Cornell Gaw School Library Cornell University Library KEM 411880 statutes of Man wil | it FB 6 210f IMPERIAL ACT RELATING TO THE CONSTITUTION OF THE Do- MINION OF CANADA, AND OF THE VARIOUS PROVINCES THEREIN COMPRISED. IMPERIAL ACT, 30 & 31 VICT. CAP. III. An Act for the union of Canada, Nova Scotia, and New Brunswick, and the government thereof; and for purposes connected therewith. (29th March, 1867.] Whereas, the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their desire to be federally united into one Dominion under the crown of the United Kingdom of Great Britain and Ireland, with a constitution similar in principle to that of the United Kingdom : And whereas, such a union would conduce to the welfare of the Provinces and promote the interests ‘of the British Em- pire: And whereas, on the establishment of the union by authori- ty of Parliament, it is expedient, not only that the constitution | of the legislative authority in the Dominion be provided for, but also that the nature of the executive government therein be declared : And whereas, it is expedient that provision bé made for the eventual admission into the union of other parts of British North America : : Be it therefore enacted and declared by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : ‘ : J, PRELIMINARY, * I. This Act may be cited as “ The British North America short title. Act, 1867,” SoHE 6 : TI. The provisions of this Act referring to Her Majesty the Application Queen extend also to the heirs and successors of Her Majesty, felerring to : : Il THE BRITISH NORTH AMERICA ACT. the Queen. Kings and Queens of the United Kingdom of Great Britain and Treland. 5 II, UNION. Declaration JJ, It shall be lawful for the Queen, by and with the ad- vice of Her Majesty’s Most Honorable Privy Council, to de- clare by proclamation that, on and after.a day therein ap- pointed, not being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia and New Brunswick shall form and be one Dominion under the name of Canada; and on and after that day those three Provinces shall form and be one Dominion under that name accordingly. crane IV. The subsequent provisions of this Act, shall,unless it is Brovisions of otherwise expressed or implied, commence and have effect on and after the union, that is to say, on and after the day ap- * pointed for the union taking effect in the Queen’s ‘proclama- tion ; and in the same provisions, unless it is otherwise ex- pressed or implied, the name, “ Canada,” shall be taken to mean Canada as constituted under this Act. EET ee Y, Canada shall be divided into four provinces, named , Ontario, Quebec, Nova Scotia and New Brunswick. Provinces of VI. The parts of the Province of Canada (as it exists at the Quebec. passing of this Act), which formerly constituted respectively the Provinces of Upper Canada and Lower Canada, shall be . deemed to be severed, and shall’form two separate Provinces ;. the part which formerly constituted the Province of Upper Canada, shall constitute the Province of Ontario; and the part which formerly constituted the Province of Lower Canada, shall constitute the Province of Quebec. Frovincesof — VII, The Provinces of Nova Scotia and New Brunswick and New shall have the same limits as at the passing of this Act. Brunswick. Besenpiyl VIII. In the general census of the population of Canada, which is hereby required to be taken in the year one thousand eight hundred and seventy-one, and every tenth year thereaf- ter, the respective populations of the four Provinces shall be distinguished. : 5 Il. EXECUTIVE POWER: Declaration 1X. The executive government and authority of and over of executive Ki : 7 ower inthe Canada is hereby declared to continue and be vested in the ueen. Queen. =, apelogien X. The provisions of this Act referring to the Governor- referring te General, extend and apply to the Governor-General for the Geveral _ time being of Canada, or other the chief executive officer or ad- s THE BRITISH NORTH AMERICA ACT. lil ministrator for the time being, carrying on the government of Canada, on behalf and in the name of the Quem, by whates er title he is designated. sa ‘ : . Constitution XL There shall be a council to aid and advise in tlie govern- of Privy ment of Canada, to be styled the Queen’s Privy Council for goungll or Canada ; and the persons who are to be members of that coun- cil shall be, from time to time, chosen and summoned by the Governor-General and sworn in as privy councillors, and mem- bers thereof may be, from time-to time, removed by the Govy- ernor-General. mite: . : 1l power: XII. All powers, authorities and functions which, under any ade wweete Act of the Parliament of Great Britain, or of the Parliament pe eqsrelsed of the United Kingdom of Great Britain and Ireland, or of the General with legislature of Upper Canada, Lower Canada, Canada, Nova Arley Douncal: Scotia, or New Brunswick, are at the union vested in or exer- 0" 2!0n® ciseable by the respective Governors or Licutenant-Governors of those Provinces, with the advice, or with the advice and consent, of the respective executive couticils thereof, or in con- junction with those councils, or with any number of members thereof, or by those Governors or Lieutenant-Governors indivi- dually, shall, as far as the same continue in existence and capa- ble of being exercised after the union in relation to the Govern- ment of Canada, be vested in and exerciseable by the Governor- General, with the advice, or with the advice and consent of, cr in conjunction with, the Queen’s Privy Council for Canada, or any members thereof, or by the Governor-Genetal individually, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. XIU. The provisions of this Act referring to the Guvernor Application . . . ° 0. ToVis. General in council, shall be construed as referring to the Gov- Teierring ts. : ernor-General acting by and with the alvies of the Choon’s ovemor: Privy Council for Canada. Council. XIV. It shall be lawful for the Queen, if Her Majesiv thinks poivei to en tit, to authorize the Governor-General, from time to time, to authous appoint any person, or any persons jointly or severally, i. be General to his deputy or deputies, within any part or parts of Canada, and perme im that capacity to exercise, during the pleasure of the Guveinir- General,such of the powers, authorities and functions of theGov- ernor-General, as the Governor-General deems it necessary or expedient to assign to him or them, subject to any limita- tions or directions expressed or given by the Queen; but the appointment of such deputy or deputies shall not affect the exercise by the Governor-General himself of any power, author- . ty or function. iv THE BRITISH NORTH AMERICA. ACT. soa XV. The command-in-chief of the land and naval militia, to continue toaad of all naval and military forces, of and in Canada, is here- be vested : ‘ : the Queen. by declared to continue and be vested in the Queen. went of t gor XVI. Until the Queen otherwise directs, the seat of govern- Canada, ment of Canada shall be Ottawa. IV, LEGISLATIVE POWER. Constitution XVII. There shall be one Parliament for Canada, consisting ofCanada. of the Queen, and Upper House styled the Senate, and the House of Commons. en rileeee XVIII. The privileges, immunities, and poweis to be held, Houses, enjoyed and exercised by the Senate and by the House of Com- mons, and by the members thereof, respectively, shall be such as are, from time to time, defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed and exercised by the Com- mons House of Parliament of the United Kingdom of Great Britain and Ireland and by the members thereof. ote ssion — XIX. The Parliament of Canada shall be called together not. of the Parlia- Gece later than six months after the union. Yearly ses- XX. There shall be a session of the Parliament of Canada sion of the a Parliament once at least in every year, so that twelve months shall not of Canada, . eu ge . ' intervene between the last sitting of the Parliament in one session and its first sitting in the next session. The Senate. ene ot XXI. The Senate shall, subject to the provisions of this Act, consist of seventy-two members, who shall be styled senators. go bresza tar XXII. In relation to the constitution of the Senate, Canada Yinces in shall be deemed to consist of three divisions : (1.) Ontario ; (2.) Quebec ; * (3.) The maritime Provinces, Nova Scotia and New Bruns- wick; which three divisions shall (subject to the provisions of this Act) be equally represented in the senate as follows: On- tario by twenty-four senators; Quebec by twenty-four sena- tors; and the maritime Provinces by twenty-four senators— twelve thereof representing Nova Scotia, and twelve thereof representing New Brunswick: in the case’ cf Quebec, each of the twenty-four senators, representing - that Province, shall be appointed for one of the twenty- four electoral divisions of Lower Canada, specified in THE BRITISH NORTH AMERICA ACT. schedule A, to chapter one of the consolidated statutes of Can- ada. XXIII. The qualification of a senator shall be as follows :— @enators. (1.) He shall be of the full age of thirty years: (2.) He shall be either a natural-born subject of the Queen, or a subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Treland, or of the legislature of one of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parlia- ment of Canada after the Union: (3.) He shall be legally or equitably seized, as of freehold, for his own use and benefit, of lands or tenements held in free and-common socage, or seized or possessed, for his own use and benefit, of lands or tenements held in franc-alleu or in roture, within the province for which he is appointed, of the value of four thousand dollars, over and above all rents, dues, debts, charges, mortgages and incumbrances, due or payable out of, or charged on or affecting the same: (4.) His real and personal property shall be together worth four thousand dollars, over and above his debts and Jiabilities : (5.) He shall be a resident in the Province for-which he is appointed : (6.) In case of Quebec, he shall have his real property qual- ification in the electoral division for which he is ap- pointed, or shall be resident in that division. XXIV. The Governor-General shall, from time to tine, in the Sane Queen’s name, by instrument under the great seal of Canada, summon qualified persons to the Senate; and, subject to the provisions of this Act, every person so summoned shall be- come and be a member of the §} nate and a senator, XXV. Such persons shall b ‘irst summoned to the Senate first body of as the Queen by warrant unc.r Her Majesty’s Royal Sign S°3trs. Manual thinks fit to approve, and their names shall be inserted in the Queen’s proclamation of union. . XXVI. If at any time on the recommendation of the Gover- Aouion of nor-General, the Queen thinks fit to direct that three or six °eTtin cases. members be added to the Senate, the Governor-General may by summons to three or six qualified persons (as the case may Vi THE BRITISH NORTH AMERICA ACT. be), representing equally the three divisions of Canada, add to the Senate accordingly. Reduction of XXVII. In case of such addition being at any time made, normal num-the Governor-General shall not summon any person to the of Senate, except on a further like direction by the Queen, on the like recommendation, until each of the three divisions of Can- ada is represented by twenty-four senators and no more. Maximpm XXVIII. The number of senators shall not at any time ex- number of Senators. ceed seventy-eight. Tenure of XXIX. A senator shall, subject to the provisions of this Act, onate, hold his place in the Senate for life. ceeignation = =XXX. A senator may, by writing under his hand, addressed Senate. to the Governor-General, resign his place in the Senate, and thereupon the same shall be vacant. Disquatifica~ XXXII. The place of a senator shall become vacant in any n oO Senators. of the following cases :-— (1.) If, for two consecutive sessions of the Parliament, he fails to give his attendance in the. Senate ; (2.) If he takes an oath or makes a declaration or acknow- ledgment of allegiance, obedience, or adherence to a foreign power, or does an act. whereby he becomes a subject or citizen, or entitled to the rights or privi- leges of a subject or citizen, of a foreign power ; (3.) If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter ; (4.) If he is attainted of treason or convicted of felony or of any infamous crime , (5.) If he ceases to be qualified in respect of property or of residence: provided, that a senator shall not be deem- ed to have ceased to be qualified in respect of resi- dence by reason only of his residing at the seat of the government of Canada, while holding an office under that government requiring his presence there. Summons on XXXII. When a: vacancy happens in the Senate by resigna- Senate. tion, death, or otherwise, the Governor-General shall, by sum- mons to a fit and qualified person, fill the vacancy. .Questionsas = XXXIII If any question arises respecting the qualification flohgand ofa senator, or a vacancy in the Senate, the same shall be heard gonapcies in and determined by the Senate. \ THE BRITISH NORTH AMERICA ACT. Vil . : é tment XXXIV. The Governor-General may, from time to time, by an oaker of instrament under the great seal of Canada, appoint a senator Sente- to be speaker of the Senate, and may remove him and appoint another in his stead. XXXV. Until the parliament of Canada otherwise provides, Quorum of the presence of at least fifteen senators, including the speaker, shall be necessary to constitute a meeting of the Senate for the exercise of its powers. ; XXXVI. Questions arising in the Senate shall be decided by Joting 2 a majority of voices, and the speaker shall in all cases have a vote, and when the voices are equal the decision shall be deem- ed to be in the negative. The House of Commons. XXXVII_ The House of Commons shall, subject. to the pro- Copetiiniion visions of this Act, consist of one hundred and eighty-one Commons in members, of whom eighty-two shall be elected for. Ontario, * sixty-five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick. XXXVI. The Governor-General shall, from time to time, Sem@moning in the Queen’s name, by instrument under the great seal of Commons. Canada, summon and call together the House of Commons. XXXIX. A senator shall not be capable of being elect- rs ide ed or of sitting or voting as a member of the House of Com- House of ris. Commons. moris. XL. Until the parliament of Canada otherwise provides, Pectoral dis- Ontario, Quebec, Nova Scotia, and New Brunswick shall, for four Fro- the purposes of the election of members to serve in the House ; of Commons, be divided into electoral districts as follows : 1—ONTARIO. Ontario shall be divided into the counties, ridings of coun- ties, cities, parts of cities, and towns enumerated in the first schedule to this Act, each whereof shall be an electoral district, each such district as numbered in that schedule being entitled to return one member. 7 2—QUEBEC. Quebec shall be divided into sixty-five electoral districts, composed of the sixty-five electoral divisions into which Lower Canada is at the passing of this Act divided, under chapter two of the consolidated statutes of Canada, chapter seventy- five of the consolidated statutes for Lower Canada, and the Act of the Province of Canada of the twenty-third year of the Vili THE BRITISH NORTH AMERICA ACT. Queen, chapter one, or’ any other Act amending the same in force at the union, so that eavh such electoral division shall be, for the purposes of this Act, an electoral district entitled to re- turn one member. 8—NOVA SCOTTA. Eack of the eighteen counties of Nova Scotia shall be an electoral district; the county of Halifax shall be entitled to return two members, and each of the other counties one mem- ber. 4—NEW BRUNSWICK. Each of the fourteen counties into which New Brunswick is divided, including the city and. county of St John, shall be an electoral district ; the city of St. John shall also be a separate electoral district ; each of those fifteen electoral districts shall be entitled to return one member. XN e Continnance XLT. Until the parliament of Canada otherwise provides, all Slectio Tear laws in force in the several Provinces at the union, relative to mentofCana- the following matters or any of them, namely,—the qualifica- aoe tions and disqualifications of persons to be elected or to sit or vote as members of the House of assembly or legislative assem- bly in the several Provinces, the voters at elections of such members, the oaths to be taken by voters, the returning offi- cers, their. powers and duties, the proceedings at elections, the periods during which elections may be’ continued, the trial of controverted elections, and proceedings incident thereto, the vacating of seats of members, and the execution of new writs in case of seats vacated otherwise than by dissolution,—shall respectively apply to elections of members to serve in the House of Commons for the same several Provinces: provided that, until the parliament of Canada otherwise provides, at any. ‘election for a member of the House of Commons for the district of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject, aged twenty-one years or upwards, being a householder, shall have . a. vote. : Writs forfirst XLII, For the first election of members to serve in the House : of Commons, the Governor-General shall cause writs to be issued by such person, in such form, and addressed to such re- turning officer as he thinks fit; the person issuing writs under this section shall have the like powers as are possessed at the union by the officers charged with the issuing of writs for the election of members to serve in the respective Houses of assembly or legislative assembly of the Provinces of Cana- da, Nova Scotia, o. New Brunswick ; and the returning offi- cers to whom writs are directed under this section shall have the like powers as are possessed at the union by the officers THE BRITISH NORTH AMERICA ACT, LX charged with the returning of writs for the election of mem- : bers to serve in the same respective Houses of assembly or legislative assembly. ‘ : 5 As to casual XLIII. In case a vacancy in the representation in the House yacancies. of Commons of any electoral district happens before the meet- ing of the Parliament, or after the meeting of the Parliament betore provision is made by the Parliament in this behalf, the provisions of the last foregoing section of this Act shall extend and apply to the issuing and returning of a writ in respect of such vacant district. XLIV. The House of Commons, on its first assembling, after As to clection a general election, shall proceed: with all practical speed to oe elect one of its members to be speaker. XLV. In case of a vacancy happening in the office of speaker 3S to Alling. by déath, resignation, or otherwise, the House of Commons poe shall, with all practicable speed, proceed to elect another of its members to be speaker. Speaker to XLVI. The speaker shall preside at all meetings of the pane. House of Commons. XLVII. Until the Parliament of Canada otherwise provides, Provisions in in case of the absence for any reason of the speaker from the ponee ue chair of the House of Commons, for a period of forty-eight con- j secutive hours, the House may elect another of its members to act as speaker, and the member so elected shall, during the continuance of such absence of the speaker, have and execute all the powers, privileges, and duties of speaker. XLVIII. The presence of at least twenty members of the Giscnm of House of Commons shall be necessary to constitute a meeting Commons. of the House for the exercise of ‘its powers ; and for that pur- pose the speaker shall be reckoned as a member. ‘XLIX. Questions arising in the House of Commons shall be vee iS decided by a majority of voices other than that of the speaker, Commons. and when the voices are equal, but not otherwise, the speaker shall have a vote. L. Every House of Commons shall continue for five years Ruration of from the day of the return of the writs for choosing the House Commons. (subject to be sooner dissolved by the Governor-General), and no longer.. ‘ LI. On the completion of the census in the year one thous- peeceuish re and eight hundred and seventy-one, and of each subsequent de- ropreventar rs cennial census, the representation of the four Provinces shall be “°™- readjusted by such authority, in such manner, and from such time, as the Parliament of Canada, from time to time, pro-) vides, subject and according to the following rules :— Increase of humber of House of Commons. Appropria- = tion and tax bills. Recommen- dation of money votes. Royal assent. to bills, &c. THE BRITISH NORTH AMERICA ACT. (1.) Quebec shall have the fixed number of sixty-five mem- bers : (2.) There shall be assigned to each of the other Provinces, such a number of members as will bear the same pro- portion to the number of its population (ascertained at such census) as the number sixty-five bears to the number of the population of Quebec (so asce1tained) : (3.)_In the computation of the number of members for a Province a fractional part not exceeding one-half of the whole number requisite for entitling the Province to a member shall be disregarded ; but a fractional part exceeding one-half of that number shall be equivalent to the whole number ; (4.) On any such re-adjustment the number of members for a Province shall not be reduced, unless the proportion which the number of the population of the Province bore to the number of the aggregate population of Canada at the then last preceding re-adjustment of the number of members for the Province, is ascertain- ed at the then latest census to be diminished by one- twentieth part or upwards ; (5.) Such re-adjustment shall not take effect until the ter- mination of the then existing Parliament. LIT. The number of members of the House of Commons may be, from time to time, increased. by the Parliament of Canada, provided the proportionate representation of the Provinces prescribed by this Act is not thereby disturbed. Money Votes ; Royal Assent. LIIT. Bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the House of Commons. LIV. Tt shall not be lawful for the House of Commons to adopt or pass any vote, resolution, address, or bill for the ap- ropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to that House by message of the Governor-General in the session in which such vote, resolution, address, or bill is proposed. LV. Where a bill passed by the Houses of the Parliament is presented to the Governor-General for the Queen’s assent, he shall declare, according to his discretion, but subject to the provisions of this Act and to Her Majesty’s instructions, either that he assents thereto in the Queen's name, or that he with- holds the Queen’s assent, or that he reserves the bill for the signification of the Queen’s pleasure. THE BRITISH NORTH AMERICA ACT. X1 LVI. Where the Governor-General assents to a bill in the Disallowance Queen’s name, he shall, by the first convenient opportunity, eounelher ach send an authentic copy of the Act to one of Her Majesty's by Governor- principal secretaries of state, and if the Queen in council with- : in two years after receipt thereof by the secretary ot state thinks fit to disallow the Act, such disallowance (with a certi- ficate of the secretary of state of the day on which the Act was received by him) being signified by the Governor-General, by speech or message to each of the Houses of the Parliament, or by proclamation, shall annul the Act from and after the day of such signification. LVII. A bill reserved for the signification of the Queen's Signifcation pleasure shall not have any force unless and until within two pleasure on years from the day on which it was presented to the Governor- General for the Queen’s assent, the Governor-General signifies, by speech or message to each of the Houses of the Parliament or by proclamation, that it has received the assent of the Queen in council ; an entry of every such speech, message, or proclamation, shall be made in the journal of each House, and a duplicate thereof duly attested shall be delivered to the pro- per officer to be kept among the records of Canada. V. PROVINCIAL CONSTITUTIONS. ‘ Executive Power. LVII. For each Province there shall be an officer, styled Appointment the Lieutenant-Governor, appointed by the Governor-General ant-Govern- : pane f Pro- in council by instrument under the great seal of Canada. mace LIX. A Lieutenant-Governor shall hold office during the 32eUre9t ut. pleasure of the Governor-General ; but any Lieutenant-Gover- enant-Gov- nor appointed after the commencement of the first session of , the Parliament of Canada, shall not be removeable within five years from his appointment, except for cause assigned, which shall be communicated to him in writing within one month, after the order for his removal is made, and shall be communi- cated by message to the Senate and to the House of Commons within one week thereafter, if the Parliament is then sitting, and if not then, within one week after the commencement of the next session of the Parliament. if LX. The salaries of the Lieutenant-Governors shall be fixed Salaries of and provided by thé Parliament of Canada. Governor.” LXI. Every Lieutenant-Governor shall, before assuming the Osta AE. of duties of his office, make and subscribe before the Governor-Gesoo” General, or some person authorized by him, oaths of allegiance and office similar to those taken by the Governor-General. LXIL. The provisions of this Act referring to the Lieutenant- Application Governor extend and apply to the Lieutenant-Governor for the, Provisions xu THE BRITISH NORTH AMERICA ACT. Hilenien yat- time being of each Province or other the chief executive officer or administrator for the time being carrying on the govern- ment of the Province, by whatever title he is designated. Appointment LXIII. The executive council of Ontario and of Quebec shall officers for be composed of such persons as the Lieutenant-Governor from Quebec. time to time thinks fit,and in the first instance of the following officers, namely,—the attorney-general, the secretary and registrar of the Province, the treasurer of the Province, the commissioner of crown lands, and the commissioner of agricul- ture and public works ; within Quebec, the speaker of the legislative council and the solicitor-general. ' Executive | LXIV. The constitution of the executive authority in each ofNovaSeo- of the Provinces of Nova Scotia and New Brunswick, shall, tia and New . ae % j : : Brunswick. subject to the provisions of this Act, continue as it exists at the union, until altered under the authority of this Act. 4 eu LXV, All powers, authorities and functions which under any Lentenant” Act of the Parliament of Great Britain, or of the Parliament _Qntario and of the United Kingdom of Great Britain and Ireland, or of the adviceor legislature of Upper Canada, Lower Canada, or. Canada, were ret or are, before or at the union, vested in or exerciseable by the respective Governors or Lieutenant-Governors of those Pro- vinees, with the advice, or with the advice and consent, of the respective executive councils thereof, or in conjunction with those councils, or with any number of members thereof, or by those Governors or Lieutenant-Governors individually, shall, as far as the same are capable of being exercised after the union in relation to the government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant-Governor of Ontario and. Quebec respectively, with the advice, or with the advice and consent of, or in conjunction with, the respective executive councils, or any members there- of, or by the Lieutenant-Governor individually, as the case re- quires, subject nevertheless {except with respect td such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britainand Ireland), to be abolished or altered by the respective legislatures of On- tario and Quebec! Application | UXVI. The provisions of this Act referring to the Lieuten- referring to _ i i Q i referring te ant-Governor in council shall be construed as referring to the Governor in. Lieutenant-Governor of the Province acting by and with the oune™" advice of the executive council thereof. eee LXVII. The Governor-General in council may, from time to gence, &¢., of time, appoint an administrator to execute the office and func- eutenant- * a . . s 2 ‘Governor. tions of Lieutenant-Governor during his absence, illness or other inahility. THE BRITISH NORTH AMERICA ACT. XU LXVIII. Unless and until the executive government of any Seats of Province otherwise directs with respect to that Province, the Government. seats of government of the Provinces shall be as follows, name- ly,—of Ontario, the city of Toronto: of Quebec, the city of Quebec; of Nova Scotia, the city of Halifax: and of New Brunswick, the city of Fredericton. Legislative Power. 1.—ONTARIO. LXIX. There shall be a legislature for Ontario, consisting of Legislature the Lieutenant-Governor and of one House, styled the legisia- . tive assembly of Ontario. LXX. The legislative assembly of Ontario shall be composed Pectoral of eighty-two members, to be elected to represent the eighty- two electoral districts set forth in the first schedule to this Act, , 29—QUEBEC. LXXI. There shall be a legislature for Quebec, consisting of Legislature f bec. the Lieutenant-Governor and of two Houses, styled the legis- poe lative council of Quebec and the legislative assembly of Que- bec. LXXIL The legislative council of Quebec shall be composed Constitution of twenty-four members, to be appointed by the Lieutenant- council.” Governor in the Queen’s name, by instrument under the great seal of Quebec, one being appointed to represent each of the twenty-four electoral divisions of Lower Canada in this Act referred to, and each holding office for the term of his life, unless the legislature of Quebec otherwise provides under the provisions of this Act. LXXITT. The qualifications of the legislative councillors of Qualifcation Quebec shall be the same as those of the senators for Quebec. councillors. LXXIV. The place of a legislative councillor of Quebec shall Resignation, become vacant in the cases, mutatis mutandis, in which the tion, &e. place of senator becomes vacant. LXXV. When a vacancy happens in the legislative council Vacancies. of Quebec by resignation, death, or otherwise, the Lieutenant- Governor, in the Queen’s name, by instrument under the great seal of Quebec, shall appointa fit and qualified person to 4ill the vacancy. LXXVI. If any question arises respecting the qualification Questions as of a legislative councillor of Quebec, or’ vacancy in the legis- @o’*°°""' lative council of Quebec, the game, shall be heard and deter- mined by the legislative council. X1V THE BRITISH NORTH AMERICS ACT. Perce LXXVII. The Lieutenant-Governor may, from time to time, Couneil. by instrument under the great seal of Quebec, appoint a mem- ber of the legislative council of Quebec to be speaker thereof, and may remove him and appoint another in his stead. Petite LXXVIII. Until the legislature of Quebec otherwise pro- Council. vides, the presence of at least ten members of the legislative council, including the speaker, shall be necessary to constitute a meeting for the exercise of its powers. Leaisietine LXXIX. Questions arising in the legislative council of Que- Connell. bec vhall be decided by a majority of voices, and the speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. of tesiaive LXXX. The legislative assembly of Quebec shall be compo- Assembly of sed of sixty-five members, to be elected to represent the sixty- five electoral divisions or districts of Lower Canada in this Act referred to, subject to alteration thereof by the legislature of Quebec: provided that it shall not be lawful to present to the Lieutenant-Governor of Quebec for assent any bill for altering ‘the limits of any of the electoral divisions or districts mention- ed in the second schedule to this Act, unless the second and third readings of such. bill have been passed in the legislative assembly with the concurrence of the majority of the members representing all those electoral divisions or districts, and the assent shall not be given to such bill unless an address has been presented by the legislative assembly to the Lieutenant- Governor stating that it has been so passed. 3—ONTARIO AND QUEBEC. First session J,XXXJ. The legislature of Ontario and Quebec respectively of legislature. 5 : shall be called together not later th.n six months after the union. Summoning LXXNXIL The Lieutenant-Governor of Ontario and of Que- of Legisiative bec shall, from time to time, in the Queen’s name, by instru- ment in ler the great seal of the Province, summon and call together the legislative assembly of the Province. Restriction LXXXIII. Until the legislature of Ontario or of Quebec on election of otherwise provides, a person accepting or holding in Ontario ome.) or in Quebec any office, commission, or employment, permanent or temporary, at the nomination of the Lieutenant-Governor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind or amount whatever from the Province is attached, shall not be cligible as a member of the legislative assembly of the respective Province, nor shall he sit or vote as such; but nothing in this section shall make ineligible any person being a member of the executive council of the respec- tive Province, or holding any of the following offices, that is to THE BRITISH NORTH ‘AMERICA ACT, say,—the offices of attorney-general, secretary and registrar of the Province, treasurer of the Province, commissioner of crown lands, and commissioner of agriculture and public works, and, in Quebec, solicitor-general, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elect- ed while holding such office. LXXXIV. Until the legislature of Ontario and Quebec re- XV Continuance existing elec- spectively otherwise provide, all laws, which at the union are tion laws. in force in those Provinces respectively, relative to the follow- ing matters, or any of them, namely,—the qualifications. and disqualifications of persons to be elected or to sit or vote as members of the assembly of Canada, the qualifications or dis- qualifications of voters, the oaths to be taken by voters, the returning-officers, their powers and duties, the proceedings at elections, the periods during which such elections may be continued, and the trial of controverted elections and the pro- ceedings incident thereto, the vacating of the seats of members and the issuing and execution of new writs in case of seats vacated otherwise than by dissolution, shall respectively apply to elections of members to serve in the respective legislative assemblies of Ontario and Quebec: provided, that until the le- gislature of Ontario otherwise provides, at any clection for a member of the: legislative assembly of Ontario for the district of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject, aged twenty-one years and upwards, being a householder, shall have a vote. LXXXV. Every legislative assembly of Ontario and every Daration ot Legislative legislative assembly of Quebec shall continue for four years Assemblies. from the day of the return of the writs for choosing the same, (subject. nevertheless to either the legislative assembly of Ontario or the legislative assembly of Quebec being sooner dissolved by the Lieutenant-Governor of the Province), and no longer, LXXXVI. There shall be a session of the legislature of On- Yearly ses- 8 tario and of that of Quebec once at least in every year, so that legislature. twelve months shall not intervene between the last sitting of the legislature in each Province in one session and its first sit- ting in the next session. LXXXVII. The following provisions of this Act respecting the House of Commons of Canada shall extend and apply to the legislative assemblies of Ontario and Quebec, that is to say,—the provisions relating to the election ofa speaker origin- ally, and on vacancies, the duties of the speaker, the absence of the speaker, the quorum, and the mode of voting, as if those provisions were here re-enacted and made applicable in terins to each such legislative assembly. Quorum, &e. Xvi THE BRITISH NORTH AMERICA ACT. 4.—NOVA SCOTIA AND NEW BRUNSWICK. Constitutions LXXXVIII. The constitution of the legislature of each of of Nova Soo. the Provinces of Nova Scotia.and New Brunswick shall, sub- Brunswiek” ject to the provisions of this Act, continue as it exists at the union until altered under the authority of this Act; and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue for the petiod for which it, was elected. 5—ONTARIO, QUEBEC, AND NOVA SCOTIA. Fivey eles LXXXIX. Hach of the Lieutenant-Governors of Ontario, , Quebec and Nova: Scotia shall cause writs to be issued for the first election of members of the legislative assembly thereof, in such form and by such person as he thinks fit, and at such time and addressed to such returning-officer as the Governor- General directs, and so that the first election of member of assembly for any electoral district or any sub-division thereof, shall be held at the same time and at the same places as the election for a member to serve in the House of Commons. of Canada for that electoral district. 6—THE FOUR PROVINCES. Aupllostion XC. The following provisions of this Act respecting the of provisions Parliament of Canada, namely,—the provisions relating to ap- respecting We ye 7 ‘ money votes, propriation and tax bills, the recommendation of money votes, eC the assent to bills, the disallowance of Acts, and the significa- tion of pleasure on bills reserved—shall extend and apply to the legislatures of the several Provinces, as if those provisions where here re-enacted and made applicable in terms to the respective Provinces and the legislatures thereof, wiih the substitution of th Lieutenant-Governor of the Province for the Governor-General, of the Governor-General for the Queen aud for a secretary of state, of one year for two years, and of the Province for Canada. VI. DISTRIBUTION OF LEGISLATIVE POWERS. Powers of the Parliament. Legislative XCI. Ii shall be lawful for the Queen, by and with the advice authority of -and consent of the Senate and House of Commons, to make Rees laws for the peace, order and good government of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the legislatures of the Pro- vinees; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that notwithstanding anything in this Act the exclu- sive legislative authority of the Parliament of Canada extends to all ma. ters coming within the classes of subjects next here- inafter er: merated ; that is to say :— THE BRITISH NORTH AMERICA ACT, xe (1.) The public debt and property ; (2.) The regulation of trade dnd commerce ; (3.) The raising of money by any mode or system of taxa- tion ; (4.) The CE of money on the public credit ; (5.) Postal service ; (6.) The census and statistics Bg (7.) Militia, military and naval service, and defence ; (8.) The fixing of and providing for the salaries and allow- ances of civil and other officers of the government of Canada; (9.) Beacons, buoys, lighthouses and Sable Island ; (10.) Navigation and shipping ; (11.) Quarantine and the establishment and maintenance of marine hospitals ; es (12.) Sea coast and inland fisheries ; (13. Ferries between a Province and any British or Foreign country or between two Provinces ; (14) Currency and coinage ; (15.) Banking, incorporation of banks, and the issue of paper money ; (16.) Savings banks ; (17.) Weights and measures ; (18.) Bills of exdhange and promissory notes ; (19.), Interest ; (20.) Legal tender ; (21.) Bankruptcy and insolvency ; (22.) Patents of invention and discovery ; (23.) Copyrights ; ae kal Xvi THE BRITISH NORTH AMERICA ACT. (24.) Indians, and lands reserved for the Indians ; (25.) Naturalization and aliens ; (26.) Marriage and divorce ; (27.) The criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in crimiaal matters ; (28.) The establishment, maintenance, and management of penitentiaries. (29.) Such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this. Act assigned exclusively to the legislatures of the Pro- vinces ; And any matter coming within any of the classes of subjects enumerated in this section shall not be deemed to come within the class of matters of a local or private nature comprised in the enumeration of the classes of subjects by this Act assigned exclusively to the legislatures of the Provinces. Exclusive Powers of Provincial Legislatures. \ Subjects of = XCII. In each Province the legislature may exclusively Provincial make laws in relation to matters coming within the classes of slation, —-)« : : fee ege subjects next hereinafter enumerated, that is to say :— (1.) The amendment from time to time, notwithstanding anything in this Act, of the constitution of the Pro- vincee,xcept as regards the office of Lieutenant-Gover- nor ; (2.) Direct taxation within the Province in order to the raising of a revenue for Provincial purposes ; (3.) The borrowing of money on the sole credit of the Pro- vince ; ' (4.) The establishment and tenure of Provincial oftices and the appointment and payment of Provincial officers ; (5.) The management and sale of the public lands belonging to the Province, and of the timber and wood thereon; (6.) The establishment, maintenance, and management of public and reformatory prisons in and for the Pro- vince ; (7.) The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary insti- THE BRITISH NORTH AMERICA ACT. tutions in and for the Province, other than marine - hospitals ; (8.) Municipal institutions in the Province ; (9.) Shop, saloon, tavern, auctioneer, and other licenses in ‘order to the raising of a revenue for Provincial, local, or municipal purposes ; (10.) Local works and undertakings other than such as are - of the following classes:— (a.) Lines of steam or other ships, railways, canals, ' telegraphs, and other works and undertakings connecting the Province with any other or others of the Provinces, or extending beyond the limits of the Province ; . '(b.). Lines of steamships between the Province and any British or foreign country ; (c.) Such works as, although wholly situate within the Province, are before or after their execution declared by the Parliament of Canada to be.for the general advantage of Canada, or for the ad- vantage of two or more of the Provinces ; ‘(11.) The incorporation of companies with Provincial ob- jects ; (12.) The solemnization of marriage in the Province ; 13.) Property and civil rights in the Province ; (14.) The administration of justice in the Province, including the constitution, maintenance, and’ organization of Provincial courts, both of civil and of criminal juris- diction, and including procedure in civil matters in those courts : (15.) The imposition of punishment, by tine, penalty, or im- prisonment, for enforcing any law of the Province made in relation to any matter coming within any of the classes of subjects enumerated in this section ; - 16.) Generally, all matters of a merely local or private na- ture in the Province. Education. _ XCIITI. In and for each Provin ing to the following provisions :— xix ce the legislature may exclu- Legislation ' sively make laws in relation to education, subject and accords tdaucation XX THE BRITISH NORTH AMERICA ACT. ss, (1.) Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law in the Province at the union ; (2.) All the powers, privileges, and duties at the union by law conferred and imposed in Upper Canada on the separate schools and school trustees of the Queen’s Roman Catholic subjects shall be and the same are hereby extended to the dissentient schools of the Queen’s Protestant and Roman Catholic subjects in Quebec ; (3.) Where in any Province a system of separate or dissen- tient schools exists by law at the union or is there- after established by the legislature of the Province, an appeal shall lie to the Governor-General in coun- cil from any act or decision of any Provincial auth- ority affecting any right or privilege of ‘the Protest- ant or Roman Catholic minority of the Queen’s sub- jects in relation to education ; (4) In case any such Provincial law, as from time to time seems to the Governor-General in council requisite for the due execution of the provisions of this section, is not made, or in case any decision of the Governor- General in council on any appeal under this section is not duly executed by the proper Provincial auth- ority in that behalf, then and in every such case, and as far only as the circumstances of each case require, the Parliament of Canada may make remedial laws for the due execution of the provisions of this section and of any decision of the Governor-General in co an- cil under this section. Uniformity of Laws i Ontario, Nova Scotia and New Brunswick. Legislation XCIV. Notwithstanding anything in this Act, the Pa~ia- if of laws in ment of Canada may make provision for the uniformity or all threesProvin- oy any of the laws relative to property and civil rights in On- tario, Nova Scotia, and New Brunswick, and of the procedure of all or any of the courts in those three Provinces, and from and after the passing of any Act in that behalf, the power of the Parliament of Canada to make laws in relation to any mat- ter comprised in any such Act, shall, notwithstanding anything in this Act, be unrestricted ; but any Act of the Parliament of Canada making provision for such uniformity shall not have effect in any Province, unless and until it is adopted and en- acted as law by the legislature thereof. THE BRITISH NORTH AMERICA ACT. xxi Agriculiwre and Immigration. XCV. In each Province the legislature may make laws in Concurrent relation to agriculture in the Province, and to immigration legislation into the Province ; and it is hereby declared that the Parlia- agriculture, ment of Canada may from time to time make laws in relation ete. to agriculture in all or any of the Provinces, and to immigra- tion into all or any of the Provinces ; and any law of the legislature of a Province relative to agriculture or to immigra- tion, shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada. VIL. JUDICATURE. XCVI. The Governor-General shall appoint the judges of Appointment the superior, district, and county courts in each Province, ex- cept those of the courts of Probate in Nova Scotia and New Brunswick. XCVII. Until the laws relative to property and civil rights Caan in Ontario, Nova Scotia, and New Brunswick, and the proce- Ontario, etcJ dure of the courts in those Provinces are made uniform, the judges of the courts of those Provinces appointed by the Gov- ernor-General shall be selected from the respective bars of those Provinces. XCVIII. The judges of the courts of Quebec, shall ke select~ eee OF ed from the bar of that Province. ‘Quebec. XCIX. The judges of the superior courts shall hold office Tenure of during good behavior, but shall be removable by the Gover- judges of fsu- nor-General on address of the Senate and House of Commons. P°!% °°" C. The salaries, allowances, and pensions of the judges of Salaries, ete., the superior, district, and county courts (except the courts of @"™"8* Probate in Nova Scotia and New Brunswick), and of the Ad- ' miralty courts in cases where the judges thereof are for the time being paid by salary, shall be fixed and provided by the Parliament of Canada. CI. The Parliament of Cana la may, notwithstanding any- General court thing in this Act, from time to time, sails for the DOnseE a tion, maintenance and organ’. tion of a general court of ap- peal for Canada, and for the v. :ablishment of any additional courts for the better administr:.tion of the laws of Canada. VII. REVENUES ,; DEBTS ; ASSETS ; TAXATION. CII. All duties and revenues over which the respective Creston of legilatures of Canada, Nova Scotia, and New Brunswicd before revenue fund. and at the union had and have power of appropriation, except xxii THE BRITISH NORTH AMERICA ACT. such portions thereof as are by this Act reservod to the re- spective legislatures of the Provinces, or are raised by them in accordance with the special powers conferred on them by this Act, shall form one consolidated revenue fund, to be ap- propriated for the public service of Canada, in the manner and subject to the charges in this Act provideds Expensestof CLIT. The consolidated revenue fund of Canada shall be collection,etc. * : permanently charged with the costs, charges and expenses in- cident to the collection, management, and receipt thereof, and the same shall form the first charge thereon, subject to be re- viewed and audited in such manner as shall be ordered by the Governor-General in council, until the Parliament otherwise provides, : Interestot CIV. The annual interest of the public debts of the several publiedetts, provinces of Canada, Nova Scotia and New Brunswick at the union, shall form the second charge on the consolidated revenue fund of Canada. en Pts CV. Unless altered by the Parliament of Canada, the salary General. of the Governor-General shall be ten thousand pounds sterling money of the United Kingdom of Great Britain and Ireland, payable out of the consolidated revenue fund of Canada, and the same shall form the third charge thereon. sEErOp tte: CVI. Subject to the several payments by this Act charged time to time. on the consolidated revenue fund of Canada, the same shall be appropriated by the Parliament of Canada for the public service. Transfer of | CVII. All stocks, cash, bankers’ balances, and securities fur Stocks, ete. money belonging to each Province at the time of the union, except as in this Act mentioned, shall be the property of Can- ada, and shall be taken in reduction of the amount of the res- pective debts of the Provinces at the union. A os CVI The public works and property of each Province, schedule. enumerated in the third schedule to this Act, shall be the pro- perty of Canada. saad ea CIX. All lands, mines, minerals, and royalties belonging to ete. the several Provinces of Canada, Nova Scotia, and New Bruns- wick at the union, and all sums then due or payable for such lands, mines, minerals or royalties, shall belong’ to the several Provinces of Ontario, Quebec, Nova Scotia, and New Bruns- wick, in which the same are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the Province in the same. , Assets con, CX. All assets connected with such portions of the public Provinelal debt of each Province as are assumed by that Province shall , belong to that Province. THE BRITISH NORTH AMERICA ACT. xxiii CXL Canada shall be liable for the debts and liabilities of Canada to be : bait . Hable for Pro- each Province existing at the unicn. vineial debts, OXI. Ontariv and Quebec conjointly shall be liable to Can- Denis ot a ada for the amount (if any) by which the debt of the Province Quebec. of Canada exceeds at the union sixty-two million five hundred thousand dollars, and shall be charged with interest at the rate of five per contain per annum thereon. CXII. The asset$ enumerated in the fourth schedule to this Assets of | Act, belonging at the union to the Province of Canada, shall auenee. be the property of Ontario and Quebec conjointly. CXIV. Nova Scotia shall be liable to Canada for the amount Debt of Nova (if any) by which its public debt exceeds at the union eight S°4* raillion dollars, and shall be charged with interest at the rate of five per centum per annum thereon. CXV. New Brunswick shall be liable to Canada for the Deby of New. amount (if any) by which its public debt exceeds at the union seven million dollars, and shall be charged with interest at the rate of five per centum per annum thereon. CXVI. In case the public debts of Nova Scotia and New payment of Brunswick do not at the union amount to eight million and interest to || seven million dollars respectively, they shall respectively re- and New * 2 Brunswick. ceive by half-yearly payments in advance from the government of Canada, interest at five per centum per annum on the dif- ference between the actual amounts of their respective debts and such stipulated amounts. os CXVII. The several Provinces shall retain all their respect- Provincial tive public property not otherwise disposed of in this Act, PyMcProrer subject to the right of Canada to assume any lands or public property required for fortifications or for the defence of the country. CXVIII. The following swims shall be paid yearly by Canada.erants to to the several Provinces for the support of their governments P7OV'7°* and legislatures : Dollars. Ontario eighty thousand. Quebec seventy thousand. Nova Scotia sixty thousand. New Brunswick fifty thousand. two hundred and sixty thousand ; and an annual grant in aid of each Province shall be made equal to eighty cents per head of the population as ascertained by the census of one thousand eight hundred and sixty-one, and in the case of Nova Scotia and New Brunswick, by each =xiy THE BRITISH NORTH AMERICA ACT. subsequent decennial census until the population of each of those two Provinces amounts to four hundred thousand souls, at which rate such grant shall thereafter remain ; such grants shall be in full settlement of all future demands on Canada, and shall be paid half-yearly in advance to each Province ; but the government of Canada shall deduct from such grants, as against any Province, all sums chargeable as interest on the public debt of that Province in excess of the several amounts stipulated in this Act. \ rg CXIX. New Brunswick shall receive, by half-yearly pay- Brunswick.’ ments in advance from Canada, for the period of ten years from the union, an additional allowance of sixty-three thousand dollars per annum; but as long as the public debt of that Province remains under seven million dollars, a deduction equal to the interest at five per centum per annum on such deficiency shall be made from that allowance of sixty-three thousand: dollars. Form of pay- CXX. All payments to be made under this Act, or in dis- charge of liabilities created under any Act of the Provinces of Canada, Nova Scotia, and New Brunswick, respectively, and assumed by Canada, shall, until the parliament of Canada otherwise directs, be made in such form and manner as may from time to time be ordered by the Governor-General in council. rauaat ures .CXXI. All articles of the growth, produce, or manufacture etc. of any one of the Provinces shall. from and after the union, be admitted free into each of the other Provinces. 1 Continents CXXII. The customs and excise laws of each Province shall, andexcise subject to the provisions of this Act, continue in force until laws. altered by the parliament of Canada, Exportation CXXIII. Where customs duties are, at the union, teviable nd importa» a + é : tion as be- on any goods, wares, or merchandise in any two Provinces, mroviness, ‘tH@8e goods, wares and merchandise may, from and after the union, be imported from one of those Provinces into the other of them on proof of payment of the customs. duty leviable thereon in the Province of exportation, and on payment of such further amount (if any) of customs duty as is leviable thereon in the Province of importation. Lumber dues CXXIV. Nothing in this Act shall affect the right of New Brunswick. Brunswick to levy the lumber dues provided in chapter fifteen of title three of the revised statutes of New Brunswick, or in any Act amending that Act before or after the union, and not in- creasing the amount of such dues; but the lumber of any of the Provinces other than New Brunswick shall not be subject to such dues. THE BRITISH NORTH AMERICA ACT. MXV CXXV. No lands or property belonging to Canada or any Public ands, etc, Province shall be liable to taxation. CXXVI. Such portions of the duties and revenues over }3°soHasted which the respective legislatures of Canada, Nova Scotia, and revenue fund. New Brunswick had before the union power of appropriation as are by this Act reserved to the respective governments or legislatures of the Provinces, and all duties and revenues raised by them in accordance with the special powers conferred upon them by this Act, shall in each Province form one consolidated revenue fund to be appropriated for the public service of the Province. IX, MISCELLANEOUS PROVISIONS, General. CXXVIL. If any person, being at the passing of this Act ace ee member of the legislative council of Canada, Nova Scotia, or lorsofpro- New Brunswick, to whom a place in the Senate is offered, doesing senators. not, within thirty days thereafter, by writing under his hand, addressed to the Governor-General of the Province of Canada, or to the Lieutenant-Governor of Nova Scotia or New Bruns- wick, (as the case may be), accept the same, he shall be deemed to have declined the same; and any person who, being at the passing of this Act a member of the legislative council of Nova Scotia or New Brunswick, accepts a place in the Senate shall ‘ thereby. vacate his seat in snch legislative council. CXXVIII Every member of the Senate or House of Com- caeae mons of Canada shall, before taking his seat therein, take and subscribe before the Governor-General, or some person author- ized by him, and every member of a legislative council or leg- islative assembly of any Province shall, before taking his seat therein, take and subscribe before the Lieutenant-Governor of the Province or some person authorized by him, the oath of allegiance contained in the fifth schedule to this Act; and every member of the Senate of Canada and every member of the leg- islative council of Quebec shall also, before taking his seat therein, take and subscribe betore the Governor-General, or some person authorized by him, the declaration of qualification contained in the same schedule. CXXIX. Except as otherwise provided by this Act, all laws otosiaine in force inCanada, Nova Scotia or New Brunswick at the union, ea and all courts of civil and criminal jurisdiction, and all legal neg commissions, powers and authorities, and all officers, judicial, administrative, and ministerial, existing therein at the union, shall continue in Ontario, Quebec, Nova Scotia and New Bruns- wick respectively, as if the union had not been made; subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the XXV1 THE BRITISH NORTH AMERICA ACT, Parliament of the United Kingdem of Great Britain and Ire- land) to be repealed, abolished, or altered by the parliament of Canada, or by the legislature of the respective Provinces, ac- - cording to the authority of the parliament or of that legisla- ture under this Act. Transter of CXXX. Until the parliament of Canada otherwise provides, Canada. all officers of the several Provinces having duties to discharge in relation to matters other than those coming within the classes of subjects by this Act assigned exclusively to the legis- latures of the Provinces, shall be officers of Canada, and shall continue to discharge the duties of their respective offices under the same’ liabilities, responsibilities, and penalties, as if the union had not been made. or eew ment =CXXXI. Until the parliament ot Canada otherwise pro- officers. viaes, the Governor-General in council may from time to time appoint such officers as the Governor-General in council deems necessary or proper for the effectual execution of this Act. Treaty CXXXITI. The parliament and government of Canada shall obligations. . : * have all powers necessary or proper for performing the obliga- tions of Canada or of any Province thereof, as part of the Bri- tish Empire, towards foreign countries, arising under treaties between the Empire and such foreign countries. use of Eng- = =CXXXIII. Hither the English or the French lahguage may Brench be used by any person in the debates of the Houses of the mguages. Parliament of Canada and of the Houses of the legislature of Quebec ; and both those languages shall be used in the respec- tive records or journals of those houses; and either of those languages may be used by any person in any pleading or process in or issuing from any court of Canada established under this Act, and in or from all or any of the courts of Quekec. The Acts of the parliament ot Canada and of the legisla- ture of Quebec shall be printed and published in both langu- ages. Ontario and Quebec. Appointment CXXXIV. Until the legislature of Ontario or of Quebec oLexecutive j : . ' : officers for. otherwise provides, the Lieutenant-Governors of Ontario and Quebec. "* Quebec may each appoint under the great seal of the Province the following officers, to hold office during pleasure, that is to say,—the attorney-general, the secretary and registrar of the Province, the treasurer of the Province, the commissioner of crown lands, and the commissioner of agriculture and public. works, and in the case of Quebec the solicitor-general ; and may, by order of the Lieutenant-Governor in council, from time to time, prescribe the duties of those officers and of the THE BRITISH NORTH AMERICA ACT. several departments over which they shall preside or to which they shall belong, and of the officers and clerks thereof; and may also appoint other and additional officers to hold office during pleasure, and may from time to time prescribe the duties of those officers, and of the several departments over which they shall preside or to which they shall belong. and of the officers and clerks thereof. CXXXV. Until the legislature of Ontario or Quebec other- Powers, wise provides, all rights, powers, duties, functions, responsibili- e ties, or authorities at the passing of this Act vested in or im- posed on the attorney-general, solicitor-general, secretary ‘and registrar of the Province of Canada, minister of finance, com- missioner of crown lands, commissioner of public works, and minister of agriculture and receiver-general, by any law, statute or ordinance of Upper Canada, Lower Canada, or Can- ada, and not repugnant to this Act, shall be vested in or im- posed on any officer to be appointed by the Lieutenant-Gover- nor for the discharge of the same or any of them; and the commissioner of agriculture and public works shall perform the duties and functions of the office of minister of agriculture at the passing of this Act imposed by the law of the Province of Canada, as well as those of the commissioner of public works. duties, etc., of xecutive officers. OXXXVI. Until altered by the Licutenant-Governor in Great Seal. council, the great seals of Ontario and Quebec respectively shall be the same, or of the same design, as those used in the Province of Upper Canada and Lewer Canada respectively, before their union as the Province of Canada. CXXXVII. The words “and from thence to the end of the Construction of temporary “then next ensuing session of the legislature,” or words to the acts. same effect, used in any temporary Act of the Province of Canada, not expired before the,union, shall be construed to extend and apply to the next session of the parliament of Can- ada, if the subject matter of the Act is within the powers of the same, as defined by this Act, or to the next sessions of the legislatures of Ontario and Quebec respectively, if the subject matter of the Act-is within the powers of the same-as defined by this Act. ¢ CXXXVIII. From and after the union the use of the words As to errors “Upper Canada” instead of “Ontario,” or “Lower Canada” in- stead of “Quebec,” in any deed, writ, process, pleading, docu- ment, matter, or thing, shall not invalidate the same. n names, GXXXIX. Any proclamation under the great seal of the Aste issue of Province, issued before the union, to take effect at a time which before, union commence i a é * t is subsequent to the union, whether relating to that Province, Alter Union. or to Upper Canada, or to Lower Canada, and the several mat- ters and things therein proclaimed shall be and continue of like force and effect as ifthe union had not been made. xxviii THE BRITISH NORTH AMERICA ACT, As toissue of CXL. Any proclamation, which is authorized by any Act of tions afier the legislature of the Province of Canada to be issued under : the great seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the union, may ke issued by the Lieutenant-Governor of Ontario or of Quebec, as its subject’ matter requires, under the great seal thereof; and from and after the issue of such proclamation, the same and the several matters and things therein proclaimed shall be and continue of the like force and effect in Ontario or Quebec as if the union had,not been made. Penitentiary. OXLI. The penitentiary,of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the penitentiary of Ontario and of Quebec. aan pee CXLII. The division and adjustment of the debts, credits, debts, ete. liabilities, properties, and assets of Upper Canada and Luwer Canada shall be referred to the arbitrament of three arbitra- tors, one coosen by the government of Ontario, one by the government of Quebec, and one by the government of Canada, and the selection of the arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met ; and the arbitrator chosen by the govern- ment of Canada, shall not be a resident either in Ontario or in Quebec. “Pivision of —= CXLIII. The Governor-General in council may, from time to time, order that such and so many of the records, books and documents of the Province of Canada as he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the property of that Province ; and any copy thereof or extract therefrom, duly certified by the officer having charge of the original thereof, shall be ad- mitted as evidence. : Constitution CXLIV. The Lieutenant-Governor of Quebec may, from oa QeahiP® time to time, by proclamation, under the great seal of the Pro- vince to take effect from a day to be appointed therein, con- stitute townships in those parts of the Province of Quebec in which townships are not then already constituted, and fix the metes and bounds thereof. X. INTERCOLONIAL RAILWAY. Duty of Gov: CXLV Inasmuch as the. Provinces of Canada, Nova Scotia Parliamentofand New Brunswick have joined in a declaration, that the con- fake railway struction of the Intercolonial railway is essential to the con- or solidation of the union of British North America, and to the "assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that provision should be made for its im- mediate construction by the government of Canada ; there- THE BRITISH NORTH AMERICA ACT. fore, in order to give effect to that agreement, it shall be the duty of the government an] Parliament of Canada to provide for the commencement, within six months after the union, of a railway connecting the river St. Lawrence with city of Halitax in Nova Scotia, and for the construction thereof without inter- mission, and the completion thereof with all practicable speed. XI. ADMISSION OF OTHER COLONIES. CXLVI. It shall be lawful for the Queen, by and with the advice of Her Majesty's most Honorable Privy Council, on ad- the Houses of the respective legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Uolonies or Provinces, or any of them, into the union, and on address from the Houses of the Parlia- ment of Canada, to admit Rupert’s Land and the North-western territory, or either of them, into the union, on such terms and conditions in each case as are in the addresses expressed, and as the Queen thinks fit to approve, subject to the provisions of this Act ; and the provisions of any order in council in that behalf shall have effect, as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ire- land. XxXIX Power to ad- mit New- joundiand,, " : ete., into the dresses from the Houses of the Parliament of Canada, and from union. CXLVII. In case of the admission of Newfoundland and As te repre- Prince Edward Island, or either of them, each shall be entitled Newfound- a 1 d to arepresentation in the Senate of Canada of four members, oa ata and (notwithstanding anything in this Act) in case of the ad- mission of Newfoundland, the normal number of senators shall be seventy-six, and their maximum number shall be eighty- two; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the three divisions into which Canada is, in relation to the constitution of the Senate, divided by this Act, and accordin,ly, after the admission of Prince Edward Island, whether Newfoundland is admitted or not, the representation of Nova Scotia and New. Brunswick in the Senate shall, as vacancies occur, he reduced from twelve to ten members respectively, and the representation of each of those Provinces shal] not be increased at any time beyond ten, except under the provisions of this Act for the appointment of three or six additional senators under the direction of the Queen. ward Island in Senate. THE BRITISH NORTH AMERICA ACT. ote be bo SCHEDULES. THE FIRST SCHEDULE. Electoral Districts of Ontario. A, EXISTING ELECTORAL DIVISIONS. COUNTIES. Prescott. 6. Carleton. Glengarry. 7. Prince Edward. Stormont. 8. Halton. Dundas. 9, Essex. Russell, RIDINGS OF COUNTIES. North Riding of Lanark. . South Riding of Lanark. . North Riding of Leeds ‘and: North: Riding of Grenville. South Riding of Leeds. South Riding of Grenville. . 5. East Riding ‘of Northumberland. . West Riding of Northumberland (excepting therefrom the township of South Monaghan.) East Riding of Durham. West Riding of Durham. . North Riding of Ontario. . South Riding of Ontario. . East Riding of York. 2. West Riding of York. . North Riding of York. . North Riding of Wentworth. . South Riding of Wentworth. . East Riding oF Elgin. . West Riding of Elgin. . North Riding of Waterloo. . South Riding of Waterloo. . North Riding of Brant. . South Riding of Brant. . North Riding of Oxford. 3. South Riding of Oxford. . East Riding of Middlesex. THE BRITISH NORTH AMERICA ACT. XXX1 CITIES, PARTS OF CITIES AND TOWNS. 35. West Toronto. 36. East Toronto. 37. Hamilton. + \ 38. Ottawa. 39. Kingston, 40. London. 41, Town of Brockville, with the township of Elizabethtown thereto attached. 42. Town of Niagara, with the township of Niagara thereto attached. 43. Town of Cornwall, with the township of Cornwall there- to attached. B. NEW ELECTORAL DIVISIONS. 44, The Provisional Judicial District of Algoma. The county of Bruce, divided into two ridings, to be called respectively the North and South Ridings :— 45, The North Riding of Bruce to consist of the townships of Bury, Lindsay, Eastnor, Albemarle, Amable, Arran, Bruce, Elderslie, and Saugeen, and the Village of Southampton. ; 46. The South Riding of Bruce to consist of the townships of Kincardine (including the village of Kincardine), Greenock, Brant, Huron, Kinloss, Culross and Carrick. The county of Huron, divided into two ridings, to be called respectively the North and South Ridings: 47. The North Riding to consist of the townships of Ash- field, Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullett, including the village of Clinton, and McKillop. 48. The South Riding to consist of the town of Goderich, and the township of Goderich, Tuckersmith, Stanley, Hay, Usborne, and Stephen. The county of Middlesex, divided into three ridings, to be called respectively the North, West, and East Ridings: _ 49. The North Riding to consist of the townships of McGil- livray and Biddulph (taken from the county of XXxh THE BRITISH NORTH AMERICA ACT. Huron), and Williams ast, Williams West, Adelaide, and Lobo. 50. The West Riding to consist of the townships of Dela- ware, Carradoc, Metcalfe, Mosa and Ekfrid, and the village of Strathroy. [The East Riding to consist of the townships now embraced therein, and be bounded as it is at present.] 51. The county of Lambton, to consist of the townships of Bosanquet, Warwick, Plympton, Sarnia, Moore, En- niskillen and Brooke, and the town of Sarnia. 52, The county of Kent, to consist of the townships of Chatham, Dover, East Tilbury, Romney, Raleigh and Harwich, and town of Chatham. 53. The county of Bothwell to consist of the townships of Sombra, Dawn, and Euphemia (taken from the county of Lambton), and the townships of Zone, Camden with the Gore thereof, Orford, and Howard (taken from the county of Kent). The county of Grey divided into two ridings to be called respectively the South and North Ridings :— 54. The South Riding to consist of the townships of Ben- tinck, Glenelg, Artemesia, Osprey, Normanby, Egre- mont, Proton, “nd Melancthon. © 55. The North Riding to consist of the townships of Col- lingwood, Euyhrasia, Holland, Saint Vincent, Syden- han, &"- Jerby, and Keppel, Sarawak and Brooke, ud the town of Owen Sound. The county of Perth divided into two ridings, to be called respectively the South and North Ridings :— 56. The North Riding to consist of the townships of Wal- lace, Elma, Logan, Ellice, Mornington, and North Easthope, and the town of Stratford. : 57. The South Riding to consist of the townships of Blan- chard, Downie, South Easthope, Fullartcn, Hibbert, and the villages of Mitchell and St. Marys. The county of Wellington divided into three ridings, to be called respect*ely North, South and Centre Ridings :— 58. The” rth Riding to consist of the townships of Amar- a Arthur, Luther, Minto, Maryborough, Peel and Nage of Mount Forest. THE BRITISH NORTH AMERICA ACT. . 59. The Centre Riding to consist of the townships of Gara- fraxa, Erin, Eramcsa, Nichol, and Pilkington, and the villages of Fergus and Elora. 60. The South Riding to consist of the town of Guelph, the townships of Guelph and Puslinch. The county of Norfolk, divided into two ridings, to be call- ed respectively the South and North Ridings. 61. The South Riding to consist of the townships of Char- lotteville, Houghton, Walsingham, and Woodhouse, and with the Gore thereof. 62. The North Riding to consist of the townships of Mid- dleton, Townsend, and Windham, and the town of Simcoe. 63. The county of Haldimand to consist of the townships of Oneida, Seneca, Cayuga North, Cayuga South, Rain- ham, Walpole and Dunn. 64. The county of Monck to consist of the townships of Can- borough and Moulton, and Sherbrooke, and the vil- lage of Dunnville (taken from the county of Haldi- mand), the townships of Caister and Gainsborough, (taken from the county of Lincoln), and the town- ships of Pelham and Wainfleet (taken from the coun- ty of Welland). 65. The county of Lincoln to consist of the townships of Clinton, Grantham, .Grimsby and Louth, and the town of St: Catharines. 66. The county of Welland to consist of the townships of ‘ f Bertie, Crowland, Humberstone, Stanford, Thorold and Willoughby, and the villages of Chippewa, Clif- ; ton, Fort Erie, Thorold and Welland. 67. The county of Peel to consist of the townships of Chin- guacousy, Toronto, and the Gore of Toronto, and the villages of Brampton and Streetsville. x 68. The county of Cardwell to consist of the townships of Albion and Caledon (taken from the county of Peel), and the townships of Adjalaand Mono (taken from the county of Simcoe), ' The county of Simcoe, divided into two ridings, to be called respectively the South and North Ridings : Cc AXXIit xxxiv THE BRITISH NORTH AMERICA ACT. 69. The South Riding to consist of the townships of West Gwillimbury, Tecumseh, Innisfil, Essa, Tossorontio, Mulmur, and the village of Bradford. 70. The North Riding to consist of the townships of Nottawasaga, Sunnidale, Vespra, Flos, Oro, Medonte, Orillia and Matchedash, Tiny and Tay, Balaklava and Rebinson, and the towns of Barrie and Colling- wood. The county of Victoria, divided into two ridings, to be called respectively the South and North Ridings : 71. The South Riding to consist of the townships of Ops, Mariposa, Emily, Verulum, and the town of Lind- say, 72. The North Riding to consist ot the townships, of Anson, Bexley, Carden, Dalton, Digby, Eldun, Fenelon, Hindon, Laxton, Lutterworth, Macaulay and Draper, Summerville and Morrison, Muskoka, Monck and Waitt (taken from the county of Simcoe), and any other surveyed townships lying to the North of the sald North Riding. The county of Peterborough, divided into two ridings. to be called respectively the West and East Ridings : 73. The West Riding to consist of the townships of South Monaghan (taken from the county of Northumber- land), North Monaghan, Smith and Ennismore, and the town of Peterborough. 74, The East Riding to consist of the townships of Aspbodel, Belmont and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope and Dysart, Otonabee, and Snowden, and the village of Ashburnham, and any other.surveycd townships lying to the North of the said East Ridin. The county of Hastings, divided into three ridings, to be called respectively the West, East and North Ridings : 75. The West Riding to consist of the town of Belleville, the township of Sydney and the village of Trenton. 76. The East Riding to consist of the townships of Thurlow, Tyendinaga and Hungerford. 77. The North Riding to consist of the townships of Rawdon, Huntingdon, Madoe, Elzevir, Tudor, Marmora, and Lake, and the village of Stirling, and any other sur- THE BRITISH NORTH AMERICA ACT. XXXV veyed townships lying to the north ot the said North Riding. 78. The county of Lennox, to consist of the townships of Richmond, Adolphustown, North Fredericksburg, South Fredericksburgh, Ernest Town, and Amherst Island, and the village of Napanee. 79. The county of Addington, to consist ot the townships of Camden, Portland, Sheffield, Hinchinbrooke, Kaladar, Kenebec, Olden, Oso, Anglesea, Barrie, Clarendon, Palmerston, Effingham, Abinger, Miller, Canonto, Denbigh, Loughborough and Bedford. 80. The county of Frontenac, to consist of the townships of Kingston, Wolfe Island, Pittsburgh and Howe Island, and Storrington. The county of Renfrew, divided into two ridinys, to be called respectively the South and North Ridings : 81. The South Riding to consist of the townships of McNab, Bagot, Blithfield; Brougham, Horton, Admaston, Grattan, Matatvhachan, Griffith, Lyndoch, Raglan, Radcliffe, Brudenell, Sebastopol, and the villages of ° Arnprior and Renfrew. 82. The North Ridiny to vonsist of the townships of Ross, Bromley, Westmeath, Statiord, Pembroke, Wilber- force, Alice, Petawawa, Buchanan, South wlvona, North Algona, Frasor,McKay. Wylie, Rolph, Head, Maria, Clara, Haggerty, Sherwood, Burns, and Richards, and any other surveyed townships lying north-westerly of the said North Riding. Every town and incorporated Village oxistine at the union, not specially mentioned ia this schedule, is to be taken as part of the county or riding within which it is locally situate. i THE SECOND SUHEDULE Hlectoral Divisions of Quebec specially jiverdl. COUNTIES OF— Pontiac, Argenteuil, Missisquoi, Ottawa, Huntingdon, Brome, THE BRITISH NORTH AMERICA ACT. Shefford, Compton, Megantic, Stanstead, Wolfe and Richmond. town of Sherbrooke. THE THIRD SCHEDULE. Provincial Public Works and Property to be the Property of Canada. . Canals, with lands and water power connected therewith. . Public harbors. . Lighthouses and piers, and Sable Island. . Steamboats, dredges, and public vessels. . Rivers and lake improvements. . Railways and railway stocks, mortgages, and other debts due by railway companies. : . Military roads. Custom houses, post offices, and all other public buildings, except such as the government of Canada appropriate for the use of the Provincial legislatures and govern- ments. 9. Property transferred by the Imperial government, and known as ordnance property. 10. Armories, drill sheds, military clothing, and munitions of war, and lands sect apart for general public pur- poses. (CON Mop e pe ‘a THE FOURTH SCHEDULE. ! | ————=—- , Assets to be the Property of Ontario and Quebec conjointly. Upper Canada Building Fund. + Lunatic asylums, Normal school. Court Houses in Aylmer, ' Lower Canada. Montreal, | Kamouraska. Law Society, Upper Canada. Montreal turnpike trust. University Permanent Fund. Royal Institution. ‘Consolidated municipal loan fund, Upper Canada. THE BRITISH NORTH AMERICA ACT. Consolidated municipal loan fund, Lower Canada. Agricultural society, Upper Canada. Lower Canada, legislative grant. Quebec Fire Loan. ' Temisvouata Advance Account. Quebec turnpike trust. Education—East. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada superior education income fund. THE FIFTH SCHEDULE. OATH OF ALLEGIANCE. I, A. B, do swear, that I will be faithful and bear true alle- giance to Hey; Majesty Queen Victoria. Note.—The name of the King or Queen of the United King- dom of Great Britain and Ireland for the time being is to be substituted from time to time, with proper terms of reference thereto. DECLARATION OF QUALIFICATION, , I, A. B., do declare and testify, that I am by law duly quali- fied to be appointed a member of the Senate of Canada, (or as the case may be), and that I am legally or equitably seized as of freehold for my own use and benefit of lands or tenements held in free and common socage (or seised or possessed for my own use and benefit. of lands or tenements held in franc-alleu or in roture, as the case may be), in the Province of Nova Scotia (or as the case may be) of the value of four thousand. dollars over and above all rents, dues, debts, mortgages, charges, and incumbrances, due or jp yable out of or charged on or affecting the same, and that ! nave not collusively or colorably obtained a title to or becom: possessed of the said lands and tenements or any part thercc.' for the purpose of enabling me to become a member of the Senate of Canada (or as the case may be), and that my real and personal property are together worth four thousand dollars over and above my debts and lia- bilities. XXXVI XXXvIli THE MANITOBA ACT. CANADA ACT, 33 VIC'T. CAP. IIL. An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Govern- ment of the Province of Manitoba. [Assented to 12th May, 1870.] Preamble. Whereas, it is probable that Her Majesty the Queen may, pursuant to the British North America Act, 1867, be pleased to admit Rupert’s land and the North-Western territory into the union or Dominion of Canada, before the next session of the Parliament of Canada : And whereas, it is expedient to prepare for the transfer of the said territories to the government of Canada at the time appointed by the Queen for such admission : 4 ! . And whereas, it is expedient also to provide for the organi- zation of part of the said territories as a Province, and for the establishment of a government therefor, and to make provi- sion for the civil government of the remaining part of the said territories, not included within the limits of the Province : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : o prgvince,to.. 1. On, from and after the day upon which the Queen, by and SEN W. ter with the advice and consent of Her Majesty’s Most Honorable united to Privy Council, under the authority of the 146th section of the ; British North America Act, 1867, shall, by order in council in that behalf, admit Rupert’s Land and the North-Western ter- ritory into the union or Dominion of-Canada, there shall be Its name and formed out of the same a Province, which shall be one of the boundaries. Drovinees of the Dominion of Canada, and which shall be call- ed the ‘Province of Manitoba, and be bounded as follows: that ‘is to say, commencing at the point where the meridian of nine- ty-six degrees west longitude from Greenwich intersects the parallel of forty-nine degrees north latitude, thence due west « along the said parallel of forty-nine degrees north latitude (which forms a portion of the boundary line between the United States of America and the said North-Western Terri- tory), to the meridian of ninety-nine degrees of west longitude ; thence due north along the said meridian of ninety-nine degrees west longitude, to the intersection of the same with the parallel of fifty degrees and thirty minutes north latitude, thence due east along the said parallel of fifty degrees and thirty minutes north latitude to its inter- section with the before-mentioned meridian of ninety-six de- THE MANITOBA ACT. MXXIX grees west longitude, thence due south along the said meridian of ninety-six degrees west longitude to the place of the begin- ing. II. On,from and after the said day on which the order of the Cotati: Queen in council shall take effect as aforesaid, the provisions of N. A. Act, ”: the British North America Act, 1867, shall, except those parts 18%4,!0 apply thereof which are in terms made, or, by reasonable intendment, i may be held to be specially applicable to, or only to affect one or more, but not the whole of the Provinces now composing the Dominion, and except so far as the same may be varied by this Act, be applicable to the Province of Manitoba, in the same way, and to the like extent, as they apply to the several Pro- vinees of Canada, and as if the Province of Manitoba had been one of the Provinces originally united by the said Act. III. The said Province shall be represented in the Senate of Representa- Canada by two members, until it shall have, according to de- Yon in the cennial census, 2 population of fifty thousand souls, and from thenceforth it shall be represented therein by three members, until it shall have, according to decennial census, a population of seventy-five thousand souls, and from thenceforth it shall be represented therein by four members. x IV. The said Province shall be represented, in the first in- Represepta- stance, in the House of Commons of Canada, by four members, House of and for that purpose shall be ‘divided, by proclamation of the eons Governor-General, into four electoral districts, each of which shall be represented by one member : provided that on the completion of the census in the year 1881, and of each decen- nial census afterwards, the representation.of the said Province shall be re-adjusted according to the provisions of the fifty-first section of the British North America Act, 1867. V. Until the Parliament of Canada otherwise provides, the Qualification qualification of voters at elections of members of the House of members” Commons shall be the same as for the legislative assembly hereinafter mentioned ; and no person shall be qualified to be elected, or to sit and vote as a member for any electoral dis- trict, unless he is a duly qualitied voter within the said Pro= * vince. VI. For the said Province, there shall be an officer styled the Hieutenant- : Lieutenant-Governor, appointed by the Governor-General in 7 “council, by instrument under the great seal of Canada. VII. The executive council of the Province shall be com- Executive posed of such persons, and under such designations, as the ere Lieutenant-Governor shall, fiom timé to time, think fit ; and, in the first instance, of not more than five persons. _VIIL Unless and until the executive government of the Pro- Se eerie .vince otherwise directs, the seat of government of the same ; ‘shall be at Fort Garry, or within one mile thereof. xl Legislature. Legislative Council. Members and their appoint- ment, &c. Speaker. Quorum. Voting. Equality of votes. Legislative Assembky. Quorum Electoral divisions. Qualification of voters. THE MANITOBA ACT. IX. There shall be a legislature for the Province, consisting of the Lieutenant-Governor aud of two Houses, styled respec- tively, the legislative council of Manitoba, and the legislative assembly of Manitoba. X. The legislative council shall, in the first instance, be com- posed of seven members, and after the expiration of four years from the time of the first appointment of such seven mumbers, may be increased to not more than twelve members ; every member of the legislative council shall be appointed by the Lieutenant-Governor in the Queen’s name, by instrument under the great seal of Manitoba, and shall hoid office for the term of his life, unless and until the legislature of Manitoba other- wise provides under the British North America Act, 1867. XI. The Licutenant-Governor may, from time to time, by instrument under the great seal, appoint a member of the legislative council to be speaker thereof, and may remove him and appoint another in his stead. X17. Until the legislature of the Province otherwise pro- vides, the presence of a majority of the whole number of the legislative council, including the speaker, shall be necessary to constitute a meeting for the exercise of its powers. XII. Questions arising in the legislative council shall be de- cided by a majority of voices ; and the speaker shall, in all cases, have a vote, and when the voices are equal the decision shall be deemed to be in the negative. XIV. The legislative assembly shall be composed of twenty- four members, to be elected to represent the electoral divisions into which the said Province may be divided by the Lieuten- ant-Governor, as hereinafter mentioned. XV. The presence of a majority of the members of the legis- lative assembly shall be necessary to constitute a meeting of the House for the exercise of its powers ; and for that purpose the speaker shall be reckoned as a member. XVI. The Lieutenant-Governor shall (within six months of the date of the order of Her Majesty in council, admitting Ruperv’s Land and the North-Western territory into the union), by proclamation under the great seal, divide the said Province ‘into twenty-four electoral divisions, due regard being had to existing local divisions and population. XVII. Every male person shall be entitled to vote for a member to serve in the legislative assembly for any electoral division, who is qualified as follows, that is to say, if he is :— (1.) Of the full age of twenty-one years, and not subject to any legal incapacity : THE MANITOBA ACT. xi (2.) A subject of Her Majesty by birth or naturalization ; (3.) And a bona, fide householder within the electoral divi- sion, at the date of the writ of election for the same, and has been a bona fide householder for one year next before the said date ; or, (4.) If, being of the full age of twenty-one years, and not feet Néction subject to any legal incapacity, and a subject of Her Majesty omly- by birth or naturalization, he was, at any time within twelve months prior to the passing of this Act, and (though in the interim temporarily absent) is at the time of such election a bona fide householder, and was resident within the electoral division at the date of the writ of election for the same ; But this fourth sub-section shall apply only to the first elec- Proviso. tion to be held under this Act for members to serve in the legislative assembly aforesaid. XVIII. For the first election of members to serve in the Proceedings t first elec- legislative assembly, and until the legislature of the Province tion, &¢.,— otherwise provides, the Lieutenant-Governor shall cause writs b¢w "swat to be issued, by such person, in such form, and addressed to such returning-officers as he thinks fit; and for such first elec- tion, and until the legislature of the Province otherwise pro- vides, the Lieutenant-Governor shall, by proclamation, pre- cribe and declare the caths to be taken by voters, the powers and duties of returning and deputy returning officers, the pro- ceedings to be observed at such election, and the period during . which such election may be continued, and such other provi- sions in respect to such first election-as he may think fit. XIX. Every legislative assembly shall continue for four Puration of years from the date of the return of the writs for returning Assembly. ' the same (subject nevertheless to be sooner dissolved by the Lieutenant-Governor), and no longer; and the first session thereof shal] be called at such time as the Lieutenant-Governor shall appoint. XX. There shall be a session of the legislature once at least Geations xt in every year,so that twelve months shall not intervene between year. the last sitting of the legislature in one session and its first sitting in the next session. XXI. The following provisions of the British North America Certain pro- Act, 1867, respecting the House of Commons of Canada, shall B.N-A. Act, extend and apply to the legislative assembly, that is to say -— ini provisions relating to the election of a speaker, originally, and on vacancies,—the duties of the speaker,—the absence of the speaker and the mode of voting, as if those provisions were here re-enacted and made applicable in terms to the legislative assembly, xl THE MANITOBA ACT. tegilation ‘XXII. In and foi the Province, the said legislature may ex- gchoolgsub- clusively make laws in relation to education, subject and ac- tainpro- cording to the following provisions : visions. (1.) Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools, which any class of persons have by law or practice in the Province at the union : sy (2.) An appeal shall lie to the Governor-General in council from any Act or decision of the legislature of the Province, or of any Provincial authority, affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen’s sub- jects in relation to education ; ite Paria. (8.) In case any such Provincial law, as from time to time ment. seems to the Governor-General in council requisite for the due execution of the provisions of this section, is not made, or in case any decision of the Governor-General in council on any appeal under this section is not duly executed by the proper Provincial authority in that behalf, then, and in every such case, and as far only as the circumstances of each case require, - the Parliament of Canada may make remedial laws for the due execution of the provisions of this section, and of any decision of the Governor-General in council under this section. Huglishand =X XIII. Hither the English or the French language may be Janguages to used by any person in the debates of the House of the legisla- ; ture, and both those languages shall be used in the respective records and journals of those Houses; and either of those lan- guages may be used by any person, in any pleading or pro- cess, in or issuing from any court of Canada established under the British North America Act, 1867, or in or from all or any of the courts of the Province ; the Acts of tbe legislature shall le printed and published in both those languages. , Interest, XXIV. Inasmuch as the Province is not in debt, the said allowed to the Province on Province shall be entitled to be paid, and to receive from the a certain ne government of Canada, by half-yearly payments in advance, debt of Cana- interest at the rate of five per centum per annum on the sum , of four hundred and seventy-two thousand and ninety dol- lars. Subsidy to XXV. The sum of thirty thousand dollars shall te paid ire Eipport yearly by Canada ‘to the Province, for the support of its gov- ,ofGovern- ernment and legislature, and an annual grant, in aid of the said proportion to Province, shall be.made, equal to eighty;cents per head of the. ee population, estimated at seventeen thousand souls; and such grant of eighty cents per head shall be augmented in propor- tion to the increase of population, as may be shown by the census that shall be taken thereof in the year one thousand eight hundred and eighty-one, and by each subsequent decen- THE MANITOBA ACT. xin nial census, until its population amounts to four hundred thou- sand souls, at which amount such grant shall remain thereafter, and such sum shall be in full settlement of all future demands on Canada, and shall be paid half-yearly, in advance, to the said Province. XXVI. Canada will assume and defray the charges for the mesures com following services :— — G.) Salary of the Licutenant-Governor ; (2.) Salaries and allowances of the judges ot the superior and district or county courts ; (3.) Charges in respect of the department of customs ; (4.) Postal department ; (5.) Protection of fisheries ; (6.) Militia ; = (7.) Geological survey ; (8.) The penitentiary ; (9.) And such further charges as may be incident to and General pro- connected with the services wh'ch, by the British North Amer- Vision. ica Act, 1867, appertain to the general government, and as are or may be allowed to the other provinces. XXVII. The customs duties now by law chargeable in Ru- Customs pert’s Land, shall be continued without increase for the period ee of three years from and after the passing of this Act, and the proceeds of such duties shall form part of the consolidated revenue fund of Canada. XXVIII. Such provisions of the customs laws of Canada eames (other than such as prescribe. the rate of duties payable) as , may be from time. to.time declared by the Governor-General in council to apply to the Province of Manitoba, shall be ap- plicable thereto, and in force therein accordingly. XXIX. Such provisions of the laws of Canada respecting fees tess the Inland revenue, including those fixing the amount of and duties. duties, as may be from time to time declared by the Governor- General in council applicable to the said province, shall apply thereto, and be in force therein accordingly, XXX. All ungranted or waste lands in the Province , shall Ungranted be, from and after the date of the said transfer, vested in the in the Grown crown, and administered by the government of Canada for the £7 Dominion = soe . pur poses. purposes of the Dominion, subject to, and except and so far as 1 xliv . THE MANITOBA ACT. the same may be affected by, the conditions and stipulations contained in the agreement for the surrender of Rupert's Land by the Hudson’s Bay Company to Her Majesty. Provisions as/- XXXJ. And whereas,’ it is expedient, towards the extin- titie. guishment of the Indian title to the lands in the Province, to fuittrseds. appropriate a portion of such ungranted lands, to the extent of one million four hundred thousand acres thereof, for the bene- fit of the families of the half-breed residents, it’ is hereby en- acted that, under regulations to be, from time to time, made by the Governor-General in council, the Lieutenant-Governor shall select such lots or tracts in such parts of the Province as he may deem expedient, to the extent aforesaid, and divide the same among the children of the half-breed heads of fami- lies residing in the Province at the time of the said transfer to Canada, and the same shall be granted to the said children re- spectively, in such mode and on such conditions as to settle- ment and otherwise, as the Governor-General in council may from time to time dete1mine. Quietingtitles XXXII. For the quieting of titles, and assuring to the set- tlers in the Province the peaceable possession of the lands now held by them, it is enacted as follows: ee (1.) All grants of land in freehold made by the Hudson’s pany. Bay Company up to the eighth day of March, in the year 1869, shall, if required by the owner, be confirmed by grant : from the crown ; The same. (2.) All grants of estates less then freehold in land made by the Hudson’s Bay Company up to the eighth day of March aforesaid, shall, if required by the owner, be converted into an estate in freehold by grant from the crown ; Titles being = 3.) All titles by occupancy, with. the sanction and under the occupancy . : ? withper- _ license and authority of the Hudson’s Bay Company,up to the mission; —_ eighth day of March aforesaid, of land in that part of the Pro- vince in which the Indian title has been extinguished, shall, if required by the owner, be converted into an estate in freehoid by grant from the crown ; By, peaceable (4.) All persons in peaceable possession of tracts of land at the time of the transfer to Canada, in those parts of the Pro- vince in which the Indian title has not been extinguished, shall have the right of pre-emption of the same, on such terms and conditions as may be determined by the Governor in council ; sigan (5.) The Lieutenant-Governor is hereby authorized, under Governor to regulations to be made from time to time by the Governor- '0- . . ee eed Visions under General in council, to make all such provisions for ascertaining Order in —_ and adjusting, on fair and equitable terms, the rights of com- AMENDMENT TO MANITOBA LAND ACT. xlv mon, and rights of cutting hay held and enjoyed by the settlers in the Province, and for the commutation of the same by grants of land from the crown. XXXIH. The Governor-General in council shall, from time Governorin to time, settle and appoint the mode and form of grants of land appoint form, from the crown, and any order in council for that purpose “°’° ®°""™* when published in the Canada Gazette, shall have the same force and effect as if it were a portion of this Act. XXXIV. Nothing in this Act shall in any way prejudice or Rights of | affect the rights or properties of the Hudson’s Bay Company, pany not as.contained in the conditions under which that company sur- : rendered Rupert’s Land to Her Majesty. XXXV. And with respect to such portion of Rupert’s Land a aae and the North-Western territory, as is not included in the Pro- t govern vince of. Manitoba, it is hereby enacted that the Lieutenant- tory for Governor of the said Province shall be appointed, by commis- . sion under the great seal of Canada, to be the Lieutenant-Gov- ernor of the same, under the name of the North-West Terri- tories, and subject to the provisions of the Act in the next ‘section mentioned. 7 XXXVI. Except as hereinbefore is enacted and provided, the 6°53 and 38 Act of the Parliament of Canada, passed in the now last ses- fonied and sion thereof, and entitled, “An Act for the temporary \govern- “7 ment of Rupert’s Land, and the North-Western Territory when united with Canada,” is hereby 1¢-enacted, extended and con- tinued in force until the first day of January, 1871, and until the end of the session of Parliament then next succeeding. CANADA ACT, 38 VICT. CHAP. LIT. An Act to amend “An Act respecting the appropriation of certain lands in Manitoba.” é [Assented to Sth April, 1875.] Whereas it is expedient to amend the third section of the Preamble. Act passed in the thirty-seventh year of Her Majesty’s reign, and intituled : “An Act respeing the appropriation of certain’ V °-:2). Dominion lands in Manitoba,” and thereby to afford further facilities to parties claiming lands under the third and fourth *V»°* sub-sections of the thirty-second section ofthe Act, thirty-third Victoria, chapter three, to obtain letters patent for the same: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows: xlvi ACTS TO HAVE FORCE IX MANITOBA. muntitcua I. The third section of the Act passed in the thirty-seventh gr27,¥" ° year of Her Majesty's reign, intituled: “An Act respecting the appropriation of certain Dominion lands in M anitoba, is hereby repealed, and the following shall be taken and sub- stituted therefor, and read in lieu of the section hereby re- pealed : ‘ AIL. Whereas it is expedient to afford facilities to parties claiming land under the third and fourth sub-sections of the thirty-second section of the Act, thirty-third Victoria, chapter three, to obtain letters patent for the same : Who shall be Be it enacted, that persons satisfactorily establishing undis- patents under turbed occupancy of any lands within the Province prior to, x. ’°** and being, by themselves or their servants, tenants or agents, or those through whom they claim, in actual peaceable posses- sion thereof, on the fifteenth day of July, one thousand eight hundred and seventy, shall be entitled to receive letters patent therefor, granting the same absolutely to them, respectively in fee simple. , , CANADA ACT, 34 VICT.* CAP. NHL An Act respecting the force and eifect uf the Acts of the Parlia- ment of Canada, in and in relation to the Province of Manitoba, and the Colony of British Columbia when it becomes a Province of the Dominion. [Assented to 14th April, 1571.] Preamble: Whereas, it is expedient to make certain provisions respect- ing the force and effect of the Acts of the Parliament of Cana- da, in and in relation to the Province of Manitoba, and the Colony of British Columbia when it becomes a Province in the Dominion of Canada ; therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :— MANITOBA i / : 4 eu ee I, Subject to the exceptions and limitations in the follow- sessions of ing sections of this Act, or in the schedule hereunto annexed, the Parli@- all the enactments and provisions contained in the Acts of the Canada shell Parliament of Canada, passed in first, second and third sessions Manitoba. thereof, held respectively’in the thirty-first, the thirty-second and thirty-third, and the thirty-third years of Her Majesty’s Reign, and applying equally to the whole Dominion of Cana- da as then constituted, and not limited to any particular Pro- vince or Provinces thereof, or to any territorial division in any ACTS TO HAVE FORCE IN MANITOBA. xvii one or more of them, shall have the same force and effect in and in relation-to the Province of Manitoba, from and after the passing of this Act, as they then have in and in relation to all the other Provinces of Canada. II. In the seven next following sections of this Act the words Interpreta- “the said Acts” mean the Acts passed in the said first, second, and third sessions of the Parliament of the Dominion of Cana- da, which are not mentioned in the schedule to this Act as being declared wholly inapplicable to the Province of Manitoba. ILL. In construing the said Acts, the words “Canada,” “the 7e*™e Dominion,” “the Dominion of Canada,” “the Provinces of Cana- da” or cther like expressions wherever they occur therein, shall, from and after the passing of this Act, be held to include the Province of Manitoba; provided the subject matter and the context will fairly admit of their being so construed, in order to carry out the intent of this Act. IV. Nothing in this Act shall be construed as a declaration Raving pro- that any of the said Acts, or any part thereof, had not or has : not or would not have, without the passing of this’ Act, force or effect in and in relation to the Province of Manitoba. V. In case any of the said Acts, or any enactment or provi- Brow iefons. ‘to sion therein, has force or effect in relation to one or more of the Manitoba as Provinces composing the Dominion at the time of its passing, (7e7#9'0,2". in a sense peculiar to such Province or Provinces, and different °s- ; from the sense in which it has force and effect in relation to all the said Provinces as a whole, such Act, enactment or pro- vision shall have force and effect within and in relation to the Province of Manitoba in the last mentioned sense only. VI. Nothing in this Act shall be construed so as to give a No retro- A 5 a active effect. retroactive effect to any of the said Acts, or to any enactment or provision therein. VII. Nor shall anything in this Act be construed as relating Thig Act not to or in any way affecting the Act passed in the thirty-third Bye = year of Her Majesty’s reign, chapter three, “to amend and “ continue the Act 32 and 33 Victoria, chapter three, and to “establish and provide for the government of the Province of “ Manitoba,” but the said Act shall have and continue to have the same force and effect, within and in relation to the Pro- vince of Manitoba as if this Act had not been passed: provid- Proviso as to ed that in construing the twenty-seventh section of the said @uties of cus- Act, the customs duties thereby continued shall be deemed to be duties imposed by the Parliament of Canada, for the pur- poses of the Act 33 Vict., chapter eight, (respecting the remis- sion of duties and penalties in certain cases), and other Acts relating to the customs and revenue. xl viii Acts of the present Bes- sion not affected Inconsistent enactments repealed. ACTS TO HAVE FORCE IN MANITOBA, VIII. Nor shall anything in this Act prevent the effect, in or in relation to the Province of Manitoba, of any Act passed during the present session, relating specially to the said Pro- vince, / IX. Every law in force in the Province of Manitoba at the time of the passing of this Act, incorfsistent with or repugnant ' to any of the enactments or provisions of any Act of the Par- liament of Canada which will be in force in the said Province, or making any provision for any matter provided for by any of the said enactments or provisions, other than such as is thereby made, is hereby repealed; but this repeal shall not affect the past operation of any such law, or the validity ot anything already done, or any right, title, obligation or liabil- ity aiready accrued, or penalty or forfeiture already incurred, thereunder. SCHEDULE A. Acts of the Parliament of Canada which will not under the foregoing Act apply to the Province of Manitoba or the ap- plication of which to the said Province, is limited in the manner and to the extent hereinafter mentioned. CHAP. TITLE. Acts passed in the First Session 31st Victoria, 1867-1868. 6 |An Act respecting the customs—Eacept such provi- sions thereof as may be declared applicable by’ order in council, under 33 Vic., cap. 8, 8. 28. 7 |An Act imposing duties of customs, with the tariff of duties payable under it. 8 |An Act respecting the inland revenue—Zucept such Mpnetice thereof as may be declured applicable y order in council, under 33 Vic., cap. 3, 8. 29. 42 |An Act providing for the organization of the depart-— ment of the secretary of state of Canaea, end for the management of Indian and ordnance lands.— Except only so much as relates to the organization of the department. 44 |An Act to amend the Act of the present session, inti- tuled,“An Act imposing duties of customs, with the “tariff duties payable under it.”—Ezcept such pro- ACTS TO HAVE FORCE IN MANITOBA. xlix visions thereof as may be declared applicable by order in council, wnder 83 Vict., cap. 8, s, 28. 45 |An Act respecting the currency. 50 |An Act to increase the excise duty on spirits, to impose an excise duty on refined petroleum, and to provide for the inspection thereof—zcept such pro- visions thereof as may be declared applicable by order yn council, under 33 Vict., cap. 8, s. 29. 51 |An Act for better securing the payment of the duty im- posed on tobacco manufactured in Canada.— Sub- ject to the exceptions made with respect to cap. 50. Acts passed in the Second Session, 32-38 Victoria, 1869. 6 |An Act for the gradual enfranchisement of Indians, the better management of Indian affairs, and to ex- tend the provisions of the Act 31st Victoria, chap- ter 42. 16 |An Act respecting insolvency —This Act shall not ap- ply to insolvents resident in Manitoba, except in the case of composition and discharge, mentioned in sections 94 to IVS beth inclusive, in which “the court” shall mean the General court of the Pro- vince of Manitoba, an ! “the judge” shall mean the judge of teat cour 31 |An Act respecting che duties of justices of the peace out of sessions, in relation to summary convictions and orders.—This Act shall not be in force in the Pro- vince of Manitoba until the first day of July in the present year, 1871, on and after which it shall bein force there, subject to the amend. nents made in chapter 36 of the same session, and tu those of 33 Vict., chapter 27. : ry An Act respecting the prompt and summery adminis- tration of justice in certain cases, 32 33 |An Act respecting the trial and punishment of juvenile offenders, Acts passedin he Third Session, 33 Victoria, 1870. 9 |An Act toam the Act respecting customs and in- D ACTS TO HAVE FORCE IN MANITOBA. et | CAP. TITLE. land revenue ; and to make certain provisions respecting vessels navigating the inland waters of Canada above Montreal.—This Act shall not ap- ply to Manitoba, except in so far only as it may be declared applicable thereto under sections 28 and 29 of chapter 3 of the same session. CANADA ACT, 34 VICT. CAP. XIV. An Act to extend to the Province of Manitoba certain of the criminal laws now in force in the other Provinces of the Dominion. ' [Assented to 14th April, 1871] Preamble, Her Majesty, by and with the consent of the Senate and House of Commons of Canada, enacts as follows: Sfoaundacs —_L. The following statutes of the Parliament of Canada, pass- be in force in ed in the session held-in the thirty-second and .thirty-third years of the reign of Her Most Gracious Majesty, are and each of them is hereby extended to and’ shall henceforth have the force and effect of law within the Province of Manitoba, save and except in so far only as any provision of the said statutes may therein be declared to be applicable to another Province only, that is to say : , Chapter eighteen, intituled “tn Act respectiny offences re- lateng to the coun ;” ‘Chapter nineteen, intituled “dn. Act respecting forgery ;” Chapter twenty, intituled “An * the session held in the thirty-second and thirty-third years of Her Majesty's reign, and intituled respectively, “An Act re- specting the prompt and summary administration of criminal justice in certain cases,” and “An Act respecting the trial and punishment of juvenile offenders,” is hereby repealed ; and the said Acts shall extend and apply to the Province of Mani-. toba as they would have done under the Act cited in the pre- amble, if they had been omitted from the said schedule “A,” subject to the provisions of this Act. I. Nothing in this Act shall be so construed as to give a This Act not retroactive effect to the Acts hereby extended to Manitoba, or *™°e°4¥e to any enactment or provision therein. IL. In the first mentioned of the two Acts hereby extend- Interpreta- ed to Manitoba, the expression “a competent magistrate,” and pressions in the expression “the magistrate” shall, with respect to the said oi nels Province, have the same meaning, and include the like func-*2: 8. tionaries and tribunals as with respect to the Provinces of Quebec and Ontario ; and in the secondly mentioned of the said two Acts, the expression “any two or more justices,” and the expression “the justices” shall, with respect to the Pro- vince of Manitoba, have the same meaning and include the like functionaries and tribunals as with respect to the said Provinces of Quebec and Ontario ; and the expression “the common gaol or other place of confinement,” in either of the said Acts,shall have the same meaning with respect to the said Province of Manitoba, as with vospect to the other Provinces mentioned in the said Act. ‘ fiv ‘Preamble. Act 32 and 33 Vict., o. 35, extended to Manitoba. Interpreta- tion clause. _ LAWS OF ASSINIBOIA. CANADA ACT, 38 VICT. CHAPTER LIV. An Act to extend to the Province of Manitoba the “Act for the more speedy trial, in certain cases, of persons charged with felonies and misdemeanors in the Provinces of Ontario and Quebec.” [Assented to 8th Apu, 1875.] Her Majesty, by and with the advice ard consent of the Senate and House of Commons of Canada, enacts as follows: I. The Act passed in the session held in the thirty-second and thirty-third years of Her Majesty’s reign, intituled : “An Act for the more speedy trial in certain cases of persons charg- ed with felonies and misdemeatiors, in the Provinces of On- tario and Quebec,” is hereby extended and shall apply to the Province of Manitoba, Ii. As respects the Province of Manitoba, the expression “a court of General sessions of the peace” in the said Act shall mean and include the court of Queen’s Bench of that Province, and the expression “the judge” shall mean “the chief justice” or “a puisne judge” of the said court of Queen’s Bench, and the expression “county attorney or clerk of the peace” shall mean the Prothonotary of the said court of Queen’s: Bench. LAWS OF ASSINIBOIA, PASSED BY THE GOVERNOR AND. COUNCIL OF ASSINIBOIA. [April 11, 1862] GENERAL PROVISIONS. I. All local enactments when not expressly intended farther, shall apply only to that part of the district of Assiniboia, which forms the Red River Settlement, and its environs. IL. Fines and forfeitures, when not otherwise appropriated, shall go to the public fund. IIL. Every resolution shall. be interpreted without regard to the distinction of gender or number. IV. Ifany person in any way encourage any violation of any local enactments, he shall be held to be as guilty as the . principal offender. LAWS OF ASSINIBOIA. V. Unless special regulation provide to the contrary, every wrong has its remedy under the general law of the country. I. All local regulations that were on record on the 13th March, 1862, are repealed. FIRES. IL. If any hay stack in the open plains shall be injured by a running fire, the owner shall not recover damages, unless such hay stack has been. protected, at a distance of at least twenty yards, by a ploughed or burned ring of at least eight feet wide. : IIL If, between the 3lst May and 1st December, any person shall kindle a fire intended to run, he shall be fined ten pounds, one-half to go tothe prosecutor ; and if any person without having obtained the presence’ and assistance of at least four men shall light a fire fur the purpose of burning the rings round hay stacks, as required by the preceding law, he shall be held to have incurred the penalty attached to this law : pro- vided that the bench may remit the whole fine, if the defen- dant has both kindled the fire through necessity, and done all in his power to prevent it from spreading. IV. If any fire in the open air, which is not intended to run, shall be left burning without due precautions, or be negligently allowed to spread, every person who may have.kindled or fed or used the same, shall be fined from five shillings to fifty shillings. ANIMALS. V. If one or more animals be found in an enclosure where damage has been done, the said damage shall be paid for by the owner or owners of such animal or animals found within the enclosure, if the owner of the enclosure ean prove them to ‘ be generally known in his neighborhood as fence breakers ; and the amount of the dama e shall be equally divided among each of the animals known as fence breakers, irrespective of the other animals found at the same time within the enclosure, but not known as fence breakers ; and each animal known as a fence breaker, and found within the enclosure, shall be kept in pledge till its owner pays its share of the damaye : provided that the owner of the enclosure can prove that the fence of said enclosure was of sufficient height, strength and closeness, and that the gate or gates of the enclosures were closed. VI. If any stallion sixteen months, or approaching two years old or upwards, be found at large, the owner shall be ‘ty avd o LAWS OF ASSINIBOIA. fined twenty shillings, half the fine to go to the captor of the stallion ; and the animal himself may be kept in pledge, till security for payment of the fine be given ; and during the time the animal is so kept the owner shall pay for his keep at the rate of 6d. per day. [Amended the 28th March, 1866.] A. If any stallion of sixteen months old or upwards, not licensed to run at large in the manner hereinafter mentioned, be found at large after the 20th day of April next, the owner shall be fined four pounds, one-half of which shall go to the captor of the horse ; and the horse himself may be kept in pledge till security be given for the payment of the fine ; and ‘for the keep of the horse the owner shall pay one shilling per day ; such license shall be issued yearly by the miagis- trates acting within their respective districts ; and it shall be lawful for any magistrate, acting as aforesaid, after consulta- tion with at least six of the neighboring settlers, regarding any horse on behalf of which a license shall have been applied for, and of which the magistrate shall approve, to grant. such license in the terms following :— A.B. is hereby permittcd to let a stallion, years old, run at large for this season. Red River Settlement, 167 Magistrate. _VIL If any ram be found at large between the 30th June and 1st November, such ram may be detained by any person till the owner pay two shillings and sixpence for the use of the captor of the ram ; and during the time the ram tay beso de- tained, the owner shall pay for the keep of the said ram at the rate of threepence per day. VIIL If between the 31st March and Ist November, any pig or pigs be found in any enclosed field without a yoke of one foot and a half wide, and one foot and a half in height, the owner of such pig or pigs shall not only be answerable for all damages committed by said pig or pigs, but shall also pay a fine of three shillings for the seizure of the same : further- more, if, after the owner of the pig or pigs has been warned by the proprietor of the enclosure to take his pig or pigs away, and he neglects to do so, in that case the proprietor of the en- closure may, after the lapse of six hours, shoot the said pig or pigs, and the owner:shall not recover any damage for this act ; and any person taking any pig or pigs according to this law, - LAWS OF ASSINIBOIA. shall be allowed 6d per diem each for. their maintenance, the same to be paid by the owner of the pig so taken. [Amended the 20th May, 1867. B. Article VIII, of the code of regulations of 11th April, 1862, repealed, and in place thereof, it is enacted : When any pig shall go beyond its owner's ground, the owner of the pig (over and above his liability for all actual damage by the trespass) shall be fined ten shillings, which fine shall be recoverable in the petty courts at the suit of the person upon whose ground the trespass has been committed : pro- vided, however, that in any case where a pig, trespassing as aforesaid, shall have broken out of its owner's enclosure, with- out any negligence on his part, and where, on being informed of the fact of the pig being out, the owner has immediately got it shut up again, he shall not be liable for the fine, but only for such damage as the pig shall have actually caused by the tres- pass. FISHING WEIRS. {30th May, 1865.) C. It shall be unlawful to erect any weirs or barriers in any part of the Red River or Assiniboine; and on receiving infor- mation of the existence of any such weiss or barriers, any ma- gistrate shall be, after the Ist July, and hereby is empowered to order any constable to remove the same. HAY CUTTING, [20th May, 1867. The 25th of July is permanently tixed for the commence- ment of hay cutting. HORSE-TAKING. IX. If any person takes another's horse to ride or drive with- out his consent, he shall be fined one. pound; half of the fine shall go to the informer: and he shall forfeit to the owner of the horse all such equipments of any description as he may have used in such riding or driving; and’if a horse so taken be injured or lost, the person who so took the horse shall in- demnify the owner to the full extent of the damage or loss. [Amended the 22nd Februry, 1866] The fine, as specified in the above article, shall be increased frofa one pound to two pounds. _. Wii Ivili LAWS OF ASSINIBOIA. If, without the authority of the owner of the animal, any person shall, from any part of the municipal district, bring, or cause to be brought into the settlement, and shall put er cause to be put into any enclosure, stable or byre, not belonging to the owner of the animal, any horse, mare, gelding, colt or filly, or shall knowingly keep it in his possession, or with his own band of horses, so as intentionally to deprive the owner of the use of the animal, such person shall, in addition to his liability to the owner for civil damages, be liable to a penalty of ten pounds —of which one-half shall belong to the informer prose- cuting the offender to conviction; and it is further resolved that the petty court shall have power to hear and decide all actions for the recovering of the penalty arising from the breach of this law. ‘ HAY. X. If any settler cut hay, behind the two-mile line before the first August, he shall forfeit the same or the value thereof. XI. Any exclusive privilege of cutting hay between the two- mile line and the four-mile line shall be forfeited for the season as soon as the party entitled shall cut hay beyond the four- mile line ; and at all events, all such exclusive privileges shall be thrown open to all after the fifteenth August, or two weeks after the commencement of hay cutting. XIL If any settler trespass wilfully in another's ground, he shall forfeit the proceeds whether in kind or in value, for the benefit and satisfaction of the party injured, without receiving any allowance for his labor; but, if he trespass in ignorance, he shall still forfeit as before, though not without compensation for his time. a ROADS, ETC. XIV. The main highway shall be two chains wide. XIV. Any other actual: thoroughfare may be repaired or improved as a public path, but not till all the parties interested in the soil shall have consented to leave unoccupied, from time to time, one uniform breadth, so as to provide against the en- croachments of the river, or any other similar influences. XV. Any person who may dig a hole through the entire thickness of the ice, or through any portion of it, shall from time to time mark the same at the point nearest to the actual ‘track with a pole at least six feet high ; otherwise he shall be liable to make good all injury which such pole might have been expected to prevent. ‘ \ XVI. Superintendents of public works shall be appdéinted in the different sections of the settlement;; and they shall be LAWS OF ASSINIBOLA. responsible to the Governor and council for the sums of money expended on public works, as well as for the state of the roads and bridges in their respective sections: the superintendents - shall publicly apply for tenders for all public works to be exe- cuted in their respective sections; and from amongst those who tender, ‘the superintendents shall select the fittest person to ex- ecute the work offered for :-— —~ (1.) White Horse Plains from the Sturgeon Creek upwards on both sides of the Assiniboine River; (2.) Lower Section —From St. Paul’s Church downwards on both sides of the Red River; (3.) Middle Section —From St. Paul’s Church upwards, on both sides of the Red River to St. John’s Cathedral, from thence to the Forks on the west side of the Red River, and from the Forks upwards on both sides of the Assiniboine River to Stur- geon Creek; (4) Upper Section.—From St. John’s Cathedral to the Forks on the east side of the Red River, and from thence upwards on both sides of the Red River. XVIL The following shall be the superintendents of public works : , (1.) White Horse Plain Section—Patrick Breland, with a salary of £20 yearly; , (2.) Lower Section —-Thomas Sinclair, with a salary of £25 yearly; (3.) Middle Section.—John Fraser, with a salary of £25 yearly; (4.) Upper Section.—Francois Bruneau, with a salary of £25 yearly. [80th April, 1867, D. In place of the existing four sections, the settlement shall be divided into the following ten, with superiztendents and salaries stated opposite to them, namely : (1.) From the Sturgeon Creek upwards on both sides of the Assiniboine, and from the forks upwards on the south side— Patrick Breland, £10; \ | (2.) From the Sturgeon (reek, including the bridge down to the upper end of Ross’s Bridge, west side of river—James McKay—no salary ; ix LAWS OF ASSINIBOIA. (3.) From the upper end of Ross’s bridge down to St. Paul’s church, west side—John Fraser, £10; , (4.) From St. Paul’s church to St. Andrew’s church, west side—Thomas Sinelair, £10; | (5.) From St. Andrew’s church to St. Peter’s church, west side—Donald Gunn, £10; . (6.) From St. Peter’s church to St. Andrew’s, east side—£5; (7.) From St. Andrew’s to St Paul's, east side—David Ban- nerman, £6; (8.) From St. Paul’s to German Creek, east side—William Henderson, £8; (9.)From German Creek to Marion’s Ferry, east side —Pierre Gladieux, £8; ‘ (10.) From the Forks to Point Coupee, west side—Norbert Laronee, £5; BIRSTON’S FERRY. _ [17th May, 1869.] E. A public ferry is established at the point on the river now occupied by Magnus: Birston, appointed to take charge of the said ferry ; but the tariff or rates of charge for crossing shall not exceed as follows, viz: For carts or light waggons, with the animal drawing them, * GACH ocgaden ent eran e Stee pea in aes ie tad week goa ae Digi eGeniie 2S ssaaain's eye sane oe pombe Be nod ae Seay 5d Light horszs, or other cattle, per head................... ld Hoot passengers; 6ach:, .4.95.has6% oe Pee eee wees gies weias ad THE INTOXICATING OF INDIANS. XVIILL If any person, without distinction of race, supply or sell to any person popularly known as an Indian, or any mem- ber of an Indian nation, the means of intoxication, he shall, on being convicted before a petty court, on the oath of one or more witnesses, be fined for each offence as follows: Two pounds for furnishing any brewing utensils, the fine to go to the informer ; Three pounds, for furnishing malt ; the fine to go to the in- former— LAWS OF ASSINIBOIA. Five pounds, for furnishing beer or any fermented liquor ; the fine to go to the informer— Ten pounds, for furnishing distilled spirits, or any other im- mediate cause of intoxication than fermented liquors : half the fine to go to the informer— In every case the offender, atter conviction, to be imprison- ed until the fine is paid. : XIX. In addition to these fines, the offender shall make re- stitution to the Indian of all the equivalent which he may have received, if any, for such furnishing—every part of such equivalent not being money itself, being valued for the pur- pose at prime cost. - 7 XX. If an intoxicated Indian commit or threaten to com- mit an unprovoked violence, he may be imprisoned, in addi- tion to any specific punishment, till he prosecute the person who may have been guilty in the matter. XXI. Ifany person possess, or have possessed, malt or beer or spirits, or any other of the above means of intoxication in the society or tent of any Indian, he shall be held guilty of furnishing such means of intoxication to Indians. LIQUOR LAWS. XXII. It shall be lawful for the ber.ch of magistrates of the peace and petty courts in their several districts assembled, on the first Monday of the month of June in each year, or at other times when they deem it expedient, to issue licenses, which will be in force till the first Monday in June, then next follow- ing, to approved applicants (who shall be land owners in the Settlement), allowing the sale by retail on their own premises of all spirits, wines and beer lawfully imported, or of native manufacture (all quantities of spirits under five gallons, all quantities of wine under one gallon, and all quantities of beer under eight gallons, shall be counted reta'l); the sum of ten pounds be paid fora license so issued for the sale by retail of beer alone ; and any person selling spirits, wine or beer by re- tail, without such license, shall, on conviction before a petty court, on the oath of one or more witnesses, for each offence, pay’ a fine of ten pounds sterling, and be imprisoned until the fine be paid—one-half the fine shall goto the informer,—and the form of the licenses shall be according to schedule A or B; any offence against the provisions of said license shall be paid by forfeiture of the same ; and in addition, in case of infraction of the provisions of said licenses as regards Indians, the: offender shall pay the special penalty for furnishing the means of intoxication to Indians. LAWS OF ASSINIBOIA, SCHEDULE A. This is to certify that you are hereby permitted to sell on your own premises any lawful spirits, in any quan- tity under five gallons ; wine in any quantity under one gal- lon, and beer in any quantity under eight gallons, to any person or persons, subject to the following restrictions :—not between the hours of nine o’clock at night and six o’clock in the morning ; not in.any hour during the Sabbath, nor to any intoxicated person ; never to.an Indian, or person popularly known as an Indian : any act contrary to the above restrictions shall make this your license void and of none effect ; and this license shall continue in force till the Monday in June now next following. SCHEDULE B. This is to certify that you are hereby per- mitted to sell, on your own premises, any quantity of beer under eight gallons, to any person or persons, subject to the following restrictions ---not between the hours of nine o’clock at night and six o’clock in the morning; not in any hour during the Sabbath ; not to any intoxicated person ; never to any Indian or person popularly known as an Indian : any act con- trary to the above restrictions shall make this your license void and of none effect ; and this license shall continue in force till the first Monday in June now next following. XXIII. Hach petty court, out of the fand arising from licen- -ses and penaities, shall defray any necessary expenses incurred ‘in enforcing the laws against the illegal sale of spirits, wines or beer, or the furnishing of the means of intoxication to In- dians—accounting to the Governor and council for all such.re- ceipts and expenditure. XXIV. No action shall lie for the recovery of penalties for: any breach of the laws for regulating the sale of intoxicating liquor, unless information shall have been given within six months after the commission of the offence. Liquor Laws Amended Leth day of January, 1805, I. Hereafter, liquor license far one year to approved appli- cants shall be issuable hy the authorities, and on the condi- tions specified in the 22nd section of the code of 11th April, 1862, in the first week of the months of June and of Decem- ber respectively, and at no other periods: persons wishing for a license shall be bound to lodge their application with the president of the bench of the proper district, not later than the coccccce: LAWS OF ASSINIBOIA. 15th of May or the 15th of November, and the president shall at least once during the interval between the date of the ap- plication and the meeting of the bench in June or December, give public notice on the doors of at least one of the churches of the district of such application having been made, and ot the day fixed for the final disposal of it by the bench ; but in every case where, on any ground whatsoever, the granting of the license is objected to by a majority of the householders in the neighborhood of the house where the license is intended to be used, the bench shall have no power to grant the license ; such majority of objectors, however, being bound to appear before the bench, and personally to object : for the purpose of this regulation, the word “householders,” shall mean the head of a family occupying a separate house; and the word “neigh- borhood,” shall mean the six nearest householders on each side of the house intended to be licensed : provided that, excepting, in as far as altered by the present. enactment, the said 22nd section of the present code, remains in full foree. Gt. [4th Janvary, E806] Hereafter, instead of objectors being obliged to appear per- sonally on one and the same day before the licensing bench, any person authorized by the present law shall, at any time during the interval between the application for the license and the disposal of it, be entitled to appear before the pyesident and intimate his objection as effectually as he could now do by a personal appearance on the day of disposal. H. [18th May docs] In granting licenses on the Ist of June, the magistrates in the several districts shall issue them for only the six months thereafter, for one half the present fees. Cs, [eth Vovenber, LS08.] Exeepting sections xxiii and xxiv of the printed local regu- lations of April 11th, 1862, and excemting also the rezulations against the “intoxicating of Indians’—which sre hereby de- clared to be retained in full force—all the existing “liquor laws” are hereby repealed, aad in plies thereof, it is enacted as follows, namely — 1 Excepting as regards the sale of spirits, wine or beer by im- porters or wholesale dealers, there shall hereafter be but one description of liquor license, which shall be issuable but once a year, as hereinafter mentioned ; and such license shall give the holder permission to manufacture spirits, wine and beer, and to sell the same in any quantity, under the restrictions contain- ed in the following schedule, showing the form in which the license shall be granted : ‘ Ixij 4 Ixiv LAWS OF ASSINIBOIA, SCHEDULE. - LIQUOR LICENSE. A. B., having paid ten pounds, is hereby licensed from this date to the first week day in December, 187 _, inclusive, to manufacture spirits, wine and beer, and to sell the same in any quantity under the following restrictions, namely :— (1.) He shall not sell to any person between the hours of ten at night and six in the morning ; (2.) Nor to any person, at any time during Sunday ; (3.) Nor at any time to any intoxicated person ; -(4.) Nor shall he at any time sell to any uncivilized or un- settled Indian, either directly to the Indian, or knowingly on the part of the seller indirectly to another, for the Indian ; (5.) All manufacturing and selling shall be confined to the premises for which this license is granted, namely, (here to Jollow specification of premises) ; (6.) The violation of any- of these restrictions, shall make this license null and void. Red River, December, 187 * C.D. Any proved breach of any of the conditions of the license shall cause the forfeiture of the same without any right ow the holder’s part to the restitution of any portion of the license fee ; and whenever the breach involves also the viola- tion of the laws against the intoxicating of Indians, the offen- der, besides losing his license, shall be iableto all such penalties as he shall have incurred under the said laws; but against any judgment of any petty court, ordaining such ‘forfeiture or im- posing such penalties, any aggrieved person may appeal to the next ensuing General court, on giving security for such penal- ties (in cases where any are imposed) as well as for the costs of the original action, and also on making the usual deposit of 20s. for entering the appeal ; but when an appeal is made, the petty court shall still have the power of suspending the li cense till the appeal is disposed of. Excepting in the case of a person making wine or beer for his own family use, and not for barter or sale, any person who shall manufacture or sell any spirits, wine or beer, without a license, shall, on conviction before a petty court, be liable to a fine of not less than five, and not more than ten, pounds for each oifence, and failing immediate payment of the fine, he LAWS OF ASSINIBOIA. shall be liable to imprisonment for a period of not less than five and not more than ten weeks: provided, however, that at any time during the period of imprisoment he shall be enti- tled to be discharged on paying the fine. But from any such conviction before any petty court any aggrieved person may appeal as aforesaid, on giving security for the fine and the costs of the original action, besides mak- ing the usual deposit of 20s. for entering the appeal. On payment of the sum of ten pounds, it shall be lawful for -the petty magistrates, in their several districts assembled on the first week day in December, but on no other day through- out the year, to grant liquor licenses, according to the fore- going form. And every applicant for a license shall be bound to lodge his application with the president of the bench of the proper district, not later than the fifteenth day cf November, specify- ing therein the premises for which the license is asked. And on the first Sunday thereafter, the president shall give public written notice at all the places of worship in his district, -and also in any other district in which any of the nearest neighbors reside, mentioning the names of the persons apply- ing for licenses, and specifying their premises, together with the day appointed for disposing of the applications. " But in the case of any such application, where the granting of a license is objected to by a majority of the householders of ‘the neighborhood of the house where the license is intended to be used, the bench shall have no power to grant the license, and such objectors shall, at any time between ‘hs dt _ the public notice and the day for disposing of ti. application, be entitled to intimate their objection either personally or in writing to the president of the bench, without, however, being bound to assign any reason for their objection. For the purposes of this regulation, the word “householder” shall mean the head of a family occupying a separate house; or, if occupying only part of a house, a tenant for not less than a year, and not being the hired servant of any applicant for a license. o And the word “neighborhood” shall mean the twelve house- holders, who, irrespective of district, are nearest to the house intended to be licensed. - In the case of any application whatsoever for a license, whether it be objected to or not by a majo. of the neigh- borhood, the bench shall have full discretion: : power to re- 2 lxv Ixvi LAWS OF ASSINIBOIA. fuse the license, whensoever, on grounds relating to the public interest, they think it would be improper to grant it. Any person may sue an offender for manufacturing or sell- ing without a license, and shall be entitled to half the fine actually recovered. Any person may also sue any license holder for the breach of his license, and where there is a fine besides a forfeiture of license, the prosecutor shall be entitled to half the fine actually recovered. No liquor license shall, on any conditions, be granted to any person intending to carry on the manfacture or the sale of spirits, wine or beer, on any part of what is known as the “Indian Reserve,” at the Indian settlement. WHOLESALE LICENSES. From and after the first week day in Deecember next, every wholesale dealer in spirits, wine or beer, shall pay £10 a year; and any person selling spirits, wine or beer by wholesale, without a license in the subjoined form, shall be liable to a penalty of £10 for each offence, to be recovered in the ‘same way as the penalties for the breach of the liquor laws ‘gen- erally. By the term “wholesale dealers” shall be understood a seller of spirits or wines in quantities at a time of not less than five gallons each; and of beer, in quantities at a time of not less than eight gallons. Such wholesale licenses shall be issuable by the benches of petty magistrates in their several districts, on the first week day in December, and on no other day, to persons applying to the president, either before or on that day; but in every case the magistrates shall have full discretionary power to grant or refuse the license. ' WHOLESALE LICENSE. C. D., having paid £10, is hereby licensed for one year from this date, to sell spirits and wine in quantities of not less at a time than five gallo 1s each ; and beer in quantities of not less at.a time than eight gallons. Red River, December, 187 LAWS OF ASSINIBOTA. Ixvii fAmended Dec, 17th, 18CS.] H. In all licenses granted in future for the manufacture and sale of spirits, wine and beer, instead of the words, “not to any person at any time during Sunday,” the words, “nor to any person at any time during Sunday, Christmas and Good Fri- day,” shall be used. CUSTOMS DUTIES. XXY. All goods imported into the district of Assiniboia, from any part of the British Dominions, or from any foreign country, shall be subject to a levy of four per cent. ad valorem duty, to be estimated at the price current of the original place of export, London or New York, etc, excepting such articles as shall be otherwise specified ; but the following shall be admitted free from customs duty, viz: C1.) All har iron and steel ; (2) All books and publications, whether iinported for use ex merchandine ; (3.) All scientific instruments ; (4) All agricultural machines and implements ; (3.) Ail bagease, all apparel and utensils that lave been or are ab present in use of the owners ; (6.)_ All seeds, roots or plants, tending to the faprovenent of agriculture ; 4 (7.) All stationery and school slates ; (8.) All goods, the bonu file property of British subjects en- tered at the time of import, as destined for’ parts not. within the district of Assiniboia ; (9.) All cases, boxes, barrels, bottles, or eloth covering, which contain goods or fluids of any description ; 10.) Monumental tablets or tonbstunes : (11.) All grindstones and stoves ; 7 (12.) All skins, peltries,* parchment, untanned leather. and all produce of the chase generally ; (13.) All goods gratuitously given, and oricinally desioned for the benefit of the Indian missions of Hunerts ot a ali wines imported for church service. Ixviti LAWS OF ASSINIBOTA. meee nee XXVI. There shall be four collectors of customs, residing sev- erally at each extreme and middle of the Settlement, and at White Horse Plains, whose residences shall be houses of clear- ance, a collector of customs shall have power to administer oaths, to search for and seize contraband goods and to prosecute defaulters, call constables and all loyal subjects of her Britannic Majesty to his aid; and all persons, not constables, so called upon, shall be paid by the coilector at the public expense as special constables extraordinary, say, ten shillings per diem ; a collector of customs shall have power to exact and receive payments of customs duty and to give receipts in discharge of the same; and he shall, twice in every month, pay into the hands of the Governor, who is e« officio Receiver-General, all revenues received by him, together with a list of the persons _ paying, and the value of the goods on which the duty has been paid ; and each collector shall, once every week, transmit to the next clearance house, a list of all clearances made by him; each collector shall, in addition to his salary, be entitled to one-fifth part of the proceeds of seizures he shall make or cause to be made. XXVII. Every person bringing goods liable to duty into the district of Assiniboia, whether owner, agent or conductor, shall be provided with an invoice or manifest, which shall com- bine with the name of the consignee, an accurate account of the quantity and prime cost value of any goods contained in any carriage, vehicle or vessel, or any conveyance whatsc ver, whether by land or water ; and this invoice or manifest shall be attested by the signature of the owner or hisrepresentative ; and, on arrival of the goods wi’ hin the settlement, the said in- voice ur manifest shall be pr. uced to the collector, at the first house of clearance, the goods may come to—otherwise the goods shall be liable to detention; ar? the collector may verify the accuracy of any ; )voice pr. to him by an oath adminis- tered to the party, or by — .....ation of the goods, opening packages ‘if. necessary ; and on being there-with satisfied he shall exact payment of the duty, or at his discretion accept a bond for the amount payable within a period of not more than three months, which bond may be sued for ind recovered the same as any other contract debt; and the co lector, on receiv- ing satisfaction for the duty as above defin., shall write on the back of the u..aifest the words “examined and _ passed,” attaching his signature and the date thereof; and this shall be held as a sufficient clearance; Le it observed that in any case where the want of manifest is or has been unavoidable, the collector may accept of the sworn declaration of the party as to the value of the goods, or otherwise satisfy himself of their value. XXVIII. Every <‘vner or importer or consignee of goods shall,within twenuy our hours of the arrival of such goods, ex- hibit his manifest “ot already cleared) to a collector of cus- LAWS OF ASSINIBOIA, toms ; and any owner, importer, or consignee of goods failing to do so, shall, in addition to the duty, forfeit a sum of not more than fifty pounds sterling, or less, at the discretion of the court—which penalty may be sued for and recovered in the same manner as a contract debt; and any package, or goods in bulk, not entered with any manifest, shall be seized as contra- “band and forfeited to the Queen, or to the Governor and coun- cil acting in her name; and in the event of any person refus- ing to show his invoice or manifest, or refusing to pay the duty, or to give a bond for the payment of the same, the collector shall be authorized to seize all his goods as contraband; and any person, making a false declaration under an oath adminis- tered by a collector, may be indicted for wilful perjury ; per- sons claiming exemption from duty because of their goods being destined for parts beyond the circle of Assiniboia, shall, as in the case of goods for home consumption, enter them at one of | the custom houses, as being in transit for their destination, and give a bond that the said goods will be duly carried and dis- posed of beyond the limits of the district of Assiniboia ; which oe will be for an amount equal to half the ‘prime cost of the goods so entered, and can only be cancelled by the certificate of a collector of customs, that the conditions of the bond have been fulfilled ; otherwise the amount of the bond will be for- feited, and shall be recoverable in the same manner as 2 con- tract debt. ~ XXIX. All goods liable to duty shall be held as contraband, if under the following circumstances they are unprotected by a, clearance : (L.) If they have been within the preiises of the proprietor or consignee for more than forty-eight hours ; (2.) If they have béen opened,.or in any way disposed of, or otherwise have passed from the original importer or consignee ; (3.) [f not being liable to duty because of their destination being beyond the bounds of the district, they shall have been opened or disposed of or in any way passed from the possession of the original importer or consignee within the bounds ‘of the district, without the knowlede and sanction of a collector of customs ; all such goods, unless otherwise provided for, shall be forfeited to the Queen, or to th: Governor and council acting in her name ; (4.) All goods so seized shail be deposited in the court house, and afterwards at authorized times be sold by public auction for the benefit of the revenue—saving expenses and the rights of the collectors. XXX. The duty of five shillings per gallon shall be imposed upon all fermented and spirituous liquors imported into the Ixx © LAWS OF ASSINIBOIA. ‘ settlement, except such as shall be proved to have been direct- ly imported from the United Kingdom by the consignee. XXXI. The following shall be the collectors of customs : William Dease, at Point Coupeé, with a salary of £20-per’ annum ; Roger Goulet, at Upper Fort Garry, with a salary of £35 per annum ; Patrick Breland, at White Horse Plains, with asalary of £20 per annum ; W. R. Sinith, at Lower Fort Garry. CUSTOMS DUTIES. L [4th June, 1862.] No wines or spirits (excepting for church services) shall be allowed to pass through the district of Assiniboia in bond ; but all wines and spirits entering the said district, shall bear the legal duty. [9th April, 1863] J. Instead of the omission to produce at the first house of clearance, nearest to which any imported goods shall pass; an invoice or manifest thereof, merely: subjecting such goods to the liability of being detained, a provision is substituted, in the present law, as stated in article twenty-seven ‘of the local code of eleventh April, 1862, to the effect’ that such omission subjects the owner ot the goods or his representative, to a penalty of not more than £50 sterling, or less, at the discretion of the court, to be sued for in the same manner as a contract debt ; and the first house of clearance shall be understood to mean that station nearest to which the goods, in being convey- ed to their destination by the most direct practicable route, would naturally pass ; the whole of the first section of the twenty-eighth article of the said code, being that section con- tained between the word “every” at the beginning of the same, and the word “contraband” as it occurs the second time in that section, is repealed, and in lieu of such-repealed section : every owner or importer or consignee of goods, at any time after the arrival of the same within the limits of Assiniboia, shall be bound to exhibit the invoice or manifest thereof to any collector of customs demanding it ; and every owner, im- porter or consignee of goods, immediately on the arrival there- of at their destination, shall, unless the goods have been already cleared, be bound to enter the same, and pay the duty to the collector at the custom house, nearest the same place of | destination ; and any importer, or owner, or consignee, neglect- LAWS OF ASSINIBOIA. ing to gomply with either of the foregoing provisions, shall, in addition to the duty, forfeit a sum of not more than fifty pounds sterling, or less, at the discretion of the court, which , penalty may be sued for and recovered in the same manner as a contract debt ; and any package of goods in bulk not enter- ed into any manifest, shall be seized as contraband, and for- feited to the Queen, or to the Governor and council acting in her name ; and in the event of any person refusing to pay the duty, or to give a bond for the payment of the same, the col- lector shall be authorized to seize all his goods as contraband. (15th July, 1864.] R. A tax of £15 sterling shall be levied on distilleries, which tax shall include a retail license. | [29th September, 1564.] L. All flour imported into the settlement, shall be duty free. RATE OF DUTIES ON SPIRITS. [30th May; 1865.] In place of the present rates, there shall be payable a-duty of one shilling per gallon. on all spirituous and fermented liquors ; and on all wines imported into the district of Assini- boia, from any part of the British Dominions, or from any foreign country—excepting always from such duty, all wines imported for church service. oc 4th January, 1866. bei Y N. All duties on wines and spirits, shall be payable im- mediately on entry. POLICE. XXXII. Efficient householders, not exceeding twelve in number, to remain in office for a term of three years from the ist September following the date of their appointment, shall be appointed constables on the last Thursday in each year by the magistrates, specially assembled for the purpose ; and every constable so appointed must take the following oath : “Iswear by God, as I shall answer to ‘God at the great day of Judgment, that I shall, till lawfully discharged from my office of constable, for the district of Assiniboia, be always ready atall hazards, to serve and execute all legal writs, and to maintain public peace and security ; and that I shall, to the utmost of my ability, obey all laws and all lawful authorities within and for the said district, and induce all others to obey the same, and that I shall do my best to become acquainted with all local regulations.” LAWS OF ASSINIBCIA,. XXXIIL For any neglect of duty, any constable may be suspended by any magistrate or petty court, or may be djs- missed by the General court, . XXXIV. Each constable shall. receive twelve pounds a year, to be paid half-yearly—except dismissed for neglect of duty, or pronounced after the ciose of his half year to have been de- servedly suspended, he shall receive only three shillings and sixpence for every day of actual service. POLICE, [21st Murch, 18651] N. In future no constable shall be at liberty to absent him - self from the settlement for more than,one night at a time, without express permission from the magistrate of the district to which he belongs. DEBTORS. XXXV. No immoveable property shall be sold without inti- mation made or posted previously on two successive Sundays at the door of every church in the settlement ; and in case the sale may have been effected without this intimation, the buyer. shall be responsible for the debts of the seller, to the amount of the true value of the immoveable property. XXXVI- Any creditor to the extent of not less than twenty shillings, on making oath before any justice of the peace to the correctness ot the debt, and to the fact of his belief in his debtor’s intention to proceed to a foreign country, or to a part of the country over which the civil jurisdiction of the courts of the settlement does not extend, may compel the said debtor to show grounds for expecting his return to the settlement within the same season as his departure, or to give sceurity for his appearance at the then next ensuing competent court ; or, failing both of these conditions, he -may apprehend and de- tain his person in the settlement, till then: and, from the operation of this law, every debtor who has contracted with the company or others to leave the settlement for a limited period, but who does not contemplate an unlimited absence from the settlement, shall be exempt, if his agreement has been published by the exhibition of his name in the company’s office, or jother public place, at least four days prior to the sitting of the last competent court, preceding the date of his intended departure ; and in no ease shall a debtor leaving the settlement in terms of an agreement, be liable to be detained for aebts which were contracted with third parties, after the date of the due publication of his agreement to leave the settlement for a limited period. , LAWS OF ASSINIBOIA. = XXXVII. In the case of a debtor who has left the settle- ment for an unlimited period, having property in the settle- ment, such property, or as much of the same as may be deem- ed equal to the amount of the claim, shall, at the discretion of any two justices, be liable, on the sworn application of a credi- tor, to be attached in the hands of any third party ; and fail- ing the debtor’s appearance before the said justices, after sum- mons by proclamation for three successive Sundays, on two of the Protestant and two of the Catholic church doors, the com- petent court may proceed to execute justice in the matter ac- cording to their discretion : provided, however, that no such attachment shall be issuable against the property of a person, who, although absent, can be proved to have publicly notified his intention of departure for ten days previous to the date of the same. . DEBTORS. (rd November, 1864.] O. Whereas doubts have arisen regarding the true meaning of the phrase “the same season,” as it occurs in the thirty-sixth section of the printed laws of Assiniboia, of 11th April, 1862, and it is desirable to remove such doubts, henceforward the aforesaid words “the same season” shall be held to mean a period of a twelvemonth immediately following the date of the debtor's expected departure from the settlement. INTESTATE ESTATES. XXXVHI. When any person has died without a written will, no individual shall intermeddle with the property till he has received letters of administration from the Governor of Assiniboia. P, [3ist Auyust, 1865; Tt shall be lawful for the General Quarterly court of the dis- trict to issue letters for the guardianship of minors residing in - the district, and by such letters to empower the guardians to take and have the care. of the persons, and the custody and management of the property of the minors for whom they are so appointed—subject always to.the supervision and control of the court ; every application for the appointment of guardians shall be made at one court, and the letters, when granted, shall only be issuable by the next ensuing court, for a fee of seven shillings and sixpence, payable to himself; the ‘clerk of the court shall record every such appointment and grant a certifi- cate of the same. : Q. [29th December, 1868.] In all cases of estates of intestates and minors where the appointment of administrators and guardians should take im- Ixxiii Ixxiv: = LAWS OF ASSINIBOIA. mediate effect, the presiding judge of the court may make such temporary appointments as he, in his discretion, may deem necessary for the protection of the interests concerned; but the rule is maintained requiring a quarter’s interval between Ye time of the application and that of the final issue of the etters. [29th November, 1866. The General Quarterly court shall be and is empowered to grant letters of administration in cases of intestates within the district of Assiniboia ; the application for such letters shall be made at one court, and the letters issuable only at the next ensuing court—public notice to all concerned being in the meantime given at the court house door of the fact of such application having been made; and for the letters of adminis- tration, when granted by authority of the court, the clerk of the court shall be entitled to a fee of seven shillings and six- pence from the applicants. MARRIAGE LICENSES. XXXIX. On payment of one pound a marriage license shall be issued by the Governor of Assiniboia to any applicant who may swear before him that neither himself nor his intended consort is already living in lawful wedlock—saving the rights, whatever they may be, of any ecclesiastical person in the pre- mises, XL, Any legally ordained Presbyterian minister laboring in the settlement may validly solemnize marriages in the district of Assiniboia; and all registers of marriages, baptisms and burials regularly kept by any legally ordained Presbyterian minister, shall be deemed legal and valid records. MARRIAGE LICENSES. R. [Addation, 29th Nov., 1866.] The fees hereafter receivable by the Governor of Assiniboia for marriage licenses, granted by him to members of the Pres- ' byterian community, will be handed over to the senior minis- ter of the Presbyterian church in behoof of that body. CONTRACTS FOR SERVICE. XLI. It shall not be lawful for any freighter or owner of any buat voyaging between Red River settlement and any other place, to embark any person as a boatman without first entering into a contract in writing, as nearly as may be, in the form of the schedule A, hereafter written, specifying what wages such person is to receive, in what capacity he is to serve’ LAWS OF ASSINIBOIA. the time of entering such service, the period of starting, and the post or place to which such voyage is to be made, and to be signed by every such boatman respectively, and attested by one witness, when both contracting parties can sign, ‘and by two witnesses, when one or both shallfbe unablejto sign their names ; the said contract to be distinctly and truly read to such boatman before signature. XLII. If any boatman, after having signed such agreement, but not otherwise, shall neglect or refuse to join the boat he has engaged to serve in, or shall refuse to proceed on the voyage agreed upon, or shall absent himself without leave, it shall be lawful for any justice of the peace, upon complaint being made on oath by the master or owner of such boat, who shall produce his contract, to apprehend the said boatman ; and in case such boatman cannot give any sufficient reason for such absence, refusal or neglect, the said justice, upon sufficient proof of such default, may commit the boatman to jail for any period not exceeding thirty days, unless such boatman shall agree to proceed on such voyage to the satisfaction of the com- plaining party: provided always that nothing contained here- in shall deprive.the master or owner of his legal recourse for the recovery of wages advanced to such boatman, nor deprive such boatman of the like recourse for wages due. XLITI. Public and sufficient notice shall be given of the day of starting, not less than fourteen days previously. SCHEDULE A. On agreement made, pursuant to a law of the Governor and council of Assiniboia, passed in the 21st year of the reign of Her Majesty Queen Victoria, between of Red River settlement, freighter, and the several persons whose names are subscribed hereto, it is agreed by and on the part of the said persons, and they severally agree hereby, to serve on board such boat or boats as may be hereafter designated in the several capacities against their respective names expressed, in a voyage frem Red River settlement to , and back to Red River settlement. And the said crew or crews further agree to conduct them- selves in an orderly, faithful, honest, careful and sober manner, and to be at all times diligent ini their respective duties and stations, and to be obedient to the lawful commands of the said freighter or his representative, in everything relating to the said boat, and the material, stores and cargo thereof, whether on board such boat or on shore. In consideration of which services, duly, honestly, carefully and faithfully per- formed, the said freighter doth hereby promise and agree to Ixxv bexvi, LAWS OF ASSINIBOIA. pay the said crew, by way of compensation or wages, the amount against their names respectively expressed. In witness whereof, the said parties have hereto subscribed their respective signatures mentioned : Time of departure] Salary. | Witness. Date of |Sign’ture | engagement| of man. Capacity. esi) SURVEYORS. XLIV. Messrs. Roger Goulet and Herbert L. Sabine shall be. surveyors for this settlement, without salary from] the public funds ; but they shall beentitled to be paid ten shillings per diem each, by any person who calls for their services. POSTAL. XLV. James Ross, Esquire, shall be postmaster in the mid- die section of the settlement, with a salary of ten pounds per annum ; and Thomas Sinclair, Esquire, shall be postmaster in the Lower Section, with a salary of six pounds per annum. XLVI. A mail shall be carried between this settlement and - Pembina at the public expense, in connection with the United States mail to Pembina; and the mail from the settlement shall be regulated so as to meet the United States mail at Pembina. XLVII. The charge for postage by the Red River mail from the settlement to Pembina, or from Pembina to the settlement, shall be as follows : (1.) Each letter under half-an-ounce, one penny, and one penny for each additional half-ounce ; (2.) Every magazine or review, twopence ; “ LAWS OF ASSINIBOIA. (3.) Every paper, one half-penny, except such papers goitig out as proceéd directly from the office of publication, and those which come in as exchanges, on which there shall be no charge ; (4.) Books, half-a-pound aiid wndet, fivepence; one pound, ninepence ; one pound and a half, one shilling; two pounds, one shilling and twopence, and for every additional half-pound, twopence ; (5.) All letters carried between the postoffices in the settle- ment shall bear a charge of one penny each. XLVITI. Letters that have lain in the postoffice one month uncalled for, shall be advertised, and if not applied for within a month after advertisement, shall be returned to distributing office ; and all letters so advertised shall bear a charge of three- pence each, to be defrayed by the individual receiving such letter, in addition to the regular postage. PREMIUM ON WOLVES’ HEADS. XLIX. A premium of five shillings for the head of every large, and of two shillings and sixpence for the head of every small, wolf killed within twenty miles of the settlement, shall be paid from the public funds ; but from this premium the sum of sixpence a head shall be retained for his own benefit by the official who distributes the premium to claimants. PREMIUM ON WOLVES’ HEADS. [Amended 29th December, 1868.] S. The Article XLIX. of the local enactments of April 11th, 1862, 1s Now repealed, and the payment from the public funds of premiums on wolves’ heads, is henceforth abolished. ADMINISTRATION OF JUSTICE. és L. Doctor Bird shall be coroner for the district of Assini- 01a, " LI. James Ross, Esquire, shall be sheriff for the same. James Ross, Esquire, shall be governor of the gaol, with a salary of thirty pounds a year. , LIT. The general court shall sit for the district of Assiniboia, with a jury,.on the third Thursday of February, and on the third Tuesday of May, on the third Thursday of August, and on third Thursday of November. 1 ise 2° Dexvili LAWS OF ASSINIBOIA, _ LIII. In place of the laws of England of the date of the Hudson’s Bay Company’s charter, the laws of Englatd of her Majesty’s accession, so far as they may be applicable to the condition of the colony, shall regulate the proceedings of the general court, till some higher authority or this council itself shall have expressly provided, either in whole or in part, te the contrary. LIV. Petty courts shall sit as follows: (1.) White Horse Plains section, from Sturgeon Creek up- wards, on both sides of the Assiniboine, on the second Monday of January and of March, on the first Monday of June, on the second Monday of July, of September, and ot. November, at Mr. P. Breland’s house ; (2.) Lower section, from St. John’s cathedral, downwards on! both sides of the Red River, on the fourth Monday of January, of March, of May, of July, of September, and of November, at Mr. Thomas Sinclair’s house ; (3.) Upper section, comprising all the rest of the settlement, on the third Monday of every month. at the court house: pro- vided, however, that any one of those petty courts may ad- journ itself over seed time and harvest. LY. The petty judges shali be as follows : First section—-Mr. Frangois Bruneau, president, with a salary of £12 a year; Mr. Paschal Breland, with a salary of £5 a year; Mr. John Taylor, with a salary of £5 a year; Mr. Pierre Falcon, with a salary of £5 a year; Second sectiun—-Mr. Thomas Sinclair, president, with a sal- ary of £8 a year; Mr. Donald Gunn, with a salary of £5 a year; Mr. John Inkster, witha salary of £5 a year ; Mr. Donald Murray, with a salary of £5 a year ; Third seetion—M:. Frangois Bruneau, with a salary of £16 a year; Mr. William Dease, with a salary of £10 a year; Mr. aA. Fiddler, with a salary of £5 a year; Mr A. G. B. Benna- tyne, with a salary of £5 a year. LVL Two petty judges and the president shall furm a quo- rum, the president voting only when the others have not decided by at least a plurality of votes. LVII. The petty courts shall take cognizance of all actions of debt, with the exception of questions of revenue, not exceed- ing five pounds; also of all petty offences which do not involve any other than a pecuniary fine of not more than forty shillings. sterling, with the exception of cases arising from breach of the liquor laws, or the laws regarding the furnishing to Indians of LAWS OF ASSINIBOTA, the means of intoxication ; in which cases the petty courts are specially competent to decide : provided, however, that where the debt exceeds two pounds, the losing party may appeal to the general court, giving security for costs. LVIIT. In any petty court, the original summons shall run only for its own section of the settlement ; but all other writs whatever shall run for the district of Assiniboia. LIX. If, in any suits originally brought before the general court, the bench, after verdict rendered against the defendant, shall unanimously decide that such suit ought to have gone before a petty court, the plaintiff shall in that case receive costs only as in such petty court. LX. In any court, either party to a civil action may be made the other’s witness. LXI. Every writ, including service of’ execution thereof within the 1ange of the settlement, shall cost one shilling. LXII. In a civil case the jurors shall receive two shillings and sixpence each, while all witnesses whatever shall have two shillings and sixpence a day each. LX. In every case entered for the general court, the plaintiff shat] deposit ten shillings, which, if the case comes on for trial, shall go towards the payment of the jury, but should the case not come to trial, the said deposit shall be forfeited, if the case has not been withdrawn at least eight full days pre- vious to the day on which the court sits; the sums thus for- feited shall go to form a fund from which each juryman sum- moned for the general court, who does not sit on a civil case, shall receive two shillings and sixpence for his attendance. \ LXIV. Any person who may be imprisoned in respect of any crime or of any penalty, shall daily receive one pound of flour and half a pound of pemmican, and water at discretion ; and no person may be imprisoned, or kept in prison at the suit of any creditor, unless he shall receive every week in ad- vance, a daily allowance of sixpence from such creditor. ADMINISTRATION OF JUSTICE, [Amend «I, 7th January, 1864] T. To remove all doubts as to the true construction of the 53rd. Article of the code of 11th April, 1862, the proceedings of the General court shall be regulated by the laws of England not only of the date of her present Majesty’s accession so far as they may apply to the condition of the Colony, but also by all such laws of England of subsequent date as may he appli- “buxix ‘Ixxx Preamble. \ LAWS OF ASSINIBOIA. ’ cable to the same; in other words, the proceedings, of the Gen- eral court shall be regulated by the casting laws of England for the time being, in as far as the same are known to the court, and are applicable to the condition of the Colony. [Srd November, 1864.] U. The sixty-first section of the printed laws of Assiniboia is repealed. For every writ in civil actions and in criminal prosecutions, not public, for the general court, there shall be payable to the magistrate issuing the same three shillings ‘and sixpence, and for any of the petty courts two shillings and sixpence, of _ which charges the sum of two shillings and sixpence in the former case, and of one and sixpence in the latter, shall be re- tained by the magistrates for the writ, and the other shilling in each case shall be paid by the magistrate to the constable serving it; and for such shilling the constable shall be bound to serve any writ within five miles of the residence of the magistrate from whom he received it, but for any distance he may be required to travel beyoni that in serving a writ, he shall, in addition to the shilling, be entitled to mileage, at the rate of twopence a mile; and all these fees shall be payable to a magistrate before issuing the writ; and every constable receiving a writ for service shall be bound either himself to serve it, with all due diligence, or immediately to put it imto the hands of some other constable, who in like manner shall be bound himself to serve it without delay ; but the General court shall be authorized to adopt such scale of fees, and‘such rules and forms of procedure as to the court itself may appear proper. EXECUTIVE OFFICER. LXV. Mr. William Robert Smith, with a salary of one hun- dred pounds a year, shal] discharge all such administrative ‘functions as may not be specially assigned to any other per- son. CONSOLIDATED STATUTES. An Act respecting the Consolidated Statutes of Manitoba. Whereas, in pursuance of 41 Victoria, chapter 3, the com- missioners appointed thereunder have reported the classifica- tion, revisioa and consslidation of the statutes of a general and permanent character of this Province, and within the jur- isdiction of the legislature thereof; and whereas, it is expedient to provide for the incorporation therewith of the public gener- & THE CONSOLIDATED STATUTES. Ixxxi al statutes passed during ite, session of 1879 and the session of 1880, respectively, and for printing and giving the force of law to the said classified, revised and consolidated statutes, including any public statutes of the sessions of 1879 and 1880, respectively, under the name of the “Consolidated statutes of Manitoba ;” therefore, Her Magzsty, by and with the advice and consent of the legislative assembly of Manitoba, enacts as follows : I, It shall be the duty of the commissioners appointed under Duty. on crgn” 41 Vict., cap. 8, to incorporate into the body of the consolida- : ted statutes of Manitoba the general statutes passed during the sessions of 1879 and 1880, respectively, along with all the other general Acts passed by the legislature of-Manitoba. 42 V.e9,s.1; 43 V.c 26,5. 1. Printed roli. II. A printed roll of the said consolidated statutes to be mark- ed Z, and attested as the roll of the said consolidated statutes of Manitoba, under the signature of His Honor the Lieutenant- Governor, and that of the clerk of the legislative assembly, shall be deposited in the office of the clerk of the legislative assem- bly. 42 V.c.9, 8 2. j jaqy . Lieutenant- ITI. The said commissioners shall cause the roll of the con- Rieutenant: | solidated statutes aforesaid to be printed and to be marked Z, ler Ot and to be attested as the roll aforesaid, by the signature there- Assembly to to or thereon of the Lieutenant-Governor and that of the clerk Sim Printed | of the legislative assembly ; and when so printed, marked and be deposited. attested as aforesaid, to be deposited in the office of the clerk of the legislative assembly, or elsewhere, as the Lieutenant- Governor in council may direct and appoint; and thenceforth and thereafter the said roll so printed, marked, attested and ani coll saad deposited as aforesaid, shall be and shall be held to be the al consolidat- original of the consolidated statutes of Manitoba: provided ae : eo always, that the marginal notes thereon, and the references to ee the statutes at the foot of the several sections in the several chapters thereof, and the headings indicating the subject mat- ter of which the statute treats, shall form no part of the said,’ consolidated statutes, but shall be held to have been inserted for convenience only, and may be omitted or corrected, if er- roneous by commission or omission. 42 V. ¢. 9,8. 3. IV. The said roll shall have attached to it a schedule letter- Benedole ed A, which shall contain in chronological order a list of therol. several Acts which have been revised and which are contain- . ed in the consolidated statutes ; and which, from and after the consolidated statutes shall come into force and operation, shall be and stand repealed ; and the said commissioners may attach to the said roll any other schedules which, in their judgment, F Ixxxii THE CONSOLIDATED STATUTES. may be advisable and expedient for reference, elucidation or explanation. 42 V.c9,s. 4. Wrenstatu- | -V. The Lieutenant-Governor in council, after such deposit effect as law. of the said roll; may, by proclamation, declare the day, on, from and after which the said roll and consolidated statutes therein contained, shall come into force and have effect as law, by the designation of “The consolidated statutes of Manito- ba.” 42 Vice98.5. cohatnie VI. On, from and after such day, the same:shall, according- sopeake? sly, come into force and effect as and by the designation of : “The consolidated statutes of Manitoba,” to all intents as though the same and every of them and every part thereof were and was expressly embodied in, enacted by, and formed part of an Act of.the legislature of this Province, and were and was by such Act directed to come into force and operation and to have effect on, from and after such day ; and on, from and after the same day, all the enactments and statutes mentioned in schedule “A” to the said roll, enacted or passed by the legislature of Manitoba, shall stand and be repealed, except the contrary thereof be expressed in the said schedule A. 42 V.c. 9,5. 6. ba ayia VII. The repeal of the enactments and statutes in the next mactments, : : ‘ : preceding section mentioned shall not revive any Act or pro- vision of law repealed by them or any of them; nor shall the said repeal prevent the operation of any saving clause in them or any of them, or the application of any provision therein contained or any provision of law formerly in force, to any transaction, matter or thing anterior to the said repeal, to which they or any of them would otherwise apply. 42 V. c. 9, 8. 7. Shalinot |, VIIL The repeal of the said enactments and statutes shall incertain not affect, in any manner whatsoever, any right, liability, re transaction, matter or thing whatsoever, originating, existing, had, made, done, completed, commenced, begun or pending at the time of such repeal; but every such right, liability, tran- saction, matter and thing, may and shall, both at law and in equity, remain, continue and exist as if no such repeal had taken place, and so far as nacessary may and shall be continu- ed, asserted, prosecuted, enforced and proceeded with, or op- posed, resisted, or defended, under the said consolidated statu- tes and laws having force in this Province, so far as they are applicable thereto, and subject to the provisions of the said consolidated statutes and the laws of this Province. 42 V.c. ra 9, s. 8. : Consolidated IX. The said consolidated statutes sha!l not be held to oper- Ee ee ate as new laws, but shall be construed and have effect as as new laws. g consolidation and as a declaration of the law as contained in THE CONSOLIDATED STATUTES. . Ixxxiii the several enactments and statutes so repealed, and for which the said consolidated statutes are substituted. 42 V.c. 9,8. 9. X. All officers appointed or holding office under and in pur- Officers : oie appointed suance of any of the provisions of the said repealed enact- under provi- maents and statutes, and all orders in council and Jawful regu- pealed sta- : : : tutes—order’ lations made or to be made in pursuance thereof, prior to and jp council. at the time when the said consolidated statutes shall come into operation, and the said enactments and statutes shall so become repealed as hereinbefore provided, shall be and con- tinue officers, and shall continue to be orders in council, and lawful regulations, under and in pursuance of the provisions of the said consolidated statutes substituted for the like or other provisions of the said repealed enactments and statutes, unless the contrary shall appear to be the express provision in the said consolidated statutes. 42 V ¢. 9,5. LO. ‘ XI. The various provisions in the consolidated statutes, cor- Various pro- responding to, and substituted for, the provisions of the enact- consolidated ments and statutes so repealed, shall, when they are the same ; in effect and intendment as those of the enactments and sta- tutes repealed, be held to operate, retrospectively and prospec- tively, and to have been passed, upon the days respectively, upon which the repealed enactments and statutes came into effect and operation. 42 V.c. 9,s. 11. XII. If upon any point, the provisions of the said consoli- Provisions. dated statutes are not in effect and legal intendment the same as those of the repealed enactments and statutes for which they are respectively substituted, then, as respects all transactions, matters and things, subsequent to the time when the consoli- dated statutes take effect, the provisions contained in them shall prevail; but, as respects all transactions, matters and things anterior to the said time, the provisions of the said re- pealed enactments and statutes shall prevail. 42 V. c. 9, 8. 12. XII. Any reference in any Act, in any instrument or doen- References. ment, to any enactment or statute so repealed, shall, after the consolidated statutes take effect, be held, as regard any subse- quent transaction, matter or thing, to be a reference to the enactments in the consolidated statutes having the same effect as the repealed Act or enactment. 42 V.c. 9,5. 13. XIV. The insertion of any Act in the said schedule A shal] Insertion of not be construed as a declaration that such Act or any part of setedule it was or was not in force at any time or immediately prior to #74 °8,00™" a coming into force of the said consolidated statutes. 42 V. c. 9,8. 14. XV. Copies of the said consolidated statutes, printed by thie Ospies of con ueen’s printer from the roll so to be deposited as aforesaid, tutes from the , Ixxxiv : THE CONSOLIDATED STATUTES. Toll tobe | shall be received as evidence of the said consolidated statutes, evidence. and shall have the same force and effect in all courts and places whatsoever, as would the said roll itself, were it pro- duced. 42 V.c. 9, 8. 15. Frinting and = XVI. The laws and reguiations relating to the printing and of copies to be distribution of copies of the statutes shall not apply to the in the discre- oye “gs ay . tion ofthe printing of the said roll, and to the printing and distribution clipes Samat 3 copies of the said consolidated statutes, but all and singular the premises in this section contained, shall be in the discre- tion of the Lieutenant-Governor in council. 42 V.c. 9, s. 16. Gacaswatwtes VIL. Any portion or part of the said consolidated statutes may be cited. may, in any Act or proceedings of the legislature, or in any in- strument, document or proceeding in any court, or in any tran- section by or between private persons, bodies corporate or po- litie, or otherwise howsoever, be lawfully cited or referred to by the chapter and section “of the consolidated statutes of Manitoba, respecting (adding the remainder of the tetle given _ at the beginning of the chapter)” or “chapter , division — , sect*on of the consolidated statutes of Manitoba,” or by men- tioning the short title of the Act as prescribed in the Act itself, giving the chapter and section, always using words showing that the citation is from “the consolidated statutes of Manitb- ba,” or in any other way or manner by means whereof the par- ticular enactment intended, by reference to the division into chapters, sections and parts, in the copies printed by the Queen’s printer, may, with reasonable certainty, be pointed out, and may be easily and readily turned to or tound. 42 V-. «9,817. : 41 Vie. THE CONSOLIDATED STATUTES. ‘ Ixxxv CAP. III. An Act to authorize the consolidation of the general statutes of the Province of Manitoba. [Assented to 2nd February, 1878.] Her Masesty, by and with the advice and consent of the Preamble. Legislative Assembly of Manitoba, enacts as follows : I. The Litutenant-Governor may apppoint a Commission to Ment-Gover- consolidate the original statutes of the Province, and such com- point a com- mission may be composed of not more than three commissioners and a secretary. IL. Any judge of the (ourt of Queen’s Bench for this Pro- gy indge of vince, with his own consent, may be appointed a commissioner. appointed. III. It shall be the duty of the commissioners to classify, Duties of revise, and consolidate.the statutes of a general and permanent siouers. character of this Province and within its jurisdiction, and in- cluding the dispositions, which may yet be in force, of the laws passed by the council of Assiniboia. \ IV. The commissioners may not, in such classification, re- fio vision, and consolidation, incorporate therein any statute or provision of statute which may be deemed not to be in force ; and any such omission of statutes 0) provisions of statute shall be especially mentioned by the commissioners in their report. £ ; Alteration in V. Any alteration may be made in the language of the con- ;Siteration in solidated statutes as may seem requisite by the commissioners be made to in order to preserve a uniform mode of expression, and so as form expree- to render any of the provisions thereof, simple, clear, and pre." cise: but the commissioners shall in no way whatsoever alter the meaning, nor the spirit, nor the legal effect of any such statutes, or provisions of statute. VI. The commissioners may suggest such amendments for Commission. | the better carrying out of any statute, within the authority of gest amend the Legislature, as may’seem advisable ; and such suggestions ™°"* shall not be made unless accompanied by a distinct statement of the reasons in support thereof. VII. It shall be the duty of the commissioners to report, Commission- from time to time, to the Lieutenant-Governor in council, the fen tane to results of their proceedings ; and the reports of such commis- Umetobieut.- sioners, when the work is completed, shall be laid before the Legislature. VIII. The expenses for the carrying out of this Act shall be fapentts og. defrayed out of the fund appropriated for contingencies. G Ixxxvi a THE CONSOLIDATED STATUTES. Al Vic. , : is Act oe ll ol IX. An account of any expenditure made ade lat Legislature. shall be laid before the Legislature as soon as may ¢ after. CONSOLIDATED STATUTES OF MANITOBA. FORM AND INTERPRETATION OF STATUTES. CHAPTER 1. An Act respecting the Form and Interpretation of Statutes. Short title, s. 1. . Form of enacting, ss. 2, 3. AMER OIE by Act of same Session, Time wi Commencement of Acts,s. 5. Interpretation and Rules of Construc- tion, ss. 6, 7. Law always speaking, s. Meaning of words and Dhrases—() * Shall’ and “‘ May,” (2). “ herein,” (3). ““Her Majesty,” “The Queen,” “The Crown,” &c¢., ‘ Lieut.- Governor,” &e. “ Lieut.-Governor in et Baio 2? &C., (6). “ United Kingdom, &c., (7). se Proclamation,” (8-9). Words—Singular and Plural, Males and Females, (10) “ Prison,’? (11). “ Writing or written, 12). “Now” or‘ oe (18). “ Month,” s Honey ti). “cr oO ath “ ee ‘(. “ Registrar” or “register,’’ (18). Pecuniary penaities, fis). coun &C., (20). i Staginta of appropriated eos (21). istrate,’? meaning of &c., (22). risonment—where, (! Power of Sppointment, power of dis- missal Orders to abt officer apply to his successor Offices held ee pleasure, (26). Privileges of Tneorporation (27). Forms—deviations, (28). Power to make by-laws, &c., implies po wer to revoke, &c., (29). Rights of Her Majesty not effected by Act, or ee e@ person’s rights by private Act, (30 Acts to be construed as reserving power to repeal or amendment, &c., (81). Effect of repeal of an Act as to officers and persons, (82). Effect generally of repeal of an Act, (33). After repeal of an Act andthe passing of anew Act for—of proceedings, &c., ( Rules and regulations made under Act subeeauently 3 repealed, (85). Appointments, b &e. -, under Act, subsequently Gepenied, not affected, (36) When Acts private—when public— when to be judicially noticed—evi- dence of Act, (87), ene partof ‘Act, (38). Nothing ins. 7to exclude any rule of construction applicable thereto and not inconsistent with the section, (39). Provisions of this Act to apply to the construction aperet: (40). Power of majorit; Ey Distribution of dee tea by Clerk of Legislative Assembly, s. 9. Duy of Queen’s Printer in respect of, Duty of. Provincial Secretary, s. ll. Surplus supplies, s. 12. Form of Statutes, s, 13. Repor 1 be made Ly Queen’s Printer, - s. 14. 2 Chap. 1. RULES OF CONSTRUCTION. Her Masesty, by and with the advice and consent of the ' Legislative Assembly of Manitoba, enacts as follows : I This Act may be cited as “ The Interpretation Act of Manitoba,” 34 V. c. 1,8. 15. FORM OF ENACTING. eta II. The following words may be inserted in the Preambles of Statutes, and shall indicate the authority by virtue of which they are passed: “ Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows,” 34 V. c. 1, s. 4. Sections to III. After the insertion of the words aforesaid, which shall eworde” follow the setting forth of the considerations or reasons upon which the statute is grounded, and which shall, with these con- siderationsor reasons, constitute the entire Preamble, the various clauses of the Statute shall follow in a concise and enunciative form. 34 V.c.1,5. 2. - ee quay IV. Any Act of the Legislature of Manitoba may be amended, duringthe altered or repealed by any Act tg be passed in the same session which it i thereof. 34 V.e. 1,8. 5. passed. COMMENCEMENT OF ACTS. Acts to bein: V. The Clerk of the Legislative Assembly shall endorse on clerkofthe every Act of the Legislature of Manitoba, immediately after Keele the title of such Act, the day, month and year when the same Commence. was by the Lieutenant-Governor assented to or reserved, and in date of as- ’ the latter case, the Clerk of the Legislative Assembly shall also ment endorse thereon the day, month, and year when the Lieutenant- ‘Governor has signified, either by speech or message to the Legislative Assembly, or by Proclamation, that the same was laid before the Governor-General in Council, and that the Governor-General in Council was pleased to assent to the same: and such indorsement shall be taken to be a part of such Act, and the date of such assent or signification, as the case may be, shall be the date of the commencement of the Act, if no later or other commencement be therein provided. 34 V. e1,s. 4 d RULES OF CONSTRUCTION, he interpre” VI. This section and the following sections of this Act, and’ aver te each provision thereof shall extend and apply to these Con- Statutesand solidated Statutes and to every Act of the Legislature of Man- dient Acts, itoba that shall be passed after the said Consolidated Statutes shall take effect, except in so far as the provisions thereof are inconsistent with the intent and object of such Act; or the interpretation which such provisions would give to any word, expression or clause is inconsistent with the context, and, ex- RULES OF CONSTRUCTION. Chay. 1. 3 ceptin so far as any provision thereof is in any such Act de- clared not applicable thereto : nor shall the omission in any Act of a declaration that the “Interpretation Act” shall apply thereto, be construed to prevent it so applying, although such exprees declaration may be inserted in some other Act or Acts of the same or any other session. 34 V.c. 1, s. 3, VII. Subject to the limitations in the preceding section of, this Act—in every Act to which this section applies ;— (1.) The law shall be considered as always speaking, and true intent of whenever any matter or thing is expressed in the present (aaa lel tense, the same is to be applied to the circumstances as they arise, so that effect may be given to each Act, and every part thereof according to its spirit, true intent and meaning; f (2.) The word “shall” shall be construed as imperative, and Distinction i ” Set Z “shall” and the word may as permissive ; “may.” 8.) Wherever the word “herein” is used in any section of an Application Act, it is to be understood to relate to the whole Act, and not ?)vo ., to that section only ; ry Taian 2 pa tt ( » Interpreta- (4.) The words “Her Majesty,” “the Queen,” or “the Crown,” (7 Utwords shall mean Her Majesty, Her Heirs and Successors, Sovereigns . Hey pe ® r of the United Kingdom of Great Britain’ and Ireland ; (5.) The words “Lieutenant-Governor,” shall mean the Licut- Of“ Lieuten- enant-Governor for the time being of Manitoba, or uther the or” chief Executive Officer or Administrator for the time being carrying on the Government of Manitoba, by whatever title he is designated ; (6.) The words “Lieutenant-Governor in Council,” shal] &fLieaten- mean the Lieutenant-Governor of Manitoba, or person adminis- in Gounaily tering the Government of Manitoba for the time being, acting by and. with the advice of the Executive Council of Manito. a; (7.) The words “the United Kingdom,” shall mean the United Of “ Unitea Kingdom of Great Britainand Ireland ; andthe words “the United Ain 8Gritea States,” shall mean the United States of America: and ene: bey ety and a ee 1 0 > gi CI general desig- y name commonly applied to any country, place, body, BaHees corporation, society, officer, functionary, person, party or thing, shall mean such country, place, body, corporation, so- ciety, officer, functionary, perso 5 n, party or thing, although ne name be not the formal and extended designs Non them: OFS (8.) The word “proclamation,” under the Great Sal; and the ex mean the Great Neal of Manitoba shall mean a proclamation Of“ procla- pression “Great Seal,” shal] mation” ana ; “ Great Seal;”” - 4 Chap. 1. RULES OF CONSTRUCTION. Proclamation (9.) When the Lieutenant-Governor is authorized to do any tobe under: act by a proclamation, such proclamation it is to be under- fdpunder au- stood to be a proclamation issued under an order of the Lieut- der in council. enant-Governor in Council; but it shall not be necessary that it be mentioned in the proclamation that it is issued under such order ; Plural toin- — (10.) Words importing the singular number or the masculine lar, andmas- gender only, shall include more persons, parties or things of culine,femi- £he same kind than one, and females as well as males, and the nine. converse ; eplerpretas (11.) The word “person” shall include any body corporate word, “per- or politic, or party, and the heirs, executors, administrators, or c other legal representatives of such person to whom the context can apply according to law ; Of writing.” (12.) The words “writing,” “written,” 01 any term of like "import, shall include words printed, painted, engraved, litho- graphed, or otherwise traced or copied ; Of “now” or (13.) The word “now” or “next” shall be construed as having ~ “next;” reference to the time when the Act was presented for the Royal Assent ; 7 of“month» (14) The word “month” shall mean a calendar month, and re ‘ 5 and“ years” the word “year” a calendar year and the number ot any year, shall, unless the contrary is indicated mean “the year of Our Lord,” without the mention of “the year of Our Lord” ; Of“holiday;” \ (15.) The word “holiday” shall include Sundays, New Year's Day, Good Friday, Easter Monday, Christmas Day, Epiphany, the Ascension, All Saints’ Day and the Immaculate Concep- tion ; the days appointed for the celebration of the birth-day of Her Majesty and of Her Royal Successors; and any day appointed by proclamation for a general Fast or Thanksgiv- ug ;} Bb? “OFT oath aa (16.) The word “oath,” shall be construed as meaning a so- ~ tion ;” lemn affirmation, whenever the context applies to any person c and case by whom and in which a solemn affirmation may be made, instead of an oath ; and in like cases the word “sworn,” shall include the word “affirmed”; and in every case where an -oath or affirmation is directed to be made before any person or “officer, such person or officer shall have full power and author- to administer the same and to certify its having been made ; ae (17.) The woid “sureties” shall mean sufficient sureties, and the word “security” shall mean sufficient security; and where these words are used, one person shall be sufficient therefor, unless otherwise expressly required ; ‘ Of “regis. uareor te (18) The word “Registrar” or “Register” in any Act, shall f t or RULES OF CONSTRUCTION. Chap. 1. mean and include indifferently Registrars and Registers and their deputies respectively ;' 19.) Whenever any pecuniary penalty, or any forfeiture, Pecuntary is ees for any nin eesuicn of any Act, then, if no other Bstecovercd” mode be prescribed for the recovery thereof, such penalty or Pyeivil ae forfeiture may be recoverable with costs by civil action or pro- ceeding at the suit of the Crown only, or of any private party, suing as well for the Crown as for himself, in any form of ac- tion allowed in such case by the law of this Province, before any court having jurisdiction to the amount of the penalty in cases of simple contract, upon the evidence of any one credible witness ; and if no other provision be made for the appropria- tion of such penalty or forfeiture, one-half thereof shall belong to the Crown, and the other half shall belong to the private plaintiff, if any there be ; and if there be none, the whole shall belong to the Crown ; (20.) Any duty, penalty, or sum of money, or the proceéds Penalties ete., of ce forfeiture inch is ty any Act given to the Crown, reventesre® shall, if no other provision be made respecting it, form part Provinee. of the revenue of this Province, and be accounted for and otherwise dealt with accordingly ; . (21.) If any sum of the public money be by any Act appro- Grpendiure | _priated for any purpose, or directed to be paid by the Lieuten- ea peene ant-Governor, then, if no other provision be made respecting it, such sum shall be payable under Warrant of the Lieutenant- Governor, directed to the Treasurer of the Province, out of the consolidated revenue fund of the Province ; and all persons entrusted with the expenditure of any such sum, or any part thereof, shall account for the same in such manner and form, with such vouchers, at such periods, and to such officers, as the Lieutenant-Governor may direct ; a] « 7 ”? Saree ia tae (22.) The word “magistrate,” shall mean a justice of the Interpreta- peace ; the words “two justices,” shall mean two or more words rane Justices of the peace, assembled or acting together: And if*(eSus-” anything is directed to be done by or before a magistrate, or a !¢*” Justice of the peace, or other public functionary or officer, it shall be done by or before one whose jurisdiction or power ex- tends to the place where such thing is to be done : And when- ever power is given to any person, officer, or functionary to do or to enforce the doing of any actor thing, all such powers shall be understood to be also given as are necessary to enable such person, officer, or functionary to do or enforce the doing of such act or thing ; (23.) If in any Act, any party is directed to be imprisoned I™PT!sot or committed to prison, such imprisonment or committal shall, OF GOR if no other place be mentioned or provided by law, be in or to this Province the common gaol of the locality in this Province in which the Zreher order for such imprisonment is made ; or if there be no com- ne 6 ‘Chap. 1. RULES OF CONSTRUCTION. mon gaol there, then in or to that common gaol in this Pro- vince which is nearest to such locality ; and the keeper of any such common gaol shall receive such person, and him safely keep and detain in such common gaol under his custody until discharged in due course of law, or bailed in cases ‘in which bail may by law be taken ; Power of ap- (24.) Words authorizing the appointment of any public tludes power “ticer or functionary, or any deputy; shall include the power of dismissal Of removing him, re-appointing, or 'appdinting another jin his stead, in the discretion of the authority in whom the power of appointment is vested ; fleomeerap, (25.) Words directing or empowering a public officer or Ply, io his sue- functionary to do any act or thing, or otherwise applying to him by his name or office, shall include his successors in such office, and his or their lawful deputy ; . pare ae (26.) All officers now appointed, or hereafter to be appoint- pleasure only. ed, by the Lieutenant-Governor in Council, whether by Com- mission or otherwise, shall remain in office during pleasure only ; Pilviceesof 27.) Words making any association, or nuiaber of persons tion. a corporation, or body politic and corporate, shall vest in such corporation power to sue and be sued, contract and be con- tracted with, by their corporate name, to have a common seal, and to alter or change the same at their pleasure, and to have perpetual succession and power to acquire- and hold personal property or movables for the purposes for which the corpora- tion is constituted, and to depart with or alienate the same at pleasure, and shall also vest in any majority of the members of the corporation, the power to bind the others by their acts, and shall exempt the individual members of the corporation from personal liability for its debts, or obligations, or acts— provided they do not contravene the provisions of the Act incorporating them ; Deviations | _(28.) Where forms are prescribed, deviations therefrom, hot not viliate affecting the substance, or calculated to mislead, shall not them. ck Ca vitiate them ; Power to “(a ; eG . 2 , i . . eorer G (29.) Where power to make by-laws, regulations rules ox confers power orders is conferred, it shall include the power to alter or revoke o alber whem the same, and make others if deemed expedient. i Her Majesty's 30.) No provision or enactment in any Act, shall affect in rights not af- ‘ js fected by any any manner or way whatsoever the rights of Her Majesty, Wate parbitrg Hev heirs or successors, unless it is expressly stated therein rights by pri- that Her Majesty shall le bound thereby; nor if such Act be of the nature of a private Act, shall it affect the rights of any person, or of any body politic, corporate or collegiate (such only excepted as are therein mentioned or referred to) ; S RULES OF CONSTRUCTION. Chap. 1. 7 (31.) Every Act shall be so construed as to reserve to the Acts tobe Legislature the power of repealing or amending it, and revok- yeserving ing, restricting or modifying. any power, privilege or advan-Pomon oy ony tage thereby vested in or grahted to any person or party or ete. corporation, whenever such repeal, amendment, revocation, restriction or modification is deemed by the Legislature to be required for the public good ; (32.) Where any Act is repealed, wholly or in part, and Repealota other provisions substituted, all officers, persons, bodies politic law dower or corporate, acting under the old Jaw, shall continue to act as 2nd persons. if appointed under the new law until others are appointed in their stead ; and all proceedings taken under the old law, shall be taken up and continued under the new law, when not in- consistent therewith; and all penalties and forfeitures may be recovered, and all proceedings had in relation to matters which have happened before the repeal, in the same manner as if the law were still in force, pursuing the new provisions as far as they can be adapted to the old law ; (33.) The repeal of an Act at any time, shall not affect any Repeglor am act done, or any right or rights of action existing, accruing, ee pechLYe accrued or established, or any proceedings commenced in a civil , cause before the time when such repeal shall take effect ; but the proceedings in such case shall be conformable, when heces- sary, to the repealing Act: . (34) No offence committed, and no penalty or forfeiture in- He°foe” curred, and no proceeding pénding under any Act at any time made con: | repealed, shall be affected by the repeal, except that the pro- new Act. ceedings shall be conformable, when necessary, to the repealing Act; and where any penalty, forfeiture or punishment shall have been mitigated by any of the provisions of the repealing Act, such provisions shall be extended and applied to any judgment to be pronounced after such repeal ; (35.) All rules and regulations made under any Act, before Rules to con- the repeal thereof, shall continue valid until altered or an-law repealed. nulled. (36.) All appointments and all bonds and securities given by Bonds not zt . 548 affected by the parties appointed to any place or position under any Act the repeal of at any time passed and repealed, shall not be affected thereby, *"* but remain in full force, unless otherwise provided ; and all offices, establishments, books, papers, and other things made or used under any repealed Act, shall continue as before the re- peal unless otherwise provided ; Bye ‘ : ‘ otherwise de- matter of the enactment, it is prima facie a private Act, or by See ake pitts express provision it is declared to be a private Act, shall belic Acts. ~~ deemed to be a public Act, and shall be judicially noticed by all judges, justices of the peace, and others, without being (37.) Every Act, unless from the nature of the subject- Giceptwnen Preamble part of Act; very Act to be liberally construed. Chap. 1. RULES OF CONSTRUCTION. specially pleaded ; and all copies of Acts, public or private, printed by the Queen’s Printer, shall be evidence of such Acts, and of their contents ; and every copy, purporting to be print- ed by the Queen’s Printer, shall be deemed to. be so printed, unless the contrary be shewn ; (38.) The preamble of every Act, shall be deemed a part thereof, inteaded to assist in éxplaining the purport and ob- ject of the Act ; and every Act and every provision or enact- ment thereof, shall be deemed remedial, whether its immediate purport be to direct the doing of anything which the Legisla- ture deems to be for the public good, or to prevent or punish - the doing of anything which it deems contrary to the public Acts may have special construction, Provisions of ‘ this Act ap- ply to this Act. Clerk of Leg- islative As- sewbly to farnish Queen’s ‘Printer with copy of Acts. Distribution of copies of Acts of the Legislature . by Queen’s Printer. good, and shall accordingly receive such fair, large and liberal construction and interpretation as will best insure the attain- ment of the object of the Act, and of such provision or enact- ment, according to its true intent, meaning and spirit ; (39). Nothing in this section shall exclude the application to any Act, of any rule of construction applicable thereto, and not inconsistent with this section, (40.) ‘Che provisions of this Act shall apply to the construc- tion hereof, and to the words and expressions used herein. 34 Y. ¢. 1, Sees. 6, 7.35 V. ec. 1, 8 1. VIII. When any act or thing is required to be done by more than two persons, a majority of them may do it. 34V.c¢. 1, 8. 8, ‘ DISTRIBUTION OF THE PRINTED STATUTES. IX. The Clerk of the Legislative Assembly shall furnish the Queen’s Printer with a certified copy of every Act of the Legislature of Manitoba, so soon as the same has received as- sent, or if any Bill has been reserved, so soon as the assent thereto has been proclaimed in this Province. 34 V.c. 1,58. 9. X. The Queen’s Printer shall, immediately after the close of each session of the Legislature, or so soon after as may be practicable, deliver or transmit by post or otherwise, in the most economical mode, the proper number of printed copies of the Acts of the Legislature (to be printed by him at the public expense), to the parties hereinafter mentioned ; that is to say : to the members of the Legislative Assembly respectively, such number of copies each as may from time to time be directed by any resolution of the said Legislative Assembly, or in default of such resolution, in such numbers as shall be directed by any order of the Lieutenant-Governor in Council, and to such pub- lic Departments,Administrative Bodies and Officers through- out the Dominion of Canada as may be specified in any such order, to be for that purpose from time to time made by the Lieutenant-Governor in Council: provided that when any 7 RULES OF CONSTRUCTION, Chap. 1. 9 Bill rec2ives assent during and before the termination of any Session of the Legislature, the Queen’s Printer shall, on inti- mation to that effect from the Provincial Secretary, cause dis- tribution to be made of such number of copies thereof to the same parties, and in like manner, as is hereinbefore provided in regard to the Acts of any session, 34 V.c.1,s. 10. XI. The Provincial Secretary shall, within fifteen days after List to be the close of each session of the Legislature, transmit to the Provincial” Queen’s Printer a list of all the public Departments, Adminis- 5°¢rétary. trative Bodies, and officers to whom such copies are to be transmitted, as aforesaid, and shall also, from time to time, as occasion requires, furnish him with copies of all Orders in Council made under the provisions of this Act. 34 V.¢.1,s, 11. XII. If, after the distribution of the said Acts, any copies Surplus sup- remain in the hands of the Queen’s Printer, he may deliver any ~~~ ‘number thereof to any person, ‘y order of the Lieutenant-Gov- ernor in Council, on notice thereof by the Provincial Secretary, or the members of the Legislative Assembly, on the order of the Speaker of the said Assembly. 34 V., ¢. 1,8. 12. XIII. The Statutes shall be printed in royal octavo form, on Statutes, in : : ' what form to fine paper, in small pica type, thirty-two ems by fifty-five ems, be printed. including marginal notes in minion, such notes referring to the year and chapter of previous Statutes, whenever the text amends, repeals or changes the enactments of former years ; and shall be half bound in cloth, with backs of white sheep- skin, and lettered ; and they shall be arranged for distribution in such manner, either, by the binding of the public general Acts and Acts of the local or private character, in separate volumes, or, by binding them together, in one and the same volume, with separate indexes, or otherwise, as the Lieutenant- Governor in Council may deem expedient. 34 V.,c. 1,s. 13. XIV. The Queen's Printer shall, before the opening of each Reportol Session of the Legislature, make a report in triplicate to the a Lieutenant-Governor (to be by him laid before the Legislature Queen’s within fifteen days after the opening of each Session), shewing*"""*" the number of copies of the Acts of each Session which have been printed and distributed by him since the last Session; and the Departments, Administrative Bodies, Officers and per- sons to whom the same have been distributed; the number of copies delivered to each, and under what authority; and the number of copies of the Acts of each Session then remaining in his hands; and containing also a detailed account of the expenses by him actually incurred in carrying this Act, in this respect into effect ; to the end that provision may be made for defraying the same, after such account has been duly audited and allowed. 34V.a1,3,14 ' 10 Chap. 2. BOUNDARIES OF THE PROVINCE. CHAPTER IL. An Act respecting the Boundaries of Manitoba, and the Di- visions thereof into Counties, BouNDARIES OF THE PROVINCE— ne at Marquette East shall consist, Boundaries may be increased. s. 1. Limits of Province may be altered by of what Marquette West shall con- Parliament of Canada, s. 2. sist, s. 8. Boundaries, s. 2. : Meaning of word “ parish,” s. 9. Proviso as to Eastern boundary,s 2.{ When sub-division of County may be DIVISION INTO COUNTIES FOB JUDICIAL set apart and how, s. 10. AND REGISTRATION PURPOSES— Books to Counties set apart, s. 11. Nanies of counties for judicial and} Registrar’s duties in certain cases, registration purposes, 8. 3. s, 12, Of what Selkirk shall consist, s. 4. Government to furnish new set of Of what Provencher shall cousist, s. 5. books, s. 13. Of what Lisgar shall consist, s. 6. Preamble. WHEREAS in and by the Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the session held in the 34th and 35th years of the reign of Her Majesty, Queen Victoria, entituled “An Act respecting the establishment of Provinces in the Dominion of Canada,” and which may be cited as the British North America Act, 1871, it is enacted that the Parliament of Canada may from time to time, with the consent of the Legislature of any Province of the said Dominion, increase the limits of any Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase of territory in relation to any Province affected thereby; and whereas, it is expedient and desirable that the boundaries of the Province of Manitoba should be increased upon terms and conditions of a just character : Her Masusty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows :— ; , Boundaries of |. The Legislature of Manitoba agrees and consents that the maybein- bounds of the Province may be increased and enlarged to such greased, eub- on extent as shall be enacted by the Parliament of Canada, Preiaatnre, 2nd on such terms and conditions as to the effect of such in- crease of territory with regard to an increase of the subsidy granted to the said Province, and with regard to other pur- poses and subjects, as may be provided by the said Parliament of Canada: provided always, that such increase of territory shall not take effect until such terms and conditions have been approved by the Legislature of Manitoba. 87 V. c.2,s. 1. Preamble. II. And whereas the boundaries of a Province of Mani- toba, as defined by the Act of Canada, commonly called “the ! BOUNDARIES OF THE PROVINCE. Chap. 2. 1 Manitoba Act,” and passed in the thirty-third year of Her Majesty's reign, have never been surveyed ; and whereas, in consequence of the uncertainty arising therefrom, questions of jurisdiction in civil and criminal matters may arise; and whereas, it is desirable to obviate such inconveniences by the temporary adoption of certain known and defined lines as the boundary of the Province ; and whereas under authority of the Act of the Parliament of the United Kingdom of Great Britain and Ireland passed in the session held in the 34th and 35th years of the reign of Her Majesty Queen Victoria, hereinbefore referred to and mentioned, the Parliament of of Canada, may, with the consent of the Legislature of any Province of the Dominion, alter the boundaries of any such Province ; THEREFORE, the Legislature of Manitoba agrees and Bis ay consents that the limits of the Province may be altered by the be altered by | Parliament of Canada, by the temporary establishment of cer- Canada. tain known and defined lines as the boundaries of the Province, in place and in stead of the boundaries established by the Act of Canada passed in the thirty-third year of Her Majesty’s reign, and chaptered three ; and the boundaries that may be so established, and which are hereby consented to, shall be as ‘follows : Commencing at the intersection of the International Boun ary, or forty-ninth parallel of north latitude, by the westerly boundary of township number one in the twelfth range west of the principal meridian in Manitoba, thence due north follow- ing the wasterly boundaries respectively of townships one and two, to the intersection thereof by the southerly limit of the road allowance on the first correction line, thence due west along the latter to the intersection thereof by the westerly limit of township three in the aforesaid twelfth range west ; thence cue north, following the westerly limits respectively of towuships three, four, five and six in the twelfth range, to the southerly limit of the road allowance on the second correction line ; thence westerly upon the latter to the intersection there- of by the westerly limit of township seven in the aforesaid twelfthrange ; thence due north upon the westerly limit respect- ively of townships seven, eight, nine and ten, to the southerly limit of the road allowance on the third correction line; thence due west along the latter to the intersection thereof by the westerly limit of township eleven in the said twelfth range west of the principal meridian; thence due north along the Description. westerly limit respectively of townships eleven, twelve, thir- teen and fourteen, to the southerly limit of the road allowance on the fourth correction line; thence westerly along the latter to the intersection thereof by the westerly limit’ of township fifteen in the said twelfth range west of the principal meri- dian ; thence due north along the westerly limit respectively of townships fifteen, sixteen and seventeen in the said twelfth range west, to the southerly limit of the road allowance, the northerly boundary of the said township number seventeen ; thence due east, following the said southerly limit of road allowance between townships seventeen and eighteen in the (_ Boundaries. 12 Proviso. Names of counties. Selkirk. Chap. 2. DIVISION INTO COUNTIES. system of Dominion lands surveys (the said lines crossing Lakes Manitoba and Winnipeg), to the easterly boundary of township seventeen in the tenth range east of the principal meridian ; , thence due south along the easterly boundary respectively of township seventeen, sixteen and fifteen, to the southerly limit of the road allowance on the fourth correction line ; thence due west along the latter to its intersection by the easterly limit of township fourteen in the aforesaid tenth range east; thence due south along the easterly limit respectively of townships fourteen, thirteen, twelve and eleven, to its intersection with the southerly limit of the road allowance on the third correction line ; thence due west along the latter to its intersection with the easterly limit of township ten in the said tenth range east ; thence due south along the easterly limit respectively of town- ships ten, nine, eight and seven, to the intersection thereof by the southerly limit of the road allowance on the second correc- tion line; thence due west along the latter to its intersection with the easterly limit of township six in the said tenth range east of the principal meridian; thence due south along the easterly limit respectively of townships six, five, four and three to the intersection thereof by the southerly limit of the road allowance on the first correction line; thence due west along the latter to its intersection with the easterly limit of township two in the said tenth range east ; thence due south along the easterly limit respectively of town- ships two and one, to the intersection thereof by the forty- ninth parallel of north latitude, or the International Boundary line aforesaid ; and thence due west, following upon the said forty-ninth parallel of north latitude, or the International Boundary line, to the place of beginning : provided always, that that portion of the eastern boundary of the Province hereby consented to be established which has not yet been surveyed, as also that portion of the northern boundary which has not been surveyed, shall be forthwith surveyed and mark- ed out on the ground by the proper authority of the Dominion of Canada, 40 V,¢ 2,8. 1. \ DIVISION INTO COUNTIES FOR JUDICIAL AND REGISTRATION PURPOSES. III. The Province of Manitoba shall be as heretofore divided into five counties which shall be named as at present: Selkirk, Provencher, Lisgar, Marquette East, and Marquette West ; and such counties shall be composed of sub-divisions of counties as hereinafter enacted, and shall be and exist as such counties for judicial, registration, and other purposes. 43 V.c. 10, s. 1. x IV. The County of Selkirk shall consist and comprise the following sub-divisions of county to wit : a. The sub-division of Seikirk consisting of townships 10, 11 and 12, ranges 1, 2, 3, 4,5, 6 and 7 East, whole or fractional, . DIVISION NTO COUNTIES. Chap. 2. 13 including the parishes of Headitty;ly, St. Charles, St. James, St. Boniface, St. John, Kildonan aia St. Paul, the City of Winnipeg and the Roman Catholic Chure property. b. And the sub-division of LaVerendrye, consisting of town- ships 7, 8, 9, 10,11 and 12, ranges 8, 9 and 10 East. 43 V.c. 10, s. 2. V. The County of Provencher shall consist and compftise the Provencher, following sub-divisions of county,to wit : a, The sub-division of Provencher consisting of townships Ts 8 aid 9, ranges 1, 2, 3, 4, 5,6 and 7 East, whole or fractional, and the parishes of St. Anne, Lorette, St. Vital, St. Norbert, and that part of the parish of St. Agathe, north of and includ- ing lot 529 on the west side of the river, and 530 on the east side of the river, in said parish. b. The sub-division of Morris, consisting of townships 1, 2, 3, 4, 5, and 6, ranges 1, 2,3 and 4 Hast, whole or fractional, and ranges 1 and 2 West, together with that part of the “Settle- ment Belt” between the International Boundary Line and the sub-division of Provencher, including also the Indian Reserve near the mouth of the Roseau river. 43 V.c. 10,8. ¢ c, And the sub-division of Arneau, consisting of townships 1, 2, 3, 4, 5 and 6, ranges 5, 6, 7, 8, 9 and 10 East. \ VI: The County of Lisgar shall consist and comprise the Lisgar. following sub-divisions of county, to wit: a. The sub-division of Lisgar, consisting of townships 13, 14, 15,16 and.17, ranges 1, 2, 3, 4, 5, 6 and 7 East, whole or fractional, and the parishes of St. Andrew’s, St. Clement’s and St. Peter’s, together with the Indian Reserves of St. Peter’s and Brokenhead river. | b. And the sub-division of Plessis, consisting of townships 13, 14, 15,16 and 17, ranges 8,9 and 10 East. 43 V.c. 10,5. 4 VII. The County of Marquette East shall consist and com- Marquette puise the following sub-divisions of county, to wit : HA: a. The sub-division of Marquette, consisting of townships 7, 8, 9, 10, 11, 12, 18, 14, 15, 16 and 17, ranges 1, 2, 3 and 4 West, whole or fractional, and the parishes of Baie St. Paul and St. Francois Xavier, together with the settlements of St. Laurent and Oak Point, and the fractional township 17, range 5 West. 6, And the sub-division of Dufferin, consisting of town- mi 1, 2, 3, 4, 5 and 6, ranges 3, 4, 5, 6,7 and 8 West. 43 V. c. 10,5. 5. 14 Marquette Weat. When sub- “ division of county set apart and how. Registrars of new counties to be provided with books. Chap. 2. DIVISION INTO COUNTIES. VIII. The County of Marqueete West shall consist and comprise the following sub-divisions of county, to wit: a. The sub-division of Portage, consisting of townships 7 7; 8, 9,10, 11, 12,18 and 14, ranges 5, 6, 7 and 8 West, and township 15, range 5 West, whole or fractional, together with the parishes of Poplar Point, High Bluff, Portage la Prairie a the Indian: Reserve in townships 9 and 10, range 8 est. 4 b. The sub-division of Westbourne, consisting of townships 13, 14, 15, 16 and 17, ranges 9, 10, 11 and 12 “West, and the fractional townships 16 and 17 in Tange 8 West. c, And the sub-division of. Norfolk, consisting of townships 7, 8, 9, 10, 11 and 12, ranges 9, 10, 11 and 12 West. d, And the sub-division of Mountain, consisting of town- ships 1, 2, 3, 4,5 and 6, ranges 9,10, ll and 12 West. 43 V. ec. 10, 8. 6. IX. When the word “parish” or “parishes” occurs in this Act, it shall be understood to include the outer two miles at- tached to the river lots. 43 V.c. 10, s. 7. X. As soon as any sub-division of county created by this Act shall contain five hundred ratepayers (the last: voters’ list to be taken as evidence thereof), then on a petition being pre- sented to the Lieutenant-Governor in Council affirming the expediency of the said sub-division of county being separated ‘from the county for judicial, registration, and other county purposes, the Lieutenant-Governor in Council may by procla- mation declare such sub-division of county a separate county as aforesaid, and appoint the necessary county officers, and do anything necessary to the establishment of said sub- division into a distinct county ; and any provisions contained in any | Act passed with reference to any right, privilege or immunity of any county in the Province, shall apply to such county, if applicable ; and. after all such sub-division or sub-divisions of county in any of the counties created by this Act shall have become a separate and distinct county or counties as aforesaid, the sub-division of the county wherein the county business was principally transacted shall also become a separate and distinct county ; and in such case the term “sub-division of county” shall cease and the term county shall be used in lieu thereof. 43 V.c. 10,8. 8. XI. Until the sub-divisions of county as provided in this Act shall contain the number of ratepayers as mentioned in section two, and be separate and distinct counties as aforesaid, the registrars of the counties as estabiished by this Act shall be provided. with a set of books for each sub-division of county comprised in their respective county, and therein record all DIVISION INTO COUNTIES. Chap. 2. instruments affecting lands in such sub-divisions. of ‘county ; and in the event of any sub-division of county becoming a separate and distinct county as aforesaid, the registrar of the county wherein such-division of county is comprised shall hand over to the new registrar appointed for the said sub- division of county the books and records belonging to such sub-division of county. 43 V.c. 10,8. 9. XII. On and after the passing of this Act no registrar shall having first obtained from the registrar or registrars of the county or counties as established by this Act certified copies, if any, of all instruments, (or the original instrument, if such are in his or their possession), registered im the registry office of such registrar or registrars, and affecting the lands situate in the county for which he is registrar under the provisions of this Act ; so that every registrar of this Province, by referring to his own registry books and to the certified copies of instru- ments (or to the original instruments) obtained from the regis- trar or registrars of other county or counties as aforesaid, may -be able to inscride in his new set of books for any of the sub- aivisions of county for which he may be registrar all the regis- tered instruments affecting the lands of any such sub-divisions of county ; and in making the inscription of those instruments it shall be the duty of every registrar to have them entered according to their respective date of registration, and thereafter to continue to inscribe according to law in such new set of books for each sub-division of county respectively, all instrn- ments duly prepared for reeistration, and to number all such instruments separately for each sub-division of county, and mention in the certificate of registration of all instruments which shall be registered after the passing of this Acts that the same shall be duly entered and registered ia the registry office for the county of in book of the sub-division of and so on, as provided by law. 43 V.,c.10,8.10. 18 Registrar’s . duty in cer- enter any documents in any of the new set of books before tain cases. XIIL. It shall not be necessary for the registrar to get a new Government book for the sub-division of county in which the county busi- ness 1s principally transacted, but to continue as heretofore to transcribe in his present registry books all other instruments affecting lands in such other sub-divisions of county: provided always, that the Government shall furnish ov caused to be fur- nished the new set or sets of books above referred to for the purpose of carrying out the provisions of this Act: provided, however, toat no fee shall be allowed said registrars for the aforesaid transcribing ; and the Lieutenant-Governor in Coun- cil immediately after the passing of this Act, shall caused the same to be published in the Oficial Gazette, and shall also cause to be furnished to each registrar a map of the Province 4nd map. showing the counties and sub-divisions of county as established by this Act. 43 V,¢10, s. 11. . : to furnish new set of books, ’ 16 Chap. 3. LEGISLATIVE ASSEMBLY. CHAPTER III. ; An Act respecting the Legislative Assembly and the represen- tation of the people therein. EXPLANATORY, &0.— Short title, s. 1. Ap: lication of Act, s. 2, Construction of words and phrases— The words “the Province,” s. 3, subs.1 The word ‘‘ owner,’ subs. 2. The word * occupant,” subs. 3. The’word “tenant,” subs. 4. The words (electoral division” subs. 5 The words “election officers,’ subs. 6. The words “executive council” subs. 7 The words “‘personal expenses” subs. 8 Forms indicated by capital letters,s. 4. Reference to sections, 8. 5. Time falling on Sunday or holiday, s. Persons to administer oath &c., with- out fee, s_7. ELECTORAL DIvisions— Electoral divisions—24, s. Electoral division No. rh Gladstone, 8. 9. Electoral division No. 2, Westbourne, leetoral division No. 3, Mountain, Electoral division No. 4, Burnside, 8 Electoral division No. ai Portage, s. i Hleotoral division No. 6, High Biug igetoral division No. 7, Dufferin or Electoral division No. 8, Dufferin South, s. 16. aisctoral division No. 9, Morris West, s. 17 Electoral division No. 10, Emerson, 8. 18, Electoral division No. 11, St. Agathe, 8.19 aera division No. 12, Verendrye, Hleerocal division No. 18, Cartier, s. 21. Electoral division No. li, St. Francois Xavier, s. 22. Electoral division No. 15, Baie St. Electoral division No. 16, Assiniboia, 8, 24, Electoral Givisiog. No. 17, Kildonan and St. Paul, s. 25. anes ins division No. 18, Winnipeg, 8. 26. ‘ Electoral division No. 19, St. Boniface, 8. « Electoral division No. 20, Springfield, 8. 28. Electoral division No. 21, St. Andrew’s East, s. 29. Electoral division No. 22, St.Andrew’s Wes rlectoral ‘division No. 28, Rockwood, See one division No. 24, Woodlands, Each electoral division to return one member, s. 83. Vormrs Lists— Present lists to be valid until super- seded, s. 34. EKaumerators to be appointed, s. 85. ‘What the lists shall contain, s. 36. Effect of lists, s. 36, Lists to be rev: ‘ised, ee where and by whom, 8. 37. Lists to be printed and sent by clerk, 8. 38. To whom and within what time s. 38. Clerk to certify lists in both languages, 8s. 39. en mastets and others to post ists, s. 40. - Notice to be by the clerk published i in newspaper, 8. 41. ony subject to revision by Judges, Notice of exceptions to lists—how and when to be given, s. Winnipeg included in the provisions of Act, s. 43. Manner in which its versie’ list is to be made, s. 43. Evidence relating to revision to be under oath, s. 44 In case no complaint made Judge to certify, s. 45. On revision witnesses may be sum- muned, s. 46. Judge may strike name off list for non-attiendance, s. 46. Judge to certify to changes made, s. 47. Lists to be transmitted to clerk of Executive Council, s. 47. Clerk to pay costs when érror céused by his default, s. 48. Penalty on clerk or other persons for default, s. 49. In absence ofclerk deputy to act, s. 50. Judges may appoint any day of the court for revision, s. 51. Clerk of Executive Council custodian of lists, § Clerk of Executive Council to give certified copies, s. Penalty for ee name to be insert- ed illegally, Penalty for Sealy qualifying te vote, Ss. 55. Penalty for alteration, s. 56. GENERL Provistons— Enumerator to accept office, s. 57. Penalty for refusing, s. 58. Penalty for refusing or neglecting duty, s. 59. Penaity on all ae for omitting or neglecting duty, s. QUALIFICATION OF ELECTORS— Entry on list, s.6l. Must be of male sex, s. 61. A subject of Her Majesty, s. 61. Not legally incapacitated, s. 61 Must be owner, tenant or occupant of real estate, &c.,s. 61. Two or more co-tenants allowed to vote, S. 63. If real estate owned by corporation members not to vote, s. 63. Persons entitled to vote, s. 64. Persons who can in no case vote, s. 65. arn on persons voting not enti- tled . LYGISLATIVE ELECTIONS— ; One fay only for general elections, 8. 66. pptienler elections,’s. 67. Writ shall mention day of nomi na- tion, s. 68, Nomination not on holiday, s. 69. New writ—when to issue, §. 70. Date and return of writ, 8. Writs of general election, 8. 72. LEGISLATIVE Day of polling—7 days after nomina- tion, s. 73. J If7th day, Sunday or holiday, s. 74. Address of writ, 8. 75. Form ot writ, s. 76. PROCEEDINGS ON RECEIPT OF WRIT— Endorsement by returning officer of date of receipt of writ, s. 77. Oath of returning officer, s. 78. Clerk of Executive Council to deliver writ and lists of voters to the re- turning Officer, s. 79. APPOINTMENT AND DUTIES OF ELEC- TION CLERK— The returning officer to appoint clerk, s. 80. Except where there is but one polling division, s. 80. Oath of Election Clerk, s. 81. Form of oath, &e.,s. 81. Substitution of new clerk, s. 82. When the clerk may act as returning ''_ Officer, s. 83. Besorning officer to hold poll, &c., s. eek may be several polling places, 8. 85. Sub-divisions for voting only to avail for the then election, but to be num- bered, s. 86. Polls—how established, s. 87. Effect of not holding a poll at the lace appointed, s. 87. ROCLAMATION ANNOUNCING ELEC- TION— Returning officer within 8 days after receipt of writ shall issue proclama- tion, s. 88. Form of and what to contain, s. 88. Where the nomination shall take place, s. 89, Hour of nomination, s. 90. Posting prociamation, s. 91. Change of nomination day, s. 92. NoMINATION OF CANDIDATES— Mode and manner of nomination, s. Signature of 12 electors, s. 94. Consent of candidate, s. 95. Filing of nomination papers, s. 96. _ Must be filed before nomination day, 8. 97. A eet of $25 with returning officer, 8 Application of money, s. 99. Recept of returning officer sufficient of the f: cts therein stated, s. 100. Form of nomination papers, s. 101. How the capacity and qualification of voters in the nomination papers established, s. 102. The consent of candidates how estab- lished, s. 103. If the nomination paper is produced by the candidate himself, what the returning officer shall require, s. 104. What the returning officer shall in- dorse on nomination paper, s. 105. If only one candidate is nominated, s. In such case duty of returning officer, 8. Report of proceedings, s. 108, Granting a poll, when, s. 109. List of candidates, s. 119. Candidate nominated may withdraw, s. Returning officer, duties of, s. 112. Elligibility of members to be elected or to sitor vote in Legislative As- sembly,s. 118. Penalty for sitting or voting without qualification, s. 114. PRELIMINARIES OF VOTING— Notices to be posted, s 115. Returning officer not to decide on list of voters, s DEPUTY RETURNING OFFICERS— Warrant appointing, s. 117. Form of, s. 117. ty ace dies or is incapacitated, s. 9 ASSEMBLY. Chap. 3. Oath of,s. 119. Deputy to be furnished with lists, s. If lists, &c., lost or destroyed, s. 121, PoLu CLERKS— Appointment of, s. 122. New poll clerk, when, s. 123. Oath of poll clerk, s. 124. form of, s. 124. Certificate of taking oath, s. 125. Duties of poll clerk, 1. 120. Replacing returning, or deputy re- turning officer, s. 127. Appointing clerk by new returning officer, s. 128. PROVISIONS APPLICABLE TO THE VARI- oUS ELECTION OFFICERS— whe shall not be election officers, s. Candidate cannot be one, s. 130, Penalty acting declared to be inelig- ible, 8. 131. Exemptions, s. 132. Any person intending to be a candi- date is exempt, s. 133. ‘Whoever exempt by 132 and 133 to de- ae exemption within two days, s. 4 Persons bound to accept, s. 135. Penalty for refusal or neglect, 136. Power to administer oaths, s. 137. Manner of giving notices, s. 138. _Who shall not act as agent, s. 139. Penalty for so doing, s. 139. Penalty on returning officer for wilful neglect or delay, s. 140. VorTine— Where, and the manner in which voting shall take place, s. 141, Pollto beopened at 9 o’clock, morn- ing, 8. 142. i Form of poll book, #, 148. Vote of no person to be taken not on list, s. 144. Returning officer to facilitate access to polls, s. 145. Elector to state his name, occupation and residence, s. 146. To ee oath ifrequired, form of oath, s. 146. Elector refusing to take oath, s. 147. Interpreter may be employed,s, 148. ercry to vote without undue delay, 8. a tf Elector exempt as a witness on poll- ing day,s. 130. Duty of clerk as to keeping poll book, s. lil. Duty of clerk at the close of poll, s. JS. When equality of votes is found to exist, 8. 153. At the close of poll boaks and papers to be transmitted to clerk of Execn- tive Council, s. 154. Returning officers and clerks at the close of the poll to take oath, s. 155: Duty of clerk of Executive Council thereupon, s, 156. Duty to keep papers and documents for at least two years, s. 157. What the clerk shall deliver on appli- , cation, s. 158. Also to publish in Gazette the name of the candidates elect, s. 159. GENEKAL PROVISIONS-— PEACE AND GooD ORDER — Errors and omissions not annuling election, s. 160. Wiitten authority required to act as agent, s. 161. . The candidate may himself be hisown agent, 8. 161. Returning officer and deputy conser- vaturs of the peace, s. 162. Justices, constables, &c., to aid and assist, Ss. 163. Eiatavere of the peace to be arrested, 8 Carrying arms forbidden, s, 165. No person to enter polling plac i arms, &¢c., 8. 166. g place with At 18 How Act cited. App f of Act. Interpreta- tion. f “The Provin- ce” this ‘'Pro- vince.’ Owner. Chap. 3. No one during polling day to have arms, &c., 167. : i Prohibition not to apply to returning} Officers, &c., 8. 168. Flags, banners, &c., prohibited, s. 169. Carrying all such prohibitéd, s. 170. Intoxicating drink, refreshments &c., &c.,s. 171. 5 Peay under six preceding sections,|. 8. 172. Selim or giving liquor forbidden, 8.17 Incase any poll book &c., be taken away or tampered with, 8. 174. Penalty for taking away any poll- book, &c.,.s. 175. 4 Penalty on persons using violence, &e., 8. 176. . Lieut.-Governor in Council may make tariff of fees, s. 177. MEANS OF PREVENTING CORRUPT PRAC- TICES AT ELECTIONS. Offences—what to be corrupt prac- tices, 8. 178. i Pemons deemed guilty of bribery, 8. 179. f Lawful expenses what ? s. 180. Persons guilty of bribery, s. 181. _ Bribery in relation to a candidate, s. 182. ame on the part of candidate, 8. li Waeers, s. 184. Penalty for bribery, s. 185. Treating by a candidate, s. 185. Treating by others, 8. 187. Undue influence, s. 188. Constraint, s. 189. 2 Penalty for false personation,s. 190. Conveyance of voters, 191. Hiring of vehicles, s. 192. Obligation to answer questions, s. 193. Loss of right to vote, 8. 194. Votes to be struck off, s. 195. Consequences of commission of cor- rupt practices by a candidate, s. 196. If corrupt practice is by agent, 8. 197. Engagement of persons already con- victed of corrupt practice, s. 198. EXPLANATORY. ' ayaa of persons so convicted, s. ° Cessation of incapacity, s. 200. Summons to a person appearing guilty, s. 201. Default in appearing, s. 202. Appearing, s. \e To who mpenalities belong, s. 204. ‘When no penalties imposed, s. 205. Disqualified to sit in Parliament of Canada, s. 206. ‘ Expénses paid by agent, s. 207. Agent’s name to be published, s. 208. New agents appointed. s, 209. All charges against candidate to be sent in within one month, s. 210. Excuses for delay, s. 211. Approval of accounts, s. 212. Statement of expenses within two . months, s. 213. Supplementary statement, s. 214. Publication of statements, s. 215. Penalty for failure in, &c.,s. 216. : Boanlty for inaccurate statements, 5. Accounts to be kept, 8. 218. GENERAL PROVISIONS RESPECTING PEN- ALTIES— Bene liabie to a penalty of $2000, s. Incitement to breach of Act, s. 220. Penalty incurred in addition to others, 8. 221. ; PROSECUTIONS FOR PENALTIES— ‘Who may sue, s. 222. Sufficient allegations, s. 223. Affidavit with preecipe for writ, 8. 224. General evidence sufficient, s. 225. Certificate of returning officer, s. 226. To oe the penalty shall belong, 8. 227. Costs, 8, 228, Limitation of action, s. 229. Intervention in action, s. 230. Imprisonment in default of payment, s. 23]. Distribution of this Act and instruc- tions, s. 232. Schedule of forms annexe d. -Her Masgsty by and with the advice and consent of the ‘ Legislative Assembly of Manitoba, enacts as follows : EXPLANATORY, J. This Act may be known and cited as “The Act respect- ing the Legislative Assembly.” 38 V.c. 2,8._1. Il. This Act shall apply not only to the Legislative Assem- bly but also to every election of every member thereof, wheth- er the same be held at the time of a general election or to fill a vacancy in the Legislative Assembly. 38 V.c. 2,s. 1. III. In interpreting this Act, unless it be otherwise pro- vided, or unless there be in the context something which indi- cates a different sense, or requires another \construction : , 1.) The words “the Province” or “this Province” mean the Province of Manitoba; and the words “ Legislative As- sembly,” mean the Legislative Assembly of Manitoba ; (2.) The word “owner” signifies proprietor in his own right ; EXPLANATORY. Chap. 3. 19 (3.) The word “occupant” signifies the person who occupies Occupant, immovable property otherwise than owner, but who enjoys the revenues and profits arising therefrom ; (4.) The word “tenant” means as well the person who pays Tenant. rent in money as the person who is obliged to give to the owner a certain part of the revenues and profits of the real estate which he occupies ; (5.) The words “electoral division” mean any place or por- Electoral divi- tion of this Province entitled to return a member of the Leg- islative Assembly ; (6.) The term “election officers” means the returning offi- Flection off- cer, the election clerk, and all deputy returning officers and =~ poll clerks appointed for an election ; (7.) The words “Executive Council” mean the Executive Executive Council of the Province of Manitoba, and the words “ Lieu- tenant-Governor ” mean Lieutenant-Governor in Council ; (8.) The term, “ personal expenses,” employed in relation to Pers mal ex- the expenditure of a candidate, in respect of any election in°’”~ which he is a candidate, means all the reasonable travelling expenses of such candidate, and his reasonable expenses at hotels and other places, to which he may repair, for the pur- poses of, and in regard of such election. 38 V.c¢. 2), 2. IV. Any form indicated by a capital letter, in the various eae provisions of this Act, refers to the corresponding form con- tained in the schedule annexed to, and forming part of, this Act, and any of the forms contained in such schedule shall be sufficient for which it is intended ; but any other form, having substantially the same meaning may be employed with equal effect. 38 V.c. 2.9.3. , V. Any reference to one or more sections indicated in the B" provisions of this Act, without mention of the Act or statute of which such sections form part, is a reference to the sections of this Act. 38 Via 2,5. 4 VI. If the time fixed by this Act for the accoinplishiaent of Bi | any proceeding or formality, prescribed by the provisions to thereof, expires or falls upon a Sunday or legal holiday, the ee. ie time so fixed shall be continued to the first day following not a Sunday or holiday. 38 V. « 2,5. 5. . VII. Every person before whom any oath must be taken orp. affirmation made, under the provisions of this Act, is empow- ay ered and shall be bound, whenever the same is required of him, # to administer such oath or affirmation, and to give a certifi- * cate thereof without fee or reward. 38 V. ec. 2,8. 6. 20 ‘24 electoral ‘divisions. Electoral di- ‘vision No. lor ‘Gladstone. No. 2o0r Westbourne. ‘No. 8o0r Mountain. No. 4 or Burnside. No. 5 or Portage. * No. 6 or High Bluff. No, 7 or Duf- ferin North. No. 8 or Duf- ferin South. \ No.9 or Mor- | ris W est. Chap. 3. ELECTORAL DIVISIONS. ELECTORAL DIVISIONS. VIII. There is and shall be twenty-four Electoral Divisions in Manitoba which, respectively, comprise and consist of, and shall comprise and consist of the parts and portions of the Province, hereinafter in the next following twenty-four sec- tions of this Act respectively described, mentioned and de- fihed. IX. Electoral Division No. 1, or Gladstone, shall comprise townships 9, 10, 11, 12, 13, 14, 15,16 and 17, ranges 11 and 12, west. 42 V.c. 18, 5. 1. X. Electoral Division No. 2, or Westbourne, shall comprise townships 9, 10, 11, 12, 13, 14, 15, 16 and 17, 1anges 9 and 10 west, including the parish of Westbourne and townships 16 and 17, range 8 west fractional. 42 V. c. 18, s. 2. XI. Electoral Division No. 3, or Mountain, shall comprise townships 1, 2, 3, 4, 5, 6, 7 and 8, ranges 9,10, 11 and 12, west. 42 V.c. 18, 8. 3. XI. Electoral Division No. 4, or Burnside, shall comprise townships 12, 13, 14 and 15, ranges 5, 6, 7 and 8 west, except that part of township 12, range 5 west, south of the river. 42V.c¢. 18, 8. 4 XIII. Electoral Division No. 5, or Portage, shall comprise townships 7, 8, 9,10 and 1], ranges 7 and 8 west, and the west half of township 11, range 6 west, together with the parish of Portage la Prairie. 42 Vc. 18, s. 5. XIV. Electoral Division No, 6, or High Bluff and Poplar Point, shall comprise townships 7, 8, 9, 10, ranges 5 and 6 west with townships 11 and that part of 12, south of the river, range 5 west, and the east half of 11, range 6 west, together with the parishes of High Bluffand Poplar Point. 42 V.c. 18, 8.6. — : XV. Electoral Division No, 7, or Dufferin North, shall com- prise the north half of the sub-division of County of Dufferin. 42 V.c. 18, 8. 7. XVI. Electoral Division No, 8, or Dufferin South, shall com- prise the south half of the sub-division of County of Dufferin. 42 V. ¢. 18,8. 8. XVII. Electoral Division No. 9, or Morris West, shall com- prise that part of the sub-division of County of Morris, including township 6, range 1 east, and that part of township 6, range 2 east, which is west of the river and also that portion of the parish of St. Agathe as far north as and including River lot , ELECTORAL DIVISIONS. Chap. 3. 21 No. 527 Dominion Lands Survey, west of Red River. 42 V. ce. 18, 8. 9. XVIIL. Electoral Division No. 10, or Emerson, shall com- wo, 10 or prise townships 1,2, and 3, ranges 3, 4, 5, 6, 7, 8, 9 and 10 east, Zmerson. with that part of the parish of Ste. Agathe as far north as and including lot No. 240 Dominion Lands Survey and that part of range 2 south ofthe north line of township 3, east of Red River. 42 V.c. 18,8. 10. XIX. Electoral Division No. 11, or Ste Agathe, shall com- No. 11 or st. prise that part of the parish of Ste. Agathe from and including 48° lot 242 and as far north as and including lot 528 Dominion Lands Survey, east of Red River, together with townships 4, 5 and 6, in that part of range 2 east, east of the river, and town- ships 4, 5 and 6, in ranges 3, 4, 5, 6, 7, 8,9 and 10 east. 42 V. e. 18,s. 11. ts XX. Electoral Division No. 12, or Verendrye, shall comprise No. 120r Ve- that part of the sub-division of County of Provencher, and the "e's parts of the parishes of St. Vital, St. Norbert and St. Agathe north of and including lot No. 530 Dominion Lands Survey, east of Red River, and townships 7, 8, 9, ranges 8, 9 and 10 east, including the parishes of Loretto and Ste. Anne. 42 V. c. 18, 8. 12. XXI. Electoral Division No. 13, or Cartier, shall comprise no. 13 or Car- that part of the sub-division of County of Provencher and the te™ part of the parishes of St. Vital, St. Norbert and St. Agathe \ north of and including lot No. 529 Dominion Lands Survey, Ll of Red River, and north ofthe second correction line. 42 .¢ 18, 8, 13. -XXII. Electoral Division No. 14, or St. Francois-Xavier, No. Mor St. shall comprise townships 7, 8, 9, 10, 11 and 12, ranges 1 and 2 ors west, together with the parishes of St. Frangois-Xavier East and St. Francois-Xavier West. 42 V.c. 18, s. 14 : XXIII. Electoral Division No. 15, or Baie St. Paul, shall wo. 15 or Baie comprise townships 7. 8, 9, 10, 11 and 12, ranges 3°and 4 west, St Paul. together with the parish of Baie St. Paul. 42 V.¢ 18, 8.15. XXIV. Electoral Division No. 16, or Assiniboia, shall com- yo, 16 or Assi- prise the parishes of Headinely, St. Charles, St. James and St, niboia. Boniface West, together wit township 10, ranges 1 and 2 east fractional. 42 V.e¢. 18, 8. 16. XXV. Electoral Division No. 17, or Kildonan and St. Paul, xo. yorkie shall comprise the portion of said parishes together with such donan. part of the parish of St. John’s not incorporated with the City of Winnipeg west of Red River with townships 11 [fractional] and 12, ranges 1, 2 and 3 east. ° 42 V.c. 18, 5. 17. 22 Chap. 3. ’ VOTERS’ LISTS. pipe. or'Win- =XXVI. Electoral Division No. 18, or Winnipeg, shall be iden- tical with the limits of the City of Winnipeg. 42.V.c. 18, s. 18. 1 No. i6or St. XXVII. Electoral Division No. 19, or St. Boniface, shall comprise the parish of St. Boniface East, with township 10, ‘range 4 east [fractional] 42 V.c. 18, s. 19. Seriaetoa, XVIIL Electoral Division No, 20, or Springfield, shall comprise townships 11 and 12, range 4 east, fractional, and townships 10, 11 and 12, ranges 5, 6, 7, 8, 9 and 10 east, with those parts of the parishes of Kildonan, St. Paul and St. John’s east of Red River. 42 V.c. 18,s. 20. No. alan St XXIX. Electoral Division No. 21, or St. Clements, shall East. * comprise that portion of the Parishes ‘of St. Andrew's South, St. Andrew’s North, St. Clement’s and St. Peter's, east of Red River, together with townships 13, 14, 15, 16 and 17, ranges 5 [fractional] 6, 7, 8, 9and 10 east. 42 ‘Vic. 18, 5, 21. No. 22 or St. XXX. Electoral Division No. 22, or St. Andrew’s, shall Wes.” — comprise those portions of the parishes of St. Andrew’s South, St. Andrew’s North, St. Clement’s and St. Peter’s, west of Red River, with east half of townships'13, 14, 15, 16 and 17, range 3 east, and townships 13, 14, 15, 16 and 17, range 4 east. 42 V. c. 18, s. 22. No. 24 oF XXXI. Electoral Division No. 23 or Rockwood, shall com- ‘wood. prise townships 13, 14, 15, 16 and 17, ranges 1 and 2 east, and west half of townships 13; 14, 15, 16 and 17, range 3 east. 42 V.c. 18, 8. 23. No. 24 or XXXII. Electoral Division No. 24 or Woodlands, shall com- Woodland. prise that part of the sub-division of county of Marquette north of the township line, north of township 12 and north of the Parish of Baie St. Paul and the eastern part of the Parish of Poplar Point. 42 V.c. 18,8. 24 Foregoingto XXXITI. Hach of the foregoing Electoral Divisions shall be ‘member. _— entitled to return one member to serve in the Legislative As- sembly of Manitoba: wherever the words “parish” or “pa- rishes” are used in the next preceding twenty-four sections of this Act, it and they is and are to be understood that such “parish” or “parishes” are to be taken as defined and laid down on the Dominion Lands Surveys Maps. 42 V. c. 18, ss 24 and 29. VOTERS’ LISTS. Janis to. besa XXXIV. The lists of electors in the several electoral divisions, perceded. as now compiled, revised and certified, shall be held and taken to be the electoral lists of the Province and of the several electoral divisions until the same are superceded by new or VOTERS’ LISTS. Chap. 3. 23 succeeding electoral lists which shall have been prepared and revised according to law. 38 V.c. 2, s. 12. XXXV. For each electoral division that ‘is not wholly 8 RRO municipality or wholly a part of a municipality, there shall be ed by Lt.-Gov. annually appointed by the Lieutenant-Governor one or more ™*® fit and competent person or persons to be enumerator or enumerators, whose duty it shall be, after being duly sworn spel before a justice of the peace to the faithful performance of merator. such duty, to compile a list of the electors of the electoral divi- sion for which he or they is or are appointed ; which list shall be in accordance with form A in the schedule to this Act, and to compile and complete such list between the thirtieth day of November and the thirty-first day of December in each year, and within ten days after the last mentioned day to deliver ‘ such list, duly certified, to the clerk of the county court respec- tively within the jurisdiction of which the territorial limits or parts of it is or are situate : provided that for each elec- toral division that is wholly a municipality or wholly a part of a municipality, the assessment roll then in force in such municipality for local purposes shall serve from which to copy and make the list of electors qualifiedunder this Act, in so far as the municipality is concerned, and the services of the* enumerator in respect of the municipality may be dispensed ‘with, but such list shall be compiled by the municipal clerk in accordance with form A aforesaid and be delivered to the said clerk of the county court, on or before the tenth day of Feb- ruary ineach year. 38'V.c. 2.5.13; 39 V.c. 13,8. 12. XXXVI. The lists shall contain the names, neatly written What the lists or printed, or partly written and partly printed, of all the voters in each electoral division, in alphabetical order ; and such lists, when revised, shall be the lists respectively of the said electoral division, of the persons entitled to vote for the election of members of the Legislative Assembly of Manitoba. 388 V.c.9,8.4;40 Vi.c2,8.13. © XXXVI. The lists for those electoral divisions, or parts of Listytobe re- electoral divisions comprised in ‘the respective counties of whom and Selkirk, Provencher, Lisgar, Marquette East and Marquette” sae West, shall be revised by and before the presiding judge and the officers of the county court, at the sittings of the county court in those counties respectively—in the county of Selkirk in the month of April, and in the counties of Provencher, Lisgar, Marquette East and Marquette west in the month of May ineach year. 38 V.c. 2,8.14; 40 V.c.9,8. 1. XXXVIIL. It shall be the duty of the clerk in each county Clerk of coun- court, at least within thirty days previous to the holding of 3,°ourtto,. the county court as a revision court for the purposes of. this Votersprintea mi ca a : and transmit Act, to cause a sufficient number of copies of the lists of the to justices of electors of each electoral division or part thereof within the ‘2° P°% &* jurisdiction of the court to be printed, and shall cause one of 24 Chap. 3. VOTERS’ LISTS. such printed copies to be posted up and,to be kept posted. up in some conspicuous place in his office, and, shall forthwith also deliver or transmit by registered letter, two of such copies into each electoral division respectively, to. the following per- sons that is to say : . Every justice of the peace ; Every teacher of a public school in a school district ; Every postmaster in the electoral division ; i The sheriff or deputy-sheriff, if resident therein ; The registrar in the county or division of county ; The member of the Legislative Assembly of each . electoral division lying in the county or division of county. The unsuccessful candidate or candidates (as the case may be) for whom votes were given at the then last general or other election in the electoral division for the Legislative As- sembly respectively. 38 V.c. 2,8. 15. Clerk to certi- eT, 4 Bide aa . fylistein both =X SIX. Upon each of the copies so posted up or sent to each languages ex- person, shall be a printed or written certificate in both langua- quette West ges, except in the counties of Marquette West and Lisgar, and Lisgar. over the names of the clerk, stating that such list is a correct list of all persons appearing by the lists of persons furnished him by the enumerators and the municipal clerks entitled to vote at elections for members of the Legislative Assembly, and also calling upon all electors to examine the said list, and if any omissions or errors are perceived therein to take necessary proceedings to have the said omission supplied or error cor- rected according to law and further stating the day and hour and place of the holding of the next county court as a revis- ion court, in the manner prescribed in the form B in the schedule to this Act. 38 V.c. 2.8.16; 41 V.c. 5,5. 3, Schoolmas- XL, Every public teacher, every postmaster, the sheriff or erm deputy sheriff, the registrar and other persons mentioned in section 88 shall respectively and immediately upon the receipt of such electoral lists as aforesaid, cause one of them to be posted up, and to be kept posted up in a conspicuous place in his office or school house (as the case may be) or elsewhere, in some public place. 38 V.c. 2, s. 17. Clerk to give XLT. The clerk of the county court shall forthwith cause notice of post- a A 6 = ing and time to be inserted in some newspaper published in the county or it steein in the town next thereto a notice in both languages, signed by newspaper. him, stating the date of the first posting up of the said lists in his office, and of the transmission of said lists to persons as required by this Act, and as to the holding of the next revis- ion court, ete.: one insertion of such notice shall be sufficient. 38 V.c. 2,8. 18. iets ofc” «© XLII, The said lists of voters shall be subject to revision to revision by at the times and places and in the manner set forth in this county “wee Act: and any elector or person entitled to vote, whose name has been omitted from the list, or wrongly stated therein, may, VOTERS’ LISTS, Chap. 3. 25 on giving ten days’ notice in writing to the clerk of the county court, or such shorter notice as to the judge may seem reason- able, appear before the said court and apply for the insertion or correction, as the case may be, of his name on the list: and lot on which he qualifies: provided however, that’ it shall be lawful for any elector or person entitled to vote to appear by his agent, and the court shall otherwise deal with the case as if the said applicant were personally attending: provided also that any elector or person entitled to vote, may on giving ten days’ notice in writing to the clerk of the county court or such shorter notice in writing as the judge shall think reasonable, appear before the said court an? apply for the adding to or striking off from the list of such names of persons mentioned in his notice who are or are not entitled to vote, and the clerk of the court shall forthwith after receipt of any such notice post up the same in his office: provided always that it shall Proviso, be competent to the judge in a proper case on application with- out any previous notice, to correct any error or supply any omission in the said list: and upon such revision the assess- ment roll, if any exist, shall not be conclusive evidence of itself with regard to any particular; and the decision of the judge under this Act shall in all cases be final. 38 V.c. 2,5.41; ce. 5,8. 3. ‘ XLIII. The fourth section of the Act passed in the fortieth ee ke year of Her Majesty’s reign, intitulated: An Act to annend Act respect. the amended Act respecting the incorporation of the city of tion of Winni- Winnipeg, shall apply to the qualification requisite to be anfoeiieey elector in municipal matters within the said incorporated city; Hon im the and the qualifications requisite to be a Legislative elector in the said city of Winnipeg, or electoral division No. 18, winnipeg in shall be the same as those required to be a Legislative elector in fnhesPscts any other electoral division ;,and the assessment roll for the theprovisi- time being in force for such city of Winnipeg last revised ; Act. shall serve to make the list of electors qualified under this Act; and the services of an enumerator may be dispensed with; and such list shall be compiled by the city clerk in List may be accordance with form A in schedule to this Act, and be de-city Clerk, > livered to the clerk of the county court on or before the tenth bariamente. day of February in each year; and such list shall, when‘ lctors revised as herein provided, be the list of Legislative electors for such electoral division. 41 V.c5,54 — _ XLIV. The evidence relating to the revision of the electoral eee or lists shall be under oath; and the clerk of the county court, Under oath. under the direction of the judge, shall nrake, and keep in his office, notes of the proceedings of the said court or judge in Dont be werk regard to the said revision. 38 V. c. 2, s. 20. XLV. In case no complaint respecting such list is made in ote ates pursuance of this Act, and no errors or omissions are made to andes 16 eer: appear, the clerk of the county court shall at the sittings of nee the court aforesaid apply to the judge to certify one copy of 26 Persons may summon wit- Chap. 3. VOTERS’ LISTS. each list as the revised list of electors for each electoral divi- sion respectively, or part thereof lying within the jurisdiction of the county court ; and a duplicate of such list shall be re- tained by the clerk, to be kept by him among the records of his office ; and the copies so certified by the judge shall be de- livered forthwith by the clerk of the court to the clerk of the Executive Council. 38 V..c. 2, 8, 21. XLVI. Any party may obtain from the county clerk a nesses tended subpoena requiring the attendance at the court for hearing necessary. Judge may strike name off list for non-attend- ance. Judge to cer- tify to chan- es, etc., in 1st. Lists trans- mitted to clerk of Ex. Council. Clerk to pay costs when error. Penalty clerk complaints as aforesaid, at the time mentioned in such sub- poena, of a witness residing or served with such subpcena in any part of this Province ; and the witness shall obey such subpeena, provided the allowance for his expenses according to the scale allowed in county courts is tendered to him at the time of service thereof; and any person complaining, or any person in res;ect of the insertion or omission of whose name a complaint is made, shall, if resident within this Province, upon being served with a subpoena in manner aforesaid obey the same without being tendered or paid any allowance for his expenses ; if any person, whose right to be a voter, is the sub- ject of inquiry, do not attend in obedience to such subpcena, the judge may, if he thinks fit, on the ground of the non-at- tendance of such person, strike his name off the list of electors, or refuse to place his name on the said list,as the case may re- quire, or impose a reasonable fine on such person, according to his discretion. 38 V.c¢. 2, s. 22. XLVII. Immediately after the lists have been finally re- vised and corrected as aforesaid, the judge may make and sign a separate statement in writing in duplicate if he shall see any reason for so doing, setting forth the changes, if any, which he has made to any of the lists and the ground of such changes if any, and deliver one of the statements to the clerk of the court, to be kept by him among the records of his office; and may certify a corrected copy thereof and deliver the same to the clerk of the court, who shall forthwith transmit the same to the clerk of the Executive Council. 38 V.c. 2, s. 23. XLVIII. In case of errors being found in the said lists of electors on the said revision thereof, whether such errors are in the omission of names, the inaccurate entry of names, or the entry of names.of persons not entitled to vote, if it appears to the judge that the clerk of the court, the enumerator, or clerk of the municipality, as the case may be, has been and is blam- able for any of the said errors, the said clerk or officer shall be charged with the costs ; and in all cases not herein provided for, the costs shall be in the discretion of the judge. 38 V. ¢. 2,9. 24. XLIX. Forevery nameerroneously inserted inoromitted from any list of electors, or duplicates required under this Act, the clerk of the county court, offending enumerator or clerk of the reeee VOTERS’ LISTS. Chap. 3. 27 municipality, shall forfeit to any person who may sue therefor the sum of one dollar, and shall alsospay to any person apply- ing to the judge to have any such error corrected, the costs in- curred by him in respect thereof; and the payment of the penalty imposed by this section with costs shall not relieve such officer from any additional penalty attaching to any wil- fully wrong act, and in all cases the enumerators repestcively shall attend the court of revision. 38 V.c. 2, 8. 25. L. In case of absence of the clerk of the county court Tapsmeest . either by illness, removal or death, his deputy or the person ‘° act. appointed in his place to discharge the duties of such office for the time being, shall perform the duties prescribed to him by this Act. 38 V.c. 2, s. 26. LI. The judge presiding at the county court may, as it shall ste ey appear most convenient, appoint any day of the sittings of the day ofthe slt- said court for proceeding with the said revision or any part Hogse oe thereof, and may adjourn or postpone the whole revision or any part thereof, or any case thereunder, to a future day of the same sittings or to some future day and to some other place : provided always, that the said judge shall, in the manner afore- said, continue his labors until all the said electoral lists shall have been finally revised and certified as required by law. 38 V.c. 2, 8. 27. LIL. The electoral lists of the electoral divisions of the Pro- Clerk of Ex, | vince of Manitoba shall, from the passing of this Act, be hand- dian of list. — ed over by the Provincial Secretary to the clerk of the Execu- tive Council, who shall thereafter and until otherwise provided by law be responsible for the proper and safe custody of the same. 38 V.c. 2,58. 28. LIII. The clerk of the Executive Council shall deliver to Clerk of Ex any person applying in writing for the same, certified copies of give certified the electoral lists, or any of them, and a fee not exceeding one?” cent for each name shall be paid to the said officer on the de- livery of the said copies. 38 V.c. 2,8. 29. LIV. Any person who shall wilfully and improperly cause to penalty for be inserted in any electoral list the name of any person not oanatie nang entitled to vote, or who shall cause to be inserted therein any ilesatly. fictitious name in the said electoral list, shall upon conviction thereof, be liable to a fine not exceeding one hundred dollars, and to imprisonment if the fine be not forthwith paid, in the common jail for a period not exceeding three months unless the fine and all costs be sooner paid, or to both fine and im- prisonment, at the discretion of the court. 38 V.c. 2,8. 30. ‘ l : i ; Penalty for LV. No person shall make, execute, accept or become a party Penalty for | to any lease, deed or other instrument, or become a party to litying to vote . : at e . any verbal arrangement, whereby a colorable interest in any land, house or tenement is conferred, in order to qualify any 28 Chap. 3. GENERAL PROVISIONS—PENALTIES. person to vote at any election; and any person violating the’ provisions of this section shall forfeit and pay the sum of fifty dollars, with costs of suit, toany person suing therefor in any court of competent jurisdiction ; and any person who induces or attempts to induce another to commit an offence against this section, shall incnr a like penalty. 38 V.c. 2, s. 31. Penalty for LVI. Every person haying the custody of electors’ lists and alteration.€e- dose duty it is to deliver copies thereof, who shall have wil- fully made any alteration or omission in the copies furnished, posted up or delivered by him, or shall have falsified such copies in any manner whatsoever, shall incur a penalty of not more than five hundred dollars, or imprisonment for a period. not exceeding twelve months in default of payment. 38 V.c. 2, 8. 32. GENERAL PROVISIONS—PENALTIES, Enumerator LVII, Any person being appointed to discharge the office of to accept offi- A ° ‘ ce unlessex- enumerator under this Act shall be obliged to accept such office eiption ith. unless he claims exemption within two days after the receipt intwodays. of his commission or appointment by a letter setting forth the reasons for his claiming exemption, addressed to the Provincial Secretary ; in default of so doing he shall be debarred from claiming such exemption, but shall discharge the duties of enu- merator. 388 V.c. 2,s. 40, ae LVIII. Any clerk of the Executive Council, clerk of the county court or deputy clerk of a municipality, or enumerator, who refuses or neglects to perform any of the obligations or comply with any of the formalities required of him by this Act, shall for each such refusal or neglect be liable to a penalty of one hundred dollars or imprisonment for two months in de- fault of payment forthwith, except in the case provided for in the next preceding section. 38 V.c. 2,8. £1. rena Stas. . LIX. Any person upon whom any duty is imposed under aera gealent: the foregoing provisions of this Act in respect of the electoral ' lists, refusing or neglecting to perform such duty, shall be liable to a fine of one hundred dollars in addition to any other penalty or punishment which may be imposed by law. 35 V. ec. 6, 8. 21. Penalty onall justi . . Aone LX. Any justice of the peace, enumerator, clerk of the county omission or court, orany officer or person mentioned in the foregoing provisions neglect Ser of this Act, to whom any duty or the performance of any act, ismposa matter or thing is assigned respecting the said electoral lists, by this Act. neglecting or wilfully omitting the faithful discharge and per- formance of the same; or any enumerator or clerk of a muni- cipality, knowingly inserting in the said electoral lists, pre- pared or to be prepared by him, the names of any person not qualified according to law to be an elector, or knowingly omit- ting the name of any person, qualified according to law to be QUALIFICATION OF ELECTORS. Chap. 3. 29 an elector, or wilfully doing or omitting to do any other act, matter or thing whatsoever in contravention of the true in- tent and meaning of the foregoing provisions of this Act in respect of the said electoral lists, shall be liable to a penalty of one hundred dollars for each offence, in addition to any other penalty or punishment imposed by law. 35 V. c. 6, s. 22. QUALIFICATION OF ELECTORS. Conditions requisite to be an elector. LXI. No person shall be admitted to vote at the election Entry on list. of amember of the Legislative Assembly of this Province unless his name appears at the time of the voting on the list of electors then in force: and no person shall be entered upon the list of electors for any electoral division unless he fulfils the following conditions, that is te say : e (1.) He must be of the male sex, twenty-one years of age, and a subject of Her Majesty by birth or naturalization ;. (2.) He must not otherwise be legally incapacitated ; (3.) He must have been, in such electoral diuision for a period of at least three months, actually and in good faith, owner of real estate of the value of one hundred dollars or up- wards, or tenant for the year or by the year of real property of the value of two hundred dollars and upwards, under an ~ annual rent of at least twenty dollars, or the occupant and bona fide householder, by the residence of himself, or of himself and family, if he have any, on land in the electoral division of the annual value of at least twenty dollars. 38 V.c. 2, s. 8. LXII. Whenever two, or more persons are co-owners or co- Two or more tenants or co-occupants of any real estate valued at an amount tenants or c6- sufficient for the share of each to confer upon him the right to Yip woe _ vote, each of such persons shall be deemed to be an elector under this Act, and shall be entered upon the list of electors ; but he whose share does not amount to the value required to confer the right to vote, if any be in such position shall not be so entered nor be an elector; and the same rule shall apply to co-tenants respecting the amount of rent which they may jointly and severally pay. 38 V. «. 2,8. 9. LXIII. Nevertheless if the real estate is owned or occupied oe by a corporation, no one of the members of the corporation notallowed to ‘shall be an elector, nor entered upon the list of electors, by an virtue thereof.” 38 V. c. 2, s. 10. LXIV. All persons answering the conditions aforesaid, and Persons euti- whose names; under the provisions of this Act, shall appear “°**° Vt. -and be contained on the said revised electoral lists, and who -are not otherwise disqualified according to law, shall be enti- 30 Chap. 3. LEGISLATIVE ELECTIONS. tled to vote at elections. of members to serve in the Legisla- tive Assembly of Manitoba. 35 V.c. 5,8. 1. | QUALIFICATION OF ELECTORS. Persons who cannot be Electors. , Fersone whee LXV. The following persons can in no case be electors, or electors nor 2 voters. vote : (1.) The judges of the court of the Queen’s Bench and of the county court, and the recorders of cities ; (2.) Clerks of the crown and peace, registrars, sheriffs, de- puty sheriffs, and clerks of the county court ; Persons ex- i i ivi i Seaor cx, _ (3.) Indians or persons of Indian blood,receiving an annuity voting. from the crown, so long as said Indians or persons of Indian blood receive such annuity ; and if any of the persons set forth in this section vote, he shall be liable to a penalty not exceed- Fenaltyon ing five hundred dollars, or to imprisonment for a period not ing not enti- exceeding twelve months in ,default of the payment of the Hed to vote Henalty imposed, and his vote shall be null and void. 38 V. ce 2,s. 11. LEGISLATIVE ELECTIONS. gue day only LXVI. Whenever anew Legislative Assembly is summon- election. ed, and a general election for that purpose is held, the nomina- tions of the candidates at the different elections,in all the electoral divisions of the Province, shall take place and be held upon one and the samé day ; such day shall be fixed and estab- lished by the Lieutenant-Governor, in the proclamation an- nouncing the general election. 38 V.c. 2,5. 42. eeciteuiar LXVII. In case of a particular election to fill a vacancy; the day of the nomination of the candidates, at such election shall be fixed and established by the Lieutenant-Governor. 38 V.c. 2,5. 43. Mention. LXVIIL. Every writ of election shall mention the day so fixed and established for the nomination of the candidates, at the election for which such writ shall have been issued. 38 V. c. 2,8. 44, Nomination. LXIX. The nomination of the candidates shall not take place on any holiday. 38 V.c. 2,5, 45. New writ. LXX. In the event of the destruction or loss of any writ of election, before the same has been received by the returning officer, or in the event of the latter dying before receiving such writ, or in the event of any other occurrence rendering it im- possible to hold the election on the day mentioned in the writ, LEGISLATIVE ELECTIONS. Chap. 3. 31 anew writ may be issued in which the day of nomination and that of the return, may be changed as circumstances require. 38 V:c. 2, s. 46. LXXI. Every writ of election shall bear date, and be re- pate and re- turnable, on such days as the Lieutenant-Governor may ap- ~ point. 38 V.c. 2,8. 47. LXXII. At the general elections, all writs of election shall Writs at gen- issue upon the same day, and shall bear the same date of issue. 38 V.¢. 2,8, 48. LXXIII. The voting, in all the electoral districts in which Dayofpolling. the same is to be held, shall take place on the seventh day next after that of the nomination of candidates, that is, the same or corresponding day of the week next after that in which the nomination has taken place. 38 V.c. 2, s. 49. LXXIV. Ifsuch seventh day is a holiday, the voting shall take place on the first following day not a holiday or Sunday. 31 V.c. 2,8. 49. Address of writ. LXXYV. Every writ of election shall be addressed by name, to a person who, being competent to discharge such office, shall be appointed returning officer by the Lieutenant-Governor. 38 V.c. 2, 8. 50. LXXVI. Writs of election shall be drawn up in accordance Form. with form C in the schedule of form to this Act, and they shall be forwarded by mail to the different returning officers, unless the Lieutenant-Governor ordered otherwise. 38 V.c. 2,8. 51. PROCEEDINGS ON RECEIPT OF THE WRIT OF ELECTION, LXXVII. The returning officer, on receipt of the writ of #ndorse ment election, shall without delay endorse upon such writ, the date ceipt of writ. of the reception thereof. 38 V. ¢.2,s 52. LXXVUI. The returning officer, before acting in any further 92%- manner, shall take and subscribe before a justice of the peace, or two electors, the oath specified in form D in the schedule to this Act ; and the justice of the peace, or the two electors, shall deliver to him a certificate of the taking of such oath, accord- ing to form E in theschedule to this Act. 38. V.c. 2,8. 53. LXXIX. It shall be the duty of the clerk of the ExecutivecierkEx. Council to transmit or deliver to the returning officer, together fone to. 45 with the writ of election, the list or lists, or copy or copies oye thereof in force, containing the names of electors entitled tocer. vote at the polling stations, or electoral divisions for which he is appointed, on pain of a penalty of one hundred dollurs, or imprisonment for three months in default of payment of the penalty. 38 V.c. 2,5. 54; 41 Vie 5,5.6. 32 LEGISLATIVE ELECTIONS. Chap. 3. APPOINTMENT AND DUTIES OF THE ELECTION CLERK. aa LXXX. The returning officer shall appoint, without delay, ; by commission under his hand according to form F in the schedule to this Act, a competent person as his election clerk, to assist him in the execution of his duties as returning officer : provided always, that no election clerk shall be appointed when there is only one polling place in an electoral division. 38 V.c, 2,8. 55. Oath. LXXXI. The election clerk, before acting as such, shall take the oath prescribed in form G in the schedule to this Act, either before the returning officer or a justice of the peace, who shall give him a certificate according to form H in the schedule to this Act. 88 V.c. 2,5.56; 41 V.c. 5,5. 7. New election LXXXII. If the election clerk dies, or is prevented from , performing his duties through sickness, absence or other cause, or if he.refuses to accept such office or neglects to perform the duties of the same, the returning officer may appoint, in the same manner, another competent person to be his election clerk ; the new election clerk shall be bound to perform all the duties of such office, under the same penalties as the former, in case of refusal or neglect. 38 V.c. 2, 8. 57. When the = LXXXIII. Whenever the returning officer is incompetent, be- returning offi- comes unable to perform the duties of his office, or refuses to oer: discharge the same, and has not been replaced by another per- son, the election clerk, or the poll clerk, as the case may be, shall be the returning officer for the election, as ifhe had_been duly appointed to that -office, and he shall perform all the duties thereof, under the same penalties as those prescribed in relation to the returning officer ; and he shall not be bound to take any further oath. 38 V.c. 2,5. 58; 41 V.c.5, 58. 8. ESTABLISHMENT OF POLLING STATIONS. Felling sta- = LX XXIV. The returning officer, upon receipt of the writ of election, shall hold a poll in each electoral division or voting sub-division, which shall appear by the list of electors, wherein ° the number of electors does not exceed two hundred. 38 VY. c. 2, 8. 59. Ga usin «=| LUXXXYV. The returning officer shall, if it be deemed advis- onesub-divit able by the Lieutenant-Governor, establish one or more other . polls in any electoral division or voting sub-division, even if the number of electors therein be less than that hereinabove set forth, in the event of the extent of the sub-division and the distance of a certain number of electors from the first poll, ren- dering the same expedient. 38 V.c. 2,5. 61. ~ Votingsub- LXXXVI. Every voting sub-division made by the return- Ginbered”° ing officer, under secticns eighty-four and eighty-five of this \ LEGISLATIVE ELECTIONS. Chap. 3. 33 Act, shall only avail for the election in respect of which it 1s consecutive made, and such voting or polling sub-divisions shall be number-'% ed consecutively by the said returning officer. 38 V.c¢. 2,5. 60; 41 Vie. 5, 8. 9. LXXXVII. The polls shall be established in central and Polls. commodious localities, in such manner as to be at a distance of at least two hundred yards apart from each other in any city, town or village, or municipality ; but no election shall be held rection not invalid by reason of a failure to hold a poll at any place ap-V!4- pointed for holding a poll, if it appears to the tribunal having cognizance of the question that such failure did not affect the result of the election. 38. V.c¢. 2, s. 62. Proclamation announcing the Election. LXXXVIII. The returning officer, within the eight day next Proclama- after the receipt of the writ of the election, shall by the procla- ~~ mation under his hand, according to form I, in the schedule to this Act, in the French and English languages, set forth : (1. The place, day and hour at which the nomination of candidates shall take place ; (2.) The day upon which the polls shall be opened, if a poll is required ; (3.) The different polling stations by him established, to- gether with the territorial limits of each of said polling stations. 38 V. c. 2, s. 63. LXXXIX. The locality specitied for the nomination of candi- Place of nom- dates shall be the court house, the city hall,the registry office, or *™°"°™ any other public or private building, in the most central and con- venient position for the majority of the electors of each, elec- toral division. 38 V. c. 2,8, 64; 41 V.c.5,s. 10. XC. The hour fixed for the nomination of candidates shall Hour. be between noon and oneo’clock in the afternoon. 88 V. c. 3, s. 65. ‘XCI. The returning-officer shall cause the proclamation to Posting up. be posted up at least eight days before the day of nomination of the candidates, the day of the posting and that of the nomi- nation not being included in such interval, in four of the most public and conspicuous places in the electoral division: if any municipality has been divided into wards, the proclamation shall be posted up in two of the most public and conspicuous places in each ward of the municipality. 38 V.c. 2, s. 67. XCIL. If, owing to unforeseen delays, accidents or other Change of causes, the proclamation cannot be posted up so as to allow the day period required between the day of the posting and that of the 3 * 34 Chap. 3. LEGISLATIVE ELECTIONS. nomination, or if any one of tke persons brought forward as a candidate die before the close of the poll, the returning-officer ay fix and establish another day for the nomination of candi- dates ; such day shall be the earliest possible after the expira- tion of the delay required between the day of the ‘posting and that of the nomination ; in all other respects such election shall be conducted as in ordinary cases ; the returning-officer in his return of the election, shall transmit to the clerk of the Execu- tive Council a special return of the reasons which so occasioned the postponement of the election. 38 V.c. 2, s. 68. NOMINATION OF CANDIDATES. Mode of nom- XCIII. Every candidate shall be nominated or brought for- nation. ward asa candidate by means of a nomination paper drawn up in accordance with the rules hereinafter specified, and in the form J in the schedule to this Act. 38 V.c. 2,5. 69. fignatureof XCIV. Each nomination paper shall be signed by at least tors. twelve electors qualified to vote in the electoral district for which the election is held, and shall give the Christian names and surnames, residence, profession or description of the candi- date, in such manner as sufficiently to establish his identity ; Mark. the mark affixed upon the nomination paper by any elector unable to write shall be neemed the signature required, accord- ing to the meaning of this Act. 28 V.c¢. 2,8. 70. Se XCV. Each nomination paper shall be accompanied by the consent in writing of the person nominated; except such person be absent from the Province : in the latter case the nomination paper shall set-forth his absence. 38 V.c. 3,8. 71. pee XCVI. The nomination papers shall be filed with the return- pers. ing-officer before, at or during the hour and atthe place indicated in the proclamation, by any one of the subscribing electors, by the person nominated, or by any one on his or their behalf, 38 Vic. 2, 8. 72. Filing before XCVII. The nomination papers may alsc be filed with the nomination. returning-officer at any other place and at any time between the date of the proclamation and the day of nomination, with the same effect as if produced at the time and place set forth in the preceding section. 38 V. ¢. 2, 8.73. aETeEN: XCVIII. A sum of twenty-five dollars shall be paidinto the hands of the returning-officer by or on behalf of each candidate on the delivery of the nomination paper to that officer. 38 V, c. 2, 8. 74 Application _XCIX. The different sums so paid, shall be by the returning- moneY- officer applied towards the payment of the election expenses, and an account thereof shall be rendered to the clerk of the LEGISLATIVE ELECTIONS. Chap. 3. 85 Executive Council, or to the deputy treasurer, or to the, secre- tary of the board of audit of the Province. 38 V.c. 2,8. 74. ©. The receipt, which the returning-officer shall give on. de- Receipt. mand, shall be sufficient evidence of the production of the nomination paper, and of the written consent of the candidate, and of the payment of the required sum. 38 V. . 2, 8. 75. CI. Every nomination paper shall also be accompanied by Afidayit, one or more affidavits in the form K in the schedule to this , Act, sworn before the returning-officer or a justice of the peace, and setting forth : (1.) That thedeponent knows that the subscribers to the nomination paper, or at least twelve from among them, are voters entered upon one of the voters’ lists in foree in the electoral district, and that they have signed in his presence ; (2.) That the consent of the candidate was subscribed in ' presence of the deponent, or that the person nominated is ab- sent from the Province. 38 V. c. 2, 8. 76. CIL The capacity of elector and the signature or mark of Attestation of each of the subscribers to the nomination paper, or of at least®” : ~ twelve of them qualified to vote, shall be so established by affi- davit ; but they may be so established in one or more separate affidavits and by one or more separate persons, 38 V. c¢. 2, s. 77. CUI. The consent of the candidate may also b» established Attestation of by the oath of another person. 38 V.c. 2,8. 78. ; CIV. If the nomination paper is produced by the candidate ath of candi- himself, and has not the required affidavits annexed or endorsed = on it, the returning-officer shall, if required by such candidate, take the oath of the candidate that the signatures subscribed. to it as voters are genuine and bona fide, and that the signature indicating his consent, is genuine ; and in such case any other affidavit or affidavits of any other person or persons in relation to the voters subscribed to the voting paper or the consent of the candidate shall not be required; no nomination paper shall be valid or carried into effect by the returning-officer unless it be drawn and delivered in comformity with the provisions herein contained. 38 V.c. 2, scs. 79, 80. CY. The returning officer shall endorse on the nomination Mention of paper the fact of the taking of the oath under section 104, °*- 38 V.c. 2,5. 81. _ CVI If at the expiration of the time fixed for the nomina- Election of tion, one person only is placed in nomination, the returning ie officer shall forthwith report to the clerk ot the Executive Council in the form L, in the schedule to this Act, that such candidate has been elected. 38 V. ¢. 2, s. 82. 26 Return. Report. Granting a poll. List of candi- dates Withdrawal of candidate. Duties of re- turning off- cers. Eligibility. Chap. 3. LEGISLATIVE ELECTIONS. CVII. He shall transmit with the least possible delay and within three days following, a certificate of his return to the person elected, which may be in the schedule to this Act. 38 Vic. 2,8.83; 41 Vie5 ss 12. | CVIII. The returning officer shall accompany his returnto the clerk of the Executive Council with a report of .his proceed- ings, in which he shall mention any nomination rejected by for non-compliance with the requirements of this Act. 38 .¢ 2,8, 84, CIX. If on the contrary, there are more candidates than one, it shall be the duty of the returning officer to grant a poll for taking the votes. 38 V.c. 2,8, 85. CX. After the time fixed for the nomination has elapsed, the returning officer shall deliver gratis to every candidate, or to the agent of every candulate, on demand to that effect, a certified list of the names of the persons nominated ; all votes given at the election for persons other than those nominated shall be null. 88 V.c 2,5. 86. CXI. Any candidate nominated may at any time before the closing of the poll withdraw, by filing with the returning offi- cer a declaration in writing to that eflect, signed by himself ; but such declaration, to be valid, shall be accompanied by an affidavit of one or more persons,sworn before the returning officer or a justice of the peace, establishing that the candidate had withdrawn voluntarily, and after reading such declaration, had signed the same in their presence ; all votes given in favor of any candidate who shall have so retired, shall be null and void. 38 V.c. 2, s. 87. CXII. If after any withdrawal one candidate only remains, it shall be the duty of the returning officer to declare him elected without waiting for the day fixed for holding the poll, or for the closing of the poll, upon such withdrawal being filed with him on or before the polling day, or the closing of the poll. 38 V.c. 2,8. 88. ELIGIBILITY IN AND DECLATATION REQUIRED OF CANDIDATES. CXITI. No person shall be elected a member of, or vote or sit in the Legislative Assembly of this Province, who is not at least twenty-one years of age, of the male sex, a subject of Her Majesty by birth or naturalization, free from all legal incapacity, and a voter in the Province. 38 V. c. 2, s. 89. CXIV. And every person who shall sit or vote without hav- ing the qualification required by this section, shall incur a penalty of one thousand dollars for each day he shall have so voted or sat. 38 Vic. 2,5. 39. LEGISLATIVE ELECTIONS. Chap. 3. 37 PRELIMINARIES OF THE VOTING. CXV. When a poll is necessary, the returning officer shall When pon cause notices to be posted up in form M in the schedule to this tices to be Act, announcing the fact of a poll being about to be held ime the electoral division, and specifying the names, domiciles, and occupations of the persons nominated ; and such notices shall be posted up as soon as possible after the nomination of the candidates, at every place where the proclamation announcing the election has been posted up. 41 V. ¢. 5, s. 13. CXVI. The returning officer shall, in no case, have the Regine. right to decide upon the validity or sufficiency of the list of decide valid: y of list. electors. 38 V.c¢. 2,8. 92. ty of lis OF DEPUTY RETURNING OFFICERS. CXVIL If there be more than one polling place for each Pee at electoral division, it shall-be the duty of such returning officer, cer’s warrant. by warrant under his hand, according to form'N in the schedule to this Act, to appoint a competent person to act as returning officer at each polling station established by him. 38 V.c. 2, s. 93; 41 Vic. 5,5. 13. CXVUL Ifa deputy returning officer dies, or is prevented New deputy from discharging the duties of his office by sickness, absence or officer. other cause, or if he refuses to accept such office, or neglect to discharge the duties thereof, the returning officer shall appoint another person competent to act as deputy returning officer : the new deputy returning officer shall-be bound to discharge all the duties of such office, under the same penalties as the first, in case of refusal or neglect. 38 V.c. 2,8. 94 CXIX. Hach deputy returning officer, before acting as such, Oath. shall take and subscribe before the returning officer or before a ‘Justice of the peace, the oath set forth in form O in the schedule to this Act, and a certificate of the taking of such oath, shall be delivered to him according to form P in the schedule to this Act, by and under the hand ot the person administering the same. 38 V.c. 2, s. 95. CXX. It shall be the duty of the returning officer to fur- Returning | nish to each deputy returning officer, the list or a copy or ex- give list. tract of the list, containing the names of electors, entitled to vote at the polling station for which he is appointed: each copy or extract of the list, shal! be certified by the legal custo- dian of the lists from which such copies or extracts are taken. 38 V. c. 2, 8. 96. CXXL. If the list, extract or copy in the possession of any toss of list. deputy returning officer has been lost or destroyed, it shall be the duty of the returning officer to provide that another certi- fied list, or extract or copy, is supplied to such deputy return- ing officer forthwith. 38 V.c¢. 2, s, 97. 38 Poll clerks. New poll clerk, Oath. Duties.* Chap. 3. LEGISLATIVE ELECTIONS. ‘OF POOL CLERKS. CXX{I. Each returning or deputy returning officer, as the case may be, shall forthwith appoint, by a commission under his hand, according to form R in the schedule to this Act, a competent person as poll clerk, to assist him in the execution of his duties. 38 V.c. 2, s. 102. CXXIII. If the poll clerk dies, or is prevented from execut- ing his office by illness, absence or other cause, or if he refuses to accept such office, or neglects to discharge the duties thereof, the returning or deputy returning officer shall appoint another person competent to act as poll clerk : the new poll clerk shall be bound to discharge all the duties of such office, under the same penalties as the first, in case of refusal or neglect. 38 V. ce. 2, 8. 103. CXX1V. Every poll clerk, before acting as such; shall take and subscribe, either ‘before the returning officer or deputy ‘returning officer who appointed bim, or before any justice of the peace, the oath set forth in form S in the schedule to this - Act. 38 V.c. 2, 8. 104 CXXV. A .certificate of the taking of such oath shall be delivered to the poll clerk according to form T in the schedule to this Act, under his hand by the person administering the same. 38 V.c. 2,8. 1C4. CXXVI. The poll clerk, at the poll for which he shall have been appointed, shall be bound to aid and assist in the execu - tion of his duties, the returning or deputy returning officer appointed to keep the poll at such place, and to obey the orders of such returning o1 deputy returning officer. 38 V. c. 2, s. 105, _ - Replacing old CXXVIL. Inthe event of the returning or deputy returning returning or deputy re- turning offi- cer. Appoint a poll clerk. officer refusing or neglecting to discharge the duties of his office, or becoming unable to do so, and of no other deputy returning officer appointed instead of the former presenting himslf at the poll, the poll clerk shall under the same penal- ties, as those Imposed on a deputy returning officer, act as deputy- returning officer, and fulfil all the duties and obligations thereof, in the same manner as if he had been appointed deputy returning ofticer, without being obliged for such pur- pose to take any new oath. 38 V.c. 2,8. 106. CXXVIII. Whenever any poll clerk shall act in the case pro- vided for in the preceding section, he shall have power to ap- point by commission under his hand, according to form U, in the schedule to this Act, another person as poll clerk, to aid and assist him, and to administer to such person the oath required of a poll clerk, under this Act: such poll clerk shall have the same duties to discharge as if he had been appointed LEGISLATIVE ELECTIONS. Chap. 3. 39 by the returning or deptity returning officer, and shall incur the same penalties in the event of refusal and neglect. 38 V. c. 2, 8. 107. PROVISIONS APPLICABLE TO THE VARIOUS ELECTION OFFICERS. CXXIX. The following persons shall not be appointed re- Whoshall not turning officers, election clerks, deputy returning officers, or officers. poll clerks : (1.) Members of Her Majesty’s Privy Council, of the Senate and Commons of Canada; (2.) Members of the Executive Council, and the Legislative Assembly of this Province, and of any other Province of thé Dominion ; (3.) Ministers, priests or ecclesiastics of any religion or reli- gious denomination whatsoever ; (4.) Judges of the Court of Queen’s Bench, of the county Z court and recorders of cities ; (5.) Any person who isa member of the Legislative Assem- bly or who was a member of the Legislative Assembly next preceding the election ; (6.) Sheriffs, registrars, or other persons who shall have been found guilty by the Legislative Assembly, or by any court for the trial of controverted elections or other competent tribunal, of any offence or dereliction of duty under this Act. 38 V.c. 2,8. 171. CXXX. No person who has been nominated as a, candidate Candidate | | at an election, shall be afterwards appointed an election officer for such election. 38 V. c 2, 8.172. CXXXI. No person who has been, by the next two preced- Penalty. ing sections, declared to be ineligible to act as returning officer, election clerk, deputy returning officer, or poll clerk, shall in any case act in any such capacity, under a penalty of one hun- dred dollars, or imprisonment for three months in default of payment. 38 V.c. 2,s, 173. CXXXII. None of the following persons, unless they be Exemptions. Sheriffs or registrars, shall be obliged to act in the capacity of returning officer, election clerk, deputy returning officer, or poll clerk : (1.) The professors of an university, college, seminary, asy- lum or academy ; : (2.) Physicians and surgeons ; 4 40 Chap. 3. LEGISLATIVE ELECTIONS. (3.) Millers ; (4.) Postmasters, custom house officers, or employees in the post office or custom house, or employees of the Dominion lands office ; (5.) Persons aged sixty years or over ; (6.) Persons who have already served as returning officers in the preceding election. 38 V. ¢. 2,5, 174. sae CXXXIIL Any person, who intends to come forward as a candidate at an election, shall be exempt from acting as return- ing officer, election clerk, deputy returning officer, or poll clerk, at such election. 38 V.c. 2,8. 175. eee CXXXIV. Whoever is entitled to claim the exemption grant- ’ ed by either of sections 132 or 133, shall claim such exemp- tion within two days after receipt of the writ of election or commission, as the case may be, by a letter setting forth the reasons for his claim; addressed to the officer who has given the commission or made the appointment, or transmitted the writ of election ; in default of so doing, he shall be debarred from claiming such exemption, and be subject to the penalties pre- scribed for his refusal to accept. 38 V.c. 2,8. 176. Persons CXXXYV. Any person being competent to discharge the boundtoac- office of returning officer, election clerk, deputy returning offi- cer, or poll clerk, shall be obliged to accept such office, unless he be exempt and has claimed exemption within the preserib- ed time, under a penalty of one hundred dollars, or imprison- ment for six months in default of payment, except in the cases otherwise provided for. 88 V. ¢. 2, s, 177. Penalty for CXXXVI. Any returning officer, election clerk, deputy re- Bente ‘ turning officer, or pell clerk, who refuses or neglects to perform any of the obligations or formalities required of him by this Act, shall for each such refusal or neglect be liable to a penalty of one. hundred dollars, or imprisonment for six months in de- fault of payment, except in the cases otherwise provided for. 38 V.c. 2; 6. 178. . Oath admin- CXXXVII. The returning offieér at any election shall have istereriey om. the power of administering all the oaths or affirmations requir- cer orthe de- ed by this Act, with respect to such election ; every deputy puty return. 2 Sn 5 ingoficer. returning officer shall also have the power of administering such oaths and affirmations, as may be required to be adminis- tered under this Act. 38 V.c. 2, s. 179. Manner of CXXXVIIT. When the returning officer or his deputy is by giving notice this Act required or authorized to give any public notice, and no special mode of giving the same is mentioned, he may give the same by advertisement, placards, handbills, circulars, or ‘ LEGISLATIVE ELECTIONS. Chap. 3. 41 such other means as he may think bestcalculated togiveinforma- tion to the electors. 38 V.c. 2, s. 180. . CXXXIX. No returning officer, or deputy returning officer, or Who cannot partner or clerk of either of them, shall act as agent of any ~ coe candidate in the organization or management of his election for such electoral division under a penalty of two hundred dollars, or imprisonment for six months in default of payment. 38 V. ec. 2, s. 181. CXL. Any returning officer who wilfully delays, neglects or Penalty on re- refuses to-declare elected any person entitled to be declaredcer. ” elected a member of the Legislative Assembly for an electoral division, in case it has been determined on the hearing of an election petition respecting the election for such electoral divi- sion, that such person was entitled to have been returned, shall be subject to a penalty in favor of such person of five hundred dollars, together with all damages sustained by réason thereof ; the action, however, for the recovery of such damages must be commenced within one year after the commission of the action which it is grounded, or within six months after the conclusion of the proceedings relating to the contestation of the election, in default whereof such action shall be barred. 38 V. ¢. 2,5. 182, VOTING. CXLI. The voting shall take place at a window, or other Where voting sufficient opening made in the partition of a room inside of a place. building ; and the returning or deputy returning officer, as the case may be, the officers of the election, the candidates and one agent for each such- candidate, and one clerk for each candidate, shall be the only persons allowed into such room while the election is going on ; and there shall be, as far as practicable, two doorsto the building in which the voting shall take place, one for the admission of . voters, the other through which they may leave after having voted. 41 V.c. 5, s. 15. CXLI. Each returning or deputy returning officer shall Foto be « open the poll over which he presides at the hour of nine o’clock morning. in the morning, and he shall keep the same open until four o'clock in the afternoon, when it shall be finally closed. 41 V. ce. 5,8. 16. | CXLIII. Each returning officer shall receive with the writ Poll to be in of election one or more poll books, and such poll books may be 2222) 9” in the form Q in schedule to this Act. 41 V.c. 5, s. 17. CXLIV. The returning or deputy returning officer shall take ae aS the vote of no person whose name is not on the electoral list taken who.is transmitted by the clerk of the Executive Council. 41 V. ¢. 5, foralliste” s. 18. 42 Chap. 3. LEGISLATIVE ELECTIONS. Returning CXLYV. It shall be the duty of the returning or deputy re- SoA oes turning officer to facilitate the access to the poll and to take gol.” 2@ due steps to prevent any voter from beg molested in any way whatever in coming tc register his vote or returning after his vote is registered. 41 V.¢.5,8. 19. Ecoles 10 CXLVL. Every elector, before he shall be permitted to vote, namesat shall state his name, occupation and residence to the returning residence. or deputy returning officer ; and if such name be found on the electoral list, the elector shall, if required by the returning or deputy returning officer, or any candidate, or any representa- tive of a candidate, take the following oath, to be administered to him by the returning or deputy returning officer, in the fol- lowing manner, that is to say : Oath. 7 “You swear or affirm (as the case may be) that you are a subject of Her Majesty ; that you are twenty-one years of age ; that you are the person whose name is entered on the list of electors now shown to you ; “That you have not before voted at this election for this electoral division, either at this or at any other polling station ; “That you have not received anything, nor have you ac- cepted any promise made to you, directly or indirectly, either to induce you to vote at this election, or to indemnify you for your loss of time, travelling expenses, hire of vehicle, or any other service connected with this election ; “And that you have not been guilty of any act of corrup- tion, disqualifying you from voting at this election ; “So help you God.” 41 V. ¢. 5, 8. 20. Blector refus- CXLVII. Any elector refusing to take the oath or affirma- oath. tion, as the case may be, mentioned in the next preceding sec- tion, when thereunto required, shall not be permitted to vote ; and such vote if registered shall be null and void. 41 V.«. 5, s. 21. Interpreter CXLVIIL Whenever the returning or weputy returning offi- mayer’ cer shall not understand the language spoken by any elector claiming to vote, he shall swear an interpreter, who shall be the means of communication between him and such elector with reference to all matters required to enable such elector to vote. 41 Vic. 5,8. 22. Elector shalt CXLIX. Every elector shall vote without undue delay, and pot make de- shall leave the polling station as soon as his vote is given. 41 V. ¢. 5, 8. 28. Elector sum- CL. No elector summoned as a witness before any judg; or moned as 2_,eourt whatever, in this Province, shall be compelled to he or any court ex- any re Ss ] 1 i anyeourtex- appear before such judge or court on the day during which ing day. polling takes place in the electoral division in which such elector is entitled to vote. 41 V.c. 5, s. 24, Duty of poll QL. It shall he the duty -of the poll clerk under the in- LEGISLATIVE ELECTIONS. Chap. 3. 43 structions of the returning or deputy returning officer to keep the. poll book, and enter therein, in separate columns, the names of the candidates for whom votes are given. 41 V.c. 5, 8, 25, CLII. At the close of the poll, immediately after four of the “se of pol clock of the day of election, the clerk shall cast up the votes as they appear in the poll book, and deliver the poll book to the returning or deputy returning” officer, who shall, in due course of law, openly then and there declare the state of the poll, and make return accordingly. 41 V.c. 4,5. 26. CLIIT. When on the final addition of votes, an equality ety eee votes is found to exist between any of the candidates, and the is found to addition ofa vote would entitle any one of such candidates to be declared elected, it shall be the duty of the returning offi- eer, as soon after as may be, to give, in presence of the clerk of the Executive Council and one witness, such additional or cast- ing vote, by declaring in writing, signed by himself, for whom hé votes; in no other case shall the returning or deputy re- turning officer have the right to vote. 51. V. ¢. 5,8. 27. CLIV.. Immediately after the close of the poll and the ‘de- After close of claration of the poll as aforesaid, the deputy returning: officer and’papers to shall deliver the poll book, the electoral list, and all other be teaneroly papers and documents of his polling sub-division, into the Gxecutive hands of the returning officer; and every returning officer shall fcrthwith after the close of the poll or the delivery of the poll books and other papers of the polling sub-division into his hands, transmit to the clerk of the Executive Council with his return, the writ of election, his oath of office, the commissions of the deputy officers, if any, the commissions of the poll clerks, the oath and certificates of oath of these officers, the poll books, the electorol lists used in the several polling sub-divi- sions, if any, or in the poll division, and all other lists or docu- ments used or required at such election, or which may have been delivered to him by the deputy returning officers, if any. 41 V. ec. 5, 8. 28. CLV. The returning and deputy returding officers, and the returnin poll clerks, shall, at the close of the poll or polling sub-divi- oficer and sions respectively, take the oaths according to Forms V W and ¢lose of Poll, X, in the schedule to this Act, and each taking the oath pro- ae per to him ; and the deputy returning officer may take such oath before the poll clerk ; and such oath shall be transmitted with the various documents above mentioned to the clerk of the Executive Council. 41 V.c. 5,5. 29. CLVI. It shall be the duty of the clerk of the Executive Duby of derk Council, immediately after the delivery of the return of elec- Council. tion papers of any electoral division, to examine and verify the same inthe presence of the Prothonotary of the Court of Queen’s Bench or the sheriff of the Province ; and he shall, 44 Chap. 3. LEGISLATIVE ELECTIONS. without delay, transmit to the candidate elect a certificate of his election in the form Y in the schedule to this Act. 41 V. ec. 5, 8. 30. Td keep in CLVII. After the close of the election, the clerk of the Exe- Soran adit cutive Council shall keep in his custody the various papers and quents for at documents transmitted to him by such returning officer, for at Oars. least two years ; and he shall, as socn as may be convenient, make a correct and classified list of all such papers and docu- ments. 41 V.c¢.5,s. 31. Clerk's fees. | CLVIII. Such clerk shall deliver on application made to him in writing, and on payment of a fee of ten cents per hun- dred words, certified copies of all writs, poll books, returns, re- ports, and other documents in his possession or custody con- cerning any election; and each copy so certified shall be pruma facie evidence before any judge or election court in this Province. 41 Vic. 5,8. 32. Clerk topub- CLIX. The clerk of the Executive Council shall, on receiving teens the return of any member elected to the Legislative Assembly, name of can- and after due examination and verification of all papers, under " section 157 of this Act, publish in the next number cf the Gazette of Manitoba the name of the candidate elect. 41 V. c. 5, 8. 33. GENERAL PROVISIONS—PEACE AND G7TOD ORDER. Errors and CLX. No election shall be declared invalid by reason : omissions _ Which do not : . i ee (1.) Of non-compliance with the formalities sustained in this Act, as to the taking of the poll or the counting or summing up of the votes, or in any other matter of form ; , ‘ (2.) Of any mistake in the use of the forms, annexed to this Act, if it appears to the tribunal having cognizance of the ques- tion, that the election was conducted im accordance with the principles laid down in this Act, and that such non-compliance or mistake did not affect the result of the election.. 38 V. ec. 2, s. 170. : Writtenauth- CLXI. Any person producing to the returning or deputy ority required ‘. ‘ i : 2 ° for one person returning officer at any time a written authority from a candi- euidateat date to represent him at the pol! or at any preceding of the poll. election, shall be deemed the representative of such candidate ; and no more than one representative shall be allowed for each candidate ; but a candidate may himself undertake the duties which any representative of his, ifappointed, might have under- taken, or may assist his representative in the performance of such duties ; and he may be present at any place wherein the presence of his representative is authorized. by this or any other Act: provided, however, that the non-attendance of any repre- sentative shall not, if the act or thing be otherwise duly done, invalidate thesame. 41 V.c. 5,5.35; 41 V.c. 5,8. 34 LEGISLATIVE ELECTIONS. Chap. 3. 45 CLXII. Every returning officer and every deputy returning Returning | officer, from the time they shall respectively have taken the puty return- oath of office until the day after the closing of the voting, shall a ang be a conservator of the peacé, invested with all the powers ofthe peace. appertaining to a justice of the peace. 38 V.c. 2,8. 183, | CLXIII. The returning officer or deputy returning officer Constable. may require the assistance of justices of the peace, constables, or other persons present, to aid him in maintaining peace and order at such eléction: and he may also, ona requisition, made in writing by any candidate or by his agent, or by any two electors, swear in such special constables as he deems necessary. 88 V.c. 2,5. 184. CLXIV. The returning officer or deputy returning officer arrest. , may arrest or cause to be arrested, by verbal orders, and placed in the custody of any constables or other persons, any person: disturbing the peace and good order at the election; or may cause such persons to be imprisoned under an order signed by him until any period not later than the close of the polls, but no such arrest, detention or imprisonment shall in any manner exempt the person so arrested, detained, confined or imprisoned: from any pains or penalties to which he has become liable by reason of anything by him done contrary to the true intent and meaning of this Act, or otherwise. 38 V.c. 2, s. 185. CLXV. The returning ottcer or deputy returning officer may, carrying during the nomination day and polling day, require any person 3t™ forbid- within half a mile of the place of nomination or of the polling station, to deliver to him any fire-arm, sword, stave, bludgeon, or other offensive weapons in the hands or personal possession of such person ; and any person refusing to deliver such offen- sive weapons shall be liable to a penalty of one hundred dollars, or imprisonment for three months in default of payment. 38 V.c. 2,8, 186. GLXVI. No person shall be permitted to enter any electoral 1aem. division, voting sub-division, or ward, duting the polling in such voting division or ward, with any kind of offensive wea- pons whatsoever, such as fire-arms, swords, staves, bludgeons or other similar weapons. 38 V.c. 2, 8. 187. CLXVII. No persons within the electoral division, voting Idem. sub-divisions or ward, shall be allowed to arm themselves dur. ing the day of voting with any offensive weapon, and thus armed approach within a distance of one mile of the place where poll is being held, unless*called upon to do so by lawful authority. 38 V. c. 2,s, 188, CLXVIII. The prohibitions mentioned in the next two pre- Exception. ceding.sections shall not apply to the returning officer, or to the election clerk, or to the deputy returning officer, or poll clerk, or to the constables or special constables at any election. 38 V.c. 2,5, 189. oa 46 Chap. 3. LEGISLATIVE ELECTIONS. Furnishing CLXIX. No candidate or other person shall furnish or give pidden, tO any person whomsoever, any flag, standard, banner, distinc- tive color, ribbon, signal, printed paper, cockade, or anything of such nature, to the end that the same may be carried or used within the electoral division, between the eighth day before the nomination day and the day following the close of the poll, as a banner or party signal, distinguishing the bearer or his followers as partisans of such candidate, or holding the same. opinion or the opinions supposed to be held by such candidate. _ 88 Vic. 2,5, 190. ; Garrying CLXX. No person upon any pretence whatever, shall carry den. any flag, standard, ensign, banner, distinctive color, ribbon, signal, printed papers, cockade or any other similar thing, nor shall the same be used as a banner or party sign within the limits of such electoral division, from the day of nomination until the day after that.upon which the poll is closed. 38 V. ce. 2.8. 191." Drinks, ete, CUXXI. No candidate shall, at any election, nor shall any at expense of other person, either provide or furnish intoxicating drink, or bidden. other refreshment, at the expense of such candidate, to any person whomsoever, during such election, or pay, or procure, or engage to pay for, any such intoxicating drink or other refreshment. 38 V.c. 2, s. 192. Penalty. CLXXII. Every person offending against any of the provi- sions of the next six preceding sections, shall incur a fine not exceeding two hundred dollars, or imprisonment not exceeding six months, in default of payment. 38 V.c. 2, s. 193. Selling orgiv- CLXXITI. No spirituous or fermented liquors or drinks shall ing Naveig- be sold or given to any person whatsoever, within the limits of den. an electoral division, or of a voting sub-division or ward of a city, during the days of nomination and polling, under a penal- ty of two hundred dollars, or imprisonment for. three months, in default of payment. 38 V.c. 2,5. 194 Incase of poll CLUXXIV. In case any poll book, electoral list, or other do- forcibly taken cument used to secure the validity of an election under this AWAY: Act, shall, at a polling division or sub-division or other place, be forcibly or otherwise taken away from the hands or the possession of the proper officer, or otherwise unlawfully tam- pered with, the poll clerk and the returning or deputy return- ing officer, as the case may be, shall respectively make a spe- Touurning om- cial return, stating such facts, as well as the state of the poll, Cee tg there and then ; and the deputy returning officer and the poll make special Clerk shall make such return to the returning officer, and the ae returning officer to the clerk of the Executive Council, and such state of the polling made as aforesaid shall be taken to be, to all intents and purposes, prima facie, the return of the election ; and the returning or deputy returming officer and the poll clerk shall, respectively, take the oaths according to LEGISLATIVE ELECTIONS. Chap. 3. 47 forms V and W, in the schedule to this Act, and such oaths And take shall be annexed to the statement in this section mentioned. Jana -w. 41 V. c. 5, 8. 40. ; CLXXV. Whoever, at any time before, during, or after the Penalty for polling, shall destroy or take away any poll book, electoral list taking away or other document, used or to be used to secure the validity of any poll book an election under this Act, or interferes in any way whatsoever ment to Bis with the duties of the returning, deputy returning officer, poll of election. clerk, or any other officer of the election, or attempts ‘to com- mit any breach of the provisions of this section, shall incur for each offence, if he be an election officer or other person engaged in the election, a penalty of five hundred dollars, or imprison- ment for one year in default of payment; or if he be any other person, a fine of two hundred and fifty dollars, or impri- sonment for six months in default of payment. 41 V. c. 5, s. 41. CLX XVI. Whosoever at any time during the polling shall, Pemons using either by threats, intimidation, force, violence, or otherwise, pisrentne prevent any elector from coming to the poll to give his vote, coming to the or by the same unlawful means prevents him from voting, or ??!! t° vote uses violence, threats, or intimidation against any elector after such-elector has voted, or otherwise unlawfully interferes with any elector before, during or after such elector has voted, or attempts to commit any breach of the provisions of this section, shall incur for each offence, if he be an election officer or other Penalty. person engaged in the election, a penalty of five hundred dol- lars, or imprisonment for six months, in default of payment, or if he be any other person, a fine of two hundred dollars, or imprisonment for three months in default of payment; and the term “election officer” used in this and the next preceding “Election offi section shall mean, the returning, the deputy returning officer, terpreted. the poll clerk, the candidates, the representatives of the candi- dates, the clerk of each candidate, and the constables appointed by the returning or deputy returning officer, as the case may be. 41 Vie. 5, 8, 42. _ CLXXVII. It shall be lawful for the Lieutenant-Governor Lieut .-Gover- in Council to make'a tariff of fees, costs and expenses, to be eer paid to the different election officers under this Act, and to pees of fees, : : ‘ ts, ete. revise and amend the same, from time to time; and a copy of such tariff so made, so revised, or so amended, shall be submit- ted to the Legislative Assembly at the then next session of ' the Legislature ; and the fees, costs, expenses and allowances aforesaid may be paid out of the consolidated revenue fund of the Province to such election officers, as shall seem expedient and proper, and each such officer shall report in respect of the ° same, and every matter connected therewith to the provincial secretary. 38 V.c 2,5. 250; 41 Vic. 5,8. 45. 48 : Corrupt prac- tice. ee Bribery. , Chap. 3. LEGISLATIVE ELECTIONS. MEANS OF PREVENTING CORRUPT PRACTICES AT ELECTIONS. CLXXVIII. Any act or offence punishable under any of the provisions of sections 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191 and 192 hereof, shall be corrupt within the meaning of this Act, and the controverted Elections Act. 35 V.c. 2,8. 195. CLXXIX. The following persons shall be deemed guilty of bribery and shall be punishable accordingly : (1.) Every person who directly or indirectly, by himself or by any other person on his behalf, gives, lends or agrees to give or lend, or offers or promises any money, or valuable con- sideration, or promises to procure or endeavors to procure, any money or valuable consideration, to or for any voter, or to or for any person in order to induce any voter to vote, or refrain from voting, or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at any election ; ’ (2.) Every person who directly or inderectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers or promises any office, place or employement, or promises to procure or to endeavor to procure any office, place or employment, on behalf of a voter, or to or for any person, to or for any voter, or to or for any other per- ‘son in order to induce such voter to vote, or refrain from voting or corruptly does any such act as aforesaid, on account of any voter having voted or refrained from voting at any election ; (8.) Every person who, directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement as aforesaid, to or for any person, in order tu induce such person to procure or endeavor to procure the return of any person to serve in the Legislative Assembly, or the vote of any voter at any election ; (3.) Every person who, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, or promises or endeavors to precure the return of any candidate to the Legislative Assembly, or the vote of an elector at any election ; (5.) Every person who advances or pays, or causes to be paid, any money to, or to the use of any other person, with the intent that such money or any part thereof shall be ex- pended in bribery, or corrupt practices, at any election, or who knowingly pays or causes to be paid, any money to any per- son in discharge or repayment of any money wholly or in part expended in bribery or corrupt practices at any election. 38 V.4, 2. 8. 196. LEGISLATIVE ELECTIONS. Chap. 3. 49 CLXXX. Nevertheless the actual personal expenses of any Lawful ex- candidate, including his reasonable expenses for professional ?°"*°* services really rendered, and money paid in good faith, for ne- cessary printing and advertisements, shall be aeemed to be ex- penses lawfully incurred, the payment whereof shall not con- stitute a breach of this Act. ¢8 V.c. 2,5. 197. CLXXXI. The following persons shall be deemed guilty of Bribery. bribery and shall be punished accordingly : (1.) Every voter who, before or during any election, directly or indirectly, himself or by another person on his behalf, re- ceives, agrees or contracts, for any money, gift, loan or: valu- able consideration, office, place or employment, for himself or any other person, for voting or agreeing to vote, or for refrain- ing, or agreeing to refrain from voting, at such election ; (2.) Every person who, after any election, directly or indi- rectly, himself or by any other person on his behalf, receives any money, gift, loan or valuable consideration, office, place or employment, for having voted or refrained trom voting, or hav- ing induced any other person to vote or refrain from voting at any election. 38 V.c. 2,s. 198, CLXX:XITI. Whosoever, to induce a person to allow himself Bribery in re- ‘ . : Jation toa to be nominated as a candidate, or to refrain from becoming a candidate, candidate, or to withdraw if he has so become : (1.) Shall give or lend money, or valuable consideration whatever, or shall agree to give, or lend, or offer, promise or procure, or try to procure for such person, or for any other person, such gift. or loan ; (2.) Shall give or procure any office, place or employment, or shall agree to give or procure, or offer or promise to pro- cure, or endeavor to procure such office, place or employment for such or any other person, shall be deemed guilty of bribery, and punishable accordingly. 38 V.c. 2,5. 199. CLXXXIT. Whoever, in consideration of any gift, loan, Bribery on offer, promise or agreement, as mentioned in the next preceding thocanditade: section, shall allow himself to be nominated or refuse to allow himself to be so nominated, or shall withdraw if he has been so nominated, shall be deemed guilty of bribery,and shall be punishable accordingly. 38 V.c. 2, s. 200. CLXXXIV. Any candidate or his agent, who takes any bet Wagers. or wager, concerning or at the time of any election, with a qualified voter, shall, as shall also such voter, be deemed guilty . ei and shall be punishable accordingly. 38 V.c. 2,5. CLXXXV. Any person guilty of any of the acts of bribery Penalty. mentioned in sections 179, 181, 182, 183 and 184 of this Act, 4 ‘ 50 Chap. 3. LEGISLATIVE ELECTIONS. shall be liable to a penalty of two hundred dollars, or imprison- ment for six months, in default of payment. 38 V. c. 2,s. 202. Treating bya CLXXXVI. Every candidate who corruptly, by himself or candidate. Penalty. Votes struck off. Treating by ‘others, by or with any person, or by any other ways or means on his behalf, at any time either before, during or after any election, directly or indirectly gives or provides, or.causes to be given or provided, or is accessory to the giving or providing, or pays wholly or in part any expenses incurred for any meat, drink, refreshment or provision to or for any person, in order to be elected, or for being elected, or for the purpose of corruptly in- fluencing such person or any other person, to give or refrain from giving his vote at such election, shall be deemed guilty of the offence of treating, and shall be liable to a penalty of two hundred dollars, or imprisonment for six months in default of payment ; and on the trial of an election petition, there shall be struck off from the number of votes given for such candi- date, one vote for every person who shall have so voted, and is proved on such trial to have corruptly accepted or taken any such meat, drink, refreshment or provision. 38 V.c. 2, s. 203. CLXXXVII. The giving or causing to be giving to any voter on the nomination day or day of polling, on account of such voter having voted or being about to vote, any meat, drink or ‘refreshment, or any money or ticket, to enable such voter to procure refreshment, shall be deemed an unlawful act; and whoever shall have been guilty of such unlawful act shall, for each offence, be liable to a penalty of ten dollars, or imprison- ment for one month in default of payment. 38 V. ¢. 2, s. 204. Undueinfue CLXXXVIII. Every person who, directly or indirectly, by ence, Penalty. Constraint. himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or in- flicts or threatens the infliction by himself, or by or through - any other person, of any injury, damage, harm or loss of em- ployment, or in any manner practices intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person hav- ing voted or refrained from voting at any election ; and (1.). Every person who, by abduction, duress, or any fraudu- lent device or contrivance, impedes, prevents or otherwise in- terferes with the free exercise of the franchise of any voter, or thereby compels, induces or prevails upon any voter either to ‘give or refrain from giving his vote at any election, shall be deemed to be guilty of the offence of “ undue influence,” and shall be punishable accordingly by a penalty of two hundred ‘dollars, or imprisonment for six months, in default of payment. 38 V. c. 2,8. 205. . CLXXXIX. Every person who in any manner induces or constrains, or attempts to induce or constrain any one to take a false oath, in any matter in which an oath is required in LEGISLATIVE ELECTIONS. Chap. 3. 51 virtue of the present Act, shall, for the purposes of this Act, over and above any other punishment to which he may be liable for such offence, be liable to a fine of two hundred dol- Penalty. lars, o# imprisonment of six months, in default of payment. 38 V. c. 2, 8, 206. CXC. The following persons shall be deemed to be guilty of Eee aernande the offence of personation, and shall be punishable accordingly tion. * by a penalty of five hundred dollars, or imprisonment for six months, in default of payment : ; Whoever, during the voting at an election, knowingly per- sonates and falsely assumes to vote in the name of another per- son whose name appears on the electoral list, whether such other person be then living or dead, or if the name of said other person be the name ofa fictitious person ; : Whoever, having already voted at an election, presents him- self again to vote at the same election ; ; Whoever aids, incites, counsels, or facilitates the commission, 27 other ing by any person whomsoever, of any infraction of the provisions Peer iG SaOE of this section. 41 V.c. 5, 5, 38, CXCI. The hiring or promising to pay, or paying Tor any Converance horse, team, carriage, cab or other vehicle, by any candidate or by any person on his behalf, to convey voters to or from the poll, or to or from the neighborhood thereof, at’ any election, or the payment by any candidate, or by any person on_ his be-- half, of the travelling and other expenses of any voter, in going to or returning from any election, are unlawful acts ; and who- ever so offends shall be liable to a fine of one hundred dollars, Penalty- or imprisonment for three months, in default of payment. 38 Vic. 2,8. 208. CXCII. Whosoever lets or takes to hire any horse, cab, cart, wiring of yee - waggon, sleigh, carriage or other conveyance for any candidate, hicles. or for any agent of a candidate, for the purpose of conveying any voter or voters to or from the polling place or places, shall, for every such offence be liable to a penalty of one hundred penaity, . dollars, or imprisonment for three months, in default of pay- ment. 38. V.c. 2,5, 209. CXCHI. No person shall be excused from answering any Obligation to question put to him in any action, suit, or other proceeging in *™S¥** any court, or before any judge, commissioner or other tribunal, touching or concerning any election or the conduct of any per- son thereat, or in relation thereto,on the ground that the answer to such question tends to expose him to any prosecu- tion or condemnation under this Act; but no answer given by protection any such person shall be used to his prejudice in any civil pro- ceeding against such person, if the judge, commissioner, or pre- sident of the tribunal, shall give to the witness a certificate, that he claims the right to be excused from answering on the aforesaid ground, and made full and true answers to the satis- 7 ae of the judge, commissioner or tribunal. 38 V.¢. 2,8. 52 Chap. 3. LEGISLATIVE ELECTIONS. Lossofright | CXCIV. Every elector who, at any election, shall have been nO Sele guilty of corrupt practice,or who shall have been a party to the commission of such act, shall ipso facto be deprived of his right to vote at such election. 88 V.c. 2, s. 211. Votes struck == CXCV. On the trial of any election petition, there shall be : struck off from the number of votes given tor arty candidate, one vote for each person who shall have been proved to have voted, after having been guilty of corrapt practice, at the in- stigation of the candidate, or of one of his agents, or of any person acting in the name or in the interest of such candidate. 38 V.c. 2,8. 212. Consequence CXOVI. Ifit is proved before any court, or judge for the ofcommission , . : “le : ofcorrupt _ trial of election petitions, that any corrupt practice has been pragtice bY 2 committed, by, and or with the actual knowledge and consent of any candidate at an election, his election, if he has been elected, shall be void; and such candidate shall, during the Incapacity. seven years next after the date of such decision be incapable of being elected to, and of sitting in the Legislative Assembly, and of voting at any election of a member of that House, or of holding an office in the nomination of the Crown, or of the Lieutenant-Governor in the Province. 38 V. c. 2,8. 213. Treorrupt. ,y _ CXCVII. If it is found by the report of any court, or judge agent. for the trial of election petitions, that any corrupt practice has been committed by any one or more of the agents of any can- didate at'an election, with the actual knowledge and consent of such candidate, or his connivance, the election of such candi- date, ifhe has been elected, shall be void. 38 V. c. 2, 5, 214. Engagement OXCVIII. If, on the trial of any election petition, any can- Sieedy con- didate is proved to have personally engaged at. the election to ee Oe, wren such petition relates, as a canvasser or agent in relation to the election, any person, knowing that such person has, within eight years previous to such engagements, been found guilty of any corrupt practice, by any competent legal tribunal, or by the report of any judge or other tribunal for the trial of election petitions, the election of such candidate, if he has been elected, shall be void. 38 V. ¢, 2, s, 215. ( , Incapacity.of CXCIX. Any person other than a candidate, found guilty of Peited of cor-any corrupt’practice in any proceeding in which, after notice ruptipractice. of the charge, he has had an opportunity of being heard, shall during the seven years next after the time at which he is found guilty, be incapable of being elected to, and of sitting in the Legislative Assemby, and of voting at any election of a mem- ber of such House, or of holding any office in the nomination of the crown, or the Lieutenant-Governor in the Province. 38 Vie. 2,8. 216. Cessaiionof CC. If at any time after any person has: become disqualified incapacity: i nder any of the four next preceding sections, the witnesses, or LEGISLATIVE ELECTIONS. Chap. 3. 53 any of them, on whose testimony such person shall have so becomed disqualified, are convicted of perjury in respect of ° such testimony, it shall be lawful for such person to move the court before which such conviction shall take place, that such disqualifidation cease and determine ; and such court shall, upon being fully satisfied that such disqualification was pro- cured by reason of such perjury make such order ; and in pur- suance thereof such disqualification shall thereupon cease and determine. 38 V.c. 2, 5.217. CCI. Whenever it shall appear to the court or judge trying Summons to an election petition that any person has contravened any of pearing to the provisions of this Act, such court or judge may order that g3ityee™ such person be summoned to appear before such court or judge at the place, day and hour fixed in the summons for hearing the charge. 38 V.c. 2,5. 218. CCIL. If on the day so fixed by the summons the party Default. summoned do not appear, he shall be condemned on the evi- dence already adduced on the trial of the election petition, to pay such fine or undergo such imprisonment in default of pay- ment to which he may be liable for such contravention, in con- - formity with section 231. 38 V.c. 2, s. 219. CCIIT. If oa the contrary, the party so summoned do ap- Appearance. pear, the court or judge, after hearing such party and such evidence as may be adduced, shall give such judgment as to Jaw and justice may appertain. 38 V.c. 2, s. 220. -CCIV. All fines recovered under the three preceding sec- To whom the tions shall belong to Her Majesty, and shall form part of the Penalties be- consolidated fund of the Province. 38 V.c. 2,5, 221. CCV. No fine shall be imposed under sections 202 and 208, When ne pen- curred. (1.) If it shall appear to the judge or court that the party has already been sued for the same offence ; or (2.) If the evidence or admission of the offender is the only proof of the offence, 38 V.¢. 2, 5, 222, CCVI. Whosoever has been by virtue of the Acts of the When disqua-, Parliament of the Dominion of Canada rendered disqualified Pariemcutes to sit inthe House of Commons of Canada, on account of any fue fraudulent action shall not be cligible as a member of, nor shall he sit in, the Legislative Asse:ubly, nor vote at an election of a member of that House during the term of such disqualifica- tion ; neither shall he be capable of accepting any appointment from the crown or Lieutenant-Governor in the Province. 38 Vic. 2,5. 223. ELECTION EXPENSES, COVII. No payment except in respect of the personal ex- Expenses penses of a candidate at an election, and no advance, loan or M4 PY a8ent b4 Chap. 3. LEGISLATIVE ELECTIONS. deposit, shall be made by or on behalf of any candidate at an_ election, before, or during, or after such election, on account of such election, otherwise than through an agent or agents whose names and addresses have been declared in writing to the re- turning officer on or before the nomination day, or through an agent or agents to be appointed in his or their place, as provid- pppomtmented by section 209 : any person making any such payment, ad- vance, loan or deposit otherwise than through an agent ap- Penalty. pointed under-this section, or under 209 shall incur a penalty of two hundred dollars, or imprisonment for six months, in de- fault of payment. 38 V.c. 2,5. 224. , Publicationot OCCVIII. It shall be the duty of the returning officer to pub- ees lish, on or before the nomination day, the name and address of every agent appointed in pursuance of the preceding section. 38 V.c. 2,8. 225. , New agent. CCIX. In the event of the death or legal incapacity of any mo agent appointed in pursuance of section 207, the candidate ‘shall forthwith appoint another agent in his place, by ‘giving notice to the returning officer of the name and address of the person so appointed, who shall forthwith publish the same, as provided by the preceding section. 38 V.c. 2, s. 226. Delay. CUX. All persons who have any charges or claims upon any candidate for or in respect of any election; shall send in such ‘charges or claims within one month after the day of the de- claration of the election to the agent or agents of the candi- date ; otherwise such persons shall be barred of their right to: recover such charges or claims, and every or any part thereof. 38 V. c. 2, 8. 227. Delay.' CCXI. Nevertheless in the event of the death within the said month of any person claiming the amount of any charge or claim, the legal representative of such person shall send in such charge or claim within one month of his obtaining pro- bate or letters of administration, or of his becoming otherwise authorized to act as such legal representative ; otherwise the Transmission right to recover such claim shall be barred ; such claims and to thecand- accounts shall and may also be sent to the candidate, if there be no agent; and so long as there is not within the said month, by reason of death or legal incapacity, an agent of the candi- date. 38 V.c. 2, 8. 228. Approval re- CCXIH. The agent shall not pay such accounts, charges or ee claims, without having first approved them himself, and obtain- ed the approval of the candidate. 38 V.c. 2, s. 229. Statement of CCXIII. A detailed statement of all election expenses in- curred by or on behalf of any candidate, including such ex- pected payments as aforesaid, shall, within two months after the election, be made out and signed by the agent, or if there be more than one, by every agent who has paid the same, and LEGISLATIVE ELECTIONS. Chap. 3. 5d by the candidate in cases of payments made by him, and de- livered with the bill and vouchers thereto, to the clerk of the Executive Council. 38 V.c. 2, s. 230. CCXIV. If from the death of any creditor, an account has supplementa- not been sent in within the two months next after the election, "Y *#tement a supplementary statement shall be made and delivered as hereinabove described within one month after such account shall have been received. 38 V. c. 2, s, 280. CCXY. The clerk of the Executive Council shall, at the can- Publications. didate’s expense, cause to be published within fourteen days an extract of such statement, with the signature of the agent attached thereto, in the Oficial Gazette. 38 V. c. 2,8, 231. COCXVI. Any agent or candidate failing to deliver to the Penalty. clerk of the Executive Council the statements required by sec- tions 213 and 214 shall incur a penalty of two hundred dol- lars, or imprisonment for six months, in default of payment. 38 V.c. 2,8. 232. / _CCXVIL Every agent or candidate wilfully delivering unto Penalty. the clerk of the Executive Council an inaccurate statement, shall incur a penalty of five hundred dollars, or imprisonment for twelve months, in default of payment. 38 V.c. 2,8. 233. CCXVIIL. The clerk of the Executive Council shall preserve Accounts all such accounts and vouchers, and during the six months , next after they have been delivered unto him, he shall permit any elector to see and examine the same on payment of a fee of fifty cents. 38 V. c. 2).s..234. ' GENERAL PROVISIONS RESPECTING PENALTIES. CCXIX. The following persons shall be liable to a penalty Penalty. “not exceeding two thousand dollars, nor less than two hundred dollars, or imprisonment for a -period not exceeding twelve months, nor less than six months in default of payment : (1.) Whoever illegally or maliciously, either by violence or stealth, takes from a returning officer, deputy returning officer, poll clerk, or from any officer or person, having the lawful cus- tody thereof, or from the place in which they are then lawfully deposited, any list of electors, any copy of or extract from any list of electors, any poll book, any writ of election, return to a writ of election, report, certificate, affidavit, or any other docu- ment or paper prepared or drawn up in conformity with this Act, or in compliance with any of the provisions thereof ; or (2.) Hlegally or maliciously destroys, injures or obliterates them or any of them, or with deliberate purpose or malicious- ly causes them or any of them to be destroyed, injured or ob- literated ; or : , & 56 Chap. 3. LEGISLATIVE ELECTIONS, (3.) Makes, or causes to be made, any erasure, addition or in- terpolation of names in any such documents or papers ; or (4.) Aids, abets, or contributes to their being taken, de- stroyed, injured or obliterated, or to the making of erasures, additions, or interpolation of names therein, or otherwise. 38 V.c. 2,5. 285; 41 Vic. 5, s. 29, Tholtaiient io CCXX. Whoever aids, abets, or procures the commission of ‘or participation in any breach of this Act, may be prosecuted and punished as if he had committed such breach thereof him- self. 38 V.c. 2,5. 236. ’ Penalty ins CCXXJ. Every punishment by way of fine or imprisonment out prejudice imposed by this Act, shall be mcurred in addition to any “rs “punishment that may be inflicted by any Act of the Parlia- ment of Canada for the same offence or at.common law. 38 V. Ree PROSECUTIONS RESPECTING PENALTIES IMPOSED BY THIS AcT. Whomaysue. CCXXII. Every prosecution concerning a penalty imposed by this Act, may be brought by any voter inthe Province in his own name, by action of debt before any court having civil jurisdiction for the amount demanded. 38 V. ¢. 2, s. 238. Allegations. § CCOXXIIT. It shall be sufficient for the plaintiff in such ac- tion or prosecution to allege in the declaration that the defen- dant is indebted to him inthe sum of money which he de- mands, that the offence for whith the action or prosecution is instituted has been committed, and that the defendant has acted in contravention of this Act, without mentioning the writ of election or the return thereto. 38 V. c¢. 2,8. 239. Affidavit. CCXXIV. No such prosecution shall be instituted, unless with the preecipe or demand of summons, there be produced and filed an affidavit of the plaintiff, drawn up in accordance with form Z, in the schedule to this Act. 38 V.c. 2,5. 240. General evid- CCXXYV. It shall not be necessary at the trial of such suit : against election officers to produce the writ of election, or’ the return thereto, nor the authority of the returning officer, but parol evidence of these facts shall be sufficient proof of the- same. 388 V.c. 2,8, 241. Certifeate ot COXXVI. The certificate of the returning officer to that ef- ret. officer. fact, shall constitute sufficient proof of the election having been held, and of the fact of any person therein stated to have been a candidate, having been such candidate. 38 V.c. 2, s. 241. aoe oe CCXXVIL The amount of any penalty which a defendant elong. shall be condemned to pay, shall belong to the prosecutor, with the exception of cases mentioned in clauses 201, 202 and 203. 38 V. ¢: 2, 8. 242. * LEGISLATIVE ELECTIONS. Chap. 3, 57 CCOXXVIIL Unless for special reasons the court deems it Costs. advisable to order otherwise, the party failing in any such prosecution shall bear the costs thereof, and if such party is the defendant, the costs shall be payable over and above the pen- alty imposed. 38 V.c. 2, s. 243. COXXIX. Every action or prosecution brought in virtue of Limitation, this Act shall be instituted within twelve months next after the commission of the offence and not later unless the deten- dant has by absconding, withdrawn himself from the jurisdice tion of the court ; such action or prosecution once begun shall Continuation be continued and prosecuted without wilfull delay. 38 V.c. 2, ings. 8, 244), ; CCXXX. In the event of suspension or delay at any stage Intervention, of the proceedings, the judge or court before whom the cause is pending, may permit one or more persons to intervene and carry on such proceedings to judgment and execution ; and in that case the penalty and costs shall belong to the intervening party, who shall cause the same to be levied. 38 V.c. 2,5. 245, CCXXXI. If it appear by a return to a writ ot execution, Imprison- Z or by the subsequent proceedings, that the defendant condemn- Getauttor ress ed to a penalty and costs, has no property, or that his property ™*™ is insufficient to satisfy the judgment, such defendant shall, in . virtue ofa writ to that end issued by order of the court or of any judge, be imprisoned during the whole period of time specified in the provision of this Act, under which the penalty was imposed ; nevertheless the defendant may ;rocure his re- Discharge. lease from such imprisonment by paying in full the amount of the penalty and interest, together with the costs incurred, as well before as after judgment. 38 V. c. 2, s. 246. CCXXXII. A copy of this Act, and of the instructions ap- pistripution proved by the Lieutenant-Governor in Council which may be ot t#isActand necessary for the due conduct of elections under this Act, with ° a detailed alphabetical index placed in the beginning thereof, for the returning officer, and one for each of his deputy return- ing officers, shall be transmitted, together with the writ of election, to each returning officer in the Province. 38.V.c. 2, 8. 252, LEGISLATIVE ELECTIONS. 4 Chap. 3. 58 (eq Aeur ose otf) Se “TOTO qedroranyy 10) ‘IoyeouNUy “gq “VW 10 ‘ON UOSIAL(T eer oY} UE S1O}OA OT} JO 9ST yoa1109 B ST GAO’ OY} FBY} 4314109 T SCHEDULE TO FORMS TO THIS ACT. Non-resident. Resident. t ‘easy | dy, | veg] “ysueg | “407 ‘da1dITVoO TYAN “prem ; “UMOT) . ‘Koamg ysueg | . ; 10 Aq) BoA SA qupmeyyes pio) —— | CaLMITVN0 MOH ‘NOLLVd D000 ANVN 10 ‘ON WOISTAIY [BAOPOO[ IOF 81090 A JO YSTT (9g woynag wr pouoyuept)—V WOT LEGISLATIVE ELECTIONS. ; Chap. 3. FORM B. & A (Mentioned in Section 39.) CANADAS - Province of Manitoba, } County Court of County of REVISION OF THE ELECTORAL LISTS UNDER “THE ELECTION ACT.” Public notice is hereby given, that the next term for the: holding of the county court for the county of shall be held (describe the place where the court is to held) on the day next, at ten o'clock in the forenoon, when the revision of the electoral lists of the electoral divi- sions within the jurisdiction of this court shall be. proceded with by the said court. All persons being electors, or claiming to be such, wishing modifications in any of such electoral lists are notified to give at least fifteen days’ or other reasonable notice in writing before the sitting of the court to the under- signed of their intention to do so, and shall have to be present at the place, date, and time aforesaid, either in person or by agent with their witnesses and papers, to have their claims de- cided according to law. A.B, : Clerk of the county court for , (Place of clerk's office and date.) FORM. C. (Mentioned in Section 76.) WRIT OF ELECTION. CANADA,—PROVINCE OF MANITOBA. VicToRIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen Defender of the Faith. To the sheriff (registrar or other returning officer as the case may be) of the county (as the case may be) of GREETING : Whereas by the advice of our Executive Council, of our Province of Manitoba, We have ordered a Parliament to be holden at Winnipeg on the day of next, (omit this preamble in the case of a special election.) We command you that, notice of the time and place of elec- 59 60 4 a Chap. 3. LEGISLATIVE ELECTIONS. tion being duly given, you do cause election to be made accord- ing to law, of a member to serve in the Legislative Assembly of our said Province of Manitoba, for the electoral Division of (except iu case of a special election, im- sert here: in the place of deceased, ov otherwise stating the cause of vacancy); and that you do cause the nomination of candidates at such election to be held on the day of next, and do cause the name of such member, when so elected, whether he be present or absent, to be certified to our clerk of the Execu- tive Council on or before the day of next. In testimony whereof, we have caused these Our Letters to be made patent and the Great Seal of our said Province of Manitoba to be hereunto affixed. Witness, our trusty and well beloved, ete, Lieutenant-Gov- ernor (or Administrator of the Government) of our Province of Manitoba, at the day of in the year of Our Reign, and in the year of Our Lord, I8 : (By Order,) Clerk of the Executive Council of Manitoba. (Indorsement on writ by the returning officer.) Received the within writ on the day of 18 (Signed,) A. B, Sheriff or (as the case may be) Returning Officer. FORM D. (Mentioned in Section 78.) OATH OF THE RETURNING OFFICER. I, the undersigned, A. B:, returning officer for the electoral division of , solemnly swear, (or, if he be one of the persons permitted by law to affirm im civil cases,) solemnly affirm that I am legally qualified, according to law, to act as returning officer for the electoral division of and that I will act faithfully in that capacity, without partial- ity, fear, favor or affection. So help me God. : (Signature,) A. B, Returning Officer. LEGISLATIVE ELECTIONS. Chap. 3. FORM E. (Mentioned in Section 78.) CERTIFICATE OF THE RETURNING OFFICER HAVING TAKEN THE OATH OF OFFICER. I, the, undersigned, hereby certify that on the day of the month of ,18 ,A.B,, the return- ing officer for the electoral division of took and subscribed before me the oath (or affirmation) of office in such case required of a returning officer by section 52 of the Manitoba Election Act. In testimony whereof, I have delivered to him, this certifi- cate under my hand. (Signature,) Ss C.D, Justice of the Peace. FORM F. (Mentioned in Section £0.). COMMISSION OF AN ELECTION CLERK. To E. F,, (set forth his legal addition and residence.) Know you that in my capacity of returning officer for the electoral division of , I have appointed and do hereby appoint you to be my election clerk, to act in that capacity according to law, at the approaching’ election accord- ing to law, for the said electoral division of which election shall be opened by me on the day of the month of 18 Given under my hand, at , this day of the month of , 1n the year (Signature,) A. B,, Returning Officer. ~ FORM G. (Mentioned vn Section 81.) OATH OF THE ELECTION CLERK, I, the undersigned, E. F., appointed election clerk for the -electoral division of solemnly swear or 61 62 Chap. 3. LEGISLATIVE ELECTIONS. (if he be one of the persons permitted by law to affirm in civil cases solemnly affirm) that I will act faithfully in my said capacity as election clerk, and also in that of returning officer, if required to act as such, without partiality, fear, favor or affection. So help me God. (Signature,) E. F., Election Clerk. FORM H. (Mentioned th Section 81.) CERTIFICATE OF THE ELECTION CLERK HAVING TAKEN THE OATH OF OFFICE. : I, the undersigned, hereby certify that on the day of the month of 18 ,E.F,, election clerk’ for the electoral division of took and subscribed before me the oath (or affirmation) of office required in such case of an election clerk. In testimony whereof I have delivered to him this certificate under my hand. (Signature,) C. D., Justice of the Peace. or A. B,, Returning Officer. FORM 1. (Mentioned in Section 88.) Proclamation of the returning officer, declaring the time and place fixed for the nomination of candidates, and also the day for opening the poll, and the polling stations and poll- ing sub-division. PROCLAMATION, Electoral division of to wit: Public notice is hereby given to the electors of electoral division of that, in obedience to Her Majesty’s writ to me directed, and bearing date the day of the month of , 18 , 1 require the presence of the electors of this division at (describe the place where the nomina- LEGISLATIVE ELECTIONS. Chap. 3. tion is to take place) in the county (or township, or in the city or town of, or other locality, as the case may be), of on the day of the month of in the year 18 , from noon until one of the clock in the afternoon for the purpose of nominating a person to represent them in the Legislative Assembly of the Province of Manitoba ; and that in case a poll become necessary and be held in the manner, by law prescribed, such poll will be open on the day of the month of in the year of from the hour of nine in the morning till four of the clock in the afternoon, in each of the polling sub-divisions, that is to say’ For the polling sub-division No. 1, (or other designation) consisting of (or bownded as follows, or otherwise describing i clearly) at (describing the polling station.) (And so continuing for all the other polling sub-divisions and stations in the electoral division.) Of which present proclamation all persons are hereby re- quired to take notice and to govern themselves accordingly. Given under my hand at this day of the month of in the year 18 (Signature), A.B, Returning Officer. FORM J. (Mentioned in Section 93.) NOMINATION PAPER. We, the undersigned electors of the electoral division of ; , hereby nominate (names, residence, and occu- pation of the person nominated) as a candidate at the election now about to be held of a member to represent the said elec- toral division, in the Legislative Assembly of the Province of Manitoba. In witness whereof, we have signed at in the said electoral division, this day of 18 (Signatures or marks with residence and ocewpations.) Signed by the said electors in presence of (name, occupation and residence.) (Signature), 63 64 Chap. 3. LEGISLATIVE ELECTIONS. I, the said , nominated in the foregoing nomina- tion paper, hereby consent to such nomination. Witness my hand at this day of 18 (Signature), Signed by the said in the presence of (Signature), FORM K. (Mentioned in Section 101). OATH OF ATTESTATION OF THE NOMINATION PAPER AND OF THE CONSENT OF THE CANDIDATE. I, A. B., of (profession) solemnly swear (or if he, be one of the persons permitted by law to affirm in civil cases, solemnly affirm) that I know (mentioning the names of the signers known to him) and that they are duly qualified as electors of the electoral division of to vote at an election of a member to serve in the Legislative Assembly of the Province of Manitoba, and that they respectively signed the foregoing (or annexed) nomination paper with their signa- tures (or marks, as the case may be) in my presence ; and fur- ther (if the case be so) that I know the said thereby nominated as a candidate, and that he signed his consent to the nomination in my presence. (Signature), Sworn (or affirmed) before me at this day of 18 (Justice of the Peace.) * [This form may be varied according to circumstances, the intention of the Act being complied with.] FORM L. (Mentioned in Section 107.) RETURN To BE MADE WHEN THERE IS ONLY ONE CANDIDATE, I hereby certify that the member elected for the electoral LEGISLATIVE ELECTIONS. _ Chap. 3. 65 division of in pursuance of the annexed writ is ; of in (as the nomination paper) no other candidate having been nominated, (or the other candidates haw- ing withdrawn, as the case may be.) . (Signed), As Hs Returning Officer. FORM M. (Mentioned in Section 116.) NOTICE OF POLLS BEING GRANTED AND OF JANDIDATES NOMINATED. Novice. Electoral division of , to wit: ‘ Public notice is hereby given to the electors of the electoral division aforesaid, that a poll is necessary for the election now pending for the said electoral division, and that such poll shall be in consequence opened : and further, that the persons duly nominated as candidates at such election, and for whom alone votes shall be received, are: (1.): John Smith, of the parish of Ste, Anne, county of Pro- vencher, merchant ; (2.) Joseph Meunier, of Winnipeg, 3 post office street, bar- rister ; (3.) George Walsh, of the parish of St. James, county of Selkirk, farmer ; (4.) Joseph Richard, of Portage la Prairie, county of Mar- quette, surveyor. (As in the nomination papers.) Of which all persons interested.are hereby required to take notice and govern themselves accordingly. Given under my hand, at this day of 1 (Signature), ; A.B, Returning Officer. 66 Chap. 3. LEGISLATIVE ELECTIONS. FORM N. (Mentioned in Section 117.) COMMISSION OF DEPUTY RETURNING OFFICER. To G. H. (insert hos legal addition and residence.) Know you, that in my capacity of returning officer for the electoral division of , | have appointed, and do here- by appoint you to be deputy returning officer for the polling sub-division No in the electoral division of there to take and record the votes of the electors according to law, at the polling station to be by you opened and_held for that purpose ; and you are hereby authorized and obliged to open and hold the poll for such election for the said polling sub-division, on the day of the month of — instant 01 next (as the case may be) at nine of the clock in the forenoon, at (insert here detailed description,of the place where the poll must be held) and there hold the said poll during the hours required by law ; and there take, record, and register the votes of the electors voting at the said polling sub-division ; and after counting the votes given, and performing all other and every duties required of you by the law, to return to me forthwith the poll book, voters’ list and all other documents required by law, together with this commission. Given under my hand at this day of in the year 18 (Signature), A.B, Returning Officer. s FORM 0. (Mentioned in Section 119.) OATH OF DEPUTY RETURNING OFFICER. 1, the undersigned, G. H., appointed deputy returning officer for the polling sub-division of (description of the sub-division) in the electoral division of ; solemnly swear (or if he be one of the persons permitted by law to affirm im civil cases, solemnly affirm) that I will act faithfully, in my said capacity of deputy returning officer without partiality, . fear, favor, or affection ; So help me God. \ (Signature), G. H, Deputy Returning Officer. LEGISLATIVE ELECTIONS, Chap. 3. FORM P. (Mentioned in Section 119.) CERTIFICATE OF DEPUTY RETURNING OFFICER HAVING TAKEN THE OATH OF OFFICE, I, the undersigned, hereby certify that on the day of the month of 18 , G. H., deputy returning officer for the polling sub-division of (description of the swb- division) in the electoral division of took and sub- scribed before me the oath (or affirmation) of office required in such case of a deputy returning officer, by the election Act. In testimony whereof, I have delivered to him this certificate under my hand. (Signature), C. D., Justice of the Peace, or : ; A. B,, Returning Officer. 67 fe 68 Chap. 3. Section 143. oned in ti FORM Q.—(Men Pott Book For ELEcTORAL Division No...... Ss LEGISLATIVE ELECTIONS. Remarks. “soueU eu aL Pee eABy S19q0 Jeqye Sut -JOA SIOPOTY “USATS soj0A pues seyeprpueg “ULI? Io yyeo Sut -SNJOI 91940 A “peuLlyye IO TLIOMY . Aq 04 peqoalgg ‘squedna0¢Q 10 SIOUMO Electoral Sub-Division. No. Residence. Occupation. Names of Voters “TOquaNn NY Electoral Division No. A.B, Poll Clerk. day of 18 This LEGISLATIVE ELECTIONS. Chap. 3. 69 FORM R. (Mentioned im Section 122.) _ COMMISSION OF A PoLL CLERK. To I. J., (insert his legal addition and residence.) Know you that in my capacity of deputy retuming officer for the polling sub-division of (description of sub-division) in the electoral division of Thave appointed and do hereby appoint you to be poll clerk for the said polling sub-division of (deservption of the sub-division) in the electoral division of Given under my hand at , this day of the month of in the year (Signature,) 7 G. H,, Returning or Deputy Returning Officer. FORM 6. (Mentioned in Section 124. OaTH oF A PoLL CLERK. I, the undersigned, I. J., appointed poll clerk for the electoral division of, or the polling sub-division of (deseryption of sub- division) in the electoral division of , do solemnly swear (or if he be one of the persons permitted by law to affirm in civil cases, do solemnly affirm) that I will act faith- fully in my said capacity of poll clerk, and also in that of deputy returning officer, if required to act as such, according to law, faithfully, without partiality, fear, favor or affection. So help me God. (Signature,) Te dis Poll Clerk. FORM T. (Mentioned in Section 125.) CERTIFICATE OF THE ELECTION CLERK HAVING TAKEN THE OATH OF OFFICE. I, the undersigned, hereby certify that on the 70 Chap. 3. LEGISLATIVE ELECTIONS. day of the month of 18 ,IJ.J., poll clerk, for the electoral division, or the polling sub- division of (description of sub-division) in the electoral division of , took and subscribed before me the oath (or affirmation) of office required of a poll clerk in sich case, by the Election Act. In testimony whereof I have delivered to him this certificate under my hand. (Signature,) C. D,, Justice of the Peace. or A. B, Returning Officer or G. H., Deputy Returning Officer. FORM U. (Mentioned in Section 128.) CoMMISSION OF A Pott CLERK BY PoLL CLERK ACTING AS RETURNING OR DEpuTY RETURNING OFFICER. To of (insert his residence and occupation.) Know you that in my capacity of acting returning officer or (as the case may be) deputy returning officer for the polling aD division of the electoral division of in consequence of the decease (or i capaci- ty i act, as the case may be) of the deputy returning officer for the said polling sub-division, whose poll clerk I was, I have appointed and do hereby appoint you to be poll clerk for the said polling sub-division of of the said electoral division. Given under my hand at this day of in the year 18 (Signature,) LJ, Poll Clerk, acting as Returning or Deputy Returning Officer. [The oath and certificate of its having been taken will be the same as in the case of a poll clerk appointed by the return- ing or deputy returning officer.] , LEGISLATIVE ELECTIONS. Chap. 3. FORM V. (M entioned in Section 155. OATH oF THE DEPUTY RETURNING OFFICER AFTER THE CLOSING OF THE POLL. I, the undersigned, deputy returning officer for the polling sub-division of No. do solemnly swear or affirm (as the case may be) that to the best of my knowledge and belief the poll book kept for the said polling sub-division, under my direction, hath been so kept correctly (and if not, state the facts briefly); and that the total number of votes polled in said book is ; and that A. B.,” one of the candidates has received votes; and that the said A. B.’s majority is votes; and that to the best of my knowledge and belief, such poll book contains a true and exact record of the ‘votes given at the said polling station or sub-division, as the said votes were taken thereat, and that the said poll book together with the electoral list used at the election, and all other election documents, have been by me collected together, to be with this affidavit tran- ‘smitted to you according to law. .O. D., Deputy Returning Officer. To G. F., Returning Officer. Sworn before me this day of 18 » at E. F., Justice of the Peace, or Returning Officer. FORM W. (Mentioned in Section 155.) OATH OF THE RETURNING OFFICER AFTER THE CLOSING OF THE POLL SUB-DIVISIONS AND THE DELIVERY INTO HIS HANDS OF ALL THE POLL BOOKS AND RETURNS OF THE DEPUTY RETURNING OFFICER. I, the undersigned, returning officer for the polling division of the electoral division of , do solemnly swear or affirm (as the case may be) that the poll books kept for the said electora] division under my direction have been so kept correct- _ ly (if not, brief statement of fucts to be made here); and that the total number of votes polled in said books is and that A. B., one of the candidates, has received votes ; and that the said A. B.’s majority is votes ; and that to the best of my knowledge and belief such poll books contain 71. 2 Chap. 3. . LEGISLATIVE ELECTIONS. a true and exact record of the votes given at the said polling station as the said votes were taken thereat ; and that the said poll books, together with the electoral lists used at the election, the returns of all the deputy returning officers, and all other election documents, have been by me collected together, to be forthwith with this affidavit transmitted to the clerk of the Executive Council according to law. C. D., Returning Officer: To E. F. Clerk of the Executive Council. Sworn before me at this day of 18 G. H., Justice of the Peace. i _-—— FORM X. (Mentioned vn Section 156.) ATH OF THE POLL CLERK AFTER THE CLOSING OF THE POLL. the undersigned, poll clerk for the electoral division of or polling sub-division of the electoral division of (as the case may be), do solemnly swear or affirm that the poll book in and for the said polling station or sub-division No. , kept under the direction of C. D., who has acted as returning or deputy returning officer therein, has been so kept by me under his direction as aforesaid, cor- rectly and to the best of my skill and judgment; that the total number of votes polled in the said book is , and that to the best of my knowledge and belief it contains a true and exact record of the votes given at the said polling station or sub-division No. as the said votes were taken at the said poll by the returning officer. A.B. Poll Clerk. To C. D., Returning Officer. Sworn before me at this day of 18 E. F. Deputy Returning Officer, or G. H., Returning Officer, or L J, Justice of the Peace. LEGISLATIVE ELECTIONS. Chap. 3. FORM Y. (Mentioned in Section 156.) CERTIFICATE OF ELECTION. I hereby certify that the member elected for the electoral division of in pursuance of the writ of election in that behalf to sit in the Legislative Assembly of this Province in Legislature thereof, having received the majority of votes lawfully given is A. B,, &, (name in full, &c, as in the nomination papers.) C. D., Clerk of the Executive Council. FORM Z. (Mentioned in Section 224.) CANADA: Province of Manitoba, In the Court of County of I, A.B, of (éz., and addi- to wit: tion) make oath and say as follows : 1, Iam about to bring an action against C. D. of &e., (and addition) to recover for or on account of the said C. D. having (state what the officer or cause of action is substantly.) 2. Tam not acting in collusion with the said C. D., nor for the purpose of preventing proceedings being instituted by any other person ; nor for the purpose of delaying or embarrassing any such proceedings ; nor for the purpose of favoring the said C. D. in respect of the said cause of action or otherwise howsoever. 3, On the contrary I am about to institute proceedings against the said C. D. in good faith and for the purpose of re- covering in the action 1 am about to institute with all possible ° expedition, and I shall proceed in the said action accordingly. in the county of Sworn before me at A. B. this day of 18 A Commissioner, &c. 73 74 Chap. 4. CONTROVERTED ELECTIONS. CHAPTER IV. An Act respecting the trial of Controverted Elections in Manitoba. How this Act may be known and cited, 8.1. Elections subject to the provisions of this Act, s. INTERPRETATION OF WORDS AND PHRASES— f Meaning of the word ‘‘judge,” s. 3, subs. 1. . Meaning of the word “member,” s. 3, subs, Meaning of the word “election,” s. 3, ‘ Meaning of the yard “electoral divi- sion,’’s. 8, subs. 4. Meaning of the word “candidate,” s. 3, subs. 5. Meaning of the words “ corrupt prac- tices,’ s. 3, subs. 6. Meaning of the word “rule” s. 3, subs. 7. Meaning of the word “prescribed,” s. 3, subs. Meaning of the word “prothonotary,”’ s. 8, subs. 9. Meg ning of the words ‘‘The Speaker,”’ Meaning of the words “election peti- ion,’’s. Time or day falling on a holiday, s. 6. " JURISDICTION— Court of Queen’s Bench, s. 7. Venue of cause of action, s. 8 Where petition shall be presented, s. 8. Where tried, s. 8. Judge to have same jurisdiction at the court, s. 9. Precedence of proceedings, s. 10. Officers of the court—powers and | duties,s. 11. Judges to make rules, s. 12. Force of rules, s. 13. Rules to be laid before Legislative As- sembly, s. 14. Practice in election petitions, s. 15. PRESENTATION OF PETITION— y whom may be presented, s. 16. Form of yee 8.17. a petition must in all cases do, s By.irhom petition must be signed, ». Time ip which petition must be pre- sented, s. 20. Exception as to corrupt practice in certain cases, 8. 21. a and where petition to be present- ed, 5 Security to be given, s. ae Amount of security, s. eee of petition to ie published; 8. te persons may be respondents, When returning officer and deputy to be deemed respondents, 8. Aveoptance or resignation or death ar to petition, s. 28. Petition not affected by prorogation or dissolution of Legislature, s..29. If one or more petitioners refuse or neglect to proceed, others may, § Duty of foe as ta registra- tion of lists, s. 31. Copy of lists to be kept in his office, s , All petitions relating to the same election or return to be dealt with as one, s. Barrister entitled to practice in case of election petitions, s, 34. SERVICE— Respondent to be served with copy of petition, s. 35. Time of service, s. 35. Within longer time if granted by judge, s. 36. If ‘personal service cannot be effect- Service as a writ of summons in civil matters, 8. PRELIMINARY OBJECTIONS— Ps Respondent may produce objections within five days, Ss. Judge to hear and decide upon, s. 40. CoNTESTATION ON THE MERITS. If objections not allowed SDS Wee may be filed, s. 41. Petition at issue and judge may fix time and place for trial, s. 42. TRIAL— Order of trial of petitions, s. 43. Petition to be tried as to questions of fact by a judge, asto law by the court, s. 44. Where trial shall take place, s. 45. eiwitee of time and place of trial, s. Judge may ADE CMRP clerk—powers and duties of whom, s. Power of Baro baneit as'to time and place, s. 48. Manner of taking evidence of wit- nesses, Ss. 49. Judge to have power to compel atten- dance of witnesses, 8. 50. ‘Witnesses refusing, s. 51. Judge may interrogate, s. 52. J udge may employ short-. ‘hand writer, No person excused from answering, Rewsonavls and lawful expenses of witness, s Charges of corrupt practices may be gone into before prooi of participa- tion, s. 56. What evidence against other candi- dates respondent may give, s. 57, In what manner, judge shall be re- ceived and attended, s. 58. Expenses of judge,s. 59, Powers of judge, s. 60. SPECIAL EXAMINATION OF THE PAR- TIES AND OTHER PERSONS. Petitioner or respondent may be ex- amined before or at the trial of the petition, s. 61. A party may be further examined on his own behalt s. 62, Other parties interested may be ex- amined, s. 63. Explanatory examination when, s. 64. When seat claimed by party not Pare to petition, may be examined, s. 65. Examination before whom. s. 65. Counsel may be present, s. 67. Cross-examination, s. 68. Subpoena for examination, 8. 69, Parties bound to appear, 8.70. Sheriff when ordered how to act, s. 71. 48 hours’ notice of examination, s, 72. Refusal to answer questions, s. 73. INTERPRETATION, Objections—how dealt with, s. 74. Deposition—how taken, s. 75. Examiner—how to act, 8. 76. Questions and answers may be both ut down in writing, 8.77. é Oo sented to—to be noted by examiner, s Depositions—to whom transmitted| and copies, s. 79. If any used on hearing whole may be, 8 PRODUCTION OF DoCUMENTS— Order may be obtained, s. 81. Order of course, s, 82 Personal service not necessary, Ss. 83, Affidavit on production, s. 84. Neglecting or refusing to obey order, s Inspection of documents produced, s. 86. Priviledged or excepted documents, s. 87. Judge to make final decision of case. § When’ corrupt practice, judge to tran- smit written report, s. 89. Peport to betransmitted to Speaker 8. 90. Question may be stated as special __ case, 8. 91. . Judge may postpone granting certifi- cate, s. 92. APPEAL— Petition to be heard by the court, s. 93. Notice to be given, s. 93. ear appealing may limit subject, s. . Judgment. &c., 5. 93. WITHDRAWAL OF PETITION, &C.— Petition not discontinued without leave,s. 94. Application to discontinue notice, s. 1. NoMee to be published in Gazette, s. ao Application to judge or court, s. 96. oe applicant may be substituted, s ey Security in such case, s. 98. Conditions, s. 69. Costs, when petition withdrawn, s. Chap. 4. If more petitioners than one consent of all, s. 101. Judge or court may report opinion, s. 102. On neglect or refusal of petitioner to proceed, judge may appoint substi- tution, s. 103. Beton abate by death of petition- er,s. 104. Abatement shall not affect Mability for costs, §. 105. . Tous of abatement to be published, 8. 106. Any peraen may apply to be substitu- ed, s. 107. The judge or court may substitute, s. 108. Substitute to give security, s. 108. Death—Seat vacant. &c., 8. 109. . In such ease application to be substi- tuted, s. 110. No more than three persons to be so substituted, s. 111. Barone substituted liable for costs, s. When adjournment shall be had, s. Judge shall report to Speaker, s. 114, Respondent in such case not to act, &e., s. 115. Double return—petition may be with- drawn, Ss. 116. DUTIES OF SPEAKER— Sposker shall at once act on report, s. He shall communicate report to the Legislative Assembly, s. 118. The case of a special report, s. 119. Costs— Costs fixed by the judges, s. 120. Expenses and fees, &c., 8. 121. By whom payable, s. 122. J ndee or court may disallow costs, s. Costs—how to be taxed, s. 124. Costs if awarded against petitioner, s. 23. Production of recognizance equival- ent to signing judgment, s. 126. Form mentioned in sec 84. Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enact as follows : INTERPRETATION. I. This Act may be known, designated and cited as ~The Title. Manitoba Controverted Elections Act.” 388 V.c1,s8. 1. 75 ‘ IL. All elections for the Legislative Assembly of Manitoba, Plecttons sil shall be subject to the provisions of this Act, and their validity jonsor this shall only be contested in conformity with the provisions of 4° this Act. 28 V.e.1,s. 2. III. In interpreting this Act, unless it be otherwise provided, Interpreta- 7 , z . . . . i or unless there be something in the context thereof indicating °™ a different meaning, or requiring another construction : (1.) The word “judge” means any one of the judges of the court of Queen’s Bench of the Province ; 76 Idem. Election peti- tion. ‘When delay to be extend- ed. Chap.4. | INTERPRETATION. Z (2.) The word “member” means any person elected to serve as one of the members of the Legislative Assembly of the Pro- vince ; (3.) The word “election” means the election of a member to serve in the Legislative Assembly of the Province ; (4.) The expression “electoral division” means any county, or other place or portion of this Province, entitled to return a member to the Legislative Assembly ; (5.) The word “candidate” means the person elected as mem- ber at any election, and any person nominated as a candidate at such election ; (6.) The term “corrupt practice” means any act declared such by any of the provisions of chapter three of the Consolidated Statutes of Manitoba, or by any other Act or provision of law ; (7.) The expression “rule” means all rules to be made as prescribed by section 12 of this Act; (8.) The word “prescribed” means prescribed by this Act, or ordained by some rule mace under this Act; ‘ (9.) The word “prothonotary” includes the “deputy protho- notary.” 38 V.c.1,s. 3. IV. For the purposes of this Act, the expression “the Speak- er” means the Speaker of the Legislative Assembly ; when the office of Speaker is vacant; or when the Speaker is absent from the Province, or is unable to act, the clerk of the Legislative Assembly, or any other officer for the time being discharging the duties of the clerk of the Legislative Assembly, shall be deemed to be subsyituted for and included in the expression “the Speaker.” 38 V.c. 1, s. 4 V. An “election petition” is a petition complaining of an undue return, or undue election of a member, or of no return, or of a double return, or of any unlawful act by any candidate not returned, by which he is alleged to have become disquali- fied to sit in the Legislative Assembly,or of the conduct of any returning or deputy returning officer. 38 V.c.1,s. 5. VI. If the time or day appointed by this Act for the institu- tion of any proceeding, or the accomplishment of any matter, expires or falls upon a holiday or a Sunday, such time or days shall be extended to the next following day, not a holiday nor a Sunday, and such matter may be performed on such follow- ing day. 38 V.c. 1,58. 6. Ss JURISDICTION. Chap. 4. 77 VIL. The court of Queen’s Bench of this Province shall have court of jurisdiction over election petitions, and over all proceedings to aaeen Ties be had in relation thereto, subject, nevertheless, to the provi- diction. sions of this Act. 38 V.c. 1,5. 7. VIII. The cause of action shall be deemed to have arisen at Gauseof ace the place where the election was held; but the election peti- where to be tion shall be presented at Winnipeg, and shall be tried in the” place determined in conformity with provisions hereinafter contained. 38 V.c. I1,s. 8. IX. In all proceedings had under the authority of this Act, Tae to have the judge in term or vacation in chambers, shall have the’™*"°°™ saine powers jurisdiction and authority.as the court of Queen’s Bench sitting in term, subject always to the provisions of this Act. 38 Vicil,s. 9. ‘ X, Proceedings had under this Act, shall have precedence ey over all other causes or proceedings. 38 V.c. 1, s. 10. XI. The various officers of the court of Queen’s Bench shall, Powers of of- with reference to all election petitions, have the same powers and be subject to the same duties and obligations, as if such petition were an ordinary proceeding within the jurisdiction of the court of Queen’s Bench. 38 V.c1, s. 11. XII. The judges of the court of Queen’s Bench, or a majori- Court of ty of them of whom the Chief Justice shall be one, may, from $2ee?’S,., time to time, make, revoke, or alter general rules or orders for gee Bie the effectual execution*of this Act and of the intention and andorders. object thereof, and the regulation of the practice and proce- dure with respect to election petitions, and the trial thereof, and the certifying and reporting thereof, 38 V.c¢ 1, s. 12. XIII. Any rule made in virtue of the next preceding section Rule within and not inconsistent with this Act, shall be deemed to be with- P°We™so! Act in the powers conferred by the provisions of this Act, and shall, until revoked, have the same force as the provisions hereof. 38 V.c 1,5. 13. XIV. A copy of all rules, and of all modifications made to veces therein under section twelve of this Act, shall be laid before 4ssembly. the Legislative Assembly within three weeks after they are made, if the Legislature be then sitting; and if the Legislature be not then sitting, within three weeks after the then next session of the Legislature. 38 V.c. 1, s. 14 XV. Until rules have been made in pursuance of this Act, a aelecean ge and in all cases unprovided for by such rules when made, the House ofCom- principles, practice and rules on which election petitions ooo touching the election of members of the House of Com- mons of Canada then in force, shall be observed, so far as 78 Chap. 4. PRESENTATION OF PETITION. consistently with this Act, they may be so observed. 38 V. ¢. 1, s. 15. PRESENTATION OF THE ELECTION PETITION. of election pe- XVI. An election petition may be presented : A1t10ON. (1.) By one or more electors who Lad a right to vote at the election to which the petition relates; or (2.) By one or more candidates at such election. 38 V. c. 1, s. 16. Form of peti: XVII. The petition may be in any prescribed form ; but, if, tion. . ° . : é or in so far as no form is prescribed, it need not be in any par- ticular form. 38 V.c. 1, s. 17. Petition,what XVIII. The petition must, however, in all cases, complain para st °°" of the undue election or return of a member or that no return has been made, or that a double return has been made, or of matters contained in any special return made, or of some un- lawful act, by a candidate not returned, by reason whereof he may become ineligible, or of the unlawful conduct of any re- turning or deputy returning officer. 38 V.c. 1,8. 18. Tobesigned XIX. The petition shall be signed by the petitioner, or if es. there are more than one, by all the petitioners. 38 V.c. 1,5. 19. aime sfnte. XX. The petition must be presented within thirty days petition after after the day of publication in the Gazette of Manitoba of the publication. notice of election by the clerk of the Executive Council, under the provisions of chapter three of the Consolidated Statutes of Manitoba. 38 V.c. 1, s. 20. Ifspecificalle. XXI. Nevertheless, if the petition questions the validity of fant practice @ return or election, upon a specific allegation of corrupt prac- sincereturnof tice committed since the time of the return of election, such tition may be petition may be presented within thirty days after the date of Within thirty the commission of the corrupt practice alleged, provided that on such corrupt practice falls within the scope of the provisions of chapter three of the Consolidated Statutes of Manitoba. 38 V.e1,s. 21. Presentation; XXIJ. Presentation of a petition shall be made by deliver- peers ing itat atthe office of the prothonotary of the court of Queen’s Bench at Winnipeg, during office hours. 38 V.c¢. 1,s. 22. Security tobe XXIII. At the time of the presentation of the petition, the Ee petitioner shall give security for the payment of all costs, charges, and expenses that may become payable by him. PRESENTATION OF PETITION. Chap. 4. 79 (1.) To any person assigned as a witness on his behalf ; (2.) To the member whose election or return is called in question ; (3.) To the returning officer, or deputy returning officer, if their conduct is complained of ; (4) To the candidate not elected, whose conduct is com- plained of ; and any and all other expenses and charges. 38 Viel, s. 23. XXIV. The security shall be given by recognizance or by amount of bond in the sum of one thousand dollars, by three sufficient seurity. sureties, for the payment of all costs which on the final dis- posal of the petition the court shall award to be payable as hereinafter provided. 38 V. c¢. 1,8. 24. XXV. Immediately upon the presentation of an election Notice. petition, the petitioner shall give notice of the presentation of such petition in the Manitoba Gazette, and in one local news- paper, unless such notice is dispensed with by order of a judge. 388 V. c. 1,8. 25. XXVI. Several persons may be made respondents to the several per- same petition ; and their cases may, for the sake of conven- fo2gJnay be. ience, be tried at the same time ; but as regards the security dents. required by sections 23 and 24, and for all other purposes of this Act, such petition shall be deemed to be a separate peti- tion against each respondent. 38 V.c. 1, s. 26. XXVITI. Whenever an election petition complains of the con- Returning duct of any returning or deputy returning officer, such officers futy return.” shall, for all the purposes of this Act, except the admission of mg officer, respondents in their place, under section 111, be deemed to be to be respon- respondents. 38 V.c. 1, s. 27. XXVIIL An election petition may be presented, or the trial Acceptation thereof be proceeded with, notwithstanding the acceptance by tion may be the respondent of an office of profit undey the crown, or the freq °°” resignation of his seat, or the death of such respondent. 388 V. c. 1, 8. 28. XXIX. The trial of an election petition may be proceeded Prorogation. with, notwithstanding the prorogation or dissolution of the Legislature. 38 V.c. 1,8. 29. XXX. If one or more petitioners refuse or neglect to con- Refusal. | tinue the contestation, the other petitioners may nevertheless continue the proceedings. 38 V.c.1,s. 30. XXXI. The prothonotary shall keep a special register of all who shall petitions presented under this Act, and shall further draw up efeesigsiae” 80 Chap. 4. SERVICE, ETC. _, alist thereof in the order in which they were presented ; and Title of list. such list shall be styled “the Manitoba Contested Election’s List.” 38 V.c. 1,8. 31. opy of list, XXXII. The prothonotary shall keep at his office a copy of Rept. °® such list, open to the inspection of any person making applica- tion, on the payment of a fee of fifty cents. 38 V.c. 1,s. 32. All petitions XXXIII. If more than one petition is presented relating to with as one. the same election and return, all such petitions shall be brack- etted together on the list, and shall be dealt with, as far as may be, as one petition ; but such petitions shall stand on the list in the place where the last presented of them would have stood if it had been the only one presented, as to such contested elec- tion or return, unless the judge orders otherwise. 38 V.c. 1, s. 33. Barrister. XXXIV. Every barrister entitled to practice in the Province may act as counsel, attorney or agent in the case of election petitions. 38 V.c1,s. 34 SERVICE. Respondent XXXV. The petitioner shall cause each respondent to be with a copy ofserved with a copy of the petition, a notice of the presenta- petition. é ae . tion thereof, and the copy of the recognizance or bond requir- Delay after ed, within five days after the day on which the petition shall presentation. have been presented, or within such further time as a judge shall order. 38 V.c¢.1,s. 35. Extensionof XXXVI. Such service may be made within such longer time as any judge shall grant, regard being had to the difficulty of effecting service, or to special circumstances. 38 V.c.1, 8. 36. If service XXXVII. If the respondent or respondents cannot be served ie personally, or at their domicile, the service may be effected upon such other person, or in such other manner, as any judge, on the application of the petitioner, may appoint. 38 V.c. Lt, 8. 37. , ’ Services how XXXVIII. The services required by the next three preced- ing sections shall be made, as nearly as may be,in the man- ner in which a writ of summons is served in civil matters. 38 “Vie 1,s. 38. PRELIMINARY OBJECTIONS. : Respondent, XXXIX. Within five days after the service of the petition «bjections. as hereinbefore prescribed or within such further time as any judge shall grant for that purpose, the respondent may pro- duce in writing any preliminary objections or grounds of. in- sufficiency, which he may have to urge against the petitioner, TRIAL. Chap. 4. 81 or against the petition, or against the sureties, or against any further proceedings thereon ; he shall in such case, at the same time, file a copy of such objections or grounds for the petitioner. 38 V.c. 1,8. 39. XL. The judge shall then hear the parties upon such objec- Judge to de- tions and grounds, and shall decide the' same in a summary manner. 38 V.c.1, 5. 40. \ CONTESTATION ON THE MERITS. XLI. Within five days after thedecision upon thepreliminary Hpetition not objections, if the same are not allowed, or on the expiration of in answer | the time for presenting the same, if none be presented, or with- py respond- in such further time as any judge may grant, the respondent°™* may file a written answer to the petition, together with a copy for the petitioner. 38 V.c.1,s. 41. XLIT. Whether such answer be or be not filed, the petition Judge may fix shall be held to be at issue after the expiration of the time ~ mentioned in the preceding section ; the judge may at any time thereafter upon the application of either party, fix some convenient time and place for the trial of the petition. 38 V. e@ 1s. 42. TRIAL. XLIIL Petitions inscribed on the list.of contested elections, How petitions as far as conveniently may be, shall be tried in the order in‘ °° which they stand on such list. 38 V.c. 1.s, 43. XLIV. Every petition shall, except when it raises a question £Sthi0n go Be of law for the determination of the court, as herein mentioned, aed, be tried by one of the judges of the court of Queen’s Bench of ae sitting in open court, without a jury. 38 V.c1,s. XLV. The trial of an election petition shall take place in Trial of peti- the electoral division, the election or return for which is in fiRface® * question ; but the judge may, if for special circumstances it appears to him desirable that the trial should be held elsewhere Judge may than in such electoral division, appoint such or other place for tla the trial as may to him appear most convenient. 38 V.c. 1, 8. 45. XLVI. Notice of the time and place at which an election notice to be petition will be tried, shall be given fourteen days before that Ve" on which the trial is to begin, or such shorter time as a judge shall order : provided always that the election petition shall petitions not not be tried during the session of the Legislative Assembly of'to be tried this Province, nor during the eight days preceding the open- soa ing of such and the three days after the closing thereof. — 82 Chap. 4. TRIAL, Appointment XLVII. The judge may appoint a clerk for the trial of an oretenss election petition ; and such clerk, on being sworn by the judge, Powersor Shall have the same powers and be subject to the same duties clerks. and obligations as a deputy prothonotary would have been if personally acting therein ; and the expenses of such clerk and Judge shall form part of the costs of the cause. 38 V.c.1,s. 47. Adjourn XLVIII. The judge may, during the trial, adjourn the pro- mene ceedings from time to time, and from any one place to another, as to him may seem most convenient. 38 V.c. 1,8. 48. Reece XLIX. Witnesses may be subpcenaed and sworn,as nearly as ndsworn. circumstances will admit, in the same manner as on a trial at nisi prius. 38 V.c. 1,8, 49. Judge may L. On the trial of an election petition, the judge may also, gompel at. by anorder under his hand, compel the attendance of any witnesses. person as a witness, who appears to him to have been concern- ed in the election to which the petition refers. 38 V.c. 1, s. 50. Wiimesseste- = LI. Any person refusing to obey any subpoena or order = issued under the next preceding sections, shall be guilty of con- tempt of court, and may be punished accordingly. 38 V.c. I, s. 51. Judge mayin- LIT. The judge may interrogate any witness so compelled terrogate. —_ to appear, and the judge may also interrogate any other per- son present, although such person be not called and examined by any of the parties to the petition ; and after such examina- __ tion of a witness by the judge, such witness may be cross-ex- Stren ="”" amined, by or on behalf of the petitioner and respondent, or either of them. 38 V.c. 1, s. 52. oa ee LIII. The judge may employ a short-hand writer to take down the depositions of the witnesses at the trial of the peti- tion ; and the costs incurred thereby shall be deemed to be Shall certify, Costs in the cause ; and such short-hand writer shall be sworn by the judge ; and the transcribed notes given by him of the various depositions shall be drawn up by himself, and he shall _ certify them as correct under the oath he has so taken. 38 V. e. 1, s. 53. Witness com- LIV. No person shall be excused from answering any ques- swer. tion put to him under this Act, touching any election, or the conduct cf any person thereat, or in relation thereto, on the ground that the reply to such question would render him liable No answer to t0 legal proceedings or prosecution ; but no answer given in beused , such-proceedings by such person shall be used against him, if ness. the judge has given him a certificate that he claimed the right to be excused from answering on the ground aforesaid, and EXAMINATION, Chap. 4. 83 made full and true answers to the satisfaction of the judge. 38 V. o. 1, 8. 54, LV. The reasonable expenses incurred by any person in ap- ieapeanee ae pearing to give evidence at the trial of an election petition, ness. shall be allowed him by a certificate signed by the judge or prothonotary, according to the scale of fees and expenses allow- ed witnesses ‘on the trial of civil actions at the assizes. 38 V. ec. 1, 3.55. ’ 7 LVI. Unless the judge otherwise directs, any charge of cor- Charge may rupt practices may be gone into and evidence in relation there- before proof -to received, before any proof has been given of participation on &'V°- the part of any candidate, or his agents in respect of such corrupt practices. 388 V.c.1,s. 56. LVII. On the trial of a petition, the respondent may give Respondent evidence to show that any other candidate at the same elec- dence. tion has been guilty of corrupt practices, in the same manner and with the same effect as if he had himself presented a peti- tion complaining of such election or of the conduct of such candidate ; but before entering into such proof, the respondent shall give notice thereof to such candidate, if he be not already Notice to be in the cause ; and he may cross-examine the witnesses against “"°™ him, and produce others on his own behalf. 88 V. c. 1. 5.57, LVIII. The judge shall be received and attended at the eee or place where he is about to try an election petition under this tendance” Act, in the same manner, as far as circumstances will admit, as Boge ke a judge of assize sitting at nisi prius,and the expenses of siding at such attendance shall be decmed part of the expenses of pte. viding a court. 38 V.e¢1, s. 58, LIX. The travelling and other expenses of the judge: and ing ex: all expenses properly ‘incurred by the sheriff or depaty “sheriff benses of ad in attendance on the judge, or providing a court, shall be de- bows” a out of the costs of the trial of the election petition. 38 777° »¢ 1s, 59, , _ LX. On the trial of an election petition under this Act, the Powers of Judge shall, subject to the provisions of this Act, have the same/"48°- power, jurisdiction and authority asa judge of the court of Queen’s Bench and as a judge of assize and ivisi prius, and the court held by him shall bea court of record, 38 V. c. 1, s. 60. EXAMINATION OF PARTIES AND OTHER PERSONS. LXI. Any party to an election petition, whether petitioner Party to peti- or respondent, may at any time after such petition is at issue amined °~ before or pending the trial, be examined in the manner herein- after prescribed, by a party adverse in an interest touching a matter or question raised by such petition. 38 V.ca 1, s 2) 84 Chap. +. EXAMINATION. Pate UX The party thus examined may be further examined Si pebale. on his own behalf, touching any matter upon which he has been examined in the first instance. 38 V.c. 1, s. 62. Other parties LXIII. When one or several petitioners or respondents has been examined, any other petitioner or respondent united in interest in the cause, may be examined in his own behalf or on behalf of those united with him in interest, to the same extent as the party examined in the first instance. 38 V.c.1, s. 63. éxaminanon UXIV. The explanatory examination specified in the two SRS aie preceding sections shall be proceeded with immediately ‘ after the examination-in-chief, and not at any future period, except by leave of ajudge. 48 V.c. 1,8. 64 bake are = LXV. If, by any election petition, the'seat is claimed for a notinpeti- candidate who is not a party to the petition, such candidate tion. - . “fo “le ie . may be examined as if he were a petitioner. 38 V.c. 1, 5s. 65. Bxamination [UXVI. The examination to be made under the next five held preceding sections, shall be held by, or before a Judge, or the ‘prothonotary or a barrister named by the judge, as special examiner. 38 V.c. 1, s. 66. ‘ 1 Totakeplace LXVIL. In the case of such examination, the parties, their counsel Pre- counsel, agents or attorneys may be present, and the same shall take place upon notice. 38 V.c. 1, s. 67. Crossexamine UXVIII. The party so examined shall be subject to cross- ation. examination and re-examination ; and such examination, cross- examination and re-examination shall be conducted, as nearly as may be, in the mode in use in causes on trial at nisi prius. 38 V.c. 1,8. 6S. Subpena. LXIX. Every party or other person may be summoned to appear for examination and cross-examination before the ex- aminer, by writ of subpoena ad testificandum or ducis tecum, in like manner as he might be at the trial of the petition. ‘38 Viel s. 69. ue LXX. Every party or other person, on whom a writ of sub- examiner. pana of this nature is served, shall be bound to attend before the examiner, and shall be entitled to be taxed for his appear- ance and his expenses, as if he had been summoned to appear at the time of the trial. 38 V.c. 1, s. 70. ‘Sheriff, when sheriff. o * or other officer : raha anes LXXI. Any sheriff, goaler, or other ofticer having the custo $0 act. dy of any prisoner, shall, if ordered by any judge, take such risoner before the examiner to be examined. 38 V. ¢.1, s. 1. Notice. LXXII. Forty-eight hours’ notice, or such shorter time as the judge may determine, of any such examination or cross- EXAMINATION, Chap. 4. 85 examination shall be given to the parties to the suit, or their attorneys, agents or counsel. 38 V.c¢. 1 8. 72. LXXIIL. Any party or other person refusing or neglecting to Refusal. attend at the time and place appointed for his examination, or cross examination, or refusing to be sworn, or to answer any lawful question put to him by the examiner, or by any party entitled so to do, or his counsel, agent or attorney, may be punished by the judge, as for contempt of court; subject to the applicavion of section fifty-four of this Act. 38 V.c. 1, ». 73. . «is axarain ap Objection. LXXIV. If any witness on examination before any examiner °°" other than a judge, objects to any question which may be put to him, the question, as well as the objection, shall be taken down in writing by the examiner, and transmitted by him to the office of the prothonotary at Winnipeg, to be there filed ; the judge shall decide on the validity of such objection, and Jurse to de- the costs of such objection shall he in the discretion of the judge. 38 Via 1,5. 74 Deposition— LXXV. The depositions taken under such examination shall Pepesivion be taken down in writing by the examiner, not ordinarily by question and answer, but in the form of a narrative; when they are completed, they shall be read over to the witness, Readover. and signed by him in the presence of the parties, or of such of them as may think fit to. attend; and if the witness refuses or is unable to sign, mention thereof shall be nade at the end ofsignature. his deposition, and the examiner shall sign the same. 38 V. ¢. ‘1, s. 75. LXXVI. The examiner may, on each examination, bring Examiner— out any special fact, which he may deem advisable. 38 V_ «, ow to act. 1, s. 76. LXXVII. The examiner may, at his discretion, put down in Idem. writing any particular question and answer if there is any special reason for so doing, or the examination may be in the form of narrative in whole or in part. 38 V. ¢. 1, s. 77. LXVIII. If any questions are objected to by any of the par- Objection no- ties, the examiner shall, without however deciding, take down eae the answer and note the objection on the deposition. 38 V.c. 1, s. 78. LXXIX. When the examination before the examiner shall peposition to have been concluded, the deposition shall, after having been Whom trans authenticated by his signature, be transmitted by the examiner to the office of the prothonotary, at Winnipeg, to be there filed ; and any party to the petition may obtain copies or eX- copies tobe tracts from such deposition, upon payment of the sum of ten obtained on cents per folio, 38 V.c.1,s. 79. pear eut \ 86 Chap. 4. JUDGMENT. Depositions LXXX. Any party to a petition shall be entitled to use, Peary ear Uber the trial of such petition, depositions taken by or before deposition is the exathiner ; but if any party uses any portion of a deposi- tiredeposition tion so taken, it shall be competent for the party against may be putin. ~hom it is used, to put in the entire deposition so taken, as well that in chief as that in explanation. 38 V.c. 1,s. 80. PRODUCTION OF DOCUMENTS. Order ofindse ~LXXXI. Any party to an election petition, whether petition- tainedfor _er or respondent, may, at any time after such petition is at production of. : . : documents. issue, before or pending the trial thereof, obtain an order of the Judge requiring the adverse party to produce, within a period of ten days after the service of the order, under oath, at the office of the prothonotary at Winnipeg, all documents in his custody or power relating to the matters in question, sav- ing all just exceptions. 38 V.c. 1,5. 81. Order. LXXXII. The crder referred to in the next precediny sec- tion may be an order of course by a judge in chambers. 38 V.c. 1, s. 82. Personalser- LXXXIII. It shall not be necessary that this order shall be Cece’ served on the party personally; but service, on the counsel, agent cr attorney of the party, shall be sufficient. 38 V. ¢. 1, s. 83. Vorm ofafi- LXXXIV. The affidavit to be made by the party producing the documents may be in the form annexed to this Act, or in other terms equivalent, as required by thé facts. 38 V. c. 1, , 8. 84 Refusal. LXXXV. Any party neglecting or refusing to obey an order for the production of doeuments, may be punished as for: con- tempt of court. 38 V.c. 1,5. 85. Inspectionof LXX XVI. When the documents demanded shall have been documents. filed at the office of the prothonotary, the party requiring such production, or his counsel, agent or attorney, may, on notice, inspect the same and take certified copies thereof. 38 V.c. 1, s. 86. ; Party from UXXXVIL. If the party from whom has been demanded such W. - “ . $ . ; cumentsare documents, wishes to avail himself of any reasonable excep- domanied ea tions, he must, when producing the documents, assign sufficient sons, With affi- p >; Oe. : davil to prove .-@80n8s, Suppor ted by his affidavit to prove that he should not that he isnot be held to produce them, and specify therein the documents held to pro: which he claims to be priviledged. 38 V.c¢. 1, s. 87. JUDGMENT. Judgetodee LXXXVIII. At the conclusion ofthe trial, the Judge who eee tried the petition shall determine whether the member whose election or return is complained of, or any or what other per- APPEAL. Chap. 4. 87 son was duly returned or elected, or whether the election was void ; and shall forthwith certify in writing such determina- tion to the Speaker, appending thereto a copy of his notes of the evidence. 38 V.c. 1,8. 88. w 5 we W t LXXXIX. When any charge is made in an election petition practice jude of any corrupt practice having been committed at. the election, Rit to speak- j i ker, together with er written re- the judge shall further transmit to the Speaker, toge with oorin writing his judgment a report in writing stating: with the judg- _(1.) Whether any corrupt practice has or has not been §oe"yy bres” proved to have been committed by or with the knowledge or ae net consént of any candidate at such election, stating the name of date—name of : * candidate— such candidate, and the nature of such corrupt practice ; nature of practice. (2.) The names of any persons against whom, during the examination of the petition, the commission of corrupt prac- tices has been proved ; (3.) Whether corrupt practices have, or whether there is Corrupt, prac reason to believe that corrupt practices have extensively pre- (eee wre tre. vailed at the election to which the petition relates. 38 V.c. 1, yalled exten- s. 89. XC. A special report shall, at the same time, be transmitted Report trans- to the Speaker, as to all questions and matters arising in the speaker. course of the trial of the petition, and which, in the judgment of the judge, ought to be submitted to the Legislative Assem- bly. 388 V.c.1,s. 90. ‘ XCI. If upon the application of any party to a petition duly Oe made to the court, it appears to the court that the questioncase. raised by the petition can be conveniently stated as a special case, the court may direct the same to be stated accordingly ; and any such special case shall, as far as may be, be herd befcre the court, and the decision of the court shall be final ; pecision final and the court shall certify to the Speaker its determination in reference to such special case. 38 V.c. 1, s. 91. XCIL If it shal] appear to the judge on the trial of the said guage may petition, that any, question or questions of law as to the admis- PPshone a. sibility of evidence, require further consideration by the court, ettificate. then it shall be lawful for the said judge to postpone the granting of the said certificate until the determination of such question or questions by the court, and for this purpose to re- serve any such question or questions in like manner as ques- tions are usually reserved by a judge on trial at nisi prius. 38 V.c¢ 1,5. 92. APPEAL. XCIII. In ease any party to an election petition under this Act, is dissatisfied with the decision of a judge, on any ques- tion of law or of fact, and desires to appeal against the same, 88 Chap. 4. WITHDRAWAL, ABATEMENT, ETC. he may, within eight days from the day on which the judge Deposit. has given the decision, deposit with the prothonotary, at Win- nipeg, the sum of one hundred dollars, by way of security for costs ; and thereupon the prothonotary shall set the matter of the said petition down for hearing before the court of Queen’s Petition to be Bench, at an early day to be appointed by the presiding judge heard before of the said court ; and the presiding judge is hereby empower- Notice to be and the party so appealing shall thereupon within three days, ae or such further time as the said court miay upon application allow, give to the other parties affected by the same appeal, or their respective attorheys or agents by whom such parties are represented in the trial of the said petition, nctice in writing that the matter of the said petition has been so set down to be party appeal heard in appeal as aforesaid ; and in and by the same notice y limit ‘ @ 4 A = subject of ap- the said party so appealing as aforesaid may, if he desires, Peat Lani the subject of the said appeal to any special and defined question or questions ; and the said appeal shall thereupon be Appeal to be“ heard and determined by the said court of Queen’s Bench ; and such judgment shall be pronounced, both upon question of law and of fact, as in the opinion ofthe said court of Queen’s Bench should have been delivered by the judge whose decision is ap- Order astoae- Pealed against ; and the court of Queen’s Bench may make positand such order as to the- return of the said deposit and as to the Sones costs of the said appeal, as the said court may think just ; and Judgment the prothonotary shall thereupon transmit to the speaker, un- Lsclaeerr aera der the seal of the court, the judgment and decision of the Prothonotary said court upon the several questions and matters of fact, as well as of law, upon which the judge whose décision is appeal- ed against might otherwise have determined or certified in pursuance of this Act, in the same manner as the judge whose, ' decision is appealed against would otherwise have done, and aucement the wail judgment or decision shall be final to all intents and purposes. 38 V.c. 1,8. 93. Judgment. WITHDRAWAL—ABATEMENT OF PETITIONS AND THE DISCONTINUANCE OF PROCEEDINGS ON THE PART OF THE RESPONDENT. Blection peti: ~XCTV. No election petition shall be discontinued without continued 1 iti i i continued _,, the leave of the judge or court before whom itis pending, given upon application made for that purpose. 38 V.c.1, s. 94. When appli: | XCV. Nosuch application shall be made until the petitioner fe isade wo. has given, in the manner, within the time, and at the place pre- Hee 10 dlscon- scribed, in the electoral division for which the election or re- nue. se . . . . . . . ‘ . turn is in question, notice of his intention to discontinue his Notice to be petition, and his notice shall also be published in the Manitoba blished i : Ss ae = ublishedin Gazette and in one local newspaper. 38 V.c.1, 5. 95. Application = XCVI. On the hearing of such application, any person who 0 fudge or . ee a 3 Court. might have petitioned against the election may apply to the judge or to the court before which the case is pending, to be ed to name and appoint an early day for the hearing thereof ; , ' WITHDRAWAL, ABATEMENT, ETC. Chap. 4. 89 substituted in lieu of the petitioner so desiring to discontinue his petition. 38V.c.1,s. 96. XCVIL. The judge or the court before whom the case is Other appli- pending may, if he or they think fit, substitute as petitioner substituted by any such applicant, and may further, if the withdrawal is in‘""°* his or its opinion mnduced by any corrupt bargain or considera- tion, order that the security given on behalf of the original petitioner remain as security for any costs that may be incurred by the substituted petitioner, and that, to the extent of the sum named in such security, the original petitioner shall be liable to. pay the costs ofthe substituted petitioner. 38 V.c. Les OF XCVIIL. If no such order be made with respect to the fegnuy may security given on behalf of the original petitioner, security to ; the same amount as would be required in the case of a petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner, before he proceeds with his petition, and within the time prescribed by the judge or court before , cunt of whom the case is pending ; and the amount of the security security may may, however, be reduced, as the circumstances of the case may °° "°*7ee* require. 38 V.c. 1,s. 98. XCIX. Subject always to the conditions hereinbefore set Subject to. forth, the substituted petitioner shall, as nearly as may be, stand in the same position ; subject, however, to the same liabilities as the original petitioner. 88 V.c. 1,8. 99. C. If the petitioner withdraw his petition he shall be liable Syiietawal to pay the costs of the respondent, unless the judge of the court payment of before whom the case is pending otherwise orders. 38 V.c.1,~°~ s, 100. CI. If there are more petitioners than one, the application rr more than to withdraw the petition must be made with the consent of all Qp¢ Petition- the petitioners. 38 V.ce1,s.101. CII. In every case of the withdrawal of a petition, the judge Judge or court or the court before whom the case is pending, if of opinion {Retr openion that such withdrawal was the result. of any corrupt arrange- © Speaker. ment, or in consideration of the withdrawal of any other peti- . tion, shall report such opinion to the Speaker, with the , cir- cumstances attending the withdrawal of the petition. 38. V. e. 1, s. 102. CIIL If the petitioner neglects or refuses to proceed, the Hrozleol or re judge or the court trying the case, may permit one or more tioner—judge persons to be substituted as petitioners, according to the prin- guixdtution. ciples and on the terms hereinabove set forth. 38 V.c.1,s. 103. . 90 Chap. 4. WITHDRAWAL, ABATEMENT, ETC. tion abatea” CIV. An electon petition shall be abated by the death of a py coat or . sole petitioner, or of the survivor of several petitioners. 38 V. er orsurvivor( ] 5, 104 of several pe- ~" 7? . titioners. Paymentor CV. The abatement of a petition shall not affect the liability toenail of a petitioner to the payment of costs previously incurred. er not atfect- 388 V.c. 1,5. 105. ed. Notice of CVI. On the abatement of any petition under section 104 of abatement to this Act, notice of such abatement shall be given in the elec- toral division, for which the election or return has been con- tested, in the manner, and within the time, and at the place prescribed ; and such notice shall be also published in the Manitoba Gazette and in one local newspaper. 38 V. ¢. 1, s. 106. any str to, CVII. Within the prescribed time, any person who might judge or court have petitioned against the election, may apply to the judge ted as peti- or the court before whom the case is then pending, to be sub- Woner. stituted as petitioner. 38 V.c. 1, s. 107. Judge or CVIII. The judge or the court, before whom the case is conttita, pending, may, if he or it think fit, substitute such person to Substitutea the original petitioner; and such substituted petitioner shall petitioner to be obliged to furnish security similar to that required at the rity. presentation of an election petition, but the amount may be reduced as circumstances may require. 38 V.c. 1, s. 108. CIX. If before or during the trial-of any election petition it happens : Death, (1.) That the respondent dies ; or Seat vacant. (2.) That the Legislative Assembly has declared his seat vacant; or Notice ofin- | (3.) That he has given notice that he does not intend to op- ened nea pose, or further to oppose the petition ; and tion. Notice ofeach Notice of each event shall be given; and such notice as well elven,’ “as that mentioned in sub-section 3 of this section, shall be given Notice-now 12 the same manner as that required for the withdrawal of an given. election petition, 38 V.c. 1, s. 109. Application CX. Within the time prescribed, any person who might ‘Courttobe have petitioned against the election, may apply to the judge admitedte or court before whom the case is pending, to be admitted as tion. respondent to oppose the petition, or so much thereof, ay may still remain undisposed of 38 V.c. 1,s. 110. CXI. Such person shall accordingly be admitted to oppose the petition, or so much thereof as may remain undisposed of, either in place of the respondent, or with any other respond- WITHDRAWAL, ABATEMENT, ETC, Chap. 4. 9] ‘ ti ent, if there be any ; and any number of persons, not exceed- ees ing three, may be so admitted. 38 V.c.1,s. 111. Penedae eke CXII. The persons thus admitted shall be liable for the Personadmit- costs, thereafter incurred, according to the result of the case. costs. 38 V.c. 1,5. 112. CXITI. If any of the events mentioned in section 109 of When judge this Act happen during the trial of an election petition, the proseedinicn:. judge or the court, hefore whom the cause is pending, shall adjourn the proceedings, to the end that the notice required by that section may be given. 38 V.c.1,s. 118; 41 Vic 4,3. 2. CXIV. Whenever a respondent shall have given the pre- Judge shall scribed notice, that he does not intent to oppose or further to Speaker. oppose the petition, the judge or the court, before whom the case is pending, shall immediately report the same to the Speaker, 38 V.c.1,s. 114. ¥ CXY. The respondent cannot, after having given such Respondent notice, appear or act in any proceeding as a party interested Bott? apneat against such petition, nor shall he, until the Legislative As- petition nor sembly has received the final report on the petition, sit or vote leg. ass. in the Legislative Assembly. 38 V.c. 1,8. 115. CXVI. When, on a petition, complaining of a double return, Pourle re- the respondent has given notice that he does not intend to op- pose the petition, and no party has been admitted to oppose the petition, the petitioner may, provided there be no petition against the other member declared elécted in such double re- Petition may turn, withdraw his petition, by giving notice to the prothono- by giving no- tary ; and the judge or the court, before whom the case is oo a a immediately report the fact to the Speaker. 38 Judge or .¢. 1,9. 116. ort to Speaker. CXVI. The Speaker shall, at the earliest practicable moment Duties of the after having received the judgments and reports, adopt all the SPe4*er. proceedings necessary for confirming or altering the return of the returning officer, or for the issuing of a new writ for a new election, or for otherwise carrying the final judgment into ex- ecution, as circumstances may require: and he may for the issuing of such writ of election, address his warrant, under his ee and seal, to the clerk of the Executive Council. 38 V. ec. pS LYV7: CXVIII. The Speaker shall, without delay, communicate to the Legislative Assembly the judgments and the reports re- ceived, and his own proceeuings thereon. 88 V.c. 1, s. 118. CXIX. When a special report has been received, the Legis- lative Assembly may make such order in respect of such spe- cial report asit may deem proper. 38 V. c. 1, s. 119, d 92 Chap, 4. COSTS. Costs. CXX. The judges of the court of Queen’s Bench or the ma- jority of them, of whom the chief justice shall be one, may, from time to time, make, revoke or alter a tariff of fees to be paid to counsel, on proceedings to be had in relation to election petitions; and a copy of each such tariff shall be transmitted to the Legislative Assembly, in the same manner as the rules. 33 V.c. 1, s. 120. CXXI. The expenses and fees of the prothonotary, of the sheriff or deputy sheriff, and other charges, imposed on proceed- ings in actions of the highest class in the court of Queen’s Bench, may be exigible in proceedings on an election petitions, in so far as the latter resemble the former. 38 V.c.1,s. 121. CXXITI. All costs, charges and expenses resulting from the presentation of an election petition and of the proceedings con- sequent thereon, shall be payable by the petitioner or by the adverse parties, in such manner and in such proportions as the judge or court, before whom the case is pending, may deter- ; mine : provided always that if the election is declared void on Proviso account of corrupt practices proved to have been committed rupt practices without the knowledge and consent of any candidate at such een tor canis election, either by any agent of such candidate or any other person or persons against whom, during the hearing of the petition, the commission of corrupt practices has been proved, the judge or court before whom the petition is heard, may de- termine and order that the whole or part of the costs, charges By whom pay- able. - . and expenses of said hearing, shall be paid by such agent, party or parties, and be levied, at the expiration of thirty “days from the date of said hearing, by writ of execution issued out of the court of Queen’s Bench in the same manner as in civil cases. 38 V.c. 1,5. 122; 43 V.c 5,5, 2. t sarees CXXIII. The judge or court, before whom the case is pend- court may dis- ing, shall disallow all costs, charges and expenses, which in allow costs. their opinion, have been caused by vexatious conduct, or un- founded allegations or objections on the part of either the peti- tioner or respondent; and with the view of discouraging any needless expense, shall throw the burden of paying the same on the parties by whom they were caused, whatever be the result of the contestation. 388 V,¢ 1, s. 123. Costs—how to _ CXXIV. The costs shall be taxed in the manner ordinarily be taxed. observed in civil actions, and may be recovered as the costs of an action at law, or in such other manner as the court or a judge may by order direct. 38 V.c.1,s. 124 Costsifawarg. CXXV. In the event of costs being awarded against the titioner. petitioner, a statement of costs due to each such party, and his witnesses, with a copy of the recognizance and the master’s certificate of taxation, shall, after the rendering of the decision, SCHEDULE. Chap. 4. 93 be produced and filed in the office of the prothonotary. 38 V. e. 1,s. 125. CXXVI. The production and filing of the said recognizance Production of and allocatur with the prothonotary of the court shall be in Gguivaicnt to all respects held as equivalent to signing judgment, and there- signing judg- upon the party or parties aggrieved shall be at liberty to pro- ceed to. execution against the property of the petitioner and Execution _ that of his sureties or other party in the same manner as in }£ainst pet: other civil actions. 38 V.c. 1, s. 126. CXXVITI. If the respondent is condemned in costs, such costs cost taxed, le- shall be taken, and may, upon the rendering of the judgment, fied by execu- be levied by writ of execution, in the manner usually pursued in civil causes. 38 V.c¢.1,s. 127. THE SCHEDULE TO THIS ACT. (Form mentioned in Section 84 of this Act.) CANADA: : Province of Manitoba. Court of Queen’s Bench. APPENDIX. Election for ,held the day of I, of , make oath and say : (1.} I have, in my possession or in my power, the documents referring to the matters in question, mentioned in the first and second parts of the first schedule hereunto annexed. (2.) 1 object to the production of the said documents referred. _ to, in the second part of the said first schedule. (3.) Mention the motive of the objection, and verify the facts as far us possible.) (4.) Thad, but have no longer, in my possession or in my power, the documents referring to the matter in question, mentionéd in the secend schedule hereunto annexed. (5.) The documents last mentioned were in my possession or power the last time (say when.) (6.) (State what has become of the documents last mentioned, to whom you delivered them, or in whose possessiow they now are.) (7.) To the best of my knowledge, of my remembrance, and of my information,and belief, I have not now, nor ever had in my possession, custody or power, or in the possession, custody 94 Chap. 5. SCHEDULE. or power of my agents or attorneys, agent or attorney, or in the possession, custody or power of any one, in my name and for myself, any deed, account, account book or report, vouchers, receipt, letter, memorandum, paper or writing, or any copy or extract of any document of this character, or document what- ever referring to the matters in question, or to any one of them, or in which any reference or entry is made relating to these matters, or any of them, other than the documents mentioned in the first and second schedules hereunto annexed. Sworn, ete. (Annex the schedules mentioning the documents in ques- tion.) 38 V.c. 1s. 84 CHAPTER V. An Act respecting the Legislature of Manitoba. LuGIsLaTu RE— Composition of Legislative Assembly, s. 1, of poe the Legislature shall consist, 8.2. Legislative Council done away with, SPEAKER~ Temporary Speaker in absence of,s. 4. Absence of Speaker at meeting of As- sembly, s. 5. Lege of acts done in his absence, s.6. DISQUALIFICATION OF MEMBERS— Vee holders ineligible to sit or vote, 8.7. Exceptions, s. 7. Penalty on disqualified persons sitting or voting in Assembly, s. & - i Any person in any way receiving any emolument trom the crown cannot sit, &¢., 8. 9 anes however, affecting 7th sec- ion, s. 9. No party to or interested in contract with the crown to sit or vote,s. 10. Prohibitions to sitting or voting, s. 11. If any person disqualified, elected election void. When seat is vacant, s. 18. Exceptions as to Executive Council- lors. s. 14. Means of resigning, s. 15. Power of transfer of duty from one office to another, s. 16. Warrant to fill vacancy, s. 17. INDEMNITY TO MEMBERS. Sessional allowance, s. 18. Deductions, s. 18 Allowance, how made, s. 19. , When only part of session, s. 20. Mileage, s. 21. : Final payment—declaration, s. 22, VACATING SEATS— A member may vacate seat, s. 23. ay declaring his intention in the ouse, 8. 24. By eesnetion in writing to Speaker, Se If no Speaker, totwo members of the House, s. 26. Duty of Speaker, or two members, s. 8. Vacancy by death or otherwise, s. 28. Rules at general election applicable in special elections, s. 29. DUAL REPRESENTATION— No member of Legislative Council or menetably of other Province eligible, s. 30. Forfe.ture of $2000, s. 31. No returning officer to accept name of such, 8. 32. ~ DEMISE OF THE CROWN— Legislature not to be dissolved by, s. Power to prorogue or dissolve not af- fected, S. 34. OATHS TO WITNESSES— Select committee may examine wit- nesses on oath, s. 35, Form of oath, s. 35. POWERS AND PRIVILEGES— Legislative Assembly may compel at- tendance, s. 36. Persons not liable in damages for act done under authority of Assembly, s. 37. Or liable to any civil action, &c., s. 38. Except for breach of this Act no mem- ber liable to arrest, s, 39, Officers and employees exempt from serving as jurors, s. 40. No member to receive compensation for promoting afy bill, &e., s. 41. Nor any barrister,who is a member,s. Penalty for violation of provision, s. In case judgment for this cause re- corded against member, his election void, s. 44. Writ, in such case for new election, 8. Assembly to have rights and privi- leges of a court, s. 45. In ener of assaults, insults and libels, s. 45, SPEAKER, Threats and intimidation, s. 45. Assaults or interference with officers, 8. 45. Tampering with witnesses, &c.,s. 45. Presenting to the Assembly or any committee forged or falsified docu- ments,S. 45, _ Forging or falsifying, s. 45. ; The bringing of any civil action, &c., 8. 45. Arrest or detention of any member in a civil cause, Assembly may exer- cise powers, &¢., 8. 45. Upon inquiry it person guilty may be imprisoned, 8. 46. Chap. 5. Determination of Assembly to be final, 8. 47. y In case of prosecution for publication defendant may verify by affidavit, s. 48. : Court to stop proceedings, 8. 48. Defendant may show report was pub- lished without malice, s. 49. Vereen to be entered for defendant, s. Except as provided in 4!st section no member to be deprived of rights or : oe s. 51. e@ mber disorderly Speaker may call by name—consequences, &c., 8. 52. 95 Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : LEGISLATURE TO CONSIST OF WHAT. , I. The Legislative Assembly of Manitoba shall consist and Cpppesition | be composed of twenty-four members, elected by the electors Assembly. of the several and respective electoral divisions of the Pro- vince of Manitoba, according to law. 39 V. c 28, s.s. 12. Ii. For and notwithstanding anything to the contrary con- Notwith- tained and enacted in the Act of the Parliament of the Do- Savi, Bin: minion of Canada, passed in the thirty-third year of Her (y'of Pana Majesty’s reign, chaptered three, intituled: “An Act to amend lature to con- and continue the Act 32 and 33 Victoria, chapter 3; and to of Assembly. establish and provide for the Government of the Province of anf Gjcuten:. Manitoba,” the Legislature of the Province of Manitoba shall consist of the Lieutenant-Governor and the Legislative As- sembly of Manitoba, composed of twenty-four members elected to represent the several electoral divisions into which the Pro- vince is or from time to time may be divided. 39 V. ¢. 28. s, Ll. III. The Legislative Council of Manitoba has ceased to exist, Legislative and hereafter shall have no existence, and the members of the aways Legislative Council of Manitoba, and the officers thereof, and every of them, have absolutely ceased and determined, and shall continue so absolutely ceased and determined. 89 V.c. 28, s. 2. SPEAKER. Temporary Speaker in absence of Mr. Speaker, IV. Whenever the Speaker of the Legislative Assembly, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the said House, on any day, he may call upon any member thereof to take the chair and act as Speaker during the remainder of such day, unless the Speaker himself resumes the chair before the close of the sitting of that day ; and the member so called upon, shall take the chair and act as Speaker accordingly ; and any Act passed, and every Order made, and thing done by the said Legislative As- sembly, while such member is acting as Speaker as aforesaid, 96 Chap. 5. DISQUALIFICATION, shall be as valid and effectual to all intents and purposes as if done ane the Speaker himself was presiding in the chair, 34 V.c. 19, 8.1. 7 Inabsence of V, Whenever the Speaker, from illness or other unavoidably aes cause, is not or cannot.be present at the meeting of the As- sembly on any day, it shall be lawful for the said Assembly to elect a member to take the chair and preside as Speaker for that day. 37 V.c. 5,8, 2. Legality of VI. Every Act passed and every order made and thing done Acts done in . : fi ei : his absence. by the said Assembly, while such member is acting or presid- ing as Speaker as aforesaid, shall be as valid and effectual to all intents and purposes as if done while the Speaker himself was presiding in the chair. 37 V.c. 5.3. 3, DISQUALIFICATION OF MEMBERS, Office holders VII. No person holding any office, commission or employ- ineligible to 7 a sit in Legisla- ment to which an annual salary from the crown is attached tine Assem- shall be eligible as a member of the Legislative Assembly, or sit or vote therein during the time he holds such office, com- mission or employment ; but nothing herein contained shall render ineligible any person being a member of the Executive Council, and holding one of the following offices : President of the Council, Attorney-General, Minister of Public Works, Provincial Treasurer, Provincial Secretary or any other of the Executive Council holding an office under such designation as the Lieutenant- Governor shail think fit to assign to such member on his ac- ceptance of office, or disqualify him to sit or vote in the Assem- bly : provided he be elected whilst holding such office, and not otherwise disqualified. 35 V.c.9,5.3;38 V.c4s. 6. Exceptions. Penalty for VIII. If any person disqualified by law from being elected oeaaeate or sitting, or voting in the Legislative Assembly, shall pre- ting in Legis- sume to sit or vote therein, he shall be liable to a penalty of ve Assem- : bly. one thousand dollars per day for every day he so sits or votes, and such sum may be recovered from him by any person who shall sue for the same, by action of debt, bill, plaint, or infor- mation, in any court of competent civil jurisdiction in this Province. 35 V.c¢, 9,8. 4 Any personin = TX. No person accepting or holding any office, commission receiving any or employment, or performing any duty in respect of which fmolument any fee, payment, allowance or emolument is payable from the Crowncanuot crown, through the Government of the Province of a Manitoba, except coroners and justices of the peace, shall be eligible to be elected a member of the Legislative Assembly of this Province ; nor shall he sit or vote in the same during the time he holds or occupies such position, or any such fee, pay- RESIGNATION, VACANCY, ETC. ‘Chap. 5. 07 ment, allowance, or emolument is payable from the Crown through the Government of the Province of Manitoba: pro- vided always that nothing in this section or in this Act con- tained shall effect the seventh section of this Act. 38 V.c. 4, s. 1; 43 Vic. 4,8. 1. X. No. person being or becoming a party to any contract or No party in- agreement by which he is to receive any payment of money, any contract advantage or profit’ from the Crown through the Government Crown to sit of the Province of Manitoba, shall be eligible to be elected a° vote member of the said Legislative Assembly, nor shall he sit or vote in the same during the time he occupies such relationship in respect of any such contract or agreement. 38 V.c. 4,8. 1; 43 V.c. 4,8. 1. XI. No person accepting or holding any office, commission Exemptions or employment, to which any fee, allowance, or emolument in in Legislative lieu of an annual salary from the Crown through the Govern-“*°™?)' mentof the Province of Manitoba is attached, and no person becoming a party to any contract or agreement by which he derives, or expects to derive any profit from the Crown, shall be eligible as a member of the Legislative Assembly, nor shall sit or vote in the same during the time he holds such office, occupation or employment, or is a party to any such contract or agreement. 38 V.c.4,8.2; 43 Vie4.5. 2; ‘ XI. If any person disqualified or declared incapable of being Election to be elected a member of the Legislative Assembly by this Aet, is ed. nevertheless elected and returned as a member, his election and return shall be null and void. 38 V.c. 4,8. 3. XIII. If any member of the Legislative Assembly, by accept- wnen seat is ing any office, or becoming a party to or interested in any con- ¥*°4?* tract or agreement, becomes disqualified by law to continue to sit or vote in the same, his election shall thereby become void, and the seat of such member shall be vacated, and a writ shall forthwith issue for a new election as if he were naturally dead ; but he may be re-elected if he be eligible. 38 V.c. 4,5. 4. XIV. Nevertheless, whenever any person holding the office exceptions. of President of the Executive Council, Provincial Treasurer, Provincial Secretary, Minister of Public Works, Minister of Agriculture, or any other member of the Executive Council holding an office under such designation as may have been assigned to such member, and being at the same time a mem- be of the Legislative Assembly, resigns his office, and within ' one month after his resignation accepts any of the said offices, he shall not thereby vacate his seat in the said Legislative As- sembly. 38 V.c. 4,8. 5. \ \ ' RESIGNATION, VACANCY, &C. XV. If any member of the Legislative Assembly wishes to Meansof re- resign his seat in the interval between two sessions of the “#7! seats. ~~ 98 Chap. 4. INDEMNITY TO MEMBERS. Legislature, and there is then no Speaker, he may address and cause to be delivered to any two members of the House, a de- claration of his intention to resign, and such two members, upon receiving such declaration, shall forthwith address their warrant under their hands and seals to the clerk of the Execu- tive Council, for the issue of a new writ tor the election of a member in the place of the member so notifying his intention to resign, and such writ shall issue accordingly ; and the member so tendering his resignation shall be held to have vacated his seat and cease to be a member of the House. 38 Vic. 4,8. 7. Power to XVI. Any of the powers and duties, which have been here- transfer duty tofore or shall be hereafter assigned by law to any of the offi- of Bx. Coun- cers now constituting, or who may hereafter constitute the Executive Council, or which by the operation of any statute or by-law devolve upon any such officer, and that whether such office be then filled or not, may from time to time, by order in council, be assigned and transferred either for a limited period, or othe1 wise, to any other of the said officers by name or other- wise, and the officer to whom such powers and duties may be assigned, shall for the execution of such powers and duties, have the right to use the name and exercise the functions of such office, the duties of which are so assigned to him. 38 V. c. 4,8. 8. - Waurant to =X VII. A warrant may issue to the clerk of the Executive of Ex. Coun- Council for the issue of a new writ for the election of a mem- writ, ber of the Legislative Assembly to fill up any vacancy arising subsequently to a general election and before the first meeting of Legislature thereafter, by reason of the death o1 acceptance of office of any member, and such writ may issue at any time such after death or acceptance of office. 38 V. c. 4, 5. 9. INDEMNITY TO MEMBERS. $400 allow- XVIII. In each session of the Legislative Assembly there aa shall be allowed and be payable to each member attending such session, an allowance of four hundred dollars and no more: provided always a deduction at the rate of eight dollars per day shall be made from the said sessional allowance for every day on which the member does not attend a sitting of the House, or of some committee thereof, provided the House sits on such day; but each day during the session after the first on which the member attends as aforesaid, on which there has been no sitting of the House in consequence of its haying adjourned over such day, or on which the member was in the place where the session was held, but was prevented by sick- What shallbe ness from attending any such sitting as aforesaid, shall be rec- reckoned #5. koned as a day of attendance at such session, and a member danee, shall, for the purposes aforesaid, be held to be at the place where the session is held whenever he is within three miles of such place. 40 ¥V.c. 21, ss. 1, 2. Reductions. INDEMNITY TO MEMBERS. Chap.5. | 9 XIX. The said compensation may be paid from time to time attowance as the member becomes entitled to it, to the extent of seven how paid. dollars for each day’s attendance as aforesaid, but the remain- der shall be retained by the Provincial Treasurer until the close of the session when the final payment shall be made. 43 V.c 21, 8. 3. XX. If any person is from any cause a member of the Legis- wnen person lative Assembly for a part only of any session, he shall be en- fy"niy part titled to the sessional allowance hereinbefore. mentioned, sub- of session. ject to the deduction aforesaid, for non-attendance as a member, for each day of such session before he was elected or after he ceased to be a member. 43 V.c. 21,5. 4+ XXI. There shall be allowed to each member ten cents for Mileage. each mile of the distance between the constituency of which he is member and the place where the session is held, reckoning such distance going and coming according to the nearest mail route, which distance shall be determined and certified by the ’ Speaker. 43 V.c. 21,5. 5. XXII. The sum due to each member at the close of any ses- Final pay- sion shall be calculated and paid to him by the Provincial étsession. Treasurer on his making and signing before the clerk of the House, a solemn declaration to be kept by the clerk, stating ‘the number of days’ attendance and the number of miles of dis- tance according to the nearest mail route, as determined and certified by the Speaker, for which such member is entitled to- the said allowance, and the amouut of said allowance, after- deducting the number of days (if any) which are to be deduet-- ed un ler any preceding section of this Act; and such declara- tion may be in the form A, hereunto annexed, and shall have the same effect as an affidavit in the same form: and for the purposes aforesaid there is hereby granted to Her Majesty out Grant for of any unappropriated moneys forming part of the Consoli- eee dated Revenue Fund.of this Province, an annual sum sufficient to enable Her Majesty to advance such sums as are required to pay the estimated amounts of the sessional allowance herein- before mentioned: The following is the form referred in this section : “I, “A.B,” one of the members of the Legislative Assembly solemnly declare that I represent the constituency of or No. distant from this place by mail route miles, that I was absent in the meaning of this Act Form A. days during the present session, that I received from time to time the sum of : dollars and that there is now due to me the sum of dollars. Declared before me at the Signature A. B. day of A.D.188 ; = Clerk of the Legislative Assembly.” 160 Chap. 5. DUAL REPRESENTATION NOT PERMITTED. VACATING OF SEATS. Ranember XXIII. Any member of the Legislative Assembly may may vacate vacate his seat therein in the manner herein provided. 35 V. ce. 8, 8. 1. ' By declaim- XXIV. He may openly, in his place in-the Legislative As- ing his inten- J f : : tion trom his sembly, declare his wish to vacate his seat as a member and in aa such case the clerk of the House shall record the same in the journals, and the seat of such member shall be forthwith va- cated. 35 V.c. 8s, 2. Or resignas = -XXV. Or he may deliver to the Speaker a resignation in ingtoSpeak- writing, under his hand, attested by two witnesses, declaring cn attested. ‘his yesignation of such seat; upon receipt whereof by the Speaker, the seat of such member shall become vacant. 35 V. ce. 8,8. 3. HnoSpeaker, XXVI. Or, he may, in case there should be no Speaker at of the House. the time when he wishes to resign his seat, or in case the mem-. ber wishing to resign should himself be Speaker, address to any two members of the House, a resignation, with the forma- lities provided by the fifteenth section of this Act; and upon the receipt thereof by such two members, the seat shall he- come vacant. 35 V.c. 8,8. 4 \ ee eas XXVII. In the case mentioned in the twenty-fourth and one ae te twenty-fifth sections, the Speaker, and in the case mentioned resignation, in the twenty-sixth section the two members therein men- tioned, shall forthwith give notice to the clerk of the Execu- tive Council-of the vacancy so created, and require the issue of a writ to supply the same. 35 V. c. 8,8. 5. Vacancy by S&%XVITI. Upon any vacancy in the representation of any Geathor electoral division, created by death or in any way other than tye ey resignation, any two members of the Legislative Assembly . ‘may’ give notice of the vacancy to the clerk of the Executive Council, and require the issue of a writ to supply the same. 35 V.c 8,5. 6. Rulesof Gen- XIX. Any election to fill any such vacancy shall in so far Guoliaatiens as is reasonably practicable be conducted under the same forms, all cases. and be subject to the same rules as would be applicable, if there were a general election at the date of the issue of the writ, 35 V.c 8,8. 7. DUAL REPRESENTATION NOT PERMITTED. No member | XXX. No person who is a member of any Legislative Coun- of Legislative i] or Legislative Assembly of any Province, now included or Legislative | which may hereafter be included within the Dominion of eg 5 any Province Canada, nor any member of the House of Commons of the Do- eligible as’ minion of Canada, shall be eligible to be nominated for, or OATHS TO WITNESSES. Chap. 5. 101 elected as a member of the Legislative Assembly of the Pro- regislative . vince of Manitoba, nor shall be capable of sitting or voting in Assemyy of the same ; and if any person so declared ineligible shall be ~~ elected or returned as member of the said Legislative Assem-. ss bly of the Province of Manitoba, his election shall be null and- is void. 38 V.c.16,s. 1. | XXXI. If any person who is made by this Act ineligible as Forfeiture of” a member of the Legislative Assembly of this Province, or in-°°™ _ "+" capable of sitting or voting therein, does nevertheless sit or vote therein, he shall forfeit the sum of two thousand dollars for every day he so sits or votes therein, and such sum may be recovered from him by any person who will sue for the same by action in any form allowed by the law or procedure in the Province of Manitoba in any court of competent jurisdiction ; one-half of such sum to belong to the person so suing, and the other half to belong to, and be paid over to the Provincial Treasurer to form part of the consolidated revenue of this Pro- vinee. 38 V.c. 16,5. 2. j ‘ XXXII. No returning officer shall accept the name ot any Ng returning member of the House of Commons of Canada or of any mem-cept name of _ber of any Local Legislature in the Dominion of Canada, as a, Begislanure candidate for election, until such member shall have filed with oul candh said returning officer an acknowledgment in writing from the feate from Speaker of the House of Commons of Canada, or of the House of Assembly of any Local Legislature, of the resignation of such member’s seat in said House of Commons or House of As- sembly. 28 V.c. 16,5. 3. , DEMISE OF THE CROWN NOT TO AFFECT. XXXIII. No Legislature in and for the Province of Mani- Legislature toba, shall be dissolved by the demise of the Crown, but such ie genie at Legislature shall continue, and may meet, convene and sit, pro- % Cf0W™ ceed and act, notwithstanding such demise by the Crown, in the same manner as if such demise had not happened. 36 Y. ec. 1,s. 1. XXXIV. Nothing in the next preceding section shall alter power to pro- or abridge the power of the Crown to prorogue or dissolve the Togue or dis- House of Assembly. 36 V.c. 1, 5. 2. fected. OATHS TO WITNESSES. XXXV. Any select commit!e of the Legislative Assembly setect com- to which any private bill or otliwr matter or cause has been re- mittee may. ferred by the House, may examine witnesses upon oath, upon nesses upon matters relating to such bill, matter or cause, and tor that pur- a pose, the chairman or any member of such committee may ad- minister an oath, in the form to this section contained to any witness, as follows : “The evidence you shall give to the committee touching (the case to be mentioned-here) and which has been referred to F°"™ of oath 102: Chap. 5. POWERS AND PRIVILEGES. this committee, shall be the truth, the whole truth, and nothing but the truth ; so help you God.” 36 V.c 3,5. 1. POWERS AND PRIVILEGES OF LEGISLATIVE ASSEMBLY. pee Asem. XXXVI. The Legislative Assembly may, at all times, com- peor por. mand and compel the attendance before such Assembly or be- sons,ete. fore any committee thereof, of such persons, and the produc- tion of such papers and records, as such Assembly or com- mittee may deem necessary for any of its proceedings or de- liberations. 39 V.c¢. 12,5. 1. Persons not Hapigindam- XXXVII. No person shall be liable in damages or otherwise, done under for any act done under the authority of the Legislative As- authority of ee ae a Legislative sembly and within its legal power, or under or by virtue of Assembly. any warrant or subpcena issued under such authority ; all such warrants may command the aid and assistance of all sheriffs, bailiffs, constables, and others, and. every refusal or failure to give such aid or assistance when required, shall be an infringement ofthis Act. 39 V.c 12,8. 2. Or liable for Hon Grprose. XXXVIII. No member of said Assembly shall be liable to cution. any civil action or prosecution, arrest, imprisonment, or damages by reason of any matter or thing brought by him by petition, bill, resolution, motion or otherwise, or said by him, before the said Assembly. 39 V.c. 12,8. 3. Except for breach of this XXXIX. Except for any breach of this Act, no member of ct,nomem-— - ¥ ; : ber liable to said Assembly shall be liable to arrest, detention or molestation for any debt or cause whatever of a civil nature during any session of the Legislature. 39 V.c. 12,8. 4 Officers ana XL. During the periods mentioned in the next preceding mbt vor section, all members, officers and employees of said Assembly, serving as and all witnesses summoned to attend before the same or any committee thereof, shall be exempt from serving or attending as Jurors before any court of justice in this Province. 39 V.c. 12,5, 5. Nomemter XLI. No member of the Legislative Assembly shall accept to receive . ' ‘ 1. a“ compensation or receive, either directly or indirectly, any fee, compensation ry Billsute or reward for or in respect of the promoting of any bill, resolu- mitted to As- tion, matter of thing submitted or intended to be submitted to y. : : : : the consideration of the said Assembly or of any committee thereof 39 V.c. 12,8. 6 Orno Barris) | XLII. No barrister, solicitor, or attorney who, in the prac- jo itingror Luce Of his profession, is a partner of any member of the Legis- any member. lative Asseinbly, shall accept or receive, either directly or in- directly, any fee, compensation or reward as aforesaid. 39 V. c. 12,58. 7. POWERS AND PRIVILEGES. Chap. 5. 103 XLITI. Any person violating the provisions of the next two Violation of preceding sections of this Act shall be subject to a penalty of Provisions: five hundred dollars over and above the amount or value of the fee, compensation or reward accepted or received by him, to be paid with full costs of suit to any one who shall sue therefor ; one-half thereof to be-paid to the person so suing, and the other half to Her Majesty for the public use of this Province. 39 V. ce. 12, 8. 8. XLIV. In case judgment is recorded against any member of In case judg. the Legislative Assembly for any penalty under this Act, or imed against case, by a resolution of the said Assembly, it is declared that te ok, a member thereof has been guilty of a violation of the forty- come void. first section of this Act, or in case on the trial of an election petition filed within twe!ve months from the alleged violation, it is found by the judge trying such petition that a member has committed a violation of this Act, the seat of such member shall thereby be vacated, and the election of such member shall thereby become void, and in either case a writ shall issue for a new election, as if he were naturally dead, and the said mem- ber shall ipso facto be incapable of being elected to or of sitting in the Legislative Assembly during the then existing or the next succeeding House of Assembly. 39 V. c. 12,8. 9. XLV. The said Assembly shall be a court and shall have all oo the rights and privileges of a court for the purpose of sum- and privileges marily enquiring into and punishing the acts, matters and® *°""™ things following : (1.) Assaults, insults or libels upon members of the Legisla~ #353"... tive Assembly during the session of the Legislature ; pers: (2.) Obstructing, threatening or attempting to force or in- cn : Intimidati timidate members of said Assembly ; ioubecse ‘ members. (3.) The offering to or acceptance of a bribe by any member Offering or of said Assembly to influence him in his proceedings as such, prea or the offering to or acceptance of any fee, compensation or ; reward by any such member for or in respect of the promotion of any bill, resolution or matter or thing submitted to or in- tended to be submitted to the said Assembly or any committee thereof ; (4.) Assaults upon, or interference with, officers of said aAs- eset wpon sembly, while in the execution of their duty ; accent (5.) Tampering with any witness in regard to evidence to eee be given by hiin before said Assembly, or any committee there- , of ; (6.) Presenting to said Assembly or to any committee there- Wie Hiiae tte. 8S of, any forged or falsified document, with intent to deceive such forged aonax Assembly or committee ; ment. 4 104 Chap. 4. POWERS AND PRIVILEGES. Forging, ete. (7.) Forging, falsifying or unlawfully altering any of the records of such Assembly, or of any committee thereof, or any document or petition presented or filed, or intended to be pre- sented or filed, before said Assembly or committee, or the set- ting or subscribing, by any person, of the names of any other persons to any such document or petition with intent to de- ceive ; Bringing any c a : $e ‘ . a action, or (8.) The bringing of any civil action or prosecution against, causing arrest of any mem. or the causing or affecting of any arrest or imprisonment of any i Assem- member of said Assembly, for or by reason. of any matter or thing brought by him by petition, bill, resolution, motion or otherwise, or said by him, hefore said Assembly ; Qu arrest or 9.) The causing or affecting of the arrest, detention or mo- any member 1 i . any member Jestation, of any member of said Assembly for any debt or Assembly ‘cause whatever ofa civil nature, during any session of the may exercise * : : ¢ powersand Legislative Assembly, during such session; and for the purposes Jurisdiction. of this Act, the said Assembly is hereby declared to possess all such powers and jurisdiction as may be necessary or expedient for inquiring into, judging and pronouncing upon the commission or doing of any such acts, matters or things, and awarding and carrying into execution the punishment thereof provided for by this Act. 39 V.¢. 12,8. 10. Geena XLVI. Every person who, upon any stich enquiry, appears 2 acts appear to have committed or done any of the acts, matters or things, committed, in the preceding section mentioned, in addition to any other erson liable i i ; i imprieen- penalty or punishment to which he may by law be subject, ment during ghall be liable to an imprisonment for such time, during the Session then ‘ . ‘ : being held. session of the Legislative Assembly then being held, as may be determined by the Legislative Assembly. 39 V.c¢. 12, s. 11. ‘Dalerminas XLVII The determination of the Legislative Assembly tion of As- pr i i ot s 4 ono AS. Upon any proceeding under this Act shall be final and conclu- final. sive. 89 V.c. 12,8, 12. In case of XLVIII. In caseofany civilproceeding or prosecution against prosecution any person for, or on account of or in respect of the publica- pees tion or any copy of any report, paper, votes or proceedings of report of As- said Assembly, the defendant, at any stage of the proceedings, an: : dantmay may lay before the court or judge such report, paper, votes or yerify hisafl- proceedings, and such copy, with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy ; and the court or judge shall immediately stay such civil proceedings, and the same and every writ or process issued thereon shall be finally put an end to, determined and super- seded by virtue of this Act. 39 V.c. 12,5, 18. Personmay XLIX. It shall be lawful in any civil proceeding against shew such re- sai 5 port was pub-any person for printing any extract from or abstract of any lished We such report, paper, votes or proceedings to give in evidence 1 POWERS AND PRIVILEGES. Chap. 5. 105 under the general issue or denial, such report, paper, votes or proceedings, and to show that such extract o1 abstract was published bona fide and without malice, and if such shall. be. act: ia be the opinion of the court or of the jury, as the case may be, entered for judgment shall be rendered, or a verdict shall be entered for“°™"°*™™ the defendant. 39 V.c. 12,s. 14. L. In any such proceeding, any copy of the journals of the Journals may Legislative Assembly, printed or purporting to be printed by 22 Qidencein the order of the same, shall be admitted as evidence of such courts. journals by all courts, justices, and others, without any proof being given that such copies were so printed. 39 V.c. 12, s. 15, LI. Except so far as is provided in this Act, nothing herein Excepting contained shall be construed to deprive the Legislative Assem- ee be bly, or any committee or member thereof, of any rights, immu- derived of “Ue oe is ‘ : : ghts or nities, privileges or powers which the said Assembly, commit- privileges. tee or member might, but for this. Act, have been -entitled to 5 exercise or enjoy. 39 V.c, 12,8. 16. LII. To the end that all the debates in the Legislative As- Debates to be sembly be grave and orderly, and that all interruptions should §etiy. °"* °° be prevented : 1.) If any member of the Assembly sha!l make any disturb- Members ance or act in a disorderly manner whilst any member shall @2king dis- be orderly debating, or whilst any bill, order or other matter Speaker may — call upon shall be reading or opening, the Speaker shall call upon the member by member by name making such disturbance ; oe (2.) If such member shall thereupon not refrain from such Ifmember disturbance or disorderly conduct, and shall not forthwith Ges Bocne es make due amends to the Assembly therefor, the Speaker shall May censure thereupon censure such member and shall direct him to be sergeantat- taken into custody by the Sergeant-at-Arms and detained in into custody. such custody for such period as the Speaker shall order ; (3.) If the Assembly shall be in committee of the whole If Assembly when any such disorder or disturbance shall take place, the whensuch” committee shall forthwith rise, report progress, and ask leave {isturbance to sit again, and the chairman shall inform the Speaker of the mittee to rise fact of such disorder, whereupon the Speaker shall deal there- to aa with in the manner hereinbefore provided for as fully and ef- spose fer, fectually, and in all respects as if such disorder had taken place while he was occupying the chair. 39 V.c. 12,8. 17. 106 Chaps. 6, 7. PUBLIC \ OFFICERS. CHAPTER VI. An Act respecting the Executive Government of Manitoba. Lieutenant-Governor, s. 1. Her Mavesty, by and with | Executive Council, s. 2. the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : EXECUTIVE GOVERNMENT. I. For the Province of Manitoba there shall be an officer styled the “Lieutenant-Governor” appointed by the Governor in Council by instrument under the Great.Seal of Canada. 33 V. c. 3, 8. 6. II. There shall be an Executive Council of the Province of Manitoba which shall be composed of such persons, and under such designations as the Lieutenant-Governor shall, from time to time, think fit. 33 V.c. 3, s. 7. CHAPTER VII. An Act respecting public officers, their duties and their ap- pointment. Demise of the Crown as to commis- sions, s.l. Effect of proclamation and oath, s. 2. APPOINTMENT OF OFFICERS GENERAL- LY— | Appointment by the Crown in certain cases and generally, s. 3. Generally when there is a public offi- ce vacant, s. 4. POLICE AND POLICE MAGISTRATES— Crown may appoint one or more po- lice magistrates, 8s. 5. And may at any time remove them, 8. 5. Power of police magistrates, s. 6. ‘Annual returns and statements, 5s. 7. Powers of mayor and alderman, re- stricted, s. 8. Justices not such ex-officio have general jurisdiction, s. 8. May appoint chief of police and sub- ordinate officers, s. 9. May appoint special constables, &c., or confer the power of appointment to others, s. 10. Power and jurisdiction of chief of po- lice, &c., 8. 11. ; Duty of persons to aid and assist, s. 12. Power of the Governor over, s. 13, Fines, &c , how recovered and impos- -ed, 8. 14. Nothing to affect general power of ap- pointment of peace officers, s. 15. JUSTICES OF THE PEACE AND CoRO- NERS— Governor to appoint justices of the peace, s. 16. Governor to appoint police magistra- tes for Province, s. 17. New commission, cancel former, s. 18. Justices of the peace to be most com- petent, s. 19. Barrister and Attorney not to be un- less, &¢., 8. 20. Qualification of justices of the peace, 3 : Certificate to be deposited where, s. 22. Copy how obtained, s. 23. Penalty for acting without qualifica- tion, s. 24. Penalty how enforced, s. 25. Lands not mentioned in oath, s. 26. Charges on lands, s. 27. If qualification consists of rents, s. 28. Defendant if successful to recover treble costs, s. 29. When proceedings to be stayed, s. 30. Manner of proceeding in actions, s. 31. Penalty for false statement, s. 82. Limitation of actions, s. 33. Provisions of Act not to extend to persons holding situations. s. 34. DEMISE OF CROWN, Sheriffs and coroners disqualified, s. Exception as to Coroners in certain Cases, S. 35. APPOINTMENT OF SHERIFF AND DEPU- TY SHERIFFS— SOR er to appoint Sheriff of Mani- [oba, S. 36. Governor to appoint deputys in each judicial county, 8. 37. Sheriff to give security, s. 33. Security tobe $6,000, s. 39. Security to be to the Queen, s. 39. Bond—how prepared, &c.,s. 40. Notice in respect of seeurities, s. 41. if surety dies or leaves, &c., 8. 42. Penalty for performing duties with- out having given security, or refus- ing to perform duty, s. 43. When after death of sheriff surity dis- charged, s. 44. Books of sherifts to be property of the Crown, 8. 45. Penalty for withholding books, &c. s Books, &¢., to be delivered over to successor. 8. 47. Proceedings for refusal to deliver pa- pers, S. 48. Sheriffresign or in case of death his legal representatives to have access to books, &c., s. 49. Books which sheriff shall keep, and - how, s. 0. Sheriffto supply books, &c., al his own cost, 8. 51. GAOLS AND THE GOVERNMENT THERE- or— Lt.-Governor may declare certain buildings common gaols, s. 52. Common gaols to be under control of sheriff, s. 53. Sneae to make rules for government, s. 54. Rules to be approved by Lt.-Governor in Council, s. 55. Physician to be appointed by Lt.-Gov- » ernor in Council, s. 56. Lt.-Governor in Council to appoint gaoler, officers, &c.,s. 57. APPOINTMENT OF CROWN ATTORNEYS— Govercar to appoint Crown attorneys, 8s. 58. To be paid according to tariff, s. 59. _ Duty of Crown Attorney, s. 60. Crown Attorney to take oath before a judge of Q. B.,s. 61. Crown Attorney to render yearly acct. to Governor, s. 62. “Word Assizes’’—meaning of, s. 62. Clerk of the Crown and peace to act when no attorney appointed, s. 64. APPOIONMENT OF NOTARIES PuBLIC— Governor to appoint Notaries. s. 65. Powers of Notaries. s. 66. ‘ APPOINTMENT OF COMMISSIONERS FOR TAKING AFFIDAVITS— Governor, upon petition or otherwise, may appoint, s. 67. Com missioners—how styled, s. 68. Chap. 7. OATHS, AFFIDAVITS, &C., BEFORE OTHER FUNCTIONARIES— Who may administer and evidence ot, 5. 69. EFFECT OF SUCH ISTRUMENTS AS EVID- ENCE — To be admitted as evidence without proof of signature, s. 70, Effect of affidavit as to registration of deeds, s. 71. No informality to heading or other informality to be an objection, s. 72. OFFICIAL GARETTE AND QUEEN’S PRINTER— : The Governor to authorize publica- tion of Gazette, 5.73. __ The Governor may appoint a Queen’s Printer, s. 74, : “ Duties of Queen’s Printer, s. 75. Notices to be published in Gazette, 8. 76. : ' Conditions and charges and to whom to be sent, Ss. 77. Queen’s Printer’s salary, s. 78- ; Profits or moneys arising from publi- cation, s. 78. e : Copies of Orders in Council in relation to to be laid before Legislature with- in 15 days, s Authenticity of notice in Gazette and authority of Queen’s Printer, s. 80. Until such time Governor to authorize frome other person to print and pub- lish Statutes, &c., s. 81. : Prepayment before publication, s. 82. Moneys to form part orC. R. F., 8. 83. APPOINTMENT OF COMMISSIONERS TO MAKE INQUIRY CONCERNING PUBLIC MATTERS— ; Governor to appoint commissioners, when, s. 54. : Duty and power of commissioners, s. FIRE COMMISSIONER AND H1S DUTIES— Hire commissioner for the Province, 8. 86. Lt.-Governor in Council to appoint, s. Duty of commissioner, s. 88. Commissioner to have power to judge C., 8. 89. ae to be examined under oath, s. 90. Commissioner may issue warrant for witness, s. 91 Powers of commissioner, s. 92. Witness aaa to answer may be committed, s. 93. Commissioner’s power to arrest sus- pecious persons, s. 94. Also to arrest eee disturbing peace at tires, s, 95. Commissioner to have service of po- lice, s. 96. Returns to be made to the clerk of the Crown and peace, s. 97. Payment to commissioner for his ser- vices, s. 98. Commissioner to hold inquest upon torrnal requisitions, s Upon command of ‘Lit!-Governor to hold inquiry into prairie fires, s. 100. HER Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : COMMISSIONS ON DEMISE OF THE CROWN. I. Upon the demise of the Crown, it shall not be necessary to renew any commission, by virtue whereof any public func- tionaty in this Province held his office or profession, during the previous reign ; but a proclamation shall be issued by the Lieut.- 107 Demise of the Crown as to commissions, 108 Chap. 7: APPOINTMENTS. Governor, authorizing all persons in office who hold commissions under the late Sovereign, and all functionaries who exercised any profession by virtue of any such commissions, to continue in the due exercise of their respective duties, functions and professions ; and such proclamation shall suffice, and the in- cumbents shall, as soon thereafter as may be, take the usual and customary oath of allegiance before any person authorized by law to administer the same. ‘ Proclamation JT. Such proclamation being issued and oath taken, every vgndoath , such public officer and functionary shall continue in the lawful of. exercise of the duties and functions of his office and profession, as fully as if appointed de novo by commission derived from the Sovereign for the time being from the date of his or her accession to the Crown; and all acts and things bona fida done and performed by such incumbents in their respective offices, and in the due and faithful execution of their duties and func- tions, between the time of such demise ana the proclamation so to be issued as aforesaid, shall be deemed to have been legally done, and shall, accordingly, be valid ; provided always that nothing in this or the preceding section shall prejudice, -or in any wise affect the rights or prerogatives of the Crown with respect to any office or appointment derived from or held under the Crown, nor prejudice nor affect the rights or pre- rogatives of the Crown in any other respect whatsoever. APPOINTMENT OF OFFICERS, GENERALLY. 4 Ineaseofmu- II]. The Lieutenant-Governor in Council may, where no nicipal of} ynunicipalities are established, appoint a sufficient number-of fit and proper persons to serve as overseers of roads or path- masters, pound-keepers, constables and other officials, in the various localities of the Province wherein it shall seem to him expedient that such appointments should be made, and remove, supersede and re-appoint others in their stead, at pleasure : Geaciea provided always that the Lieutenant-Governor in Council may may bécon- atany time by proclamation convene a grand jury at any Yened ty Piorregular sittings of the county court in any county judicial appointment. division, for the purpose of appointing the officers aforesaid, which said grand jury, in conjunction with the presiding judge at the county court, shall appoint the officers aforesaid ; and such appointments so made shall, by the clerk of the court, be communicated to the persons appointed, who shall, thereupon, become ipso facto duly appointed, and responsible for the pro- per discharge of the duties of their respective offices ; and pro- Dutiesana Vided further that all the officers in this section mentioned obligations of shall conform to the tariff of fees and the regulations which eter” *P* shall from time to time be prescribed for them by the Lieut- enant-Governor in Council, or by the Legislature, or otherwise according to law. 39 V.c. 4, ss. 5, 6. General pow. IV. In case of the neglect or omission of the appointment of oat pont any officer by any local authority, or in case any local public ’ POLICE. Chap. 7. 109 office shall be vacant from any cause, and the interest requires there is an that it should be filled, or in case there shall be any local or omisepn oF _ general public office vacant, and it shall geem expedient in the public interest that the same should be filled, and generally, in the case of all offices of a public nature, the appointment to which is not specially provided for by law, the Lieutenant- Governor in Council may appoint persons to, and may fill, all or any of such offices, as if special power of appointment in each particular case, had been conferred upon him by preroga- tive of the Crown or by an Act of the Legislature. 35 V.c. 3, 8. 34, POLICE AND POLICE MAGISTRATES. V. The Lieutenant Governor in Council may, whenever he Crown may shall think the public interest requires him so to do, appoint cranore police one or more police magistrates residing in the outlying parts of Bye gaes the Province, and may define the territorial limits of their se- eer parate and respective jurisdictions; and a sum not exceeding per aaa. ‘four hundred dollars per annum, out of the consolidated re- venue of this Province, subject to all prier chaiges thereon, may be ;aid to each police magistrate so appointed, in propor- tion to the time and care by them respectively devoted to the fulfilment of the duties of their offices ; provided always that crown may at the Lieutenant Governor in Council may at any time remove, 2ny time re- supersede, or dispense with any or all of such officers, and re- : apppoint other or others in-his or their stead, at pleasure. 39 V.c.4, ss. 1, 2. VI. The police magistrate so appointed shall, within their Powers of respective jurisdictions severally possess and exercise all the powers and authorities possessed or capable of being exercised by any one, or any two or more justices of the peace sitting and acting together. 39 V.c. 4,8. 3. VIj. In addition to the duties and obligations, in respect of Duties. returns of convictions and other matters imposed upon jus- tices of the peace by the common law and the statutes of Ca- nada, the said police magistrates shall at the close of every cal- endar year each make up a retura of the number and nature of the cases and of the offences which have been brought be- fore them, or which they have heard or tried or otherwise dis- posed of, and the manner in which each case has been disposed of, and a statement of the penalty imposed in each case, whether fine or imprisonment, or both, together with the costs in each case, and the disposition that has, in each case, been made of all monies received, whether for fines or costs, or both, and shall transmit such return and statement to the Provincial Secretary during the month of January in each year, or often- er if required by the Lieutenant Governor; provided always Annual re- that the Provincial Secretary may prescribe forms, after which statements the said returns and statements may be made ; but until such forms shall have been provided, the said police magistrates 110 Chap. 7. POLICE. shall make returns and statements containing the information required by this section ; and in default thereof shall be liable to be dismissed, or otherwise dealt. with according to law. 39 V.c 4,8. 4 Power of | VIII. All powers and jurisdictions exercisable respectively alderman ree by the Mayor and Alderman of the City of Winnipeg by vir- epee tue of their being ex officio justices of the peace, shall be cir- cumscribed, limited and confined to violations of, and offences committed against the by-laws of the corporation of the City of Winnipeg: provided always that nothing in this section contained shall be construed to affect the powers and jurisdic- The ok tions of justices of the peace appointed under the great seal general pow- of the Province in the City of Winnipeg or elsewhere accord- — ing to the tenor and effect of their commissions in that behalf. 39 V.c. 4,8, 7. May appoint IX. The Lieutenant-Governor in Council may, from time to of police, .. . See : &e. time, as may be found necessary in the administration of jus- tice and in the preservation of the peace and good order of society, appoint a chief of police and such subordinate officers as it shall seem to him expedient, who shall hold office during pleasure; and he may remove, supersede or dispense with them or any of them, and re-appomt others in his or their stead, at pleasure. 34 Vic. Il, s. 2. : May appoint X. The Lieutenant-Governor in Council may, from time to special con- ‘ 5 stables, &c., time, and as occasion shall require, appoint such number of cower of ae special or other constables, or peace officers, as to him shall pointing upon seem expedient ; or confer the power of appointment thereof upon the chief of police or upon any other person or persons he shall see fit; and he may define their offices and positions, and assign their duties, and may prescribe such rules and re- gulations, and from time to time revoke or supersede the same with other rules and regulations, both for the governance of _ the chief of police and also of all others, as to him shall seem meet ; and generally, may do all such matters and things and prescribe all such rules and regulations respecting the creation, organization, maintenance, government and control of such chief of police, subordinates, constables and other officers, and of all persons under them, as shall to him seem necessary or expedient in or about the premises. 34 V.c¢. 11, 5.8. 3, 23. Powers and =X JT, The chief of police and every subordinate officer, con- jurisdiction . ; of chief of po- stable and person so created and appointed as aforesaid, unless ee the contrary shall appear in the instrument of his or their ap- pointment, shall, so long as he or they shall continue, or be continued, in such appointment, be a constable for, and have jurisdiction in, and may execute his or their office.and all pro- cess in the whole or any part of the Province. 34 V.¢.11, 8. 7. JUSTICES AND CORONERS. Chap. 7. lll XII. It shall be the duty of every person in this Province, when called upon by any peace officer, promptly to aid and assist him in the execution ot his duties; and whenever any person shall wilfully neglect or omit so to do, he shall, in addi- tion to any other penalty prescribed by law, on conviction be- fore a justice of the peace, be subject to a fine not exceeding twenty dollars, and in default of payment thereof forthwith, upon conviction, to imprisonment in the common gaol fora period not exceeding thirty days. 34 V.c. 11,8. 25. ) ot 5 j Power of the XIII. The Lieutenant-Governor in Council may, at all times Fewer of and from time to time, in the case of the chief of police and of in Council all subordinates and persons under him, whether officers, con-thines. stables or privates, as he may in all other cases not provided for by law, fix and determine their compensation respectively, and generally order, direct and determine all matters and things connected with the management, ordering and arrange- ment of all matters connected with the office and duties of the chief of police, subordinate officers, constables, privates and other persons connected with him, them or any of them. 34 V.c. 11, s. 23. XIV. All fines or penalties imposed for offences committed Fines, éc., . . : . . Ow recover= under this or any Provincial Act for which no special mode of ed andim- procedure is prescribed, may be recovered or imposed in a sum- ?°5¢4- mary manner before any one justice of the peace; and the pro- cedure may be that prescribed in cases of summary convictions and orders out of sessions. 34 V.c. 11,5. 26. XV. Nothing herein contained shall be construedas limiting Not to affect or affecting the power of the appointment of constables or Sfappoiee’™ of special constables in particular cases, or of peace or other ment of peace officers in general, wherein and wherever such power of ap- , pointment now exists. 34 V.c. 11,s. 14 APPOINTMENT OF JUSTICES OF THE PEACE AND CORONERS. XVI. It shall be lawful for the Lieutenant-Governor in Governor in Council, whenever he shall think fit, to appoint under the Sonngiiear great seal, one or more justices of the peace, and one or more coroners, in and for every city, town or county in the Province of Manitoba, or for the whole Province. 38 V.c. 9,5. 1. XVIL. It shall be lawful for ,the Lieutenant-Governor in 0, police Council to appoint under the great seal, a police magistrate masistrate. tor the whole Province of Manitoba; and such police magis- trate’so appointed shall have jurisdiction over the whole Pro- vince, and shall have all the powers pessessed by one, two or more justices of the peace. 34V.c. 9,8. 2. XVIII. Whenever a new commission of the peace shall be New com- issued, all and such like former commissions shall become ab- ener solutely revoked and cancelled ; but nothing in this Act con- Commission. 112 Chap. 7. JUSTICES AND CORONERS. tained shall prevent the re-appointment of any justice of the peace named in such former commission, if the Lieutenant- Governor shall think fit. 38 V.c. 9,s. 2. Justices of the XIX. All justices of the peace appointed in the several peace toh? counties of this Province shall be chosen from among the most petent per- competent persons dwelling in the said counties respectively. Ney 38 V.c. 9,8. 3. No barrister, _ XX. When not otherwise specially provided for by law, no he ae a barrister, attorney or solicitor in any court whatever shall be dees. Seta appointed or act as a justice of the peace in and for any coun- ty of this Province during the time he continues to practice as such. 38 V.c. 9,5. 4. oeeiaeoue XXI. When not otherwise provided for by law, no person the peace. shall be a justice of the peace or act as such within any coun- ty of this Province who has not in his actual possession, to and for his own proper use and benefit, lands, tenements or other immovable property, lying and being in this Province, of or above the value of five hundred dollars, over and above what will satisfy and discharge all incumbrances affecting the same , and over and above all rents and charges payable out of or af- fecting the same, or who, before he takes upon himself to act as a justice of the peace, does not take and subscribe the oath following, before some justice of the peace, that is to say: “I, A. B, do swear, that I truly and bona fide have to and for my own proper use and benefit such an estate (specifying the same by its local description) as doth qualify me to act as a justice of the peace, according to the true intent and mean- ing of the statute in that behalf;—(nature of such estate, ° whether land, aud if land, designating the number of the lot or quarter section) ; and that the same is lying and being within the parish or township, or in the several parishes or townships of (or as the case may be.) : so help me God.” 38 V.c. 9,5. 5. Certificates to XXII. A certificate of such oath having been so taken and Anofiiceot subscribed as aforesaid, shall be forthwith deposited by the Becrstarg: justice of the peace who has taken the same in the office of the Provincial Secretary ; no person shall be published in the Manitob Gazette as a justice of the peace for any county of this Province, until and after the said person has strictly and fully complied with the requirements of the 21st and 22nd sec- tions of this Act. 38 V.c.9,s.6; 42 V.c.13,8. 1. pioinele XXIII. The Provincial Secretary shall, upon demand forth- shallon'de- with deliver a true and attested copy of the said oath in writ- manitested ing to any person paying the sum of twenty-five cents for the copy fsuch same; which copy being produced as envidence on the trial of any issue in any action or suit brought under this Act, shall have the same force and effect as the original would have if produced. 38 V.c. 8,8. 7. JUSTICES AND CORONERS. Chap. 7. 113. XXIV. When not otherwise provided for, any person who Penalty on. acts as justice of the peace in and for any city, town or county qenbe aneltls in this Province, without having taken and subscribed the without ny cessary quali- aforesaid oath, or without being qualified according to the fication. true intent and meaning of this Act, shall for every such offence forfeit the sum of one hundred dollars; one moiety to Her Majesty and the other moiety to such person as shall sue for the same, to be recovered, together with full costs of suit, by civil action in the court of Queen’s Bench; and in every such action, the proof of his, qualification shall be upon the person ayainst whom the action is brought. 38 V.c¢. 9, s. 8. XXV, If the defendant in any such action, intends to insist Manner of | | upon any lands, tenements or real estate not mentioned in Tniores sueh the oath aforesaid as constituting the whole or any part of his Penalty: qualification to act as a justice of the peace, at the time of the offence alleged against him, he shall at or before the time of his pleading deliver to the plaintiff or to his attorney, notice in writing, specifying such lands, tenements or real estate, and the township, parish or place and the county in which the same are respectively situate ; and if the plaintiff in any such action, thinks fit thereupon not to’proceed any further, he may with leave of the court, discontinue such action, on payment of such costs to the defendant as such defendant may be enti- tled to, according to the course and practice of the court. 38 Vic 9,5. 9. / XXVI. Upon the trial of any issue in any such action as Landsnot aforesaid, no lands, tenements or real estate which are not OF - mentioned in the oath or notice as aforesaid, shall be insisted notice inad- upon by the defendant as part of his qualification. 38 V. ¢, 9, proof of qua- s. 10. : XXVITI. When the land, tenements or real property men- when char- tioned in the said oath or notice, are together with other lands, °8 on land I tenements or real property belonging to the person taking such oath, or delivering such notice, liable to any charges, rents or incumbrances, then the lands, tenements and real property mentioned in the said oath or notice shall be deemed liable and chargeable only so far as the other lands, tenements and other real property, so jointly charged, are not sufficient to pay, satisfy or discharge the same. 38 V. c. 9, s. 11. _ XXVIII. When the qualitications hereby required, or any If qualifica- part thereof, consists at vent, it shall be niriaenl to specify ofrent. such oath or notice so much of the lands, tenements or real property out of which such rent is issuing as is of sufficient value to secure such rent. 38 V.c. 9, s. 12. XXIX. In case the plaintiff in any such action, discontinue Defendant it i: fi x 5 ful to the same, otherwise than as aforesaid, or judgement be given receive treble against him, the defendant shall recover treble costs. 38 V. c. Sts: 9, s. 13. 8 114 Chap. 7. JUSTICES AND CORONERS. When pro- XXX. In case-an action be brought, and due notice thereof ceedings inse- he given to the defendant, no proceedings shall be had upon to be stayed. any subsequent action, against the same person for any oftence , committed before the time of giving such notice : and the court wherein a subsequent action is brought and pending, may, upon the defendant's motion, stay the proceedings, if such first action be prosecuted without fraud or delay and with effect, and no action shall be deemed an action, within the meaning of this section, unless it be so prosecuted. 38 V.c. 9,5. 14 , 4 XXXI. The court in which any action is brought for the anner of : ¥ 38 proceedings recovery of any such penalty, may require from ths plaintiff Mitelior his declaration upon oath that such action is brought ofpensitice Without fraud, and not for the purpose of protecting the de- fendant from any action, which might be brought by any other person by reason of the same offence; and if such declaration be not made to the satisfaction of the court, the action may be immediately dismissed with costs. 38 V.c. 9,s. 15. XXXII. If the statement in any such oath, or declaration Penalty for under oath as aforesaid, be false to the knowledge of the per- ment. son making the same, such person, in addition to all other pe- nalties imposed by law shall be liable to a fine of two hundred and fifty dollars, or six months’ imprisonment in the common gaol in default of payment. 38 V.c. 9, s. 16. Limitation of XX XIII. Every such action shall be commenced within the eee space of six months next after the offence has been committed. 88 V.c. 9,8. 17., eae XXXIV. Nothing in the provisions aforesaid shall extend Frovisions oft the members of Her Majesty’s Executive Council in this ae hae Province, or to the judges of the court of Queen’s Bench, or to ing certain any person expressly exempted in Her Majesty’s commission, situations. . or to any of Her Majesty’s counsel learned in the law, who, by reason of their offices are justices of the peace, or to any mayor, alderman, warden or deputy-warden, reeve or deputy- reeve of any municipality, who are ea officio justices of the peace. 38 V.c.9,8. 18. ' ; XXXYV. The coroners heretofore appointed by the Lieuten- Sheriffs and ant-Governor in Council for the several counties of the Pro- empted. vince shall be coroners for the whole Province of Manitoba, and all coroners hereafter appointed by the Lieutenant-Gov- ernor in Council shall be for the whole Province of Manitoba ; but no person having, using or exercising the office of sheriff or coroner in and for any city, county, or place in Manitoba, shall be competent or qualified to be a justice of the peace, or to act as such for any county wherein he is sheriff or coroner during the time he uses or exercises such office, under the pen- alties aforesaid ; and every act done by such sheriff or coroner, by. the authority of any commission of the peace during the time aforesaid, shall be absolutely void and of none effect ; SHERIFFS AND DEPUTY SHERIFFS, Chap. 7. 115 provided always that it shall be lawful for the Lieutenant- Governor in Council, under special circumstances, and in view of the public convenience, and in the promotion of the publi¢ g,,oners may interest, by commission under the great, seal to confer upon also be justi- one and the same person the offices of coroner and justice of peace if em- peace ; and in every such case it shall be lawful for the said Bot inission. person so appointed during the time he holds such commission, to exercise and perform the duties both of the oftice of coroner and justice of the peace. 38 V.c. 9,519; 43 V.c. 6,8. 5, SHERIFF AND DEPUTY SHERIFFS, XXXVI. The Lieutenant-Governor in Council shall appoint Governor to a sheriff of the Province who shall hold office during pleasure, y¥s erie and who shall be designated the “Sheriff of Manitoba,” and > who shall have as such sheriff jurisdiction, and exercise and discharge the duties of the office of sheriff, over the entire Pro- vince. 34 V.c. 2,5. 8. XXXVI. In each judicial county the Lieutenant-Governor Governor to Council.may also appoint a deputy sheriff who shall be desig- rena e nated the deputy sheriff of the county of (naming the county ¢3ch judicial for which he is appointed), who skall discharge such portions of the duties of the sheriff of Manitoba as are connected with, and appertain to the county of which he is such deputy sheriff as aforesaid, and such other duties as the sheriff of Manitoba, may assign to him, or that, may be assigned and appertain to. him or to his office by law. 34 V.c. 2,8. 9, XXXVIIL. No person shall execute any of the duties of the Sieriffto give office of sheriff until he has given security by bond or bonds nes or otherwise to Her Majesty, her heirs and successors for the due execution thereof, to the amount, and in the manner here- inafter enacted and required. 388 V.c. 8,5. I. _XXXIX. The security required from the sheriff of the Pro- S." irity to be vince of Manitoba shall be the sum of six thousand dollars: ” = (1) Every such bond or bonds or other security shall be tos. i , our Sovereign Lady the Queen, her heirs and aoe ae ‘eSover the condition shall be that the said sheriff shall well and truly iene demean himself in the execution of all and every the duties Of his office in all matters, and shall duly pay over all monies to be levie:l or received by him as sheriff to all and every the persons lawfully entitled to receive the same ; and such bond or bonds or other security shall avail to Her Majesty, and to all persons whomsoever aggrieved by any breach of the condi- tion aforesaid, or any part thereof. 38.V. c 8,8. 2. XL. Every such bond or bonds or other security shall be * Rt be” to be made in dplicate, and shall be taken, cowiedee! and ai. | epone lowed by and before one of the judges of the court of Queen's...) orGourt Bench ; and one duplicate thereof shall be filed in the office Ghee ae” “swith 116 Chap. 7. - SHERIFFS AND DEPUTY SHERIFFS. Seoranci@t the court of Queen’s Bench, and shall remain among the re- cords thereof; and the other duplicate shall be deposited in the office of the Provincial Secretary ; and every person shall be entitled to inspection at proper office hours, and to a copy of any such bond or bonds or other security, either at the office of the court of Queen’s Bench or at the office of the Provincial Secretary, upon payment of twenty cents for every inspection, and one dollar for every copy. 38 V.c. 8,8. 3. Ratios XLI. Before the allowance of such bond or bonds or other enceof securi- Security, notice in writing shall be duly given to the Provincial ics to be siv- Secretary three days, at least, before the time allowance is to en to Provin- a Secreta- be moved, specifying the day, hour, and particular place of moving such allowance, and the names, additians, and abode of the persons intending to become sureties ; and no such bond or Proofofno- bonds or other security shall be allowed until after due proof, tice toremain upon oath, has been made of the giving of such notice in writ- recordin . ae > . : Prov.-See.'s_ ing, which proof of notice shall remain on record in the office pene of the Provincial Secretary, and inspection thereof shall at all times be given gratis to any person applying therefor ; valid wal ° (1.) Such bond or bonds or other security shall not be deem- valid ed sufficient until the sheriff and the parties thereto shall have justified their sufficiency to the amount in which they are re- spectively liable, or have otherwise satisfied the judge and the Provincial Secretary. 38 V.c.8, 5s. 4. Ifrecurity XLII. If any person, who has become surety for any sheriff, pes.or deaves afterwards dies, or becomes insolvent, or departs from the Pro- security to be vince of Manitoba, with the intent of establishing his domicile ' browee elsewhere, the sheriff for whom such person has become surety shall provide a new surety in the manner and for the same amount as the displaced surety, and the bond or bonds or other security of the substituted surety shall be taken, acknowledged, allowed and filed, in the manner hereinbefore mentioned. 38 Vie. 88.5. Porferisgor. XLII. Every person who presumes to perform any duty fefusing to | belonging to the office of sheriff, without having given the re- of sheriff quired security, or who, having given such security, refuses or ne neglects to renew the same in any of the cases requiring such renewal, and continues to act as sheriff in civil matters, after such refusal or neglect, shall be dismissed from the said office of sheriff, and shall forfeit and pay for the said offence a sum of two thousand dollars, to be recovered with costs of suit, in the court of Queen’s Bench for Manitoba, by action of debt; one moiety of which penalty shall goto Her Majesty, and the other moiety to the person suing for the same, within six months after the offence has been committed. 38 V.c.8,s. 6. Highteen XLIV. When any sheriff dies, is removed from, or resigns months after his office, and within the space of eighteen months after such uf security death, removal or resignation and no misbehaviour appears to x SHERIFFS AND DEPUTY SHERIFFS. Chap. 7. 117 have been committed by such sheriff in the execution of his office, then at the end of the said eighteen months the bondor bonds or other security so entered into by his sureties, shall be- come void and of no effect as to such sureties, to all intents and purposes whatsoever, but such sheriff, his heirs, executors and administrators, respectively, shall not be exonerated, if misfeas- ance, malfeasance or nonfeasance in office be afterwards dis- covered and established : (1.) Except that the sureties of every such sheriff shall ve- Security res- main bound and liable by virtue of, and to the amount men-sums for one tioned in the bond or bonds or other security, for all monies eae ANCE levied by such sheriff, until the expiration of five years after ™™ the date of any judgment by which such sheriff, his heirs, or legal representatives, is or are required to pay over the said monies to the person or persons entitled to receive the same. 38 V.c. 8,5. 7. XLV. All books, accounts, records, papers, writs, warrants, Books, &e., in processes, moneys, and other matters and things, in the Reriirto be. possession or under the control of any sheriff, by virtue of, or Broperty of. appertaining to his office as sheriff, shall be the property of the to be given to government of this Province ; and the same and every of them ‘ shall, immediately upon the resignation, removal from office, or death of any such sheriff, be by the party in whose possession or control they may come or happen to be, handed over to and taken possession of by, the successor in office of such sheriff, or such person as the Lieutenant-Governor shall appoint to re- ceive the same. 38 V.c. 8,8. 8. : . XLVI It shall not be lawful for any person, except the suc- Penalty ofnot cessor in office of the sheriff so resigning, being removed or @hareind dying, or the person so to be appointed by the Lieutenant- Ee ge Governor as aforesaid, to take, have or hold any such books, illegally hold- accounts, records, papers, writs, warrants, processes, moneys or prvetr et other matters or things ; but any person having or holding any Pee of the matters aforesaid, shall, forthwith on demand, deliver of sheriff. over the same and every of them to the said succeeding sheriff, or to the person so to be appointed as aforesaid ; and upon any such person wilfully neglecting or refusing so to do, on convic- tion thereof, he shall, in the discretion of the court, be liable to pay a penalty to and for the use of Her Majesty of not less than ten (ollars, nor more than fifty dollars, besides costs ; for every day he shall so neglect or refuse ; and in default of the payment of said penalty an’ costs he shall be imprisoned in the common gaol for a perio.! not exceeding one year, or until ve ga penalty and all costs shall have been full paid. 38 V. ce. 8, 8. 9. XLVI. Any person who Has at any time held the office of any ee sheriff in Manitoba, if alive, and the heirs, executors and ad- office ofshe- ministrators of every such person, if dead, shall forthwith de- vay ay dee liver over j . j i present she- er to the sheriff for the time being, all books, accounts, Press pao; ¢ 118 Chap. 7. SHERIFFS AND DEPUTY SHERIFFS. % &.,inhis records, papers, writs, warrants, processes, and all other mat- Possession. ters and things whatsoever in his or their possession, custody or power, and which such persons or such sheriff, by virtue of his office, kept, recived, or became possessed of. 38 V.c. 8,8. 10. : Proceedings , SHVIL. If any deputy sheriff, bailiff, or sheriff's officer when sheriff shall have in his possession, custody or control, any writ of iver up wits, SUMMONS, fiert facias, or other writ, or any bench warrant or &e. process whatsoever, and shall upon demand made by the sher- iff from whom the same may have been received, or his suc- cessor in office, or by any other party entitled to the posses- sion of the same, neglect or refuse to deliver up the same, such sheriff or his successor in office, or the party entitled to the possession of the same, may proceed by summons and order before any judge having jurisdiction in the court out of which such writ or process issued, to compel the production thereof; which order may be enforced in the same manner as like orders for the return of writs against sheriffs, and with or without costs, or be discharged with costs against the party applying, in the discretion of the judge aforesaid. 38 V.c. 8, 8, 11. * pice XLIX, Any sheriff, after resigning office, or removal. from ingorheirs Office, or his heirs, executors or administrators, shall or may, at toss to boos, any and at all time or times hereafter, have the right, and he at ee. liberty to have access to search and examine into any or all accounts, books, papers, writs, warrants and processes of what- » ever kind, and all other matters and things which were form- ly in the possession of him, the said sheriff, before his resigna- tion or removal, and which at the time of making or requiring to make such search or examination, are in the possession or control of the succeeding sheriff, or the then sheriff, free of all costs, charges and expenses. 38 V.c. 8, s. 12. Books which -: livery sheriff shall keep in his office the following books, sheriffsball_ namely: (1) process books, in which shall be entered a mem- ent et POW ovandum of every process (other than writs of execution, or writs in the nature of writs of execution) received by the sher- iff the court out of which the same issued, the date of the re- ceipt, the nature of the process, the name of the parties there- to, the attorney by whom issued, the date of the return, and the nature of the return made thereto, or what was thereunder or therewith done respectively ; (2) execution books, for goods and lands respectively, in which shall be entered a memoran- dum of every writ of-exection, or writs in the nature of writs of execution, the court. out of which the same issued, the names of the parties thereto, the attorney by whom issued, the date of return, and the nature of the return made thereto, or what was done thereunder or therewith ; and (3) a cash book, in which shall be entered all cash received or paid away by the sheriff in his official capacity, or in connection with his office, fur any service whatever, for fees, poundage, service of GAOLS. Chap. 7. 119 process’ and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment, the cause matter or service in which, or on account of which, the same was re- ceived or paid away. 38 V.c. 8,s. 13. LL. It shall be the duty of every sheriff to supply- himself Sherif te ap with the books in the next preceding section mentioned, and books atown the cost thereof shall be paid by himself. 38 V.c. 8,5, 14 ' GAOLS AND THE GOVERNMENT THEREOF. LII. The Lieutenant-Governor in Council may, by procla- i bes eia mation, declare the building in the city of Winnipeg, now used voniney a as the common gaol for the Province, to be the common gaol buildings to of the Province; and may also, from time to time, by procla- gaois. mation, when he shall deem the same expedient for the pur- poses of the administration of justice, order the construction or employment in any county of one or more other buildings suitable for the purpose, to serve as gaols, and may declare such building or buildings to be common gaols for any county, and any person-arrested for any - offence or crime, whose im- prisonment may be ordered by competent authority, may be imprisongd in any of the common gaols, whether in that of the Province or of any county. 35 V. ¢. 29,8. 1. LIII. The common gaol of the Province shall be under the Common gaol control and supervision of the sheriff of Manitoba, and in order control ofshe- to the maintenance of order therein, and with regard thereto, the gaoler shall hereafter be appointed by the Lieutenant- Governor in Council, on the recommendation of the said sher- iff, and all turnkeys shall be appointed by the said sheriff, with the approval of the Lieutenant-Governor in Council, and shall hold office during pleasure ; and the gaoler and turnkeys shall be under the order, control and direction of the sheriff, who shall see to the proper direction of the gaol, and the pre- servation of discipline therein, and shall also adopt all proper measures for the security of prisoners in custody therein. 3% Vic. 39, 8. 2. : LIV. The sheriff may, from time to time, make rules and re- Sheriff to gulations with regard to the government of the Provincial gaol, for govern- the maintenance of order therein, the duties of the gaoler and a turnkeys, the maintenance of discipline, and the employment of prisoners, and with regard to all matters necessary for the proper security and the due ordering of the gaol. 38 V. ¢. 29, LV. And all the rules aforesaid shall, within ten days after Bucs toPS the making thereof, be transmitted by the said sheriff to the jocietk Ex, clerk of the Executive Council for the consideration of the in ten days of $ 5 o . making for Lieutenant-Governor in Council, who shall have power to approval of amend, approve or disallow any of such rules and regulations, 19°" 120 Chap. 7. CROWN ATTORNEYS. and allsuch rules and regulations shall after such amendment or approval have full force and effect, and shall have the force of law : provided always that the existing rules and regulations made by the said sheriff and approved by the Lieutenant-Gover- nor in Council, shall be the rules and regulations for the govern- ment of the Provincial gaol, until amended or changed under the provisions herein contained ; and provided further, that all such rules and regulations to be hereafter made, shall be soe to the Legislature at its first session thereafter. 38 .¢. 29, 8. 3. ene LVI. A surgeon shall be appointed by the. Lieutenant- ‘appointed by Governor in Council, as surgeon of the Provinciol gaol, who it.-Gov. in’ shall hold office during pleasure, and receive such remunera- tion as shall be from time to time fixed by the Lieutenant- Governor in Council. 38 V. c 29,3. 4 Fe Gee G8 LVII. In the event of any other building than the Provincial ea gaol being ordered to be employed as a gaol in conformity with er, officers, &c. the provisions hereof, the Lieutenant-Governor in Council shall have power to apppoint a gaoler to have the care of such gaol, and such other officers as shall be necessary, and shall also have power to make rules and regulations for the government of such gaols, and the conduct of the gaoler and other officers, and the fixing their salaries, and the enforcement of order and dis- -cipline among the prisoners confined therein, and with regard to all other matters and things necessary for the good govern- ment of such gaols ; and such rules and regulations shall have full force and effect, and shall have the force of law. 38 V.c. 29, s. 5. CROWN ATTORNEYS. tienecae LVIII. The Lieutenant-Governor in Council may by com- Council to ap- mission, and during pleasure, appoint one or more duly licensed Kitorney. barristers of the Manitoba bar to act as Crown attorneys in all courts of civil and criminal jurisdiction in the Province. 35 V. ce. 13,8. 1. Tobepaidae- LXIX. Such officer shall be paid according to a tariff to be Surdipe tO regulated from time te time by the Lieutenant-Governor in Council. 38 V.c. 13,5, 2. Rie ewn LX. Every Crown attorney shall : (1.) Examine all informations and examinations, depositions, recognizance, inquisitions and papers connected with criminal offences which the magistrates and coroners of the Province are required by law to transmit to the clerk of the Crown and Peace ; and when necessary he shall cause such offences to be further investigated, and additional evidence to be collected, if required ; and shall also sue out process to compel the at- . tendance of witnesses and the production of papers, so that ’ CROWN ATTORNEYS. Chap. 7. 121 criminal prnsecutions may not be unnecessarily delayed, or fail, through want of proof that might be secured ; (2.) He shall, when so requested by the Lieutenant-Gover- nor in Cnuncil, institute and conduct, on the part of the Crown, prosecutions for'felonies and misdemeanors and penal offences, with all the rights and privileges of the attorney general ; and generally, he shall attend to all criminal business at. the assizes, and perform also the like duties in the inferior courts of the Province ; (3.) He shall watch over the conduct of cases wherein it may be questionable whether the conduct complained of be punish- able by law, or where the particular act or omission presents more of the features of a private injury than a-public offence ; and without unnecessarily interfering with private individuals: who wish in such cases to prosecute, may assume wholly the conduct of the case: where, in his opinion, justice towards the accused seems to demand his intervention ; (4.) He shall, if required, institute and conduct proceedings before any judge, magistrate, justice or justices of the peace under any law conferring summary powers to convict for offences in relation to the public revenue, the public property, the public peace, the public health, or any other matter made punishable on summary conviction before such judge, magis- trate, justice or justices of the peace; and every Crown attor- ney is hereby empowered to institute such proceedings, on a complaint in writing, or as a public prosecutor, in cases where- in the public interest requires the exercise of such office ; (5.) He shall, when requested in writing by any magistrate, justice or justices of the peace who shall therein state the par- ticular case, advise and instruct such. magistrate, justice or justices of the peace in respect to criminal offences brought be- fore him or them for preliminary investigation, or for adjudi- cation on summary conviction ; (6.) He shall perform all such duties and services in all courts of.civil and criminal jurisdiction in the Province as might have been performed by the Attorney-General of. the Province of Manitoba, or as the Lieutenant-Governor in Coun- cil, from time to time, prescribes and dicects ; (7.) He shall settle and sign all indictments and criminal informations, except those fyled ew officio by Her Majesty’s coroner and attorney, and shall lay the same before the grand jury of the assizes. 38 V.c. 13, s. 3. LXI. No crown attorney shall be qualified to act as such Crown Attor- until he has taken before a judge of the court’ of Queen’s oath before Bench the following oath, that is to say : aon “TI do swear that I will truly and faithfully, according to the best of my skill and ability, execute the several duties, e 122 NOTARIES—COMMISSIONERS. Chap. 7. powers and trusts of crown attorney for the Province of Mani- toba, without favor or affection to any party: so help me God.” 38 V. c. 13, 8. 4. ete wevdee LOL. Every crown attorney shall, on or before the tenth account toy day of January in each year, render an account to the Lieut- enant-Governor under oath of all emoluments received by him by virtue of his office for the preceding year. 38 V. c. 13, 8, 5. ~ word assizes,, UXIII. Unless there be something in the context repugnant meaning. to such construction, the word “assizes” shall be understood to mean the court of Assize and Nisi Prius and of Oyer and Terminer and general gaol delivery. 38 V.c. 13, s. 7. Clerkor - LXIV. In case of the illness or unavoidable absence of the pzownand, crown attorney, or in default of any barrister being so ap- ee pointed, or in the absence of the attorney-general for the time pointed. being, the clerk of the Crown and Peace shall act, and is here- \ by specially authorized and empowered to act as crown attor- ney. 38 V.c. 13,8. 8. NOTARIES PUBLIC. se ae LXV. It shall be lawful for the Lieutenant-Governor in appoint Council to appoint, from time to time, as he shall deem ‘pro- OPAC: per, one or more Public Notary or Notaries public for the Pro- vince, and such Notary or Notaries may be chosen from the members of the bar in this Province: provided always that the crown shall not by this section be limited to members cf the Bar of this Province in making such appointments. 36 Vic 14,5. 1. Powers 67 LXVI. Every such Public Notary shall have power to at- nobaries: test all commercial instruments that may be brought before him for attestation, and’ to do every other act or thing usually done in the office of a Notary, and to demand and receive and have all the rights, profits and emoluments rightfully apper- taining and belonging to the said profession of Public Notary, during pleasure. 36 V.c. 14,8. 2. COMMISSIONERS FOR TAKING AFFIDAVITS. LXVIL. The Lieutenant-Governor in Council, upon petition Ut -Gov in or other satisfactory evidence moving him thereto, may, by appoint per~ one or more commission or commissions, under his hand and affidavits - seal, from time to time, empower such, and so many persons Bithout the as he may think fit and necessary to administer oaths, and concerning take, and receive affidavits, declarations and affirmations with- therein. out this Province or in, or concerning any cause, matter, or thing depending or in anywise concerning any of the proceed- ing to be had in the court of Queen’s Bench, or any other court of law or equity in this Province, whether now existing or hereafter to be constituted ; and every oath, affidavit, declara- ' ‘ OATHS, &c., AS EVIDENCE. Chap. 7. tion or affirmation taken or made as aforesaid, shall be as valid and effectual, and shall be of the like force and effect, to all intents and purposes as, according to law, are acecrded to such affidavits, declarations or affirmations. 35 V.c. 3, 8.35; 36 Vv. ce. 7,8. 1. 123 LXVIII. The commissioners so to be appointed may be Zitleofcom« styled commissioners for taking affidavits in the Queen’s Bench” or “for the courts”’ in Manitoba: provided always that the want of style or designation, or error or omission there- in, shall not vitiate any such instrument, if otherwise bona fide and satisfactory. 36 V.c. 7,8. 2. OATHS, AFFIDAVITS, &C., TAKEN BEFORE OTHER FUNCTIONARIES. é LXIX. Oaths, affidavits, affirmations, or declarations, sworn, Who may | affirmed or made, out of the Province of Manitoba, before any and how done. commissioner authorized by the Lord Chancellor, to administer oaths in chancery in England, or before any notary public cer- tified under his hand and official seal, or before the mayor or chief magistrate of any city, borough, or town corporate in Great Britain or Ireland, or in any of Her Majesty’s dominions without Manitoba, or in any foreign country, and certified under the common seal of such city, borough, or town corpor- ate, or before a judge of any court of supreme jurisdiction in any of Her Majesty’s dominions without Manitoba or any de- pendency thereof, or before consular agent of Her Majesty, ex- ercising his functions in any foreign place, for the purposes of, and in or concerning any cause, matter or thing, depending, or - in anywise concerning any of the proceedings to be had in the said courts, shall be as valid and effectual, and shall be of like force and effect to all intents and purposes as if such oath, affi- davit, attirmation or declaration had been administered, sworn, affirmed, or made before a commissioner for taking affidavits in the next preceding section mentioned, or other competent au- thority of the like nature. 36 V.c. 7,8. 3. EFFECT OF SUCH JNSTRUMENTS AS EVIDENCE, LXX. Any document purporting to have affixed, impressed, a maavit to nai 7 be admitted or subscribed thereon, or thereto, the signature of any such be admittec commissioner, or the signature and official seal of any such without proot notary public, or the seal of the corporation, and the signature of any such mayor or chief magistrate as aforesaid, or the seal and signature of any such judge, consul, vice-consul, acting consul, pro consul, or consular agent, in testimony of any such oath, affidavit, affirmation or declaration having been adminis- tered, sworn, affirmed or made by, or before him, shall be ad- mitted in evidence without proofof any such signature, or seal and signature, being the signature, or the seal and signature of the person whose signature or seal and signature, the same pur- oe be, or of the official character of such person. 36 V.c. 9 Bs Bs , of signature. 124 Chap. 7. OFFICIAL GAZETTE. Affidavit LXXI. Any affidavit, declaration, or affirmation, proving the commissioner execution of any deed, power of attorney, will, or probate, or o5 other per” memorial thereof, or other instrument for the purpose of regis- eisteation ot tration in this Province, may be made before a commissioner appointed as hereinbefore mentioned, or other person authorized hereby to administer or take oaths, affidavits, declarations and affirmations. 36 V.c. 7,8. 5. ine wees LXXII. No informality in the heading, or other formal re- in heading to Quisites to any affidavit, declaration or affirmation, made or be objection taken before any commissioner or other person aforesaid, shall be any objection to its reception in evidence, if the court or judge before whom it is tendered think proper to receive it ; but in this respect the discretion of the court or judge shall be exercised according to authority and law. 36 V.c. 7, s. 6. OFFICIAL GAZETTE AND QUEEN'S PRINTER. Lt.-Gov. to LXXITL. The Lieutenant-Governor in Council may author- sublivaton, ize the publication of an Official Gazette, to be called the Manitoba Gazette, for the publication of proclamations, official and other notices, and of all such matters whatsoever as may be from time to time required, and all advertisements, notices . or publications which, by any Act or Law in force in this Pro- vince, are required to be given by the Provincial Government or any department thereof, or by any sheriff or other officer, or by any municipal authority, or by any officer, person or party whomsoever, shall be given in the Manitoba Gazette, unless some other mode of giving the same be directed by law. 36 V. ¢. 12,5. 1. LXXIV. The Lieutenant-Governor in Council may appoint Akad by commission under the great seal a Queen’s Printer for the Province of Munitoba. 40 V. ¢. 19,8. 1. Duty. LXXV. It shall be the duty of the Queen’s Printer to print and publish, or cause to be printed and published, by public tender for the Government, the statutes of the Province, an official Gazette which shall be known as.the Manitoba Gazette, and such documents and announcements as the Lieutenant- Governor may from time to time require to have printed, whether in the said Oficial Gazette or otherwise. 40 V. ec. 19, 8. 2. / LXXVI. All advertisement, notices, and documents what- Gazette no- ever, relating to matters within the control of the Legislature ic of this Provinee, and which by any law are required to be pub- lished, shall be published in the said Manitoba Gazette, unless any other mode of publication is prescribed by law. 40 V. c. 19, s. 3. pre LXXVII1. The Lieutenant-Governor in Council shall pre- " geribe the conditions of the publication of the Manitoba Gazette, OFFICIAL GAZETTE. Chap. 7. 125 and shall designate the public bodies, officers and persons to whom the said Gazette shall be sent, and shall make a tariff of charges to be paid for the publication of notices, advertise- ments and documents to be published in the said Gazette,and ° the price of subscription to the said Gazette. 40 V.c.19,s, 4 LXXVIIL The profits arising from the publication of the Printers Guzette, and salary of the Queen’s Printer, the mode in which” ”'”” he shall receive the same, his accountability for moneys receiv- ed on account of the publications in the Manitoba Gazette, and the conditions generally under which the printing and other work required shall be pertormed, shall be such as the Lieut- enant-Governor may, from time to time, regulate by order in Council. 40 Vic. 19,5. 5. LXXIX. It shall be the duty of the Lieutenant-Governor to Copies of or- submit, from time to time, to the Legislature within the first dfs sapmit; fifteen days of the then next session, copies of all orders in ment. council, passed in virtue of the next two preceding sections. 40 V.¢. 19,8. 6. LXXX. All publications in the Mciitoba Guzette, and all Authenticity copies of the statutes of this Province, the journals of the notice ° House, sessional papers and all other documents printed, or pur- ported to be printed by the said Queen’s Printer, shall be authentic, and make proof of their contents without any other evidence ; and all publications and copies of statutes, and all and singular other the premises, so purporting to be printed as aforesaid, shall be taken prima facie to be authentic copies of the originals thereof, respectively, and shall in all courts and proceedings be admitted in evidence without proof as the originals might be. 40 V. ¢. 19, s. 7. LXXXI. In the meantime, the Lieutenant-Governor in Until such Council may authorize any fit person to print and publish allenee ae the documents aforesaid, as the Legislature of this Province Eee ObHRE ete may require to be published, andall such copies so printed by such person so authorized, shall be as authentic and make proof as if they were printed by the Queen’s Printer, and all such copies-purporting to be printed by such person under such authority shall be held to be as effectual as if printed by a re- gularly appointed Queen’s Printer. 40 V.¢.19,s. 9. DXXXII. Any notice directed by law to be published in the Payment for Manitoba Gazette, may not be published unless the proper P¥PHeation. rates and charges in that behalf shall first have been paid to the person authorized to receive the same; and the rates of taritf of charges shall be those framed under section seventy- one of this Act. 38 V. c. 38,8. 1. UXXRIU. All moneys received in respect of the publication Moneys to of the Manitoba Gazette and of all notices lenin be howso- 8. F ‘ever otherwise in connection with the same, shall be paid 126 Chap. 7. COMMISSIONERS. into the treasury, and form part of the consolidated revenue fund of this Province. 38 V.c 38,5, 2. ! COMMISSIONERS TO MAKE INQUIRY CONCERNING PUBLIC MATTERS. oe LXXXIV. Whenever the Lieutenant-Governor in Council Gov. may ‘ ‘ ; : ‘ appoint com- deems it expedient to cause inquiry to be made into and con- quiy. * cerning any matter connected with the good.government of this Province, or the conduct of any part of the public business thereof, or the administration of justice therein, and such in- quiry is not regulated by any special law, the Lieutenant- Governor may, by the commission in the case, confer upon the commissioners or persons by whom such inquiry is to be con- ducted, the power of summoning before them any party or wit- nesses, and of requiring them to give evidence on oath, orally, or in writing (or on solemn affirmation, if they be parties en- titled to affirm in civil matters), and to produce such docu- ments and things as such commissioners deem requisite to the full investigation of the matters into which they are appoint- ed to examine. 36 V.c. 21,8. 1. . LXXXV. The commissioner or commissioners shall then Paty and om-have the same power to enforce the attendance of such wit- missioners. nesses, and to compel them to give evidence, as is vested in any court of law in civil cases ; but no such party or witness. shall be compelled to answer any question, by his answer to which, he might render himself hable to a criminal prosecution. 36. Vic 21,5. 2. 1 FIRE COMMISSIONER AND HIS DUTIES. i ike crane: LXXXVI. There shall be for the Province of Manitoba an sioner for Office to be known and designated as the office of the fire com- Province. —_ missioner of the Province. 39 V.c. 5,8. 1. Ras LXXXVII. The Lieutenant-Governor in Council may ap- Seaeclis point, from time to time, a fit and proper person to fill the appoint. office of such fire commissioner. 39 V. ¢. 5,8. 2. LXXXVIII. Whenever any fire has occurred in the Pro- Duty of com- vince, whereby any house or other building, or any property : whatever therein has been or is wholly or in part consumed or. injured by such fire it shall be the duty of the fire commis-. sioner, when duly requested to do so by the proper authority _ as hereinafter provided to institute an inquiry into the cause or origin of such fire; and whether it was kindled by design or was the result of negligence or accident or how otherwise; and such inquiry may be made by him, either in’ person or by some competent persons employed by him for that purpose. 39 V.c. 5,8. 3. eee Commission- LKXXIX. The fire commissioner shall, ex officio, possess all ertohave the power, authority and jurisdiction of any judge of sessions COMMISSIONERS. Chap. 7. 127 recorder or coroner for all purposes connected with such in- power of quiry, and shall have power to summon before him all persons’ ©“ whom he deems capable of giving information or evidence touching or concerning such fire. 39 V.c. 5,8, 4. XC. Such persons shall be examined under oath before Witnesses the fire commissioner, who is hereby authorized to administer under oath. such oath, and he shall reduce their examinations ‘into writ- ing, 39 V.c¢. 5,5, 5. XCI. Ifany person summoned to appear before the fire Fire aetna commissioner neglects or refuses to appear at the time and sioner may place specified in the summons, then on proof of the service of for witness. such summons,ither personally or by leaving the same for him his last or most usual place of abode, the fire commissioner may, if the circumstances shall seem to him to justify the same, issue a warrant under his hand and seal to bring and to have such person, at a time and place to be therein mentioned, before him to give evidence and answer his contempt. 39 V. c. 5, 8. 6. XCII. If the fire commissioner be satistied by evidence upon Powers of | oath or affirmation that it is probable that such person willer. not attend to give evidence without being compelled to do so, then instead of issuing a summons he may, in the first in- stance, issue his warrant. 39 V.c. 5,8. 7. XCUIL If, on the appearance of a person so summoned be- witness re- fore the fire commissioner, either in obedience to such sum- {using toan- mons or being brought before him by virtue of a warrant, such ee person refuses to be examined upon oath or affirmation con- month. cerning the premises, or refuses to take such oath or affirma- tion, or having taken such oath or affirmation, refuses to an- swer the questions concerning the premises then put to him, without giving any just excuse for such refusal, the fire com- s missioner may, by warrant under his hand and seal, commit the person so refusing to the Provincial gaol, there to remain and be imprisoned for any time not exceeding on month, un- less in the meantime he consents to be examined, and to an- swer concerning the premises. 39 V.c. 5,5. 8. XCIV. The fire commissioner shall have power to arrest or Commission- cause to be arrested any person or persons suspected of having ae set fire to any house, building or property, either before or “ious persons. pending such inquiry; and should the evidence adduced be- fore him be such as to afford reasonable grounds for believing that the fire was not accidental, and was kindled by design, he shall issue his warrant for the arrest of the offender or person suspected, if known and not already in custody, and proceed with the examination and the committal of the acéused for. trial according to law. 39 V.c. 5,5. 9. XCV. The fire commissioner shall have all the authority persona alee and jurisdiction of a judge of sessions or recorder for the arrest SuPins Peace 128 Chap. 7. COMMISSIONERS. of all persons disturbing the peace at any such fire, or suspect- ed of stealing any property whatever at such fire,and to cause the offenders or persons so suspected to be brought before him or the police court or stipendiary magistrate to be dealt with according to law. 39 V.c. 5, s. 10. Commission. . CVI. The fire commissioner shall be entitled to command er to have ser- the services of one or more police officers or constables during lice.” ~~ such inquiries, and for the service of any summons or the ex; ecution of warrants issued by him. 39 V.c. 5,s. 11. Returntobe XCVII. It shall be the duty of the fire commissioner to re- ororown ana turn all depositions, examinations and proceedings had before peace. him to the clerk of the Crown and Peace within eight days after the close of each inquiry, or so socn thereafter as may be convenient. 39 V.c. 5,s. 12. XCVIILI.. The fire commissioner shall fer all his services, and at the close of each inquiry be entitled to receive from the cor- poration of the town, township or city wherein such inquiry is held by him, the sum of twenty dollars, 39 V.c. 5, s. 13. For services $20.00. . Commission~ XCIX. The fire commissioner shall hold an inquiry as here- Sue 2” inbefore mentioned upon the formal request of the municipal formal re- i “one 1 1 icl i Guestofmu. ®uUthority for such town, township, city or municipality, and nicipalau- not otherwise. 39 V.c¢.5,s. 14 thority. Commission- C. The fire commissioner, when duly requested so to do by st bycom”_. the Lieutenant-Governor in Council, shall institute an inquiry Gov. toin- into the cause and origin of any prairie fire, or any other than a quire into ae ; 5 5 : j prairie fire. prairie fire ; and in proceeding with such inquiry he shall have all the powers, authority and privileges conferred on him in re- ference to cities, towns and townships in Manitoba, and shall be entitled to receive from the government the same remunera- tion as if he had been requested to act by any nfunicipality. 39 V.c. 5,58. 15. CONSOLIDATED RENENUE, ETC. Chap. 8. CHAPTER VII. An Act respecting Consolidated Revenue Fund, Law Stamps, Licenses in general, Intoxicating Liquor, Marriage and Ferry Licenses. ‘CONSOLIDATED REVENUE FUND— Con. Rev. Fund established, s, 1. Permanent charges thereon, s. 2. Appropriation only on message, 8. 3. Public accts. in Canada currency, 8. 4. Moneys to be paid in, s. 5. Accts. to be rendered in, s, 6. LAw STAMPS— ‘ By whom issued and for what pur- \pose, s. 7. : Value, &c., by order in council, s. 8. Fees not to be paid in money, 8s. 9. AU proceedings to be stamped, s. 10. If not stamped proceedings void, s. 11. Stamps for searches. &c., how affixed, s.12. - Sheriffs and officers not to serve or execute papers not stamped--service void, 8. 13. Additional stamps, s. 14. Courts and officers to prevent the use of unstamped papers, s. 15. wie stauys of triple value to be fix- ed, s. 16. Officer to cancel stamps, s. 17. . Treasurer to Keep accts. and the man- ner of keeping the same, s. 15. How stamps are to be distinguished, s. 19. Allowance for spoiled stamps, s. 20. Penalty for ommission to use stamps, Penalty for not cancelling stamps, s. Treasurer may appoint persons to sell stamps, S. 23, LICENSES IN GENERAL— General provision—persons may be appointed by Lt.-Governor, s. 24. INTOXICATING LIQUORS— No licenses to be granted éxcept un- der the provisions of the Act, s. 25. Fees to be paid therefor, s. 26. : No license for more than a year, s. 27. Sigh-board—penalty in default, s. 27. No license to sell in open air, s, 23. Lt.-Governor to appoint three com- missioners, 8. 29. Duty and fees of commissioners, s. 29. Other fees, s. 29. Lt.-Governor to appoint license in- spector, s. 30. : Duty of inspector, s. 30. Penalty for making false report, or receiving fee, s. 30. Inspector to prosecute, s. 31. AP naTy refusing to allow inspection, 8, 32. : Fee payable to inspector, s. 33. Requisite recommendation outside of Winnipeg to obtain license, s. 34. AG, ome or less voters may protest, 8. Requirements for a license as hotel keeper, s. 36. Within Winnipeg to produce certifi- cate of clerk, s. 37. Winnipeg may by by-law make other requirements, 8. 38. Application—form of, s. 39. Qualification of applicant, s. 40, Commissioners to publish notice of application, s. 41. Licenses not transferred without leave of commissioners, s. 42. Penalty for fraudulently obtaining a license, s. 43. Penalty for selling liquor without a license, s. 44. ; Penalty for selling less quantity than permitted, s. 45. . Penalty for grocer allowing liquor to be drank on premises, § : Hotel and tavern keeper refusing meals, s. 47. : Persons convicted twice in one year, s Persons convicted of felony, not to be licensed, s. 49. Penalty for selling to any one under 14 years old, s. 50. Penalty for selling—1l at night and6 in the morning, s. 5l. Penalty for selling on Sunday except to travellers, s. 52. Gaming forbidden, s. 53. Police may enter hotel or tavern, s. dt. Prosecution, how brought, 8.55. | Penalty upon persons not appearing as witnesses when subpcenaed, s 56. Forbidding hquor, s. 57. Persons causing intcxication to take care of intoxicated, s. 58. Justice or judge to have summary jurisdiction, s. 59. May fine and imprison, s. 59. May in all cases commit in default of payment, s. 59. Intoxicating liquor—meaning of, s. 60. Commissioners to make annual re- port, s. 6]. Limitation of licenses granted in Winnipeg, s. 62. INTERDICTION— Information before justice of the peace, s. 63. Justice of the peace to summons, s. 64. In case person does not appear war- rant may issue, 8s. 65. Witnesses—penalty for contempt, s. Determination of justice sufficient, Se 7 Conviction to be duplicate, s. 68. Duty in such case of inspector; s, 68. License inspector to mail notice to liquor dealers in the Province, s. 69. In case of confirmed drunkard—power to commit to gaol, sv70. Charges and expenses—how paid, s. aks Inebriate fund, s. 72. Interdict way removed—how, s. 73. Forms A, B, C, D, E, and F, and sche- dule of form, s. 74. MARRIAGE LICENSES— How issued, s. 75. Bonds to be given, s. 76. Oath by applicant, s. 77. Form of oath, s. 77. Who may consent to marriage, s. 73. Bites evidence may be required, s. Unused licenses, s. 80. License fee, s. 81. To whom finally paid, s. 82. Immunity of clergymen,s. 83. aes performing ceremony, s. 84. Head of denomination to report, s. 85. Licenses hereunder to take place of former ones, s. 86 Form A,s. 87. 9 129 dl Offender may be committed to gaol, s. ser aiy for interfering with rights of Penalty for drunkenness on ferry, s. Penalty for passing forcibly on ferry, Penalty for wilfully interrupting fer- How such penalties recovered, 8. 100. 30 Chap. 8. CONSOLIDATED RENENUE, FUND. Form B, s. 87. FERRIES IN MANITOBA— Ferrymen must be li¢ensed, s. 88, Lt.-Governor to issue license, s. 89. ferrymen, s. 96. When any ferry is vacant duty of Minister of Public Works, s. 90. How and for how long license to be granted, s. 91. Lt.-Governor to make and repeal re- gulations, s. 92. ries, 8. 99. Regulations to be published, s. 93. Penalties—how recoverable, s. 94, Her Mavesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : Division 1. CONSOLIDATED REVENUE FUND. : I. All duties, revenues, and moneys whatsoever, of the Pro- Gonsolidated vince of Manitoba, over which the Legislature of this Province Fund estab- has, or hereafter shall have, the power of appropriation, shall ‘ form one consolidated revenue fund, to be called the * consoli- dated revenue fund of Manitoba,” to be appropriated for the public service of this Province, in the manner and subject to the charges hereinafter mentioned. 36 V.c.11,s.1. Permanent I. The said consolidated revenue fund shall be permanently charged charged with all the costs, charges, and expenses incident to : the collection, management, and receipt thereof; such costs, charges, and expenses being subject, nevertheless, to be review- ed and audited in the manner directed by law. 36 V.c.11, 8. 2. III. The Legislative Assembly shall not originate or pass tpproprias any vote, resolution, address, or bill for the appropriation of sageofthe any part of the said “consolidated revenue fund,” or impose Lt.-Governor. Public acets. any tax or impost for any purpose, which has not been first recommended by a message of the Lieutenant-Governor to the said Legislative Assembly, during the session in which such vote, resolution, address, or bill is proposed. 36 V.¢. 11, 8.3. IV. The public accounts of the Province of Manitoba shall to be kept in Canada cur- be kept in dollars and cents, Canada currency. 34 V. ¢. 18, ency, at Moniestobe V. All monies payably to, or payable by the Province shall paid in ditto. be received or paid in dollars and cents, Canada currency. 34 Accounts to be rendered in 8 V.c. 18,5. 2. VI. All accounts against the Government of this Province. V.c. 18, 8. 3. hall be rendered in dollars and cents, Canada currency. 34 LAW STAMPS. Chap. 8 181 Division 2. LAW STAMPS. VII. Upon, from and since, the day fixed or to be fixed, by when ana by order of the Lieutenant-Governor in Council, stamps shall be Ragm stamps issued from the office of the Provincial Treasurer of Manitoba e4, ee in such form and denomination, and subject to such directions pose. as shall be thereby, or as shall thereafter be from time to time by the like order provided, for the payment of all fees whatso- ever payable upon any civil matter or proceéding, to the pro- thonotary, clerk of the crown, clerk of the peace, clerk of any magistrate’s court, clerk of any county court, coroner, crier or tipstaff of any court. 38 V.c. 7,8 1. VIII. The Lieutenant-Governor in Council may, by the said vaiue of ov any subsequent order in council, in a schedule or schedules Stamps and therein contained, fix and regulate the value of the stamp to ig she pamne be paid for and affixed, and the mode of affixing the same, on ed by order in each and every civil proceeding in law or equity, in probate, °°™ administration or guardianship ; and may from time to time alter, amend, or vary the same as may be deemed expedient. 38 V.c. 7,8. 2. IX. Upon, from and after the day fixed by the order in Courts or om- council as aforesaid, no money shall be paid to or received by not to receive any court, or by any officer of any court in the Province of payment of Manitoba, for any fee due or payable to the Crown in any civil 87y es matter or proceeding as aforesaid, except as exempted or pro- vided in the said order or orders in Council. 38 Ve.7, +. 3. X. Upon, from and since the day fixed by the order or Ne civil mat- orders in Council aforesaid, and except as in and by it or them ceeding to be is excepted, or not included therein, no civil matter or proceed- ec ing whatever upon which any fee is due or payable, or may be- 24Judicated = upon unless come due or payable to the Crown under the aforesaid or any duly stamped. subsequent order in Council, thence or thenceafter, in any court of law or equity, in probate, administration or guardianship, shall be issued, received, heard, adjudicated or acted upon by any court or by any officer having the power to issue, receive, hear, adjudicate, or act. upon the same in the Province of Mani- toba, unless such matter or proceeding be stamped in the man- ner and to the amount regulated and fixed by the said order or orders in Council. 38 V.¢. 7,5. 4 XI. Every matter and proceeding whatever upon which any Matters and fee is due or payable to the Crown as aforesaid, and which is hovauly not stamped as aforesaid, shall, if not afterwards stamped under S2™Pe%,t the provisions hereof, be absolutel F be void unless reof, b y void for all purposes what- S»sequently soever. 38 V. ¢. 7,8. 5. stamped un- der Act. oe In _ cases of- aoe examining and authenticating Eames for office copies of papers, made by or for the pa: ies into be affixed” ap rty or parties in to be affixed any cause or suit then, bofor oe : . ° 7 upon preecipe e then, or thereafter pending, and Pon Precip 132 Chap. 8. LAW STAMPS. memoran- in all other cases where it has not been customary to use in re- dum filed. ference to such search, examination, authentication, matter or thing, any written or printed document or paper whereon the stamp could be impressed or affixed, the party or parties, or his or their attorney or solicitor, requiring such matter or thing so to be done, shall file an application for the same by preecipe, short note, or memorandum in writing, on which a stamp or stamps to the amount of the fee due or payable for the said matter or thing shall be impressed or affixed. 38 V. ¢. 7, 8.6. ee XIII. No sheriff or other officer or person shall serve or exe- others not to Cite any writ, warrant, rule, order, summons or proceedings cute docu. Whatever, or copy of the same requiring to be stamped, unless duly stamp. Such writ, warrant, rule, order, summons or proceeding, or such ed any such Copy cf the same be duly stamped ; and every such service or void. execution of unstamped documents shall be void and of no effect, and the person making such service shall not be entitled to payment therefor. 38 V. c. 7, s. 7. a Additional XIV. No matter‘or proceeding which may have been duly stamps to be stamped for the purpose for which it might have been used, ‘document shall be considered as stamped for any other purpose in case other or fur- another fee or charge is due or payable thereon, for any other theruse. or further use of the same matter or proceeding. 38 V.c. 7, s. 8. Cadnee ns XY. Ifany matter or proceeding is pending in court which price: Mare ought to be stamped, but is not so duly stamped, the said court the use of un- Shall not, nor shall any judge or officer of such court, take or meee © allow any step or proceeding to be had or taken upon, or in re- whether ex- spect of such matter or. proceeding, although no exception be ‘taken ornot raised thereto by-any of the parties, until such matter,or pro- by thepartles. woodings has been first duly stamped. 38 V. ¢.7. 8. 9. nites we XVI. Any party to any matter or proceeding in any court, * the court or which ought to be, but is not duly stamped, may apply to the BAeegoee court, or £0 any judge thereof, for leave to have the same duly ieee. stamped ; and in case it appears that the stamp has been in- edtodocu- advertently omitted, or that there has been an understamping ments not fa . duly stampea. the court or judge may grant leave to the applicant to stamp such matter or proceeding with a of triple the value of the fee due or payable thereon ; and the affixing of such stamp or stamps under such leave shall have the same effect as if the said matter or proceeding had been duly stamped in the first instance. 38 V.«. 7,s. 10. ’ XVIL. In every case in which the necessary stamp has been Officer who flixed ori essed j t tt . d- piteer whe. aftixed or impressed upon any preecipe, note, matter or procee eer ae. Si it shall be the duty of the officer who receives or who sument forth issues the same, forthwith upon the receipt or upon the issue the stamps thereof, tc cancel such stamp by writing, stamping or impress- thereon. ing with ink in lines avross the face thereof, or otherwise ob- literating the same, so as to effectually cancel the stamp, and ‘ prevent its being usedagain. 38 V.c. 7, 8. 11. LAW STAMPS. Chap. 5. 133 XVIII. The Provincial Treasurer, upon payment to him of Provincial the proper amount, shall issue, or cause to be issued, such cf shall sell and the said stamps as may be from time to time required, and Pues oct shall keep two aecounts of the number, denomination and count of those amount thereof, received and sold, which accounts shall be in- sold, distin- uishing Law ° tituled respectively, “The Manitoba Law Stamp Fund” and Stamp ana the “Manitoba Law Society Fund,” and the annual balance fom (vy fo: sheet of which, inclusive of all fires and forfeitures levied and collected under the provisions hereof, shall be included in ‘the public accounts submitted to the Legislature of Manitoba. 38 V.c. 7,8. 12. XIX. The said stamps shall be distinguished into “Corisuli- oe tine = dated Revenue Fund Stamps” and “Law Society Stamps,” by paVPGmbe having on the face of the former the letters “C. F.,” and on the how such face of the latter the letters “L. S.,” and the former shall be faw fund wt affixed to or on each matter and proceeding as covering the etamnpy are te fees and: charges payable to the consolidated revenue fund ;euished. and the latter as covering the fees and charges to provide for the accommodation of the courts and the establishment of. a law library ; and the moneys received by the Provincial Treas- urer in respect of the consolidated fund stamps shall go into and form part of the consolidated revenue fund of the Province, and the moneys received by him on account of the law society stamps shall be by the Treasurer carried to the credit of the law society of Manitoba, for the purposes aforesaid, and shall be credited with interest at seven per centum per annum, with half-yearly rests; and which said last mentioned fund shall be subject to the disposition and control of the Legislature for the purposes for which it is established. 38 V.c. 7, ». 13. XX. The Lieutenant-Governor in Council may, from time to py uatene . tine, make regulations for an allowance for such stamps as ance may be! may have been spoiled, or vendered useless or unfit for the eee hpom purpose intended, or for which the owner may have no imme- ¢}2o} requir diate use, or which through mistake or inadvertance may have perly used. been improperly or unnecessarily used; and such allowance shall be made either by giving other stamps in lieu of the stamps so allowed, for or by repaying the amount or value to the owner or holder thereof, after deducting the discount (if ae) allowed on the sale of stamps of the like amount. 38 V. « 7, 8 15. XXL. Every person who shal! knowingly and wilfully issue, Penalty" receive, procure, deliver, serve «r execute any precept, writ, for issuing, ‘warrant, rule, order, summons 0: proceedings whatever, upon ceuting, ete., which any fee is due or payable by stamp to the Crown, as *entnotauy aforesaid, without the same being first duly stamped for the St@mped.. fee payable thereon, shall, in addition to the value of the re- quired stamp and the costs and trial for eack and every offence, be fined a sum not exceeding ten dollars. 38 V. c. 7, 8. 16. 134, Chap. 8. LICENSES. Penalty for © XXII. Every person who shall knowingly and wilfully omit Sannel bance to obliterate and cancel any stamps in the manner and at the fore pravitea, time hereinbefore provided, shall be subject to a fine not ex- ceeding ten dollars, in addition to costs of trial, for each and every such offence ; and in default of payment thereof. to de- privation of office under the Crown, if an office holder, and to loss of privileges and forfeiture of his right to practice in the courts of Manitoba, if an attorney-at-law. 38 V.c. 7, s. 17. XXIIL It shall be lawful for the Provincial Treasurer to Fay apres; @ppoint one or more responsible persons to sell law stamps, eee and to allow not more than ten per cent. on the purchase or law svamps by such person or persons: provided always, that a proportion of all the expenses made or to be made in connection with law stamps shall be charged to the “Manitoba Law So- ciety Fund :” such proportion to be settled by the order of the chief justice upon notice to the Provincial Treasurer and to the Law Society of Manitoba, and which said order so made shall be final and conclusive in the premises; and the sections in Division 2 of this chapter may be cited as “The Law Stamp Act of Manitoba. 41 V.c¢. 12,5. 1. Division 2. LICENSES,—GENERAL PROVISIONS. sieereieeit: XXIV. The Lieutenant-Governor in Council may, from time censes may be to time, appoint and authorize any person or persons, to sign, appointed. 9 to issue any licenses on which any duty or sum of money is payable to or for the benefit of the Province, and may in like manner determine the times, manner and forms in which such licenses shall be issued. 34 V.c. 25,5. 1. INTOXICATING LIQUORS, BILLIARDS TABLES, &C. Noastiea” X&XYV. No license for the sale of intoxicating liquors shall be cl gvanted in this Province otherwise than as hereinafter provided. herein. 41 V.c. 14, 8. 2. Roos tori XVI. There shall be paid to the Provincial Treasurer by gant to Frov. every applicant for a license for the sale of intoxicating liquors iows. before he obtains the same, the following fees, that is to say: Hotel keeper. (].) For a license to sell intoxicating liquors by retail as a hotel keeper, one hundred dollars ($100) ; Tavern keep- 2.) For a license to sell intoxicating liquors by retail as a : tavern keeper, one hundred dollars ($100) ; Acar: (3.) For a license to sell intoxicating liquors as a grocer,that is to say, in quantities of not less that one quart, not to be drunk on the premises, one hundred and fifty dollars ($150) ; LICENSES. Chap. 8. 135. (4.) For a license to sell intoxicating liquors by wholesale, whotesale. that is to say, by the broken or unbroken case or package of not less than one dozen bottles, and no package to contain less than five gallons, one hundred and twenty-five dollars (#125) , (5.) For a license to keep a billard table or tables—for the Bat first table, twenty dollars, ($20) ; for the second table, ten dol- lars, ($10) ; and for every additional table, five dollars, (5) ; (6.) For a license to keep a bowling alley—for each alley, powting-antey ” twenty dollars, ($20) ; (7.) For an auctioneer’s license, ten dollars, (S10) ; eich (8.) For a pedlar or hawker’s license, twenty dollars, ($20) ; peaiar or provided always that licenses in the cases mentioned in the hawker. preceding sub-sections, 5, 6, 7 and 8, shall be granted by mun- icipal corporations, wherever such shall exist; otherwise such licenses shall be granted by the. commissioners, as provided herein. 41 V.c. 14,5. 3. , XXVII. No license shall continue for more than one year; no license for and every person who obtains a license under the provisions more than herein contained, to sell intoxicating liquors as a hotel keeper or tavern keeper, shall, within thirty days after the granting of such license place and keep above the principle entrance of his hotel or tavern, a sign board with his name and the words, “licensed to sell spirituous liquors as a hotel keeper,” or “licensed to sell spirituous liquors as a tavern keeper,” as the case may be, painted on such sign board in letters at least three inches in length ; and in default of so doing he shall be deemed guilty of an offence, and upon conviction thereof shall be fined tive dollars a day for every day he shall be so in de- fault ; and in default of the immediate payment of such fine, with the costs of prosecution, shall be imprisoned in the com- p., sity indes mon gaol for a period not more than three months, nor less fault. than one month, unless such fine and costs be sooner paid. 41 V.c. 14,8. 4. : Sign board re- quired. - XAVITTI. No license shall be granted for the sale of intoxi- No license to cating liquors in open air,or in any tent or other moveable Die” structure ; nor shall a license be granted to any person to sell 4i" intoxicating liquors as a tavern keeper unless such person shall have a house properly fitted up for the accommodation of tra- vellers ; and no such house shall be considered sufficient for the accommodation of travellers unless there shall be set apart in such house, and properly furnished at all times during such Require- license, at least four good separate bed-rooms, apart from and wae Ge wae exclusive of the bar-room, dining-room, kitchen, and the rooms &™ Keeper occupied by the proprietor and his family and servants ;.nor unless such house shall have convenient thereto good and suf- ficient stabling and provision for at least ten horses, exclusive of the accommodation required for the horses or other animals of the proprietor ; and any person having a license to sell in- 136 : Chap-8. LICENSES, toxicating liquors as a tavern keeper, and not complying with the requirements of this section shall be deemed guilty of an offence, and upon conviction thereof shall be fined not more ames than fifty dollars nor less than twenty dollars; and in default not comply- of immediate payment of such fine, with the costs of prosecu- duirements, tion, shall be imprisoned in the common gaol for a term not more than three months nor less than one month, unless such fine and costs besooner paid; and heshall bedeemed to be deprived of his license, and to have forfeited the fees paid therefor, and be disqualified for the period of three years to obtain another li- cense: provided always that any person not otherwise dis- qualified and furnishing necessary accommodation and fully complying with the requirements as provided in this section, may obtain a license for the sale by retail of beer and porter, exclusively, on payment of fifty dollars, and fees allowed to the license commissioners and license inspector for the issuing of licenses, and such person so obtaining the said license shall be subject to all the requirements and penalties as if such li- cense had been issued for the sale of intoxicating liquors. 41 Vic. 148.5; 43 Vic 23,8. 1, Lt.-Governor XXIX. There shall annually be appointed by the Lieuten- Tay eppoint ant-Governor in Council three commissioners, who shall be missioners. called license commissioners, one of whom shall be called chair- man ; and it shall be the duty of such commissioners to re- ceive the application of any_ person applying for a license, and to grant such license when the applicant has complied with the lawful requirements and. provisions in this behalf; and Daty and fees such commissioners shall be entitled to be paid, the chairman sioners. five dollars and the two other commissioners three dollars and fifty cents each, on every application for a license to sell in- toxicating liquors, in all twelve dollars ; on every application for a billiard table license whether for one billiard table or several, six dollars ; and for every application for any other license mentioned herein, three dollars ; and every applicant for a hotel, tavern, or grocer’s license, in addition to the fees above provided to be paid by him, shall pay to the license commissioners such other fees as may be sufficient to pay the Other fees. gost, of advertising such application for two weeks in three weekly newspapers published in this Province, one of which is published in the French languaye. 41 V.c. 14,8.6; 42 V. e. 19, 8. 1. Lt-Governor SX. It shall be lawful for the Liewtenant-Governer in _may appoint Council annually to appoint one person to be license inspector ; spector, and it shall be the duty of such license inspector to inspect the hotel or tavern of each applicant for a hotel or tavern license Paty oft ¢. Whose application is pending before the license commissioners, Or. and to report to the license commissioners such facts relative to such inspection as will. enable them in each case to decide whether it would’ be proper, under the provisions hereof, to grant a license or not ; and if in any such case the license in- spector makes a false or incorrect report, knowing the same to LICENSES. Chap. 8. 137 be false or incorrect, or receives from any person any fee or evnelty for sum of money orotherthingfor makingsuch report otherwise than report or re- as provided herein, he shall be deemed guilty of an offence, and °V!n8 f° upon conviction thereof shall be fined not more than two hun- dred dollars nor less than fifty dollars ; and in default of im- mediate payment of such fine, with costs of prosecutior he shall be imprisoned in the common jail for a term not more than six months, nor less than three months, unless the said fine and all costs be sooner.paid. 41 V.c 14,5. 7. XXXI._ It shall be the duty of the license inspector, at least Pivense in. once in every four months, to inspect all and every hotel, duty and may tavern or store licensed, wherein intoxicating liquors are sold, : and to report forthwith to the commissioners every case of in- fraction of the provisions herein contained ; and the license in- spector shall at once and in conformity with the provisions herein contained, proseeute any personfound so offending ; and he shall suffer no unnecessary delay to intervene between the information and prosecution. 41 V. ¢. 14, s. 8. XXXII. Every person hereby licensed shall at all times penalty for allow the license inspector to inspect every building, house or refusing to al- place, wherein intoxicating liquors are gold; and any such inspector to licensed person refusing to allow such license inspector as afore- jngh“** PM said to inspect, shall be deemed guilty of an offence, and upon conviction thereof shall be fined not more than fifty dollars, nor less than twenty dollars ; and in default of immediate pay- ment of such fine, with the costs of prosecution, he shall be im- prisoned in the common jail for a term not exceeding six months, nor less than three months, unless the said fine and all costs be sooner paid ; and ‘he shall be deemed to be depriv- ed of his license and to have forfeited the fees paid therefor. 41 V.c. 14,8. 9. XXXIII. Every applicant for a hotel or tavern license, in Fee Payable | addition to other tees required, to be paid, shall pay to the li- spector. cense commissioners, at the time of making the application, the sum of fifteen dollars as a license inspector’s fee, which fee or sum of fifteen dollars shall be paid by the license com- missioners to the license inspector in equal instalments of five dollars for each inspection, upon proof of such inspection hav- ing been actually made. 41 V.c. 14,8.10; 42 V.c¢. 19,5, 2. XXXIV. No person, outside of the city of Winnipeg, shal Reduisite re- commenda~ be granted a license to sell intoxicating liquors as a hotel, tion outside > ? of city of tavern keeper, or as a grocer, or by wholesale, who has not first Winnipeg to obtained the permission, certificate, and recommendation, in $2tai7 Heens? writing (form A) in section 63, and duly attested before a jus- tice of the peace, of at least sixteen out of the twenty nearest voters and householders, to the tavern or store wherein the ap- plicant intends to sell intoxicating liquors ; and such tavern or store shall be specified in the application. 41 V.c. 14,8. 11. \ 138 Chap. 8. LICENSES, ‘ Any fouror XXXV. Any four or less out of such twenty nearest voters Py aeetsdh and householders, may protest, in writing, against the granting pgainst ere of a license to such applicant ; and it shall be the duty of the license commissioners to consider every objection in such pro- test before granting the license against which such protest is made, and to refuse such license when it appears that the ap- plicant has not complied with all and every the provisions herein contained ; and a protest signed by any five or more out of such twenty nearest voters and householders, and at- tested before a justice of the peace, form F in section 63, shall prevent the issuing of any license. 41 V.c. 14, 5.12; 42 Vic. 19,3. 3. Beaaire XXXVI. Every person in the city of Winnipeg, who is or ments fora may become the owner or tenant of a house, two or more hotel keeper. stories high, which shall at all times during such license, con- tain at least the following rooms, that is to say: a dining- room not less than twelve feet wide nor less than twenty-four feet long, a sitting-room not less than twelve feet wide nor less than sixteen feet long, and the second story of which shall con- tain at least ten good furnished separate bed-rooms; and who sets apart and properly keeps and furnishes such house as a_ hotel for the accommodation of travellers, shall be entitled to re- ceive for such house a license to sell intoxicating liquors by re- tail as a hotel keeper, on complying with the other provisions in respect to tavern keepers, except that he shall not be requir- ed to obtain the permission, certificate, or recommendation re- quired by the thirty-fourth section hereof: provided, however, that in and for the city of Winnipeg no liquor license shall be issued other than those mentioned in sub-sections 1, 3 and 4 of section 26 hereof. 41 V.c. 14,8. 13. Applicant for -**X VII. Before any license hereunder shall be granted license within within the limits of the city of Winnipeg, the applicant shall, Winnipes to. after having otherwise complied with all and every the neces- Reateorciy. sary requirements produce to the license commissioners a cer- clerk. tificate, signed by the city clerk duly authorized thereto by a by-law to such effect, that he has paid to the municipality the license fees mentioned in the twenty-sixth section hereof as well as any other additional fee that such municipality shall by by-law impose upon such license. 41 V. c¢. 14,5. 14. XXXVIII. It shall be lawful for the corporation of the city Corporation ofthe city of of Winnipeg, in addition to the requirements set forth in the Winnives.. thirty-sixth section of this Act,to declare by by-law what. jaw make other requirements any hotel keeper shall have to comply quire- ~, ci 6 ‘ : zi i ments for ho- with, before a certificate is given to him as mentioned in the tel keepers. : : x pers next preceding section. 41 V.c¢. 14,s. 15. XXXIX. Every application for a license to sell intoxicating Application liquors outside of the city of Winnipeg, shall be made in writ- be madein jing (form D in section 63) within thirty days immediately pre- Ist June and ceding the first days of February, June and’ October in each pack year, year ; and no application for such license shall be received x ‘LICENSES. Chap. 8. 139 after such dates or accepted by the commissioners ; and such applicant shall first produce to the commissioners the Provin- cial Treasurer’s certificate that the license fee has been paid. 42 V.c.19, 5. 4 ¢ XL. No person shall be granted a license to sell intoxicating APPHEa", liquors unless he is of the full age of twenty-one years, and of fullage of?) | good moral character and temperate habits ; and such fact shall by oath. be veritied by tae oath of the applicant, and two of his neigh- bors: (forms B and C in section 63). 41 V. ¢. 14, s. 17. oe i iss] 1 sg i License com- XLI. The license commissioners, shall, as soon as possible, License com- in each year, and before granting any license, (which license publish notice shall be in form E in section 63) to sell intoxicating liquors, ing license. publish for two weeks in three weekly newspapers published Fo'™ F: in the Province, one of which is published in the French lan- guage, the name of each applicant jor a license to sell intoxi- cating liquors, and the town, village or place where such ap- plicant intends to sell intoxicating liquors, as specified in his application, 41 V.c. 14, 5.18, XLIL No license shall be sold, transferred, assigned, or in No license any other way disposed of by the person to whom such license Se oe is granted, nor by any other j-erson, unless the person desiring Mess by pre- to purchase or obtain a transfer of such license shall make an cation to li- application to the license commissioners in every particular missioners. the same as that required to obtain a license; except that the fee required to be paid for such transfer shall only be to the inspector tive dollars and to the license commissioners six dol- ‘lars to be paid to them in equal proportions ; and it shall be in the diseretion of the license commissioners whether they will grant any such transfer of license or not; but in no case shall a license for the sale of intoxicating liquors be transferred |e ntion from one house to another, except on application to the license manner of commissioners in the same manner as required to obtain a li- 2PPication. cense, if in Winnipeg, or except when the house where such license is to be transferred into, having the other conditions required, is so situated that the twenty nearest neighbors would be the same as those nearest to the house for which the license was originally granted, if outside of the city of Winni- peg. 41 Vice. 145,19; 42 Vic. 19,8. 5. XLIIL Any person who obtains a license to sell intoxicat- ponany ont ing liquors by means of fraud or misrepresentation of any (aiming le. kind, or by means of false or incorrect. statements in his ap- aulety septes plication, or in the certificate, recominendation or affidavits : accompanying the same, or by putting or inscribing, or caus- ing to be put or inscribed, on such certificate or recommenda- tion the name of any person without such person’s knowledge or consent, shall be guilty of an offence, and upon conviction . thereof shall be fined not more than two hundred dollars, nor less than fifty dollars; and in default of immediate payment of such fine, with costs of prosecution, shall be imprisoned in the \ 140 Chap. 8. LICENSES. common gaol for a term not more than three months, nor less than one month, unless such fine aad all costs be sooner paid ; and he shall be deemed to be deprived of his license, and to have forfeited the fees paid therefor. 41 V.c. 14, s. 20. Penalty for XLIV. Any person who-sells intoxicating liquors without welling intent: having first obtained a license so to do under the provisions witheutli- hereot, shall for every such sale be guilty of an offence; and one upon conviction thereof shall be fined not more than one ‘hun- dred dollars, nor less than twenty dollars; and in default of immediate payment of such fine, with costs of prosecution, shall be imprisoned in the common gaol for a term not more than six months nor less than one month, unless such fine and all costs be sooner paid; and he shall be ‘disqualified for such period as the justice or judge trying the cause may order and direct not exceeding five years to obtain any license for the sale of intoxicating liquors; and for which purpose power is hereby given to such justice or judge. 41 V.c. 14,8. 21; 42 V.c. 19,5. 6. XLV. Any person licensed to sell intoxicating liquors by Penalty for wholesale only, who sells less than one dozen bottles of intoxi- fran quantity cating liquors at any one time by the broken or unbroken case a rr package, such case or package containing less than five gal- cense. lons shall be deemed guilty of selling without license, and upon conviction thereof shall, for each and every such offence, be fined not more than one hundred dollars nor less than twenty dollars ; and in default of immediate payment of such fine, with costs ‘of prosecution, he shall be imprisoned in the common gaol for a term not more than six months nor less than one ‘month, unless such fine and all costs be sooner paid. 41 V. c. 14,5. 22. XLVI. Any person having license to sell intoxicating liquors person hold as a grocer only, who shall allow any liquor sold by him, or in ing a grocer’s his possession for sale to’ be consumed within his warehouse ing liquor to or shop, or within any building which forms part of or is ap- beams purtenant to, or which communicates by any entrance with any warehouse, shop or other premises wherein any article to be sold or disposed of under such license to be sold by retail, or wherein there are kept any broken packages of such ar ticles, or upon his premises, shall be deemed guilty of selling without a license ; and upon conviction thereof shall, for each and every such offence, be fined not more than one hundred dollars, nor less than twenty dollars; and in default of immediate pay- ment of such fine, with costs of prosecution, he shall be impri- soned in the common jail for a term not more than one month unless such fine and all costs be sooner paid. 41 V. c 14, 5 23, Hotel or XLVII. Any person licensed to sell intoxicating liquors as a a hotel or tavern keeper who refuses to furnish, upon tender- ing the ordinary charges, any traveller’with proper meals and lodging, or to supply the necessary,provision and accommoda- , LICENSES. Chap. 8. 141 tion for the horse or horses of such traveller, shall be deemed Keeper refus- guilty of an offence; and upon conviction thereof shall be te i aewailer fined not more than fifty dollars, nor less than twenty dollars : 0h proper provided that no hotel or tavern keeper shall be obliged to accommodate a greater number of travellers, or provide for a greater number of horses or other animals, than he is required to do according to law, but in every case the burden of proof shall be on the accused, 41 V.c. 14,8, 24. XLVIIL. Any person entitled to sell intoxicating liquors persons con- who is twice within one year convicted of an offence against victed twice the provisions hereof shall be deemed to be deprived of his year of offen- license and to have forfeited the fees paid therefor, and shall eee not again be granted a license to sell intoxicating liquors in Penalty. this Province for such period as the convicting justice or judge may order and direct not exceeding five years from the date of such second conviction. 41 V. « 14,5. 25; 42 V.c. 19,s. 7. , XLIX. No person who has been convicted of felony shall be no person granted a license to sell intoxicating liquors as a hotel or fopvicted oF tavern keeper, and any person who, while he hold such li- begranteda cense, is convicted of felony, shall be deemed to have forfeited : his license and the fees paid therefor. 41 V.c. 14, s. 26. L. Any person who sells intoxicating liquors to any boy or Penalty for girl under the age of fourteen years, or allows any such boy or f6'anshad or girl, or any apprentice, after due notice has been given by the git! under the master of such apprentice, or any minor, after due notice has years. ‘been given by the parents or guardians of such minor, to drink intoxicating liquor of any kind in his house, bar-room or place of business, or other place wherein intoxicating liquors are sold ; or allows any loose, idle, or disorderly persons to loiter in or about his house or place of business wherein intoxicating liquors are sold; or allows any bad or improper conduct in such house or place of business, shall be guilty of an offence ; and unon conviction thereof, shall be fined not more than fifty dollors, nor less than twenty dollars, for each and every such offence ; and in default of immediate payment of such fine, with costs of prosecution, he shall be imprisoned in the common jail for a term not more than three months, nor less than one month, unless such fine and all costs be sooner pail. 41 V. c 14, 8 27. LI. No person shall keep open any place where intoxicating penalty for liquors are sold, between the hours of eleven o'clock at night felling Hquor and six o'clock on the following morning ; and no person shall hours of 11 at sell intoxicating liquors in such place during such interval of fe earn e time ; and any person offending in this respect shall, upon con- viction thereof, be fined not more than fifty dollars, nor less than twenty dollars ; and in default of immediate payment of - such fine, with costs of prosecution he shall be imprisoned in the common jail for a term of not more than three months, un- less such fine and all costs be sooner paid ; and any person found drinking or disorderly in any bar-room where intoxica- 142 Chap. 8. LICENSES. ting liquors are sold, between the hours of eleven o'clock a. night and six o’clock in the morning, shall be liable, on con- viction thereof, to the same penalty: provided that nothing herein contained shall be construed to prevent any hotel’ or tavern keeper from opening his tavern or hotel at any time to receive travellers. 41 V. c. 14,5. 28. LII. Any merchant, trader, hotel or tavern keeper or any veoaige hn. other person, keeping a house-of public entertainment in this Dae as Province, who shall keep open his place of business, or sell or bona fide tray retail any intoxicating liquors on a Sunday, except to bona re Jide travellers and boarders supplied at table during the re- gular meals of such hotel or tavern, shall be guilty of an offence ; and upon conviction thereof, he shall be fined not more than thirty dollars, nor less than ten dollars. 41 V. c. 14, s. 29. unaeie LIT. Every description of gaming, .and all playing at cards: bidden. dice, or any other game of chance, with betting, is hereby strictly prohibited and forbidden in any hotel, tavern, or h- censed shop in this Province ; and any proprietor, owner, or keeper of any such place allowing any description of gaming as aforesaid therein, and any person found in any such place Penalty for engaged in any description of gaming as aforesaid, shall be allowing —_—_ liable to be arrested on view and brought before any justice, ‘ and on conviction thereof, he shall be liable to‘be fined in any sum not less than ten dollars, nor more than fifty dollars for every such offence, and in default of immediate payment he shall be imprisoned for any term not exceeding one month, nor less than ten days. 41 V.¢. 14, s. 30. LIV. In order the more effectually to repress the offences Police may | specified in sections 44, 45, 46, 50, 51, 52 and 53, every police tavern. officer or constable is hereby authorized to enter each and every hotel, tavern, or licensed shop in this Province, and to arrest therein on view any person or persons found guilty of any of the offences aforesaid. 41 V.c.14,s. 31. . LY. All prosecutions for the offences aforesaid may be Prosecution— . ° : : how brought. brought before any justice of the peace, or any judge acting as a stipendiary magistrate in this Province, and shall be in all cases heard and decided in a summary manner ; and any per- son who obtains the assent of the Attorney-General, or ot any other member of the Government of this Province so to do, may institute and carry on any prosecution or prosecutions for any of the offences aforesaid, in the name of the Queen ; and any person may without such assent institute and carry - on any prosecution or prosecutions for any of the said offences, in his own name and at his own expense ; and no particular form of proceeding shall be required ; but in all such prosecu- tions an ordinary sworn information or affidavit of any person stating the facts of the case, and a warrant or summons issued by any justice of the peace, or any judge acting asa stipendiary magistrate in this Province, shall be sufficient to bring the case LICENSES. Chap. 8. 143 to trial before such justice or judge ; and no objection.shall be allowed to be well taken to any: such information, affidavit, warrant or summons, for any alleged defect therein, so long as the true meaning and intent of the law is carried out ; and in all cases of conviction such judge or justice of the peace shall adjudge the costs against the parties convicted : provid- proviso. ed, that any infraction of any of the provisions herein contain- ed within the city of Winnipeg may be prosecuted by the cor- poration authorities as though the infraction was an infraction of a city by-law, and all fines so resulting shall accrue to the city ; and the mayor and aldermen of said city, for the time being, shall be ex-officio justices of the peace for the purposes in this section contained as far as it relates to the offences aforesaid committed within the said city. 41 V.c. 14, s. 32. LVI. In every prosecution aforesaid the justice of the peace Penalty for or judge acting as a stipendiary magistrate, before whom such Sppesring as prosecution is brought, may summon any person represented to when sum- him as a material witness ; and if such person will not appear ™°"°* as a witness, such justice of the peace or judge may issue his warrant for the arrest of Such person, and such person shall thereupon be brought before such justice of the peace or judge and answer for his contempt ; and if such person refuses to give evidence upon oath or affirmation, he may be committed by such justice of the peace or judge to the common jail, there to remain and be imprisoned for any time not exceeding sixty days, unless in the meantime he consents to give evidence upon ; oath or affirmation when required. 41 V.c. 14,5. 33. LVII, The husband, wife, parent, brother, sister, tutor, Persons noti- guardian or employer of any person who has the habit of drink- forbidding If 5 * . . : = = “ 4 ' uor t ing intexicating liquors to excess; or the parent, brother or Been to eases sister of the husband or wife of such person; or the tutor or ae ee 8 e guardian of any child or children of any person, may give habit of notice in writing to any person, forbidding him giving secon eee any intoxicating liquor to the person having such habit, or to Co™Plying. allow any minor person to play billiards, or any game for which a license may have been granted ; and if the pe1son so notified does at any time within twelve months after such notice, either by himself or by his clerk, servant or agent, give or sell, or allow to be given or sold, any such liquor to the person having such habit, otherwise than on the written requi- sition of a licensed medical practitioner, stating that such liquor is for medical purposes, or if he allows such minor to play any of the games herein mentioned, against the written notice of the parent or guardian of such minors he shall be deemed guilty of an offence, and upon conviction thereof shall be fined not more than one hundred dollars, nor less than fifty Penalty. dollars ; and in default of immediate payment of such fine, with costs of prosecution, he shall be imprisoned in the jail for a term, not more than six months, nor less than one month, unless such fine and all costs be sooner paid; and the person giving such notice may, in an action in the court’ of Queen’s 144. Chap. 8. ‘ LICENSES, Bench, as for a personal wrong if commenced within six months after the offence has been committed, recover of the person so notified, damages not exceeding five hundred dollars, and in every case where the offence is proved damages shall be assessed against the defendants for not less than one hundred dollars; and such action may be brought by any married woman hereby authorized to give such notice; and she may bring such action in her own name and without the consent of , her husband ; and all damages recorded by her in such action shall go to her separate use. 41 V.c. 14,5. 34 pivots LVIII. Every person who shall by the sale of intoxicating causing the liquors, cause the intoxication of any other person, shall take of others by, charye and provide for such intoxicated person for the time meee. that he shall be under the influence of liquor ; and if he neglects provide for to do so, he shall be liable for, and compelled to pay a reason- cated person. able compensation to any person who may take charge of and provide for such intoxicated person ; which compensation may How recover- be recovered in an action of debt before any court having competent jurisdiction, with costs. 41 Vic. 14,8. 34 easier LIX. Any justice of the peace or judge, acting as a sti- the peace, or pendiary magistrate in the Province of Manitoba, shall have dndee,etes summary jurisdiction of all offences herein mentioned, and pivaraars Jo hear and determine all prosecutions for the same; and upon proof of the party accused being guilty of any of the said of- fences, such justice of the peace or judge shall have full power and authority in the premises ; and in cases when the accused: party is fined and no express authority is given to imprison such accused party for default cf payment of such fine, with costs of prosecution, the justice of the peace or judge before whom the prosecution is heard may, in default of immediate or other payment of such fine and costs, in all cases, issue his warrant of distress against the goods and chattels of such ac- cused party for the purpose of levying such fine and cost, together with the cost of distress, and in default of the fine May fine tana 224 costs being paid, or in default of the same being made by imprison‘in distress, may imprison the person convicted for any time not die exceeding three months ; and such warrant may be addressed and delivered to any sheriff, bailiff or constable in this Pro- vince who shall, upon receipt thereof, forthwith execute the same : provided always that it shall in no case be necessary to issue a distress warrant and to await a return thereof before ordering and committing to prison—but in all cases where, in default of payment of a fine, imprisonment is provided for, the justice or judge may immediately in default of payment, com- mit to the common gaol. 41 V.c. 14, s. 36. LX. The words “intoxicating liquors” wherever mentioned herein shall include all kinds, of spirituous or fermented liquors, wines, ale, beer, porter, or any other liquors that by their nature produce intoxication, no matter by what name the same may be called. 41 V.c. 14, s. 37. Interpreta- tion. LICENSES, Chap. 8. 145 LXI. It shall be the duty of the license commissioners to Report to be submit to the Legislature, in the first week of every session, a ™°°* report for the year preceding, and ending on 31st of December, which shall contain the results of the operations under the provisions herein contained, together with the license inspec- tor’s detailed report of his inspections, and the names of all licensed persons, their places of business, the number of offences tried, the list of fines imposed, the names of the justices of the peace before whom such offences may respectively have been prosecuted, the fees received under the provisions hereof and such other information and remarks as may tend to the best working of prohibitory restrictions. 41 V. c. 14,5. 38. LXII. In the city of Winnipeg the number of hotel licenses bUmitation of to be granted shall be limited to one for every three hundred erantedin the inhabitants ; and the population of the said city shall be as- nipes. sumed, for the purposes in this section contained, to be seven thousand souls, and such number may be increased or decreas- ed every year in conformity with any official census furnished by the corporation of the said city. 41 V.¢. 14,5. 39. LXIIL On information made before any justice of the peace 2ormation having jurisdiction in the locality, by any relatives, connec- fore justice of tions or clergymen, setting forth that any person, being a resi- ore dent of the locality within which the justice of the peace has jurisdiction, from or by the continual and excessive use of in- toxicating liquors : a. Has become unable to control himself in respect of the use of intoxicating liquors, or . 6. Is, in consequence of such use, squandering his property or mismanaging his affairs, or neglecting his business, and is bringing his wife, family or friends to want, poverty or dis- tress, or , c. By his conduct or habits, is putting them in apprehension or terror that he will do some act of violence to himself, his wife, family, friends or some other persons, _ Itshallbe the duty of such justice of the peace, and he sustice of the is hereby authorized, empowered and required, to summon Roe penone. such person before him, or if he shall, under the circum- 254 summar- stances, think it advisable to do so issue his warrant, and complaint. "° cause such person to be arrested and brought before him to answer the information laid against him ; and thereupon such justices may and shall summarily hear and determine the sub- ject matter of the said complaint, and discharge or convict the person complained against. 43 V.c, 24s. 1. LXIV. On the hearing of any such complaint, the justice may And may ad- from time to time, adjourn the further hearing of any such, time to time— Examine wit- ness, &c. 146 Chap. 8. LICENSES, complaint, and examine any and all witnesses produced before him by either sidé on oath, and if he shall see proper so to do, the person complained against, and generally, in such cases, adopt the practice, and conduct the proceedings according to the practice and procedure prescribed by 32-33 Victoria, chap- ter 31 of the Statutes of Canada. 43 V. «. 24, s. 2. eeaze LXV. In case any person against whom such complaint per- . son doesnot 1s made does not obey a summons for appearance before rantmayis. such justice of the peace, such justice may, on default of such ues appearance, issue a warrant and cause such person to be arrest- ed and brought before him to be dealt with according to law and as provided herein ; and such justice may, in the first instance, if under the circumstances he shall deem it ad- Fower of jus- visable so to do, issue a warrant and cause any such person to ; be arrested and brought before him, to be dealt with accord- ing to law and as provided herein. 43 V. ¢. 24,8, 3.” # LXVI. In any case arising under this Act, any justice of the peace before whom any complaint is made is hereby author- ized and empowered to issue subpoenas and to order the atten- dance of witnesses to give evidence on the hearing before them ; and all witnesses are obligated and bound to obey such sub- poenas and orders, and are compellable to be sworn and to give evidence viva voce before such justice, without any conduct money or other fee, compensation or allowance, and in default of attendance, or refusal to give evidence or answer any lawful questions under oath, for or against the accused, touching or Penalty for concerning the subject matter of any complaint, may by the contempt. —_ said justice, be adjudged guilty of contempt of court, and may, for every such contempt, be by the said justice, ordered to be committed to the common gaol of the district or Province for any period not exceeding thirty days. 43 V. c. 24, s. 4. ‘Witnesses. ” LXVII. The conviction of any person on any complaint made Finding of a. against him under this Act, which recites the substance of the edsufficient information, and states in plain and concise language, the hear- va ing of the evidence and the finding thereon of the justice of the peace, shall be deemed sufficient in law. 43 V.c. 24 s. 5. Convictione . LUXVIII. Such justices of the peace shall execute every convic- tobe in dup- tion by them made under this Act in duplicate (except for con- Exception. tempt); and immediately aftcr conviction, shall transmit b — mail one of such duplicate convictions, along with the de- Proceedings positions taken and the proceedings had in the matter of the mitted elerk complaint, to the clerk of the crown and peace at Winnipeg, Winnipes,” and the other of such duplicate conviction to the inspector of and toinspec- licenses, in default of which the justices shall each incur a Bes. penalty of one hundred dollars to be recovered in any court Indefaut Of competent jurisdiction with full costs, one-half of such justice liable penalty to go to the informer or prosecutor, and the other half Wait of ponal- thereof to the Provincial Treasurer, to and for the use of Her ty. to mform- Majesty. 43.V.c. 24, 8. 6. LICENSES. Cnap. 8. 147 LXIX. Immediately upon the receipt by thé inspector of License in- Licenses of any conviction in the next preceding section men- BT rotiaen tioned, he shall deposit in the post office at Winnipeg several to every, oe envelopes respectively addressed to every licensed liquor dealer vince-con- in this Province, each containing a notice that the person con- or person. a victed is interdicted the use of intoxicating liquors, to be add- imterdcted. ed to the list of the names, domicile and occupation of all those who have been heretofore interdicted under this Act; and thereupon every liquor dealer shall post up and keep post- ed up the said list and notice of interdict in some conspicuous place in his bar-room or place of business; and no liquor Notice posted. dealer shall thereafter. directly or indirectly sell, give, deliver 7 or suffer to be sold given or delivered to any interdicted per- son any intoxicating liquor or intoxicants; and for every breach by any liquor dealer of any of the provisions in this section contained, he shall on conviction thereof before any ’ justice of the peace having jurisdiction in the locality, be lia- ble to a fine not exceeding one’ hundred dollars nor less than twenty dollars, together with the lawful costs of prosecution— ,, op im- and in default of the payment of the fine and costs forthwith, prisonment. to imprisonment in the common gaol for a period not exceed- ing three months nor less than one month, unless the said fine and costs, together with the costs of the warrant of commit- ment, and the cost of conveying the convicted person to the common gaol, be sooner paid ; one-half of the said fine to go gairor ane to to the informer or prosecutor, and the other half to the Pro-go to,inform- vincial Treasurer, to and for the use of Her Majesty ; and the treasurer. practice, procedure and conviction under this section, shall be a summary proceeding, and may be in conformity with and fter the practice, procedure and forms contain :d in 32-33 Vic« oria, Chapter 31, of the Statutes of Canada, 48 V. ¢. 24, 8.7. LXX. Whereas there are certain classes of inebriates, so fat In case of gone or so circumstanced, that the remedial measures herein- Grunkerd, before provided for their restoration will not avail, and human- ity demands that a restraining power should be exercised upon them, according to law ; therefore, if upon the hearing of any information taken by any justice of the peace under the sixty-third section of this Act, it shall appear to him that any person complained against is not likely to be reformed under the provisions hereinbefore contained, he is hereby authorized and empowered to commit the party complained against to the common gaol for any period hé may under the circum- Fore akon stances think most conducive to the reformation and advantage mon gaol. of the accused, not exceeding sixty days ee d days. 43 V.¢.24,s. 8. § sixuy days nor less than thirty LXXI. Thecharges and expensesof the proceedings under this charges ana Act shall be a charge on the consolidated revenu ig CabOnsee te 3 e fund of this $32 Province ; and the accounts therefor shall in the same manner the consol as the accounts for the expenses of the administration of crim-wefud. inal justice, be audited and paid on the order of’ the Lieuten- ant-Governor in Council: provided always that the only 148 Chap. &. LICENSES. charges that shall be made shall be those of constables’ ser- No charge Vices on executing process, and the actual necessary disburse- made against ments and reasonable fees of justices of the peace, and of the an, erson . . . by justice of inspector of licenses; but no charges shall be made against any oe eae oY person taking proceedings under this Act by any justice of the peace or by any constable. 43 V.c. 24, 5. 9. LXXIL For every license to sell intoxicating liquor granted after the passing of this Act,a fee of two dollars over and above all other fees and charges, shall be imposed upon the licensee, and : be paid into the consolidated revenue fund of this Province and me form an “Inebriate Fund” of which the Provincial Treasurer shall keep an, account, and against which he shall charge all the expenses of executing the provisions aforesaid. 43 V. c. 24, s. 10. ‘ Interdict may , UXXILi. Any -person interdicted under this Act may at any ie memos time apply to any of the judges of the court of Queen’s tion to judge. Bench to have the interdict removed, and such judge may, if he shail think it wis2 and proper so to do, order the removal of the interdict ; and thereupon, the inspector of licenses on being served with a copy of such order, shall direct. the. name of the person interdicted to be erased from the list of in- terdicted. 43 V. c. 24,5. 11. LXXIV. The sections in division 3 of this chapter may be cited as “ The intoxicating Liquor Act of Manitoba,” and the following are the forms referred to in sections 34, 40, 39, 41 and 35 ;and the forms in the schedule to this Act, A. B.C. D. E. Formstobe F.G.H.I. J. K. L. M. may he used and shall be deemed suffi- Seed. cient in law in proceedings under the several sections of this Act to which they refer.; and it shall be the duty of the At- torney-General, so soon after the passing of this Act as can reasonably be done, to have at least five hundred copies of this Act printed and distributed—especially to justices of the peace, together with a reasonably large number of the several forms for use by justices of the peace in proceedings under this Act— with a sufficient number of copies of the Act and notices of in- terdict and blank lists of the interdicted for the inspector of licenses under this Act; and the expenses of the preparation and printing of the papers aforesaid shall be a charge on the consolidated revenue fund of this Province and be carried to the debit of the “Inebriate Fund” mentioned and created in the seventy-second section of this Act. . FORM A. (Section 34.) We, the undersigned, hereby severally declare that (the name Form A. of the applicant) is personally known to us ; that we are of the twenty nearest voters and householders (tavern or store as the FORMS. Chap. 8. case may be), wherein the applicant intends to sell intoxicating liquors, as specified in his petition ; that we have read or heard read to us the whole of this recommendation before signing it ; and we recommend the applicant as a fit and proper person to obtain a license to sell intoxicating liquor as (as tavern keeper, or as a grocer, or by wholesale, as the case may be) in the (tavern or store, as the case may be), occupied by the said ap- plicant at (place to be particularly specified), in the electoral division of in the county of in this Pro- vince ; *[and we further certify that the tavern of the said ap- plicant is fitted up and furnished for the accommodation of travellers with at least four good separate bed-rooms, apart from and exclusive of the bar-room, dining-room, kitchen, and the rooms occupied by the said applicant and his family and servants ; and that he has convenient thereto good and_ sufli- cient stabling for at least ten horses exclusive of that required for the horses or other animals of the said applicant] ; and we consider it necessary for the convenience of the public that a license should be granted to the said applicant. Dated at in the county of this day of 188 *Norz.—The words within brackets [] to be used only when the applicant is applying for a tavern license. I, the undersigned justice of the peace for the county of do certify that all the persons whose names are appended to the above recommendation are personally known to me, and have signed in my presence, and that they. comprise at least sixteen of the twenty nearest voters and householders to the (tavern or store, as the case muy be) speci- fied in the said 1ecommendation. Dated at in the county of this day of 188 FORM B. (See, 40.) * I applicant for a license to sell intoxicating Form B. liquors as (a hotel keeper, or as a grocer, or by wholesale as the case may be), make oath and say: That Iam of the full age of twenty-one years; that I have never been convicted of fel- ony ; and that I am a man of good moral character and’ temn- perate habits. Sworn before me at in the county of this day of 188 Justice of the peace, or, A commissioner in B. R., ete. . (Signature of Applicant.) 149 150 Form C. Form D, Chap. 8. FORMS. FORM C. (Sec. 40.) We, and do severally make oath and say: That we are neighbors of applicant for a li- cense to sell intoxicating liquors as (a hotel or tavern keeper, or as a grocer, or by wholesale, as the case may be); that he is personally known to us; that he is of the full age of twenty- one years ; that he has never been convicted of felony to our knowledge; and that he is a man of good moral character and of temperate habits. Sworn before me ai in the county of this day of 188 Justice of the peace, or, A commissioner in B. R. (Signature of neighbors.) FORM D. (See. 39.) To the license commissioners of the Province of Manitoba. The petition of the undersigned humbly showeth:— That your petitioner makes application for a license to sell intoxicating liquors as (a hotel or tavern keeper, or as a grocer, or by wholesale, as the case may be), in the building occupied by your petitioner at (place to be particularly specified), in the electoral division of in the county of , 10 this Province. Your petitioner has deposited with the Honorable the Pro- vincial Treasurer the sum of _ dollars, the fee pay- able for such license, and produces herewith the Treasurer's receipt. Your petitioner produces herewith [also the recommendation of at least sixteen out ofthe twenty nearest voters and house- holders to the said (tavern or store, as the case may be), to form part of this petition ;] also, his own affidavit and the affidavit of two respectable neighbors, to prove his qualifica- tion to obtain a license. And your petitioner prays that a license may be granted to him accordingly. Sworn before me at in the county of this day of 188 Justice of the peace, or, A commissioner in B. R., ete. (Signdture of petitioner.) ' 4 FORMS. Chap. 8. 151 FORM E. (See. 47.) LICENSE. Whereas . of in the county of has z made application for a license to sell intoxicating haa liquors that is to say: ; and it having been made to appear to us that the said has complied with the provisions of the statute in that behalf, this is to certify that the said is hereby licensed, as provided by law, to sell intoxicating liquors in manner aforesaid, at his said place of business, for the period of one year—that is to say ; from the day of 188 to the day of 188. Dated this day of 188 FORM F. (See. 35) To the license commissioners of the Province of Munitoba. — pirm F, We, the undersigned, do hereby protest against the granting of a license to sell intoxicating liquors as a hotel keeper (or as the cause may be) to (A. B.) for the following reasons: (Here state fully the reasons intended to be relied on.) Dated at in the county of this day of A.D. 18 A, B, ete. I, the undersigned justice of the peace for the county of , do certify that all the persons whose names are ap- pended to the above protest are personally known to. me and have signed in my presence, and that they are comprised with- in the twenty nearest voters and -householders. to the (¢avern or store, as the case may be) for which (A. B.) has applied for a licensé in the county of Dated at in the county of ; this day of A.D 18 A. B. Justice of the peace. Chap. 8. SCHEDULE OF FORMS. SCHEDULE OF FORMS. A.-(Secs. 63, 65.) INFORMATION. Province of Manitoba, { of the in the county of County (or district as laborer (or as the the case may be) of case may be) taken before me the undersigned, one of Her Majesty’s justices of the peace in and for sheweth that (Here insert and state that the person complained against is guilty—adopting the language contained in any one or more of the offences, a. b. c. vn the first section—recollecting to describe the person complained against, as of the parish of an the county of , yeoman) and the said prays that may be pro- ceeded against under “the intoxicating liquors Act.” CANADA: The information of Taken and sworn before the undersigned at in the county of this day of 188 ees B. (Sees. 63, 65)' SUMMONS. CANADA: : pe of Manitoba, ek 8 Be ee. Sounty (or district as the case may be) of laborer. Whereas information hath this day been laid before me, the undersigned, one of Her Majesty’s justices of the peace in and . for (as the case may be) for that you the said (here state shortly the matter of complaint in the information as_therein stated.) These are therefore to command you, in Her Majesty’s name, to be and appear on the day of at o'clock (an the fore- ~ noon or afternoon, as the case may be) before me at to answer to the said information and to be fur- ther dealt with according to law. Given under my hand and seal this , day of 188 [L.s. J.P. SCHEDULE OF FORMS. Chap. 8. C. (Sees. 63, 65.) WARRANT FOR ARREST WHEN SUMMONS DISOBEYED. CANADA: To all or any of the constables of ro vince of Manitoba, ( Manitoba, (or to any one or more con- (or district, as the case ( stables, or peace officers in particular, may be.) as the case may be.) Whereas, on the day of information . was laid before us, me undersigned, one of Her Majesty’s jus- tices of the peace in and for for that A.B, of (de. as in the information and snmmons) : And whereas, I, as such justice as aforesaid, did issue my summons unto the said A. B., commanding him in Her Majesty’s name, to be and appear before me, on a day and hour therein named, to answer the said information and to be dealt with according to law, of which the said A. B. had due notice : And whereas the said A. B. hath dis+ obeyed my said summons and hath not appeared before me to answer to the said information, but hath neglected so to do, and hath therein failed and made default, although it hath been proved before me that my said summons was duly served upon the said A. B.. : These are therefore to com-. mand you, in Her Majesty’s name, forthwith to apprehend - the said A. B., and to bring: him before me to answer to the said information and to be further dealt with according to law under “the intoxicating liquors Act.” Given under my hand and seal this day of 188 [Seal.] J.P. D. (Secs. 63, 65.) WARRANT OF ARREST IN THE FIRST INSTANCE. _ CANADA: cn or oo To all constables (de, as in form C1) the case may be) of Whereas information hath this day been laid before me, the guested one of Her Majesty’s justices of the peace in and or for that A. B. _of in the County of is guilty of (describe offence asin information—see di- rections on this point in form B.) These are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said A. B., and to bring him before me to 153 ‘164 Chap. 8, SCHEDULE OF FORMS. answer to the said information and to be further dealt with ac- cording to law under “the intoxicating liquors Act.” Given under my hand and seal this day of 188 [L.8.] J.P. E. (See. 66.) SUBPEENA. CANADA : Province of Manitoba, To E. F. (and others, if more than County (or district as ( one.) the case may be) of \ Whereas information has been laid before me, the under- signed, one of Her Majesty’s justices of the peace in and for for that (describe the person and offence as directed in informa- tion, form A, and summons form B,) and it hath been made to appear to me that you are likely to be able to give material evidence in respect of the subject matter of the said information : These are therefore to command and require you to be and ap- pear on the day of 188 at o'clock (in the forenoon or afternoon as the case may be) before me at in the coun-, ty of and there testify what you shall know concerning the matter of the said information. Herein fail . not. Given under my hand and seal this day of 188 “LS. J.P. ne] F. (See. 66.) WARRANT To ARREST ON DISOBEDIENCE TO SUBPCENA. | CANADA: Province of Manitoba, County (or district as To all Constables, &c., (as in Form the case may be.) ~ B.) Whereas on an information laid before me against A. B., under “the intoxicating liquors Act,” I did on the day of 188 , duly issue my subpcena to C. D., of in SCHEDULE OF FORMS. Chap. 8. the county of commanding and requiring him to be and appear before me, justice of the peace,in and for ; on a day and at an hour therein mentioned, and there testify what he might know touching or concerning the matter of the said information : And whereas the said C. D. ~ was duly served with the said subpoena as by the returns thereof appears : And whereas the said C. D. has made default in appearing, and no reasonable or valid excuse for disobedience to the said subpoena has been offered or produced before me. These are therefore to command you, in Her Majesty’s name, forthwith to arrest the said C. D. by his body and to bring him before me to answer for his contempt of court in disobeying the said subpoena, and to be further dealt with according to law. Given under my hand and seal the day of 188 Le : [L.8.] Jed. G. (See. 66.) CONVICTION FOR CONTEMPT OF COURT. CANADA: Province of Manitoba, County (or district as the case may be.) of Be it remembered that on the day of 188 ; in the County (or district as the case muy be) of A.B. is convicted before me, the un- dersigned, one of Her Majesty’s justices of the peace in and for tor that the said A.B. did commit contempt of court in disobeying a summons of subpcena com- manding and requiring him to be and appear before me on a certain day and at a certain hour therein named, and testify what he might know touching or concerning a certain. informa- tion then pending before us against C.D. ,under “the intoxi- cating liquors Act,” (or did commit contempt of cowrt in refus- ing to testify on oath and to answer on oath certain matters and questions material to the examination and investigation of ‘the said information, and lawful and proper to be enquired into and answered as the case may be,) and I adjudge the said A.B. ' for his said offence to be imprisoned in the ‘common gaol for the period of days, (not to ex- ceed thirty days.) , Given under my hand and seal the day and year first above mentioned. [L.8.] J.P. 155 156 Chap. 8. SCHEDULE OF FORMS. H. (Sec. 67.) CONVICTION OF INTERDICTION.. CANADA : Province of Manitoba, County (or district as the case may be) of Be it remembered that on the day of 188 at in the County (or district us the case may be) of A.B. is convicted before me, the undersigned, one of Her Majesty’s justices of the peace in and for for that the said A.B. is guilty of (here describe the offence as in the information) and I ad- judge that the said A. B. be and he is hereby inter- dicted from the use of intoxicating liquors in pursuance of “the intoxicating liquors Act.” And I do hereby forbid any licensed dealer in intoxicating liquors to sell, give.or deliverany intoxicat- ing liquors to the said A.B. or to any one for his use ; and the inspector of licenses is hereby required forthwith to no- tify all licensed liquor dealers of this interdiction in pursuance of the said Act. Given under my hand and seal, the day and year first above mentioned. i [L.8.] JE. I. (Sec. 70.) CONVICTION FOR IMPRISONMENT UNDER SEC, 70. CANADA : Province of Manitoba, County (or district as the case may be) of Be it remembered that on the day of 188 ab - in the county (or district as the case may be) of A.B, of is convicted before me, the undersigned, one of Her Majesty’s justices of the peace, for that the said A. B. is ilty of (here describe the offence asin the information) and I adjudge that the said A. B., for his said offence, to” be imprisoned in the common gaol of this Province for the pe- riod of days from the date of this my conviction (number of days not to exceed thirty nor be less than ten, ac- cording to discretion of the convicting justice) in pursuance of “the intoxicating liquors Act.” SéHEDU LE OF EORMS. Chap. 8. Given under my hand and seal the day and year first above mentioned. [LS] J.P. J. (See. 66.) COMMITMENT ON CONVICTION FOR CONTEMPT OF COURT. CANADA: Province of Manitoba, Toall or‘any constables and other County (or district as (peace officers of the Province of the case may be) of Manitoba : Whereas, on the day of 188 A.B, of in the county of laborer, (or as the case may be) was convicted be- fore me, the undersigned, one of Her Majesty's justices of the peace in and for the that he the said A. B. did wilfully (1) disobey my summons of subpcena in a certain matter of information and complaint against C. D. under “the intoxicating liquors Act,” then pending before me as such justice aforesaid, for hear- ing and examination, although the said summons of subpoena was in due time served upon the said A. B. as was duly proved before me and no reasonable or valid excuse assigned for such disobedience to, and non-attendance upon the said summons of subpoena—[(2) if the conviction be for contempt of court in refusing to be sworn or to testify or to answer questions, let the fact be stated according to the fact instead of the foregoing statement, beginning at (1) and omitting from (1) to (2)]: These are therefore tocommand you, the said con- stables and peace officers, or any of you, to take the said A. B. and him safely convey to the common gaol at Win- nipeg, and there deliver him to the keeper thereof together with this precept ; and I do hereby command you the said keeper of the said common gaol, to receive the said A. B. into your custody in the said common gaol, and there to imprison him, and for your so doing, this shall be your suffici- ent warrant. Given under my hand and seal this day of 188 [L. 8] Note——Convictions and commitments of liquor dealers under 7th section may be after forms 32 and 33 Victoria, ° Chapter 31. 157 198 Chap. 8. | SCHEDULE OF FORMS. | K. (Sec. 70.3 COMMITMENT ON CONVICTION UNDER SEC. 70. CANADA : and other peace officers for the Province of Manitoba, Province of Manitoba, dnd to the County (or district as the {keeper of the common gaol of case nuvy be) of | Manitoba (or of the county or J district as the case may be.) | To all or any of the constables Whereas on the day .of 188 complaint was made before me, the undersigned, one of Her Majesty’s justices of the peace in and for the for that A. B., of (as in the conviction) and afterwards, to wit, on the day of in the year aforesaid the said’ A.-B., appeared before me, the said justice, and thereupon having considered the mat- ter of the said complaint, I adjudged the said A. B. for his said offence to be imprisoned in the common gaol for the Pro- vince (or for the district or county of as the case may be) for the period of days, from the day of 188° then next. These are therefore to com- mand you the said constables and peace officers, or any of you, to take the said A. B., and him safely convey to the said common gaol at and there to deliver him to the keeper thereof together with this precept: And I do here- by command you the said keeper of the said common gaol to - receive the said A. B. into your custody in the said common gaol, and there imprison him and ‘keep him at hard labor for the period of days from the day of 188 then next ; and for your so doing this shall be your sufficient warrant. Given under my hand and seal this day of 188 : {L.8.] J.P. ‘ L. (See. 69.) NOTICE OF INTERDICTION. Winnipeg, 188 A.B, of in the county of Innkeeper (or grocer as the case may be) Sir, In pursuance of “the intoxicating liquors Act,” you are hereby notified that C. D., of in the County of SCHEDULE OF FORMS. Chap. 8. laborer (or as the case may be) is interdicted from the use of intoxicating liquors on conviction made by F. a justice of the peace in and for the bearing date the day of 188 ; and you are required to govern yourself ac- cordingly. T also enclose herewith a list of the names of persons here- tofore interdicted under the statute to which I have referred, which together with this letter you are required to post up in your bar-room or place of business, in pursuance of the 69th section of the Act; and this section also points out your re- sponsibility and liability in respect of this notice and list of the interdicted and the persons therein named, to and for which you will be held strictly accountable. That you may be without any excuse in the premises, I herewith enclose a copy of the Act in question. Your obedient servant, Inspector of Licenses. M. (See. 69.) LIST OF INTERDICT PERSONS. List of persons interdicted in pursuance of “The intoxicat- ing liquors Act.” : ‘ By whom ees Names. |Residence.| Occupation. | te dicted. Date of Interdiction NorTe.—Any person selling, giving or delivering, or permitting to be sold, given or delivered to any person named in the above list, any intoxicating liquors will be punished as poovges in the 69th section of the “intoxicating li- -quors Act,’ a copy of which is herewith enclosed. Also any person tearing own or defacing the above list shall, for every such offence, incur a penalty of ten dollars, which may be recovered in asummary manner on conviction be- fore any justice of the peace. ‘ Inspector of Licenses. 159 160 When obtain- able. Bonds to be given. Oath of appli- cant, Who may consent to marriage. Further evi- dence may be required. MARRIAGE LICENSES, Chap. 8. Division 4. MARRIAGE LICENSES. LXXV, Marriage licenses may be issued from the office of the Provincial Treasurer under the hand and seal of the Lieut- enant-Governor, and shall be furnished to persons requiring the same by such persons as the Lieutenant-Gover in Council shall name for that purpose. 41 V.c. 10,5. 1. LXXVI_. All persons requiring such licenses shall, previous to obtaining the same, have given a bond to Her Majesty, to- gether with two sufficient sureties, being freeholders, in the form A im scction 87. 40 V.c. 10, s. 2. LXXVII. Before any certificate or license is granted by any person so named, one of the parties to the intended marriage shall personally make oath before the person who is to grant the certificate or license, that he or she believes that there is no affinity, consanguinity, precontract or other lawful cause or legal impediment to bar or hinder the solemnization of the marriage, and that one of the parties has for a space of fifteen days immediately preceding the issue of the certificate of li- cense, had his or her usual place of abode within the judicial district or county in which, for either municipal or judicial purposes, the parish, locality or municipality in which the marriage is to be solemnlzed lies; and in case either of the parties, not being a widower or widow, is under the age of twenty-one years, that the consent of the person whose con- sent to the marriage is required by law, has been obtained thereto: provided always, that if there is no person having authority to give such consent, then upon oath made to that effect by the party requiring the certificate or license, it shall be lawful to grant the certificate or license, notwithstanding the want of any such consent; and the affidavit may be in the form B in section 87. 40 V.c. 10,5. 3. LXXVIII. The father, if living, of any party under twenty- one years of age (not being a widower or widow), or, if the father be dead, the guardian or guardians, of the person of the party so un ler age, lawfully appointed, or one of the guardians if there be more than one; or, in.case there is no such guar- dian, then the mother of the minor, if the mother is unmar- ried, shall have authority to give consent to the marriage. 40 V.c. 10, 8. 4 LXXIX. In case the person having authority to issue the certificate or license has personal knowlege that the facts are not as the sixty sixth section requires, he shall not issue the certificate or license, and if he has any reason to believe or suspect that the facts are not as aforesaid, he is, before issuing the certificate or license, to require further evidencé to his sat- eee in addition to the said affidavit or deposition. 40 V. ce. 10, 8. 5. . MARRIAGE LICENSES. Chap. 8. 161 LXXX. Every issuer of licenses aforesaid shall, whenever [yuse4 "em so required, transmit to the Provincial Secretary any unissued. licenses in his possession, custody or control, and the property in all unissued licenses shall be and remain in Her Majesty. 40 V.c. 10,5. 6.. ‘ LXXXI. Every issuer of such licenses shall receive from the person requiring the same the sum of six dollars, out of which he shall retain for himself the sum of one do!lar; and he shall pay the remainder over to the treasurer of the Province at such time or times as the said treasurer shall direct. 40 V.c. 10, s. 7. LXXXIL The sum so paid over to the treasurer shall be by Fo "pom iy “him paid over annually, after the deduction thereout:of all ex- penses incurred by him in connection therewith, to the moder- ator of the presbytery, the chairman of the district, or the other head of the ecclesiastical society or community by whom the marriages, under authority of such licenses, have been cele- brated, in the relative proportion to which each of such societies or churches are entitled thereto, according to the information and judgment thereon of the treasurer, to be applied by them in the case of any such bodies having colleges in this Province, to the aid thereof and in other cases as they shall see fit. 40 V.c. 10,8. 8. LXXXIII. No minister who has performed any marriage Immunity of : : : : Ministers. ceremony ander authority of a license issued hereunder, shall be subject to any action or liability, for damages or otherwise, by reason of there being: any legal impediment to the marriage, unless, at the time when he performed such ceremony, he was aware of the existence of such impediment. 40 V. c. 10, s. 9. LXXXIV. Every issuer of marriage licenses shall, when enomita. issuing a marriage license, ascertain and report to the treasurer ingceremony, the religious denomination in connection with which the in- tended marriage is to be solemnized. 4C V.c. 10,s. 10. LXXXV. The better to secure a proper distribution of the Head of deno- sums so to be apportioned among such religious orders, and to reper assist the treasurer in connection therewith, the head of each religious community, or any member thereof, may report an- nually to the treasurer, the number of marriages celebrated by such religious society under said licenses. 40 V.c. 10, s. 11. LXXXVI_ The licenses to be issued hereunder shall be in Mcqnsesune the place and stead of the licenses which were heretofore issued take place of” by the Provincial treasurer under the hand and seal of the” Lieutenant-Governor as deputy of His Excellency the Gover- nor-General, and all the provisions herein contained are ex- pressly restricted to, and shall only apply to, such licenses, and shall not operate to the prejudice of any other authority to prguice 11 162 ‘When ‘enfor- ced, Form A. Form. B. Chap. 8. MARRIAGE LICENSES. issue licenses or dispensations for marriages as the same may be found to exist according to law. 40 V.c. 10,5. 12. LXXXVII. The sections in division 4 of this chapter may be cited as “The Marriage License Act of Manitoba.” The fol- lowing are the forms referred to in sections 76 and 77 : FORM A. (Sec. 76.) ‘ PROVINCE OF MANITOBA. Know all men by these presents, that we are held and firm- ly bound, jointly and severally, unto our Sovereign Lady Vic- toria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, in the sum of eight hundred dollars of current money of this Province, to be paid to Her said Majesty, Her heirs and successors, for the whith payment well and truly to be made, we do bind our- selves, and each of us by himself, our and each of our heirs, executors and administrators firmly by these presents. Sealed with our seals, dated at the day of in the’ year of Her Majesty’s reign, and in the year of ‘our Lord one thousand eight hundred and The condition of this obligation is such that whereas the above bounden hath obtained a license of mar- riage for himself and now if it shall not appear hereafter that they, or either of them, the said and have any lawful let or impediment, pre-con- tract, affinity or consanguinity, to hinder their being joined in holy matrimony, and afterwards their living together as man and wife, then this obligation to be void and of none effect ; otherwise to be and remain in full force and virtue. Signed, sealed, and eral at in the presence of ' FORM B. (Sec. 77.) I, A. B,, (or C. D.) of § Bachelor (or widower.) | Spinster (or widow.) make oath and say: 1. That I and C. D., of spinster (or widow) bache- lor (or widower), are desirous of entering into the contract of marriage, and of having our marriage duly solemnized. 2. That according to the best of my knowlege and belief there is no affinity, consanguinity, pre-contract, or any other lawful cause or legal impediment to bar or. hinder the solem- nization of the said marriage. LICENSES FOR FERRIES. Chap. 8. 3. I, (or the said C. D., or both. ds the case muy be), have (or has) had, since the day of my (or his, or her, or owr) usual place of abode within the muni- cipality of ' (our pdrish, or place, as the case may be). 4. I am of the age of years, and the said C. D. is of the age of years. 5. (In case of one or both of the parties being under the age of twenty-one yeurs), \ oe Widower. ) Tama B ‘ Widow. j or the said C. D. (or A. B) isa if Widow, F : or l Widower. ; (according to the fact); or, E. F., of is the person, whose consent to said marriage is required by law, and the said E. F. consents to the said marriage ; (or the father of the said party under age) is dead; no guardian of the person of the said (party under age) has been appointed, and the moth- er of the said (party wnder age) is dead (or married), and there is no person having authority to give consent to said marriage (as the case may be). > (Signed), ' Q .B. or . D, Sworn befor me at, in the of this day of 188 G. A, Issuer of Licences. Dwision 5. LICENSES FOR FERRIES. 163 — LXXXVIII. No person shall be entitled to act as ferryman, Ferrymen must be licen- or cause any person in his employ to act as such in ferrying sea any person or person from one side of either the Red river, or on the river Assiniboine near the confluence with the Red river to the other, in the limits of this Province, unless he has previously been duly licensed to keep a ferry or crossing from one side to the other of said rivers, during the time and at the ae and within the limits specified in said license. 34 V. c. ,8. 1. 164 Chap. 8. LICENSES FOR FERRIES. Everylicen, = LXXXIX. Every ferry license for a ferry shall be issued by issued.” °™ the Lieutenant-Governor in Council, after public competition, as hereinafter provided. 41 V. ¢. 22, s. 1. When an e . . : ferry becomes XC. Whenever any ferry is established or becomes vacant, vacant, duty it shall be the duty of the minister of public works to offer of Minister Of the license or renewal of license for such ferry to public com- petition, and for that purpose to give notice in the English and French language in the Manitoba Gazette, and in one or more newspapers published or circulated in the locality in which the ferry is situate, of the time and place at which ten- ders will be received for the license, or 1enewal of license, for such ferry ; and the minister of public works shall report the result of such competition to the Lieutenant-Governor in Council. 41 V.c. 22,5. 2. mmaybesrant- ‘ XCI. Ferry licenses issued after such public competition eo may be granted for any term not exceeding ten (10) years. 41 V.c. 22,58. 3. pi sGov.may XCIIL. The Lieutenant-Governor in Council may make, and time make _, may from time to time repeal or alter such regulations as he follows: deems expedient, for any of the tollowing purposes, that is to say : (1.) For establishing the extent and limit of all or any such ferries as aforesaid ; (2.) For defining the manner in which the conditions (an- cluding any duty or sum to be paid for the license, or any grant of public money towards assisting any public ferry) under which, and the period for which, licenses shall be grant- ed in respect of such ferries, or for any one or more of them ; (3.) For determining the size and description of the vessels to be used on any such ferries by the persons holding licenses in respect thereof, and the nature of the accommodation and conveniences to be provided for passengers carried on such vessels ; (4.) For fixing the tolls or rates at which persons or chattels - shall be carried over such ferries, and the manner or places at which such tolls or rates shall be published or made known ; (5.) For enforcing the payment of such tolls or rates by the persons carried, or for whom chattels are carried over such ferries ; (6.) For regulating the conduct of persons holding licenses in respect of such ferries, and for fixing the times and hours and parts of hours during, and at which, vessels employed on such ferries shall cross and re-cross, or depart from either side -of any such ferry for that purpose ; LICENSES FOR FERRIES. Chap. 8. 165 (7.) For annulling and declaring the forfeiture of any such ferry license, in consequence of the conditions thereof, or any of them, not having been fulfilled ; or in consequence of such license having been obtained by fraud or misrepresentation, or '» through error ; (8.) For compelling the persons holding ferry licenses to keep, at all times, the places of embarkation and landing in good repair, by cutting away the banks and erecting wharves where necessary, so that passengers, teams, horses, cattle, and other property may be embarked or landed without damage or unnecessary delay ; (9.) For preventing any raft, vessel, steamboat, or any craft, from damaging or cutting any rope of a licensed ferry ; (10.) For imposing penalties, not exceeding one hundred dol- lars in any case, for the violation of any such regulation ; and all the regulations aforesaid shall, during the time for which they are intended to be in force, have the force and ef- fect of law. 41 V.c. 22,5. 4 XCIII. The minister of public works shall cause all regula- fo Be peuuas ; tions made as aforesaid to be published in the English andea. French languages in the Manitoba Gazette at least three times during the three months following the date thereof,and any copy of the said Gazette, containing a copy of such regulations or any of them, shall be evidence of such regulation or regula- tions. 41 V. c. 22,8. 5. XCIV. All fines and penalties imposed by law or by any re- ener gulations made and published as aforesaid, shall be recoverable apie. in a summary manner before any one or more justice or jus- tices of the peace, on the oath of any credible witness ; and one-half of every such penalty shall be paid to the informer, and the other half shall belong to the crown. 41 V. ¢. 22, s, 6. XCV. In case the sum forfeited be not paid immediately Offender may after conviction, the convicting justice or justices may committo common the offender to the common gaol for a period not exceeding!" two months, unless the forfeiture and all costs be sooner paid. 41 V. ¢, 22,8. 7. xs ' XCVI. Any person who interferes with the rights of any pooner licensed ferryman by conveying passengers or goods for hire or rights of any profit, or with intention to le.scn the tolls or revenue of any —_ ferry within the limits assigned to such ferryman by the crown, shall, upon conviction thereof before a justice of the peace for the county in which either terminus of the ferry may be established, be hable to a penalty not exceeding twenty dol- lars, or in default of payment, to an imprisonment in the com- mon gaol for a period not exceeding two months, unless the forfeiture and all costs be sooner paid: provided, however, it shall not be unlawful for any person to convey passengers or 166 Chap. 9. COMPANIES, goods when it is made to appear that the ferry is not at the time in sufficient repair to afford such persons or goods a safe and speedy transit. ° 41 V. c. 22, s. 8. drunkenness, CVII. Any person using obscure language, or being dis- ete. while on orderly, or being drunk while on any of the public ferries, ; shall incur a penalty for each offence not exceeding five dol- lars, on the complaint of any person within three months from the committing of the offence, and the penalty shall. be paid to the use of the crown. 38 V.c. 36,5. 1. | Penalty for Penalty for casing for CVIII. Any person passing forcibly upon any ferry with- bly on ferry. out paying the toll exigible, or otherwise evading the payment of the said toll, shall incur a penalty for each offence not ex- ceeding five dollars. 38 V.c. 36, 8. 2. Penalty for XCIX. Any person wilfully and maliciously interrupting wilfully inter-- ; Rees : rupting fer- any of the public ferries shall incur a penalty for each offence ries. not exceeding one hundred dollars. 38 V.c. 36, s. 3. How recover- ( The'penalties imposed in the eighty-seventh and eighty- eighth sections of this Act may be recovered with costs before any justice of the peace having competent jurisdiction, on pro- secution brought by the lessee or lessees of such ferries within three months from the date when the offence was committed, and shall belong half to the lessee or lessees and half to the ” crown ; and in default of the immediate payment of the fine: beimprisonéd 5nd the costs, the person convicted may be imprisoned for any exceeding six time not exceeding six months, unless the said fine and all costs be sooner paid; and the sections in division 5 of this chapter may be cited as “The Ferry Act of Manitoba.” 38 V. c. 36, 8. 4. Persons may CHAPTER IX. An respecting the incorporation of companies and their powers. to insurance, s. 9. Election of directors, s. 10. Election to be by ballot, s. 11. DIVISION _1.—INCORPORATION OF MU- TUAL FIRE INSURANCE COMPANIES. Meetings to establish—Warrant of Lieut.-Governor, s. 1. ; eHow meetings to be called,'s. 2. Name of company, name, &c¢., 8. 3. Election of directors, 8. 4. eewee to admit members and insure, 8. 5. GENERAL MEETINGS— me meeting for election of direc” Ors, 8. 6. Annual report and statement, s. 7. Notice of annual or special meetings, s.8. - . Members‘to have votes in proportion Case of a tie at an election, s. 12. Directors tobe members and insurers to $800, s. 18. Board may appoint a manager who may be a director, s. 14. Certain persons not eligible to be di- rectors, s. 15, Quorum of directors, s. 16. Equality of votes, s. 16. ete may record their dissent, 8.17 Vacancies, how filled up, s. 18. In case of failure in election of direc- tors,s.19. ~ COMPANIES. GENERAL POWERS OF BoA RD OF DIREC-|, TORS— May appoint ageneral manager and other officers, 8. 20. May pass by-laws and make regula- tions, s. 21. May manage property of company and also funds, 8. 22. May minke arrangement about risks, 8. 23. May cancel policies, s. 24. May permit withdrawal, s. 25. Investment of funds, s. 26. Debentures and promissory notes, &c., s. 27. Assets of company to be liable for same,s. 28. Time fur which policy may issue, s. No policy to issue until application is made for at least $30,000, s. 29. Renewing policies, s. 30. Void conditions, s. 31. Property which may be insured, s. 32. Minimum rates, s. 33. Policies binding except in cases of fraud, 34 Double insurance, s. 35. Notice of insurance in another Co., s. 36. Dissent to additional insurance, s. 36. Policy void on alienation of property 8. 37. But assignee may have policy assign- ed, 8. 37. Assignment to a mortgagee, s. 37. PREMIUM NOTES AND ASSESSMEN1S— ears altered or risk increased, s. Company may accept premium notes, s. 39. Part payment at the time of insur- ance, 8. 40. Assignment of premium notes, s. 41. Notice to be given on assessment, 5. 41. ‘ Policy void if not paid in 30 days, s. 42. But may be renewed by subsequent payment, s. 42. He uisites of notice of assessment, s. Assessment, how proportioned, s. 44. May sue for assessment on premium notes, s. 45. Certificate of secretary to be prima facie evidence, § Reserve fund—annual assessment— how applied—how invested, s. 47. When premium note to be returned, s. 48, Policies to be on the mutual principle only, s. 4! PAYMENT oF LOSSES— Notice of loss, s. 50. In case of dispute as to value, to be arbitrated, s. 51. Limitation cf actions or suits against company, s. 52. Issue of execution, s. 53. Justice of the peace, &c., to administer Oath, &e., s. 54. In case of loss company may retain amount of note, s. 55 Establishment of branches, s, 56. Scale of risks to be in such case made, s. 57. , Liability of members, s. 58. Expenses to be divided, s. 59. MISCELLANEOUS PROVISIONS— Liability of members, s. 60. Treasurer to give security, s. 61. Head office changed only by 3 vote, s. 62. Sut in what court may be brought, s. 63. iene that may be held by company, 8. 64. No guarantee capital, s. 65. Company shall not borrow from di- rectors, S. 63. Cash premium principle, 5. 66. How effected, s. 67. Chap. 9. Annual statements, s. 68. : Section 68 to apply to all fire insur- ance companies, 8. 69. : Lieut.-Governor may appoint exam- iners, 8. 70. Companies may be wound up, s. 70. Powers and rights of receiver, 8. a. Powers of court or judge, s. 72. DIVISION 2,—INCORPORATION OF CHAR- ITABLE, BENEVOLENT AND SAVING ASSOCIATIONS. Persons may become incorporated, ». 73. For what purposes, s. 73. What the declaration shall state, s. 74. When they shall become a body cor- porate, 8. 75. Annual value of real property, S. 75. How the affairs managed, 8. 76. Election of officers, s. 77 Failure to elect, s. 78. Shares transferable, 8. 80. Shares may be forfeited, s. 81. _ Nor personal liability except, &e.,8.82. Dissolution of corporation, s. 83. Hepes to be furnished as required, s. DIVISION 3.—INCORPORATION OF Com- PANIES FOR THE ESTABLISHMENT oF CEMHTERIES AND MATTERS CON- NECTED THEREWITH. Any persons not less than 20 may be- come incorporated for establishing cemeteries, 8. 85. Conditions to incorporation, s. 86. Form of instrument, s. 87. Cemetery to be enclosed, s. 88. To be kept in repair, s. 89 Drains and sewers, 8. 90. Proviso, as to offensive matter, 5. 9b Penalty therefor, how recovered, s. 91. Further penalty, 8. 92, 93. Vault, s. 94. Proper conduct of funerals, s. 95. Graves for poor, 8. 96 Burial sites exempt from taxes, Ss. 97. Registration not required, s. 98. Deeds, form of, s. 99. . Lots, s. 100. Proceeds of sales, s. 101. Sherelfolders, s. 102. Directors, s. 103. Size of lots, s. 104. Board of directors, s. 105. Directors, how elected, s. 106. Voters, s. 107. President, s. 108. By-laws, by whom and for what pur- pose, s. 109. Records to be kept, s. 110. Instalment—calls, s 111. Willful interference with cemetery, s. Trespass, &c., s. 113. Provisions not to affect rights hereto- fore enjoyed, s. 114. Board of trustees, burying grounds, Organization of trustee board, s. 115. Quantity of land not to exceed ten acres, s. 116. INTERMENTS AND DISINTERMENTS— BURIALs— Burials in churches, s. 117. Disenfectants, s. 118, 119. Metalic coffins requisite, s. 120. Separate graves,s. 121. : Burial in churches prohibited, s. 122, Powers of certain authorities, s 123. Clothes to be destroyed, s. 124. Kind of disenfectants, s. 125. How disenfectauts to be used, s. 126. Penalties for infractions, s. 127. Eatislon next 9 preceding ecstions, s. 128. Physicians may be appointed as in- spectors, 8. 129. ae of appointment of inspectors, s. 180. In such case burial not take place within 24 hours, s. 131. Officiating clergyman, 8. 182. 167 168 9 Chap. 9. Time for interment of person, in such case, 8. 132. Exception to this in certain cases, s. . DISINTERMENTS— How disinterments permitted. s. 135. Order from court of Queen’s Bench, s. 136. Body not to be removed within three years, s. 189: Hemovel of old burying grounds. s. Affidavit required, s. 139. Before whom it may be sworn, s. 140. Before disinterment permtssion to be obtained. s. 141. Dryision 4.—EPIDEMIC AND DANGER- oUs DISEASES, &c— ape nee provisions to be enforced, s. 14% Five persons to compose central board of health, s. 143. How appointed and revoked, s. 143.. ‘When the mayor shall call a special meeting, Ss. 144. Hine eh purpose and to do what, s. Within what time such meeting to be ealled by mayor, s. 1H. Pena.ty for neglect, s. 144. Local board of health, how to be de- termined, s. 145. Board to issue regulatioons to prevent spread of epidemic, s. 146. Alto to provide for cleaning streets, Ss. 47. And the interment of the dead, s. 147. Central board to see regulations exe- cuted, and aid helpless, s. 148. Central board to authorize local boards to compel, &c., 8.149. Also to remove persons with infec- tious diseases, s. 149. Power to enter houses, s. 149, 151. Occcupants refusing to obey, con- stables to be called in, s, 151. Ee pennes of board, how defrayed, s. Regulations of central board must be ee by Liewtenant-Governor, 8. 153. ne r Regulations must be published in Manitoba Gazette, s. 153. Such regulations shall suspend by- laws, &c., s. 154. And supersede boards of health ap- pointed by municipalities, s. 155. Penalty for persons violating or ob- structing regulations, s. 156. Penalties to be paid to Provincial Treasurer, 8. 156. No order or proceeding quashed for want of form, s. 157. Interpretation, s. 158. Order in council of 2nd December to have force and effect of law,s. 159. IVISION 5—PHARMACUETICAL ASSOCI- ATION— . What persons shall form the Associa- tion, 160. F Name and style of the Association, s. “Certified clerks”—when and in what cases, s. 163. f When and on what conditions ap- “prentices may become “certified clerks,’’ s. 164. Before any one is taken as appren- tice must be examined, s, 165. Subjects of examination of appren- tices, 8. 165. Subjects of examination of ‘‘chem- ists,’’ s. 166. Examinations to be governed by re- gulations, s. 67. Duty of board of examiners in certain cases, 8. 168. Who may be admitted members of the society, s. 169. General meetings, s.170. Composition of cuuncil, s. 171. COMPANIES. How members of council elected and may resign, s. 172.. Annual general meeting, when to be held, s. 173, First election of members, 8. 174. President, vice-president and secre- tary, s. 175. Duties of treasurer, s. 176. Names to be entered in register, s. 177. Council may prescribe subjects for ex- amination, s. 178. Council to have control of property, s. Counetl may make rules, by-laws, &c., 8. 180. wae may compound prescriptions, s. Certificate of registration, s. 182. rou for deception in selling drugs, s. 183, ‘ Compounds to be prepared under au- thority, s. 184. Who may assume title “chemist aad drguggist,” s. 185. Articles in schedule'A, poisons, s. 186. oust articles may be added, how,s. Poison how to be sold, s. 187, Penales for violation of provisions, Ss. : In any prosecution, what defendant is to prove, s. 189 Unauthorized pane to lose price of goods, s. 190. Py Nothing in Act to interfere with phy- sicians and surgeons, S . Names in certain cases may be eras- ed from register, s. 192. Forms A, B,C, D. 8. 193 DIVISION 6—MEDICAL PROFESSION— Who coustitute medical profession, 8. Name and style of corporation,» 195. Privileges of corporation, s. 195. Board, s. 196. Of whom composed, s. 197. Election of members of, s. 108. _ When election to take place, s. 199. Meetings of board, when, Ss. 200. Who are practitioners, s. 201. Voters—organization, s. 202. Salaries, s. 203. Professional tariff, s. 204. Regulations, s. 205. Election of examiners. 8. 205. Examiners, by-laws, &c., 5. 206. Committee of examiners, how com- posed, s. 207. Register book, s. 208. Duty of registrar, s. 209. Possessors of diplomas, s. 219. Privilege of persons lhaving, s. 210. Or already registered, s. 21. What required where party does not produce diploma or is not alreatly registered, s. 21]. Registrar’s fees, s. 212. Conte mences of omission to register 8. 213, Say on Registrar in certain cases, 8. 214, Registration ot higher degree, s. 215. Registrar to be satisfied of qualifica-., tion, s. 216. Bente flowing from registration, ». Appointment of examiners,,s. 218. Curriculum of studies for students, s. No recovery for charges without re- gistration, s. 220. Unlawful se eee without registra- tion, s. 221. Imposters—penalties, s. 221. Use of names, &¢., s. 221. Burden of proof, s. 221. Prosecution, s. 221. Appeal—security, s, 221. Penalties payable to whom, s. 222. Effect of copy of the register. s. 223. Tenet eon of words and phrases, s. 24, COMPANIES. Sections in Division 6 of this chapter may be cited as the ‘‘ Manitoba Med- ical Act,’’ 8. 225. DIVISION 7,—INCORPORATION OF JOINT STocK CoMPANIES BY LETTERS Pa- TENT, AND THEIR POWERS. Charter granted by Lt.-Governor in Council, s. 226. Notice to be given in Manitoba Gaz- ette, 8. 227. Petition tor issue of letters patent, s. Applicants to prove notice and fur- nish name, s Evidence thereof may be taken and kept, s. 229. Letters Paton to recite all material averments, s. Notice of grant to be published in Manitoba Gazette, Ss. 231. Lt.-Governor may change name, not affecting rights, s. 282. Company mas acquire and hold real property, s. 233. Directors may make by-laws to sub- divide shares, 8. 234. May RISO. by by-law increase capital stock, s. _Such by-law to declare number and value of shares, s. 235. ae also by by-law decrease capital, Sharahalders to sanction increase or decrease, 8s. Liability of eharaholdara to creditors not to be affected by increase or de- crease of capital, s. 239, Petition my be pr esented for supple- mentary, §. Lt.-Governor, on proof, may grant same, 8. 241. Notes ‘to be given in Manitoba Gazette, S. 24]. oy powers subject to provisions of Ch, S. Affairs of Company—how managed, s. we may be directors of Company, s. Directors to be shareholders, s. 245. Directors, how elected, s. 246. Mode of election, 8. 247" Failure to elect directors—how re- medied, s. 248. Powers and duties of directors, s. 249. Power to issue bonds, &c¢., 8. 250. Evidence of by-laws, s. 251. Stock, personal property, s. 252. Allotment of stock, s. 253. Calling in instalments, s. 254. 10 per cent. within first year, s. 255. Enforcement of calls, s. 356. Forfeiture of shares, s. 257. Restrictions as to transactions, s, 258. Shareholders in arrear not to vote, s Books to'be kKept—what to contain, s Refusal to enter transfer in calls not paid, s. 261. Transfer valid only after entry, s. 262. Boks to be open for inspection, s Books to be prima facie evidence, s. 264. Penalty for false entry, s. Penalty for refusal ito allow inspec- tion of books, s. List of sharehulders on statement of affairs, s. 267. To be made yearly with other partic- ulars, 8. 267. Couipaay not to be liable in respect oftrusts, s. Contracts—when binding on Com- pany, § Company not to purchase stocks in other corporations, s. 270. Liability of shareholders, s. 271. Liability limited to amount unpaid on shares, s. 272. Chap. 9. Trustees not liable for unpaid stock, 8. 2738. Trustees may vote, 8. 274. Directors declaring dividend—Com- pany insolvent. Liability of Girectors for wages, 8. 276. Actions between Company and share- holder, s. 277. Forfeiture of charter for non user, 8. 278. Company subject to future legisla- tion, 8. 279. Fees on letters patent—fixed by order in council, s Companies existing or being formed may apply, 8. 281. Cases where notice has been given of intended application to the Legis- lature for charter, S. 282. Proofs may be by affidavit, 8. 283. Schedules A and B., 8. 284. DIVISIon 8. —LEGAL PROFESSION, IN- CORPORATION. Corporation, s. 285. Persons excepted, s. 286. we may be admitted to practise, s Proviso, s. 286. Proviso as to poe of benchers in special cases, 8. 286. BENCHERS— Benchers of society, 5 287. Benchers ex officio, $. 288. Present to continue till successors ap- pointed, s. 289. When election shall take place, s. 290. Scrutineers and duties, s aTeeE benchers and who may vote, votes, how given, s. 292. Secretary to open voters’ papers, s Nine who have the highest votes, s Persons entitled to be present at open- ing of papers, 8. 295. In case of equality of votes, how deci- ded, s. 296. ae ane to vote unless bar fees paid, s ey to make list of voters, s. In case name omitted, s. 299, Secretary to add to list persons called preceding term, 8.4300. No person whose name not in list to vote, s. 301. No person eligible to be elected bench- er who is not voter, s. 302. on an election retiring benchers eligi- 2,8. Vorren cast for ineligible person to be null,s First nine names on list to be taken, 8. Result of election declared and pub- lished, s. 306. Benehers may make regulations, s. Voting papers not be distroyed, s. 308. No person to sign name of another to voting paper, 8. 309. When ‘there is no secretary to ap- point one, s. 310. Term of office of benchers, s. 311. Seat—how vacated, s. 312. Benchers may appoint committee of inquiry, s. 313. Petition to ‘he filed 10 days before first day of term, s. 314. mate appointed for hearing petition, s. Power of benchers, s. 316. Benchers to fill up vacancies, s. 317. Statement of, revenue and expendi- ture to be furnished, s. 318. President—his duty, s. 319. Term of office of Officers, s. 320. Corporation may hold lands, &c,s Visitors—who are, 8. 322. 169 170 Chap. 9 - “By-laws—benchers may pass, s. 323. Pa may appoint reporters, &c., Rules and regulations, s. 325. Salaries, s. 226. Fees, s ATTORNEYS— Unless admitted no one to act as at- torney, s. 328. a may be admitted as attorneys, S Conditions, 8. 330. Affidavits, ’s. 381. Exercise discretion, s. 332. Oath, s. GENERAL PROVISIONS— General rules, &c., s. 334. Preliminary examinations, 8. 335. Fees, s. Applicant to give month’s notice— contract of service to be filed, s. 337. In case not filed, s. 338. Clerk may be pound by another con- tract, Ss. 339. Two rolls to be kept, 8. 340, 341. ttorneys to be struck off roll, s, 342. orfeiture for practising without pay-' ment of fees, Ss. 343. Gear of Q. B. may hear complaint, 8. Act may be cited, how, s. 345. DIVISION 9.—BUILDING SOCIETIES— FoRMATION OF SOCIETIES. Declaration to be made, &c., s. 346. Society may receive advance, s. 347. Appointment of directors and a ma- jority must concur, s. 348. eee particulars to be declared, s. Rules to be entered in a book, 8. 350. Entry notice to make binding, s. 851. How only rules repealed, s. 352. I ‘Tage of meeting to be specified, s Appointment of officers, &c., 8. 354. Officers—security for discharge of du- ties, 8. 355. ey, qo realestate by mortgage, &c, 8. 351 Investment of surplus funds, s. 356. May make loans on certain condi- tions, 8. 357. a eld and realize on securities, s Nature of securities upon which ad- vances may be made. Who may ‘be members, 8. 359. What sufficient to allege in actions or suit to sell property—what evidence willsuffice, s. 360. Forfeiture of shares, Ss. 361. Death or insolvency of officers of so- ciety, Ss. 362. All property vested in society in its corporate name, s. No member ot the society personally responsible beyond unpaid shares, 8. 364. Aeanusl statement of affairs, s. 365. COMPANIES. 7 Permanent cee societies, s. 366. How established, Such societies may Sead rules, »-. To what extent may borrow money, s. 369. Holders of shares fully paid up, 8. 370. ‘May loan money on unadvanced shares, s. 871. May hold certain real estate, s. 372. - Not bound to see to the executing of trusts, 8. 373. Pee eraon of certain words, 8. To whom provisions apply, 8. 375. How division 9 may be cited, s. 376, DIVISION 10.—AGRICULTURAL AND ARBORICULTURAL SoCIETIES—OR- GANIZATION,. Formation and institution of Provin- cial agricultural and industrial so- ciety, 8. Objects of society, s. 378. Annual meeting, s. 379. Name of corporation, s. 380. Affairs, how to be managed, s. 381. Term a office of council aad ‘officers, §. 382. Board to determine when exhibition to be held, s. 383. No county exhibition in same county ovina exhibition to be held, s. On certificate of three members of council Lt. -Governor shall cause to be paid, s. By-laws to have the effect of law— copy to be furnished minister of agriculture, s. 386. ELECTORAL DIVISION SOCIETIES— Society may be organized in each di- vision, 8s. 387. Declaration to be transmitted to Min- ister of Agriculture, s. 387. Object of society, s. 388. First meee to be cailed by mem- bers, 8. 389. Meetings to be held third Monday in January, 8 Meeting to be called by Written notice —five directors a quorum, §. 3! Duties of officers an directors, 8. 302. Detailed statement of receipts and expenditures, s. Report, if approved, “certified copy to be ae to Minister of Agriculture, s. Officers to give information to Minis- ter of Agriculture, 8. 395. Exhibition to be held when and where majority decide, s Lt.-Governor to grant twice amount of subscriptions, s. 397. Name of society, s. 398. Two or more societies may unite funds, s. 399. Societies formed continue in exis- tence, s. 400. How cited—schedules, s.401. Division 1. MUTUAL FIRE INSURANCE COMPANIES ORGANIZATION, Whereas it is desirable to provide for the incorporation of mutual insurance companies in the Province of Manitoba; therefore, Her Magssty, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as fol- lows : . MUTUAL FIRE INSURANCE COMPANIES. Chap. 9. 171 I. Whenever thirty freeholers shall have subscribed their Meetings to names to a declaration that they have thereby bound them- selves to form a Mutual Fire Insurance Company, and to effect insurance in said company to the amount in the aggregate of not less than fifty thousand dollars, which declaration shall state the name of the company and the place where its busi- ness will be conducted, and shall have filed in duplicate, one copy with the Provincial Secretary and the other with the registrar of the county in which the chief place of business of the company is situate, the Lieutenant-Governor in Council ot Comey may, upon application of the president and secretary of such after publica- company, to be chosen at their first meeting, to be held after tion. ten days notice given in a newspaper published in Winnipeg, by any three of the subscribers, grant a warrant authorizing them to constitute themselves and such others as may there- after join with them, a company under the provisions herein contained, which warrant shali state the name or designation of the said company and the chief place of business thereof. 39 V.c. 8,58. 1. i IT. As soon as convenient after the warrant of incorporation ae OG ns is obtained, the said president and secretary shall call a first general meeting of the said company at the place so designated as the chief place of its business, and of which at least ten days notice shall be given in a newspaper published in Winnipeg, and by a notice by mail, addressed to each subscriber at his or her post office. 39 V.c¢. 8,5. 2. III. At such meeting the name of the company shall hepa, ofiea, formally adopted, as also the place of the head office of the ®* said company, and thereupon copies of the resolutions adopt- ing such name and chief place of business shall be filed with the registrar of the county within which such place of business is situate. 39 V.c. 8,5. 3. IV. At such meeting a board of directors shall be elected— Election of di- chosen from among the subscribers—such board to consist of not less than five nor more than fifteen, and no subscriber shall be elected as a director unless he is a subscriber for insurance to at least two thousand dollars. 39 V.c. 8, s. 4. V. The company may admit, a8’ a member thereof, the Power to ad- owner of any property, moveable or immoveable, and may in- and insure. sure the same whether the owner thereof be or be not a free- holder ; and every person admitted a member of said com- pany by such insurance shall be entitled to the like rights, and be subjected to the like liabilities as other members of said company. 39 V.c8,s. 5. GENERAL MEETINGS. ‘ * : : Annual meet- VI. A meeting of the members for the election of directors ing for elee~ shall be held in every year, within two months after the {00 of direc 172 Annual re- port and sta- - tement. Notice of ans nual or speci- al meetings, Members to have vee 7 oportionate to the amount of insurance. Election of directors. Mode of election. Case of a tie at, an election. . Chap. 9, | ELECTION OF BOARD OF DIRECTORS. thirty-first day of December in each year, at such time and place as may be prescribed by the by-laws or resolutions of the company. 39 V.c. 8,s. 6. : VII. At annual meetings, in addition to the election of di- rectors, a report of the transactions of the company for the year which shall have ended on the previous thirty-first day of December, shall be presented and read, together with a full and unreserved statement of its affairs, exhibiting receipts and expenditures, assets and liabilities. 39 V.c. 8,s. 7. VIII. Notice of any annual or special meetings of the mem- bers of said company shall be published in one or more news- papers for at least two weeks previous to the day of such meeting; andthe board of directors may convene at any time a general meetirig of the company upon any urgent oc- casion, giving notice thereof as herein provided. 39 V.c. 8, s. 8. IX. Each member of the company shall be entitled, at all meetings of the company, to the number cf votes proportion- ed to the amount by him insured, according to the following rates, that is to say: for any sum under fitteen hundred dol- lars, one vote; trom fifteen hundred to three thousand dollars, two votes; from three thousand dollars to six thousand dol- lars, three votes; and one vote for every additional three thousand dollars; but no member shall be entitled to vote while in arrear for any assessment or premium due by him to the company. 39 V.c.8,s. 9. ELECTION OF BOARD OF DIRECTORS. X. The election of directors shall be held and made by such members of the company as shall attend for that purpose in their own prorer persons. 39 V.c. 8,s. 10. XI. The election. of directors shall be by ballot. 39 V. c. 8, s. 11. . XII. If at any such election two or more members have an equal number of votes, in such manner that a less number of persons than the whole number to be elected appear to have been chosen directors by a majority of votes, then the said members of the company shall proceed to elect by ballot, until it is determined which of the persons so having an equal num- ber of votes, shall be the director or directors, so as to com- plete the whole number of directors to be elected ; and the di- rectors shall at their first meeting after any such election pro- ceed to elect by ballot among themselves, a president and vice- president, and at such election the secretary shall preside. 39 V6.8, 8. 12, ' BOARD OF DIRECTORS. Chap. 8. 173 XIIL The directors shall be members of the company and Q7aresaten insurers therein, for the time they hold office, to the amount ef eight hundied dollars at least. 39 V. c. 8, s. 13. XIV. The board of directors may appoint a manager, and bea director. the manager of any mutual insurance company may be a di- Eis any rector of such company, and may be paid an annual salary, but only under a by-law of the said company. 39 V.c. 8, s. 14. é é . tai. re, XV. No agent or paid officer, or person in the employ- ube ment of any such company, other than the manager, shall be ble to beclect- eligible to be elected a director, or shall be allowed to _inter- fere in the election of directors for such company. 39 V. c. 8, 8. 15. XVL Three directors shall constitute a quorum for the porn os transaction of business ; and in case of an equality of votes at any meeting of the board, the question shall pass in the nega- tive ; but in all cases the president shall have a vote. 39 V.c. 8, s. 16. XVII. Any director disagreeing with the majority of the ggrecing may board at any meeting, may have his dissent recorded, with his 32co"4 their reasons therefor. 39 V. c¢.8, s. 17. XVIIL If any vacancy happen among the directors during Vacancies— the term for iieh they ctey Have been. elected, by death, re- Pune signation, ceasing to have the necessary qualification under the provisions aforesaid, insolvency, or by being absent without previous leave of the board, from the board for three regular meetings in succession, which shall ipso facto ‘create such vacancy, by any person duly qualified to be nominated by a majority of the remaining directors, and as soon as may be after the vacancy occurs. 39 V. ¢, 8, 5.18. ; ‘ Provisions in XIX. In case an election of directors be not made on the Tfovisions in day on which it ought to have been made, the company shall of election of not for this cause be dissolved, but the election may be held proper day. on any subsequent day, at a meeting to be called by the direc- tors for that purpose, or as is otherwise provided by the by- laws of the company, and in such case the directors shall con- ae to hold office till their suecessors are elected. 89 V.c. 8, 8. 19, GENERAL POWERS OF THE BOARD OF DIRECTORS. XX. The board may from time to time appoint a manager, Appoint ment secretary, treasurer, and such other oflicers, agents or assistants and othpr as to them may seem necessary ; prescribe their duties, fix°™°™ their compensations or allowances ; take such security from them as may be required for the faithful performance of their respective duties, and to remove them and appoint others in- stead ; the board may also adopt a tariff of rates for insurance, ‘174 Chap. 9. BOARD OF DIRECTORS. Tariff of fees. and vary the same from time to time, and determine the sum to be insured on any property ; they may hold their meetings monthly, or oftener if necessary, for transacting the business of the company ; and they shall keep a record of their proceed- ings. 39 V.c. 8.5, 20. peardmay, XXI. The board of directors may, from time to time, make and prescribe such regulations or by-laws as to them may ap- pear needful and proper, respecting the funds and property of. the company, the duties of the officers, agents and assistants thereof, the effectual carrying out of the objects contemplated: by the company, the holding of the annual meeting, and such other matters as appertain to the business of the company, and are not contrary to law, and may, from time to time, alter and amend the said regulations or by-laws, except in cases with regard to which. such regulations or by-laws may not be re- Whenby-laws pealed, or where such repeal would affect the rights of others role? than the members of the company ; in any of which cases such regulations or by-laws shall not be repealed ; every regulation and by-law of the board shall be duly entered on the minutes, and when confirmed at any subsequent meeting of. the mem- we shall be held to be in, and to have force and effect. 39 .¢ 8,8. 21. agardtoman- XXII. The board of directors shall superintend and have cfcompany. the management of the funds and property of the company, and of ali matters relating thereto, not otherwise provided for. 39 V.c. 8, s. 22. Risks that XXIII. The board of directors may make arrangements with may be insur- 2 : i : edagainst. any mutual or other insurance company for the re-insurance of risks on such conditions with respect to the payment of pre- miums thereon as may be agreed between them. 39 V. c. 8,s. 23. Cancellation XXIV. The company shall be at liberty to cancel any policy ofplaces. —_ by giving tu the insured notice to the effect that they have cancelled or-will cancel the same, by registered letter, signed by the secretary of the company, addressed and sent by mail, postage paid, to the post office address of the insured, as given by him or her in the application for insurance or subsequent writing to the company, or by giving to the insured, person- ally, notice in writing, signed by the secretary, or an officer or agent of the company, to such effect ; the party insured shall nevertheless be liable to pay his proportion of the losses and expenses of the company to the time of cancelling the policy, and on payment of his proportion of all assessments then pay- able and to become payable in respect of loses and expenses sustained up to such period, shall be entitled to a return of his premium note or undertaking, and such portion of the premium paid by him as shall not have been absorbed by the losses and expenses of the company up to such period, and a condition to this effect shall be endorsed on the policy. 89 V.c. 8,5. 24. POLICIES OF INSURANCE. Chap. 9. 175 XXV. Any member of such company may with the consent Mempers of the directors withdraw therefrom upon such’ terms as the directors may require. 39 V.c. 8,8, 25. XXVI. The board of directors of any such company may in- Investment of vest the capital and funds of the company in the shares of any of the compa- chartered bank, in mortgages on freehold_real estate, municipal "” debentures, and the public securities of the Dominion or of this Province or otherwise ; and may, in the name of the com- pany, recover such assessment or any premium or assessment Recovery of upon his premium note payable by him from any member o the company. 39 V.c. 8, s. 26. XXVII. The board of directors of any such company may Directorsmay issue debentures, promissory notes or bills of exchange im tures and pro- favour of any person, firm, building society, banking or other ener company, for the loan of money, and may borrow money there- from on such debentures, promissory notes or bills of exchange for any term not exceeding twelve months or for any longer period and on such conditions as they think proper, and may renew the same from time to time upon such terms as shall seem expedient ; the whole of the assets, including premium notes of the company, being held liable to pay the same at Assets ofthe maturity ; but no such debenture, promissory note or bill of be liable for exchange shall be fora less sum than one hundred dollars ;“"* and provided always, all the debentures, promissory notes and bills of exchange at any one time outstanding shall not exceed one-half of the amount remaining unpaid upon the premium notes of the company. 39 V.c. 8, s. 27. POLICIES OF INSURANCE. XXVIII. The company may issue policies of insurance for Ferm of poli- any term not exceeding five years. 39 V.c. 8,8. 28. oe XXIX. No policy of insurance shall be issued by any such when policies company until application shall have been made for insurance, ™?7**"* — - to the extent of fifty thousand dollars at least, and approved of by the board. 39 V.c. 8, s. 29. XXX. Any policy that may be issued for one year, or any Renewing shorter period, may be renewed at the discretion of the board ?°'"* of directors by renewal-receipts instead of policies on the in- sured paying the required premiums or giving his premium note or undertaking : and any cash payments for renewal must be made at the end of the year, or other period for which such policy was granted, otherwise such policy will become null and void. 39 Ve. 8,8. 30. XXXI. Every condition endorsed upon, or affecting any voia condi- policy of insurance, which shall be held by the court or judge tions. before whom any question relating thereto shall be tried, not to be just and reasonable, shall be absolutely null: and void. 39 V.c 8s. 31. 176 Chap. 8. POLICIES OF INSURANCE. Shee oay be . XXXII. The company may insure dwelling houses, stores, insured, shops, and other buildings, household furniture, merchandize, machinery, live stock, farm produce, and other commodities against damage or loss by fire or lightning, whether the same happens by accident or any other means, except that of design on the part of the insured, or by the invasion of an enemy, or by insurrection. 39 V.c. 8, s. 32. Sema ee XXXIII. The minimum rate to be charged or taken by any company for insuring first class isolated non-hazardous proper- ty, shall not be less than thirty-three and one-third cents per centum per annum ; and the minimum rate of insurance upon other property shall be increased relatively with the increased risk according to the nature of such property. 389 V.c. 8,s. 33. teacen XXXIV. All policies of insurance issued by the board of company. directors, sealed with the seal of the company, signed by the president or vice-president, and counter signed by the secre- tary or acting secretary, shall be binding on the company ; Proviso in, provided that any misrepresentation contained in the applica- &e, ‘tion therefor, or any false statement respecting the title or ownership of the applicant or his circumstances, or the con- cealment of any incumbrance on the insured property or on the land on which it may be situate, or the failure to notify the company of any change in the title or ownership of the insured property, and to obtain the written consent of the company thereto, shall render the policy void, and no claim for loss shall be recoverable thereunder, unless the board of directors in their discretion shall see fit to waive the defect. 39 V.c. 8,5. 34. Poubleinsw- XXXV. If any insurance subsists by the act or with the , knowledge of the insured in the company, and in any other office at the same time, the insurance in the company shall be void, unless the double insurance subsists with the consent of the directors, signified by endorsement on the policy signed by the secretary or other officer authorized to do so, or otherwise acknowledged in writing. 39. V.c. 8, s. 35. Notification XXXVI. Whenever notification in writing shall have been of insurance . a : . inanother received by a company from an applicant for insurance, or company. —_ from a person already insured, of his intenticn to insure or of his having insured an additional sum on the same property in some other company, the said additional insurance shall be deemed to be assented to, unless the company so notified, shall Dissent of the Within two weeks after the receipt of such notice, signify to company to the party, in writing, their dissent; and in case of dissent, the surance. _— liability of the insured on the premium note or undertaking shall cease from the date of such dissent, on account of any loss that may occur to such company thereafter, and the policy of the assured shall be void at the option of the directors of the company. 39 V.c. 8, s. 36. PREMIUM NOTES AND ASSESSEMENTS Chap. 9. XXXVII. In case any property, real or personal, be alien- ¢ ated by sale, insolvency or otherwise, the policy shall be void a and shall be rendered to the directors of the company to be” cancelled ; and thereupon the assured shall be entitled to re- ceive his deposit note or notes, upon payment of his propor- tion of all losses and expenses which had accrued prior to such surrender ; but the assignee may have the policy transferred to h him, and upon application to the directors such assignee on giving proper security to their satisfaction for such portion of the deposit or premium note or undertaking as remains un- paid, and with their consent within thirty days next after such alienation, may have the policy ratified and confirmed to him ; and by such ratification and confirmation, said assignee shall be entitled to all the rights and privileges, and be subject to all the liabilities and conditions to which the original party 177 Policy to be oid on alien- tion of pro- erty insured. Assignee may ave the poli- ey assigned. insured was entitled and subject : provided however, that im agcienment case where the assignee is a mortgagee, the directors may. per- to 2 mortga- ait the policy to remain in force, and to be transferred to him by way of additional security, without requiring any premium note or undertaking from such assignee, or his becoming in any manner personally liable for premiums or otherwise ; but in such cases, the premium note or undertaking and liability of the mortgagor in respect thereof shall continue, and in no wise affected. 39 V.¢. 8, s. 37. AXXVIII. If any alteration be made in any house or build- where the ing insured by the proprietor thereof, or if the risk on any remises are ltered or risk house or building or other property insured be increased by mereased. any means whatever after the insurarice has been made there- on, with the company, whereby it is exposed to greater risk or hazard from fire, than it was when insurance was effected, the insurance thereon shall be void, unless previous notice thereof be given in writing and the requisite additional premium note or deposit after such alteration be given or paid to the direc- tors ; but no alterations or repairs in buildings not increasing such risk or hazard shall affect the insurance previously made thereon. 39 V.c. 8,5. 38. PREMIUM NOTES AND ASSESSMENTS. XXXIX. The company may accept premium notes, or thec ompany undertaking of the insured, for insurances, and may issue MSY accept ctw . . Pp policies thereon, said notes or undertakings to be assessed for ® the losses and expenses of the company in manner hereinafter provided. 39 V.c.8, 8.389. x XL. The directors may demand a part of first payment of Be remium otes. art payment e de- the premium note or undertaking at the time that application Tandad ab for insurance is made ; and such first payment may be in cash {bs time of or by promissory note, and may be credited upon said premium t! ae or undertaking or against future assessments. 39 V. c. 8, s. 40. : 12 the applica- ™ on tor insur- ance. 178 Chap. 9. PREMIUM NOTES AND ASSESSMENTS. assignment = =XLI. All premium notes and undertakings belonging to the notes. company shall be. assessed under the direction of the board of directors at such intervals from their respective dates, tor such sums as the directors shall determine, and for such fur- ther sums as they may think necessary to meet the losses and other expenditure of said company during the currency of the policies for which said notes or undertakings were given, and in respect to which they are liable for assessment ; and every member of the company or person who has given a premium note or undertaking, shall pay the sums from time to time payable by him to the company during the continuance ot his ‘policy, in accordance with such assessment; and any such as- tobe ornctice sessment shall become payable in thirty days after notice of she aseeus? such assessment shall be mailed to such member, or person , who hag given the premium note or undertaking, directed to his post office address, as given in his original application, or in writing to the secretary of the company. 39 V.c. 8,5. 41. voiditnote, XLII. If the assessment on the premium note or undertak- inthiriydees ing upon any policy be not paid within thirty days after the day on which the said assessment shall have become due, the policy of insurance, for which such assessment shall have been made, shall be null and void as respects all claim for losses oc- hevette curing during the time of such nonpayment : provided, always, subsequent that the said policy shall be renewed when such assessment shall "have been paid, unless the secretary give notice to the con- trary to the assessed party in the manner herein provided ; but nothing shall relieve the assured party from his liability to pay such assessment or any subsequent assessments, nor shall ''. such assured party be entitled to recover the amount of any Joss or damage which may happen to property insured under such policy while such assessment shall remain due and un- paid, unless the board of directors in their discretion -shall de- cide otherwise. 39 V.c. 8,8. 2. mcueot | UIT a notice of assessment upon any premium note or assessment. yndertakingfpiled as aforesaid shall be deemed sufficient if it embody th®’humber of the policy, the period over which the assessment extends, the amount of the assessment, the time when and the place where payable. 39 V.c. 8,8. 43. fownropor LIV. The assessment upon premium notes or undertak- tionated. ings shall. always be in proportion to the amount of said notes or undggtakjnes, having regard to the branch or department to which t%eir policies respectively appertain. 39 V.c. 8,5. 44, Mmaysuefor XLV. If any’member or other person, who has given a pre- ea an ign mium note or undertaking, shall, for thirty days after notice notes. of assessment shall have been mailed to him in manner afore- . said, neglect or refuse to pay said assessment, the company may sue for and recover the same with costs of suit, and such proceeding shall not be a waiver of any forfeiture incurred by such nonpayment. 39 V.c. 8, s, 45. ue PAYMENT OF LOSSES. Chap. 9. 179 XLVI. Whenever any assessment is made on any premium Cerfionte of note or undertaking given to the company for any risk taken be prima facie by the company, or a consideration for any policy of insurance issued, or to be issued by the company, and an action is brought to recover such assessment, the certiticate of the secre- tary of the company, specifying such assessment, and the amount due, to the company on such note or undertaking by means thereof, shall be taken and received as pruma facie evidence thereof in any court in this Province. 39 V.c. 8, s. 46. XLVII. The company may form a reserve fund to consist of Reserve fn all monies which shall remain on hand at the end ofeach year, after payment of the ordinary expenses and losses of the com- pany ; and for that purpose the board of directors may levy an Annual as: annual assessment, not exceeding ten per centum on the pre- “Sn mium notes or undertakings held by said company ; and such How applied. reserve fund may, from time to time, be applied by the direc- tors to pay off such liabilities of the company as may not be provided for out of the ordinary receipts for the same or any succeeding year: provided that such reserve fund shall be in- How invested vested either in debentures or other sureties of the Dominion of Canada or of this Province or in municipal debentures, in mortgages or other securities, or may remain in a chartered bank on deposit at interest. 39 V.c 8, s. 47. é XLVIIL. Forty days after the expiration of the term of in- When prem surance, the premium note or undertaking given for such in- be returned. surance, shall, on application therefor, be given up to the signer thereof, provided all losses and expenses with which said note or undertaking may be chargeable shall have been paid. 39° V.c. 8,8. 48. XLIX. Any mutual fire insurance company to be incorporat- Policy only ed under the provisions hereof shall not issue policies other- principle. than upon the mutual principle. e PAYMENT OF LOSSES. L. In case any loss or damage by fire happening to any Notice of loss member upon property insured with the company, such mem- ber shall give notice thereof to the secretary of the company forthwith, and the proofs, declardtions, evidences and cxamij- nations, called for by or under the policy, must be furnished to the company within thirty days after said loss, and upon re- ceipt of notice and proofs of claims as aforesaid, the boatd of directors shall ascertain and determine the amount of such loss or damage, and such amount shall be payable in three months og the receipt by the company of such proofs. 39 V.c. 8s. ou. LI. If the party be not satisfied with the determination of In cases of the board of directors, all questions as to the value of property ood damaged or destroyed may, at i E mined by ar- g ry y, at the instance of the company, be bitration *” 180 Chap. 9. BRANCHES. submitted to three disinterested persons as referees, one of whom shall be named by the board and one by the suffering party, and the third, on application by either party on notice to the other party, by any judge of the court of Queen’s Bench, and the decision or award of a majority of them shall be bind- ing. 39 V.c. 8,8. 51. Limitation of LH. No action or suit either at law or in equity shall be suits against, . : ‘ F company. brought against such company upon any policy or contract of insurance granted or entered into by such company, after the lapse of one year next after the happening of the loss or damage in respect of which such action or suit is brought, saving in all Conditions cases the right of parties under legal disability; and all reeset cies. Policies to be issued by such company shall have a condition to this effect endorsed thereon. 39 V. ¢. 8,5, 52. gation” “** LIL. No executions shall issue against the company upon against com-any judgment until after the expiration of three months pany. from the recovery thereof. 39 V.c 8,8. 55. peacstoem LIV. Any justice’ of the peace, or any one having lawful amine wit- authority to administer an oath or affirmation in any legal proceeding, may examine on oath or solemn affirmation any party or person who comes before him to give evidence touch- ing any loss by fire, in which any mutual insurance company is interested, and may administer any oath or affirmation in reference to the matters aforesaid. 39 V.c. 8, 8. 56. Directorsmay JV. If there be any loss on property insured by the com- amountof pany, the board of directors may retain the amount of the pre- premium : . : : . Hote. ‘mium note or undertaking given for insurance thereof, until the time has expired for which insurance has been made, and at the expiration of said time the insured shall have the right to demand and receive such part of the retained sum as having been assessed for, has not been paid. 39 V.c. 8, s. 57. x BRANCHES OF DEPARTMENTS. oe LVI. Any mutual company may separate its business into branches. branches or departments, with reference to the nature or classi- fication of risks or of the localities in which insurances may be effected. 39 V.c. 8, s. 58. ‘Scale of risks VII. The directors of every such company so separating its to be made. ‘ : 3 business shall make a scale of risks and tariff of rates for each branch, and direct that the amounts of each shall be kept separ- ate and distinct, the one from the other. 39 V.c. 8, s. 60. Hiability of = LVIII. Members of any such company insuring in one branch, shall not be liable for claims in any other branch. 89 V.¢,88 61. Expenses to LIX. All necessary expenses incurred in the conducting and management of such companies shall be assessed upon and MISCELLANEOUS PROVISIONS. Chap. 9. 181 divided between the sevéral branches in such pyoportion as the directors may determine. 39 V.c.8,s 61. MISCELLANEOUS PROVISIONS. LX. No member of any such mutual insurance company Mapiiyot shall be liable in respect of any loss or other claim or demand against the company, otherwise than upon and to the extent of the amount unpaid upon his premium note or undertaking. 39 V. c. 8, s. 62. LXI. The treasurer or other officer having charge of the 7easnrente money of the company shall give security to the satisfaction of the board of directors in a sum of not less than two thousand dollars for the faithful discharge of his duties. 39 V.c. 8,s. 63. : LXII. The location of the head office of company shall only fan be cuanie be changed by a two-third vote of the members of the com- {only by # pany at a general meeting or a special meeting called for that vote. purpose. 39 V.c. 8s. 64. . LXIII. Any suit cognizable in the county court upon or for Suits ia any premium note or undertaking or any sum assessed or to be where assessed thereon, may be entered and tried and determined in ”°"""” the court for the judicial division wherein the head office or any agency of such company is situate. 39 V.c. 8,s. 65. LXIV. Every mutual insurance company may hold lands, pn* po"tea but such lands only as are requisite for the accomodation of py ive com- the company, in relation to the transaction of their business, or such lands as have been bona fide mortgaged to them by way of security, or conveyed to them in satisfaction of debts con- tracted in the course of their dealings previously to convey- anee, or purchased at sales upon judgments obtained for such debts, and may, from time to time, sell, mortgage and convey, or lease any such lands. 39 V. c. 8, s. 66. - LXV. Any lien for the premium note or undertaking upon yienson lands on which the insured property is situate, shall cease to lands or pre- exist after note or undertaking has been paid or discharged, abolished. 39 V.c. 8,5. 67. LXVI. No guarantee capital or fund shall be raised by any No euaseanies company except as hereinafter mentioned ; nor shall any com-- pany contract with any direcior or officer thereof for any loan fraser or borrowing of money; and every such attempted loan or to%s ete. for- sea ag is hereby prohibiisd and declared void. 39 V.c. , 8. 68, LXVII. Any mutual fire insurance company incorporated Powers of in- under the provisions hereof may effect any insurance upon the companies to cash premium principle, for a period not exceeding three tasnpremin” years, on farm and other non-hazardous property, and for one ™™ Principle, 182 Chap. 9. MISCELLANEOUS PROVISIONS. year or lessfon any other class of property ; but the amount of cash insurance in any one year shall be limited, so that the cash premiums received thereon during any one year shall not be in excess of one-half of the amount still payable in respect of premium notes or undertakings on hand on the thirty-first day of December of the previous year, according to the state- ment made under the next following section ; and all the pro- perty and assets of the. company, including premium notes and undertakings shall be liable for all losses which may arise fang" under insurances for cash premiums; and any such company may also create and possess a guarantee capital or fund for such company actording to the practice of mutual insurance companies in that behalf, in the Province of Ontario and else- where. 39 V.c. 8,5. 69. Annualstate- TXVIII. It shall be the duty of the president or manager and secretary of each mutual fire insurance company incorpor- ated under the provisions hereof and transacting business as such in this Province, annually on the first day of January, or ‘ within a month thereafter, to prepare and deposit in the office of the Provincial Secretary, a statement verified by their own oath of the condition of such company on the thirty-first day of December then next preceding, exhibiting the following facts and items in the following form, namely : First. The ussets of the company, specifying— (1.) The value of real estate ; (2.) The amount of cash on hand and deposited in banks to the credit of the company, naming the banks and amount in each ; 3.) The amount of cash in company’s office and in agents’ hands respectively ; (4.) The amount of any loans or investments, and the na- ture of the security held therefor, in detail, and what, if any, payment in arrear thereon ; (5.) The amount of assessments on premium notes or under- takings on hand ; (6.) The amount still payable upon premium notes or under- takings on hand ; (7.) Other amounts due the company. Secondly. The liabilities of the company, specifying— (1.) The amount of losses due and yet unpaid ; (2.) The amount of claims for losses resisted ; MISCELLANEOUS PROVISIONS, Chap. 9. 183 (3.) The amount of losses incurred during the year, includ- ing those claimed, but not adjusted ; (4.) The amount payable for money borrowed, and security given, and interest payable ; (5.)'The amount of all other existing claims against the company ; (G.) The amount covered by policies in_ force in respect of each class of\risk ; Thirdly. The income of the company the preceding yeur, specifying— (1.) The amount of cash received on premium notes; (2.) The amount of premium notes or undertakings ; (3.) The amount of interest received ; (4.) The amount of income from all other sources ; Fourthly, The expenditure during the preceding year, spe- cifying— (1.) The amount of losses paid during the year, stating how much of the same accrued prior, and how much subsequent to, the date of the preceding statement, and the amount at which such prior accrued losses were estimated in such preceding statement ; (2.) The amount of expenses paid during the year ; (3.) The amount of taxes ; (4.) The amount paid for re-insurance ; (5.) The amount of all other payments and expenditures under their appropriate heads : : e : Companies to And any company shall further, when required, make Ponie ta (ae prompt and explicit answer in reply to any inquiries in rela-qviries of Lt.- tion to its transactions, which may be required by the Lieut-ei °°" enant-Governor in Council; and such mutual fire insurance Penaity for company which fails to make and deposit such statement so iE leg veritied, or to reply to such enquiry, its manager and secretary shall be subject, respectively, for each offence, to a fine or pe- nalty of fifty dollars, to be recovered on behalf of Her Majesty ‘for the use of this Province ; and it shall be the duty of the Provincial Secretary to publish a synopsis of such returns, as well as the names of such companies which have not made re- turns, in the Manitoba Gazette, on or before the first day of March in each year. 39 V.c. 8,8. 70. ”y \ 184 Chap. 9. MISCELLANEOUS PROVISIONS. fae ee LXIX. The next preceding section and all the provisions to all fre in- thereof also apply to every fire insurance company, by what- panies. ever authority incorporated, and now or at any time hereafter transacting the business of fire insurance in this Province. 39 V.c. 8, 8. 71. Ceaser Bay . LUXX. The Lieutenant-Governor in Council, whenever he appoint per- it expedi i i appointper- shall deem it expedient, may appoint any one or more qualified ineintothe persons, not being officers of any other fire insurance company, sumanes com. to examine into the affairs-of any mutual fire insurance com- PANIES: pany, incorporated under the provisions hereof, or to which the said provisions or any of them may apply, and also into the affairs of any fire insurance company doing business in this Province ; and it shall be the duty of the officers or agents of any such company to cause their books to be opened for the inspection of the person o1 persons appointed, and otherwise facilitate such examinations ; and for that purpose such person or persons shall have power to examine, under oath, such offi- cers and agents; and whenever it shall appear from such examination that the assets and financial position of such com- pany are such as not to justify the continuance in business of any such company, the Attorney-General may apply, in a sum- mary manner, on motion to the court of Queen’s Bench or to any judge. thereof; for an order requiring such. company to show cause why ‘the business of the company should not be Proceedings Closed; and the court or judge may thereupon proceed to hear to Siee whose the allegations and proofs of the respective parties, and in case affairs are in jt shall appear to the satisfaction of the court or judge that the an unsatisfac- : : tory condi- assets and funds of the company are not sufficient as aforesaid, meh or that the interests of the public so require, the court or judge may decree a dissolution of said company’s affairs, and may appoint a receiver to take possession of, collect and get in the assets and effects of the said company, and may order and direct that the affairs of the said company shall be wound up under the order and direction of the court and do all other matters and things necessary or requisite in the premises. 39 V.c. 8,s. 72. rowers @nd = LX XI. Such receiver shall have full power, under the auth- receiver ap- ority of the court or any judge appointing him, to make all pointed by = a the court. such assessments on the premium notes or undertakings held by the said company as may be necessary to pay its debts and claims against it; as the directors would have authority to make ; and the notice of assessment may be given in the same ‘manner as is hereinbefore provided ; and the said receivershall have the like rights and remedies upon and in consequence of the non-payment of such assessments as are given to the com- pany or the directors thereof, and such weceiver may receive a surrender of any policy of said company or cancel any policy in all cases where the directors are authorized to receive the surrender of or cancel policies. 39 V.c 8,8. 73. Samar LXXII. The court or any-judge by which such receiver is judge. appointed, may also, upon his application, examine by a re- ASSOCIATIONS. Chap. 9. 185 ference or otherwise, as it may deem proper, into the proceed- ings and acts of said company, and if it shall appear upon such examination that the directors or officers of such company, or any of them, have in any manner misapplied or improperly disposed of the funds, property or effects of such company, it shall be lawful for the court or judge to order and decree that such persons as may be found guilty of such misapplication or improper disposition, shall pay the amount thereof to such re- ceiver, and to enforce such order or decree by execution or by attachment, or by such process of the court as shall seem ex- pedient : and the sections in division 1 of this chapter may be cited as “The Manitoba Mutual Fire Insurance Companies Act.” 39 Vic. 8,8. 74. Division 2. INCORPORATION OF CHARITABLE, BENEVOLENT AND SAVING ASSOCIATIONS. Whereas it is expedient to encourage charitable, benevolent P™’@™>! and saving associations, and for that purpose to provide by one general law for the incorporation of such institutions, and to grant them certain powers enabling them to protect their pro- perty and manage their affairs : therefore, LXXII. Any number of persons not less than ten, having Persons may subscribed or holding together not less than one hundred dol-'"°°"P ones lars in money or money’s worth, for the use of their intended institution, may make and sign a declaration (in duplicate) of their intention to become a corporation under the provisions hereinafter contained for the following purposes, viz: (1) for the mutual protection, by means of contributions, subscrip- tions, donations or otherwise, against all casualties caused by disease, inevitable accidents or death, with the view of helping the afflicted or the widows and orphans of deceased members ; (2) to advance the colonization and settlement of the Province, in assisting and directing the immigrants to locate lots for settlement, and providing for the construction of temporary sheds and places of refuge for the protection and care of such immigrants and families so long as they are not settled ; (3) to establish library associations or mechanic institutes, or both, as the case may be, at some place to be named in such declara- tion. 40 V.c. 25,s.1. LXXIV. The declaration aforesaid shall state the corporate bat declar« name of the institution, its purpose, the amount of’ money or state. money’s worth subscribed by such member respectively or held by them for the use thereof, the names of those who are to be the first trustees for managing its affairs, and the mode in which successors are to be appointed or new members of the corporation admitted, or in which by-laws are to be made for stich appointments or admissions, or for any other purpose, or for all the purposes; and generally such other particulars and provisions thought necessary, not being contrary to the provi- 186 Chap. 9. ASSOCIATIONS. oe aiit’ sions hereof or to law ; or in case of any association which may sign, become incorporated under the provisions hereof, already esta- blished or in existance, then the directors, trustees or the office bearers or the committee thereof for the time being, may make and sign a declaration as aforesaid of their wish and determi- nation to become incorporated according to the pzovisions hereof, siating in such declaration the corporate name to be assumed by such institution or united institutions; and also with such declaration, to file, in the manner hereinafter pro- vided, a copy of the constitution of such institution or united institutions, together with a general statement of the nature and amount of all the property, real or personal, held by or in trust for such institution or united institutions; and one du- plicate of such declaration shall then be filed in the office of the prothonotary by one of the subscribing parties, who shall before such prothonotary acknowledge the execution thereof ‘by himself, and declare the same to have been executed by the other parties thereto, either in person or by their attorneys ; and the prothonotary shall then keep one of the said duplicates and deliver the other to the person filing the same, with a cer- tificate of the same having been so filed and the execution thereof proved before him; and such duplicate, or any copy thereof, certified by such prothonotary, shall be prima facie evidence of the facts alleged in such declaration and certificate. 40 V.¢. 25, 8. 2. How filed. Body corpor- LXXV. When the formalities aforesaid have been complied aes with, the persons having signed such declaration as aforesaid, or the directors, trustees, or the office bearers or committee for the time being of any such institution or united institutions, now established wr in existance as aforesaid, and their succes- sors, shall be a body corporate and politic, and shall possess the powers, rights and immunities vested in such bodies under the laws, with power to such corporations in their corporate name, Yearly value from time to time and at all times thereafter, to have, take, of property. acquire, hold, possess and enjoy to them and to their successors, and to and for the uses and purposes of such corporation, any messuages, lands, tenements or hereditaments of what nature or kind soever ; but the yearly value of real property to be so held by such corporations, respectively, shall never exceed the sum of five thousand dollars. 40 V.¢. 25, s. 3. By-laws. LXXVI. The affairs of such corporation shall be managed by the directors or trustees thereot for the time being appoint- ed, as hereinafter or by any by-law of such corporation provid- ed, who shall not be less than three nor more than nine, and who, or a majority of whom, shall have full power to exercise all the powers of the corporation, and to act in its name and ‘on its behalf, and to use its seal; subject, always, to any pro- visions limiting the exercise of such powers in the declaration aforesaid, or in any by-law of the corporation; and such trus- tees, or a majority of them, shall have power to make by-laws binding the members and officers thcre»f, and such others as ASSOCIATIONS. Chap. 9. 187 shall agree to be bound by them, for all purposes relative to the affairs and business of the corporation ; except as to mat- ters touching which it is provided by: the declaration aforesaid that by-laws shall be made in some other manner. 40 VY. c. 25, 8. 4 LXXVII. The members of such corporation, at their annual Fipcien- of meeting, to be held on,such day as may be provided by any by-law of the said corporation, may choose from among them- selves a president, secretary and treasurer, who may also be directors, and such other officers and servants of the corpora- tion as they may think necessary ; and also a board of direc- tors or trustees of such corporation, who shall hold office for one year, and until their successors shall have heen appointed. 40 V.c. 25,8. 5. Failure to LXXVIII. The failure to elect offigers and trustees on any elect. day appointed for that pupose by the declaration aforesaid, or by any by-law, shall not operate the dissolution of the corpora- tion ; but the board and officers then in office shall remain in oftice until their successors are elected, which they may be, if no other provision be made therefor by the declaration or by- laws at any general meeting of the members of the corpora- tion or at any meeting at which a majority of such members shall be present, in whatsoever way such meeting may be call- ed : provided it shall be called by the usual general notice to all the members of the corporation. 41 V.¢. 25,8. 6. | LXXIX. Any corporation hereunder may, according to what Application is stated in the said declaration, be at the same time a charit- 3 able and benevolent association, or a mechanics institute and a library association, or either of them ; and the funds and pro- perty shall be appropriated and used for purposes legitimately appertaining to the corporation, and for no other. 40 V.c¢. 25, 8. é. LXXX. The shares of the members or any class of members, Shares trans in the property of the corporation, shall be transferable in such way, and subject to such conditions as shall be mentioned in such declaration or in by-laws of the corporation. 40 V.c. 25, g. 8, LXXXI. All such shares shall be personal property,and by May pei fore : 1 . ed. such declaration or by-laws provisions may be made for ‘the forfeiture of such shares in certain cases, or for preventing the gua thereof to others than members of the corporation. 40 7c. 25,8. 9. LXXXII. No member shall be liable in his person or separ Members not ate estate for the liabilities of the corporation beyond the un- ">! a shares or any balance unpaid thereon, he may hold. 40 . ¢. 25, 8. 10. 188 Chap. 9. CEMETERIES. Dissolution. _LXXXIII. Provision may be made for the dissolution of the corporations in the declaration aforesaid, or by the by-laws of the corporation to be thereafter passed ; provided that no such dissolution shall take place until all the liabihties of the cor- poration are fully discharged. 40 V. ¢. 25, s. 11. Report. LXXXIV. Reports shall be furnished by such association to the Lieutenant-Governor in Council as from time to time may be required : and the sections in division 2 of this chapter may ~ be cited as “The Manitoba charitable, benevolent and savings associations Act.” Division 8. INCORPORATION OF COMPANIES FOR THE ESTABLISHMENT OF CEMETERIES, AND MATTERS CONNECTED THEREWITH. Composition LXXXV. Any number of persons not less than twenty, ofeompany- may form themselves for the purpose of establishing one or more public cemeteries near to, but without the limits of, any town or city, in the manner in the next following section men- tioned. 4) V.c. 30,8. 1. Mhpn aball LARK, When any number of persons (1) not less than poration. twenty, subscribe stock to an amount adequate to the pur- chase of the ground required for such a cemetery; and (2) ex- ecute an instrument according to the form in the next follow- ing section contained ; and (3) pay to the treasurer of the in- tended company twenty-five per cent. of the capital stock in- tended to be raised ; aud (4) register such instrument at full length, together with a receipt from the treasurer for the first instalment of twenty-five per cent. with the registrar of the county in which the ground is siutuated; (5) the company shall thenceforth become and be a body corporate by the name designated in the instrument so registered, and may take, hold and convey the land to be used exclusively as a cemetery or place of burial for the dead. 40 V.c. 30,8. 2. Instrument LXXXVII. The instrument referred to may be in the form a following : Be it, remembered, that on this day of in the year of our Lord one thcusand eight hundred and : we, the undersigned stockholders met at in the county of in the Province of Manitoba, and resolv- ed to form ourselves into a cemetery company, to be called , according to the provisions of the statute in that behalf, and we do hereby agree that the capital stock of the said company shall be dollars, to be divided into shares of dollars each. And we, the under- signed stockholders, do hereby agree to accept and take the number of shares set by us opposite our signatures; and we do hereby agree to pay the calls thereon, according to the pro- visicns of the said statute in that behalf,and of the rules, regula- CEMETERIES. Chap. 9. 189 tions and by-laws of the company to be made in respect thereof. wee = NAME, | NO. OF SHARES. AMOUNT. 40 V. ¢. 30, s. 3. UXXXVIII. The company shall, by walls or other sufficient To be enclos- fence of the height of eight feet at least, enclose every part of * the cemetery held by them. 40 V.c. 30,s. 4 LXXXIX. The company shall also, out of the moneys re- Keep in re- ceived by virtue hereof, keep the cemetery and the buildings ?#”- and fences thereof in complete repair, and in good order and condition. 40 V. ¢. 30,8. 5. AC. The company shall make all proper and necessary one sewers and drains in and about the cemetery, for draining it and keeping it dry; and they may from time to time as occa- sion requires, cause any such sewer or drain to open into an existing sewer of the street or road or land through which or part of which the opening is intended to be made, doing as little damage as possible to the street, road or land wherein the same is made, and restoring it to the same or as good cons dition as it was before being disturbed. 40 V. c. 30, s. 6. CXI. If the company, at any time, causes or suffers to be Proviso. brought to, or to flow into any river, spring, well, stream, canal > reservoir, aqueduck, pond or watering place, any offensi ye mat- ter from the cemetery, whereby the same is fouled, the compa- ny shall forfeit for every such offence fifty dollars, in addition to any other remedy existing by law for the grievance. 40. V. ¢, 80, s. 7. XCII. This penalty, with full costs of suit, may, by a civil Penalty. action in any court of competent jurisdiction, be recovered by any person having a right to use the water; but the penalty and costs shall not be recovered unless sued for during the con- tinuance of the offence or within six calendar months after it -has ceased. 40 V. c. 30,5. 8. XCIII. In addition to the penalty of fifty dollars (and whe- Further pen ther the same has been recovered or not), any person having a* right to use the water may sue the company in a civil action for any damage specially sustained by him by reason of the water being fouled ; or if no special damage be alleged, then for the sum of ten dollars for every day during which the offensive matter has continued to be brought or flow after the expiration of twenty-four hours from the time when notice of 190 Chap. 9. CEMETERIES. the offence was by such person served upon the company. 40 V. ¢. 30, 8. 9. Vault. XCIV. No person shall be buried in a vault or otherwise, un- der any chapel or other building in the cemetery, nor within fifteen feet of the outer wall of any such chapel or building. 40 V.c. 30, 5. 10. Proper con- | XCV. The company shall make regulations to ensure all duct at funer- burials within the cemetery being conducted in a decent man- ner, and shall permit the religious denomination to which the deceased belonged to perform the usual religious rites on such accasions. 40 V.c. 30, s. 11. Graves for XCV1. The company shall furnish graves for strangers, and - Ber for the poor of all denominations, free of charge, on the certifi- cate in the latter case of a minister or clergyman of the deno- mination to which the deceased belonged, that the relatives of the deceased are poor and cannot afford to purchase a lot in the cemetery. 40 V. c. 30, s. 12. Biota Bites XCVITI. The real estate of the company, and tte lots or taxes. plots, when conveyed by the company to individual proprietors for buriat sites, shall be exempt from taxes of any kind, and shall not be liable to be seized or sold in execution, or attached, ’. or applied to the payment of debt or pass to assignee under any brankrupt or insolvent law. 40 V.c. 80, 5. 13. Registration XCVIII. When a lot has been sold by the company for a quired. s ‘ e Beare burial site, the conveyance shall not be required to be register- ed for any purpose whatever, and shall not be affected by any registry act; nor shall any judgment, martgage or incumbrance subsist on any lot so conveyed. 40 V. ¢. 30, s. 14 . / Deeds. XCIX. The deeds from the company may be in the follow- ing form: “Know allinen by these presents that the cemetery, in consideration of dollars paid to them by of , the receipt whereof is hereby acknowledged, do grant unto the said his heirs and assigns lot of land in the cemetery of the said company, called and situate in the county of which lot is delineated and laid down on the map of the said cemetery, and is therein designated by the name of containing by admeasurement superficial feet; to have and to hold the herein above named premises, &c.” 40 V. c. 30, s. 15. Lots. (3, All lots or plots of ground in the cemetery,’ when num- bered and conveyed by the company, as burial sites or lots, | shall be indivisable, but may afterwards be held and owned in undivided shares. 40 V. ¢. 30, s. 16. # CEMETERIES. - Chap. 9. 191 CI. One half of the proceeds of all sales of burial sites, made Eroceday of by the company, shall be first applied to the payment of the purchase money of the land acquired by the company, and the residue to preserving, improving and embellishing the land as a cemetery or burial ground, and to the incidental expenses of the company, and after payment of the purchase money, with interest thereon, the proceeds of all future sales shall be applied to the preservation, improvement and embellishment of the cemetery, and to the incidental expenses thereof, and to no other purpose whatever ; and no dividend or profit of any kind shall be paid by the company to any member thereof. 40 V. c. 30, 8. 17. CII. Every proprietor of a lot in the cemetery, containing Shareholders. not less than one hundred superficial feet and who has paid twenty-five per cent., or more of the ;rice of the lot, shall be deemed a shareholder in the company, after payment, of the purchase money as mentioned in the preceding section, aad every such lot shall be deemed a share in the company. 40 V. @ ce. 30, s. 18. CIII. Every shareholder who has paid the company not Jess Directors. than eight dollars in all on his share or shares shall be eligible as a director, subject however, to the provisions of the preced- ing section. 40 V.c. 30,5. 19. CIV. The company may sell a Jot of any size, but no pro- Size of lots. prietor of a lot containing less than one hundred superficial feet shall thereby .become a member of the company or have any vote in the management of the affairs thereof. 40 V.c. 30, s. 20. CV. The affairs and property of the company shall be man- 392% of dir- aged by not less than five nor more than seven directors, a ma- jority of whom shall form a quorum., 40 V. ¢. 30,8. 21. CVI. The first directors shall be chosen by ballot from among Choice of ai- the subscribers to the registered instrument, and thereafter the ; directors shall be annually elected by the shareholders on the third Monday in January in every year. 40 V.c. 30, s. 22. CVIL. Upon every election of directors, including the first, voters. very shareholder shall be entitled to one vote, for every share ne holds or is possessed of, up to ten, and one for every five shares above ten ; but no shareholder shall vote unless he has paid at least two dollars upon each share on which he votes. 40 V. c. 30,8. 23. ' CVIII. The directors or a majority of them, shall, at their President. first meeting, elect one of their number to be president of the company, and the president, if present (or if he be not present, then some director chosen for the occasion) shall preside at every meeting of the directors and shall not vote, except in case of an equality of votes, when he shall have a casting vote. 40 V. c. 30, s. 24. 192 By-laws. Records. Instalments. Chap. 9. CEMETERIES. CIX. The directors may pass by-laws for the laying out, sell- ing and managing of the ground, for regulating the erection ot tombs, monuments, or gravestones therein, and for empower- ing the president to execute conveyances of plots to purchasers. 40 V. c. 80, 8. 25, eos CX. The directors shall record in a book, kept for the pur- pose, all their by-laws and proceedings ; and every person shall have access to such book for the purpose of searching and making extracts therefrom without payment of any fee. 40 V. c. 30, s. 26. CXI. The directors may also call for instalments on the sums subscribed for, and may appoint a time for the payment thereof, and if the same be not then paid the shares shall be forfeited, and the holders thereof shall be held not to have sub- scribed unless the directors think expedient to remit the for- feiture, which they may do, if the instalments be paid with in- terest within one year after the day when they ought to have been paid. 40V.c. 30, s. 27. Infringe- ments and penalty. respass. Reservation Organization of trustee board, CXII. Auy person who (1) wilfully destroys, mutilates, de- faces, injures or removes any tomb, monument, gravestone or other structure placed in a cemetery, or any fence, railing or other work for protection o1 ornament of a cemetery, or of any tomb, monument, gravestone or other structure aforesaid, or of any cemetery lot within a cemetery ; or (2) wilfully destroys, cuts, breaks, or injures any tree, shrub, or plant in a cemetery ; or (3) plays at any game or sport in a cemetery ; or (4) dis- charges fire-arms (save at a military funeral) in a cemetery ; or (5). who wilfully and unlawfully disturbs persons assembled for the purpose of burying a body therein ; or (6) who eom- mits a nuisance in a cemetery ; shall upon conviction thereof before a justice of the peace, or other court of competent juris- diction be punished by a fine of not less than four dollars nor more than forty dollars according to the nature of the offence. 40 V. ¢. 30, s, 28. CXIIL The offender shall also be liable in any action of trespass, in the name of the company, to pay all damages oceas- sioned by his unlawful act; and the money when received shall be applied under the direction of the directors for the re- paration and re-construction of the property destroyed ; and members of the company are competent witnesses in the suit. 40 V, c. 30,5. 29. ‘CXIV. Nothing herein contained shall be deemed to affect any right that may be enjoyed by congregations, parishes or missions in the Province, with respect to the establishment and management of their own cemeteries. BOARD OF TRUSTEES OF BURYING GROUNDS. CXV. Whenever any of the inhabitants of a township or locality in Manitoba, to the number. of ten or more, desire to INTERMENTS AND DISINTERM ENTS. Chap. 9. 193 take a conveyance of land for a burying ground, not to belong exclusively to any particular denomination of Christians, such persons may appoint trustees, to whom and their successors, to be appointed in such manner as may be specified in the deed of conveyance, the land may be conveyed; and such trustees Powers. and their successors in perpetual succession, by the name ex- pressed in the deed, may take, hold and possess the land in trust for the uses and purposes limited in the deed; and may maintain and defend suits in law or equity for the protection thereof and of their property therein. 40 V.c. 3l1,s. 1. CXVI. But there shall not be held in trust under any such 7 #¢res- conveyance for the purpose aforesaid more than ten acres of land for the inhabitants of any one township or locality. 40 Vic 31, 8. 2. : INTERMENTS AND DISINTERMENTS. Intermeirts. CXVIL. In every burial in any church, the coffin shall be Burials in covered by at least cour feet of earth, encased in masonry of at : least eighteen inches in thickness, if in stone, or of, at least, twelve inches in thickness, if in brick ; both brick and stone having been well drowned in mortar. 40 V.c¢. 32,5. 1. CXVIII. In every burial ina church the use of disinfec- Disinfect- tants in the coffin shall be required. 40 V. c. 32, 8. 2. ; CXIX. In all cases of death from small pox, Asiatic cholera Disinfectants. or epidemic typhus, the use of disinfectants in the coffin shall be required. 40 V.c. 32,8. 3. CXX. The body of no person who has died from any of the Métalle | i. diseases mentioned in the preceding section shall be conveyed ed. from one parish to another, unless it be enclosed in a metallic coffin hermetically sealed and filled with disinfectants. 40 V. ce, 32,8. 4. , CXXI_. The bodies of all persons who have died of any of$eparate the diseases specified in section 119, shall be laid in separate ; graves, and covered with at least four feet of earth, and shall not be deposited in a vault, or buried in any church. 40 V. c. CXXII. When typhus, Asiatic cholera or small pox is epi- Burial in demic, it shall be lawful for the mayor of any local municipal- Bipods ey ity, or for any justice of the peaee resident in the parish or locality, after having obtained for such purpose the written consent of the local or the parish, or ecclesiastical authority, to prohibit, by proclamation, the bodies of persons who have died from any of these diseases from being brought into churches under the control of such ecclesiastical authority, and situate within the municipality, during a fixed period, specified 13 194 Chap. 9. INTERMENTS AND DISINTERMENTS. in the proclamation; while such prohibition is in force, the bodies of persons who have died of such diseases shall be con- veyed directly from the house to the place of burial. 40 V. c. 32, 8. 6. Powers ofcer- CXXIII. In the absence of such proclamation, the local or ties. ecclesiastical authority may at any time forbid the bringing of corpses into churches under the control of such ecclesiastical authority, when it deems that the bringing of such corpses into churches may be prejudicial to the public health. 40 V.. ce. 32, s. 7. Sestroved’ °° ~=OXXIV. Any person having in his possession or custody any clothes or linen used by any one attacked by small pox, Asiatic cholera or epidemic typhus, shall, without delay, burn the same, or disinfect them by burying them in dried earth, or by means of other disinfectants. 40 V.c. 32,5. 8. Disinfectants. CXXV. The disinfectants required are quicklime, sulphate of iron, dried earth, peat, carbolic acid, charcoal and any other preparation or thing deemed sufficient by competent persons. 40 V. c. 32, 8. 9. : How used, CXXVI. The use of the disinfectants prescribed hereby for corpses, consists in placing the same at the bottom of the coffin and in covering the body therewith after it has been placed in the coffin. 40 V. ce. 32,5. 10. ‘ Penalties. CXXVII. Any person committing any infraction or contri- buting to the commission of any infraction of any of the pro- visions hereof, shall incur a penalty not exceeding one hundred dollars, which shall be recoverable with costs within the ensu- ing six months by the corporation of the local municipality, or by any person who shall sue for the amount thereof before two justices of the peace, or before any other competent court of civil jurisdiction. 40 V. c. 32,8, 11. Extension of COXXVIII. The Lieutenant-Governor may, by proclamation, , declare that the next nine preceding sections shall apply throughout the whole Province, or in certain localities only, to the diseases mentioned or to any other disease or diseases which he shall mention in such proclamation, and which, according to the report of competent persons, he shall deem‘to possess a dangerous and epidemic character; and from and after the issue of such proclamation, or of the day therein fixed therefor, the next nine preceding sections shall, in so far as re- spects the bodies of persons who have died of any of the diseases therein or herein mentioned all the clothing of such as have been attacked thereby, have thé same force and effect as if each and every of such diseases had been expressly specified in each of such nine sections. 40 V. c 32, 5, 12. Inspectors. CXXIX. When any disease is epidemic in any local munici- pality, the council of such municipality, and if there is no mu- INTERMENTS AND DISINTERMENTS.. Chap. 9. 195 nicipality, any two justices of the peace of the parish or of the locality, may appoint one or more physicians as medical in- spectors to establish of what disease any one may have died. 40 V. ¢. 32, 8. 13. CXXX. Notice shall be given of the appointment of such Notice. medical inspectors in the municipality’or locality, in the same manner as notices respecting the ordinary affairs of the munici- pality ; and if there is no municipality, such notice shall be iven by posting the same in three conspicuous places of the locality. 40 V. ¢. 32, s. 13. CXXXI. After such notice, the burial of any person who Bilal not to has died of such disease in the municipality or locality, shall within 2 not be performed before the expiration of the usual delay of ; twenty-four hours, without the order of the medical inspectors or one of them,if there be more than one, under a penalty of twenty dollars upon such person in any way concerned in, or assisting or taking part in, or being knowingly present at such burial. 40 V. ¢ 32, s. 13. CXXXII. In the absence of a medical inspector appointed Qagatne: by the council or locality when a disease is epidemic, the order for the burial of persons who have died of such diseases before the expiration of the delay of twenty-four hours may be given by the officiating minister of such persons and any municipal councillor, or by two municipal councillors, or by two justices of the peace. 40 V.c¢. 32,5. 14. CXXXIII. No diseased person shall be interred until after Penalty. the expiration of twenty-four hours at the least from the death of such person, under a penalty of twenty dollars upon every person in any way concerned in assisting, or taking part. in, or being knowingly present at such interment. 40 V.c. 32, s. 15. CXXXIV. But nothing in the next preceding sections con- Reservation. tained shall be construed to intertere with the observance of any regulation made in this behalf by any board of health in pursuance of the powers conferred upon it by law; nor prevent a speedy burial where the case demands it to prevent the spread of disease. Disinterments. CXXXYV. On a petition being presented to any judge of the Disinter- court of Queen’s Bench, either in term or in vacation, by any a person praying for leave to disinter a body or bodies buried in any church, chapel or burying ground, with a view to the erection, repair or alienation of a church, chapel or burying ground, or with a view to re-interment in another church, cha- pel or burying ground, or to the re-construction or repair of the tomb or coffin in which a body has already been buried andin dicating in the case of a proposed removal of any body 196 Chap. 9. INTERMENTS AND DISINTERMENTS. or bodies the burial ground or the church or chapel to which it is proposed to effect the removal ; and on proof being made on oath to his satisfaction of the truth of the allegation contained in such petition, such judge may order that the body or bodies shall be disinterred as prayed for. 40 V. c. 32, s. 17. Order from CXXXVI_ Such order, sealed with the seal of the court of Queen’s Queen’s Bench and signed by the prothonotary, being duly Bench, served upon or presented to the person owning or having the legal custody or charge of such church, chapel or burying ground, shall be a sufficient authority ; subject, however, to the provisions hereinafter mentioned, for the disinterment prayed for ; and shall-save harmless every person concerned or taking part in any such disinterment. 40 V. c. 32,5, 17. Pody not to = =CXXXVIT. The body of any such person who died of a con- within three tagious disease shall not be disinterred until after the expira- ee tion of three years from the interment of such body. 40 V. c. 32,5. 17. Removal of CXXXVIIL Whnever it is determined by the competent arial : . : . . ee grounds. ecclesiastical authority in any parish or mission to remove any old burial ground, or to open a new burial ground within any parish or mission, any judge of the court of Queen’s Bench, on a petition being presented by the parish priest. or missionary of the congregation to which such old burial ground belongs, or to whose use it is applied, may grant them a permission to cause or to allow all or any of the bodies buried in such old burial ground to be renioved to such new burial ground. 40 V.¢. 32, s. 18. Affidavit re- = CXXXIX. No application made to any priest or missionary for the removal of any particular body shall be granted, unless accompanied by an alfidavit as required by section 135 of this Act. 40 V. c¢. 32,5. 19. one: CXL. Such affidavit may be sworn to before any judge or commissioner for taking affidavits, or before the priest or mis- sionary, all of whom are hereby empowered to administer the requisite oath. 40 V. ¢. 32, s. 20. a CXLI. Before proceeding to any disinterment in any burial ground, permission to that effect shall be obtained from the competent ecclesiastical authority of the locality in which the same is situate ; and the sections in Division 3 of this chapter may be cited as “The Manitoba Cemeteries Incorporating Act.” 40 V.c. 82, 5. 21. Division 4. EPIDEMIC AND CONTAGIOUS DISEASES, PRESERVATION OF THE PUBLIC HEALTH. ~ “Time when to . : a . pee CXLII. Whenever this Province or any part thereof, or a CONTAGIOUS DISEASES. Chap. 9. 197 place therein, appears to be threatened with any formidable by Proclama- epidemic, endemic or contagious disease, the Lieut.-Governor may, by proclamation, to be by him from time to time issued, by and with the advice and consent of the Executive Council, declare the provisions herein contained to be in force in this Provinee, or in any part thereof or place therein, mentioned in such proclamation ; and they shall thereupon be in force accordingly ; and the Lieutenant-Governor may, in like man- Duration of ner, from time to time, as to all or any of the parts or places tion. to which any such proclamation extends, revoke or renéw any such proclamation ; and subject to revocation and renewal as aforesaid every such proclamation shall have effect for six months or for any shorter period, in such proclamation ex- pressed. 40 V.c, 1, 9,1. CXLITI. From time to time, after the issuing of any such PR a proclamation, and whilst it is in force, the Lieutenant-Gover- central board nor may, by commission under his hand and’seal, appoint five”’ - . or more persons to be the central board of health, and also such officers and servants as he deems necessary to assist the board ; and the powers and duties of the said board may be exercised and executed by any three members thereof, and during any A vacancy oc- vacancy in the said board the continuing members or member may act, may act as ifno vacancy had occurred, and every such com- Convmieen mission shall ipso facto be determined by the revocation of the termined.’ proclamation under which it is issued, as to allthe places in- cluded in such proclamation, or by the expiration of six months from the date of such proclamation, or of any shorter period expressed in such proclamation as that during which it is in force, unless such proclamation be renewed as to all or some of such parts and places. 40 V.c. 1, 8. 2. CXLIV. From time to time while any such proclamation is en in force, the mayor or other head of the municipal corporation of couneil by of any and every place mentioned in such proclamation, or in-'"°™°™ cluded thereby, shall forthwith call a special meeting of the council or other municipal corporation of such place over which he presides, for the purpose of nominating, and such munitipal corporation shall nominate accordingly, not less To elect local than three persons resident within the limits of their respective health and Jurisdictions (or in case of a city, town or village, within seven persons ond miles thereof,) to be “tha local board of health” for such place ;J8risdiction to and suen mayor or other head of such municipal corporation shall call such special meeting a-1d cause it to be held within ie ten days from the receipt of a :-ritten requisition to that effect, meeting to be signed by ten or more inhabita:t, householders, of the place mayor. under the jurisdiction of the body over which he presides on pain of being personally liable to the penalty hereinafter men- tioned ; and if at any time while such proclamation is in force And penalty it is certified to the Lieutenant-Governor that there is no muniéi- ee pality in any place included in such proclamation, or that the mayor or other head of such municipal corporation of such place has failed to comply with such requisition within such 198 Chap. 9. CONTAGIOUS DISEASES, time as aforesaid, the Lieutenant-Governor in Council may forthwith appoint not less than three persons, resident within the limits of such place, (or in the case of a city, town or village within seven miles thereof,) to be the “local board of health” for such place. 40 V.c¢. 1,8. 3. ‘ Every nom CXLV. Every nomination or appointment of such a local arene board of health shall Ypso facto be determined by the revoca- tion as to the tion, as to the place within the limits of which such board is Pad cuthor authorized to act, or as to any place in which it is included, or eeeteneeee as to the whole Province, by the proclamation under which such local board was appointed, or by the expiration of six months from the date of such proclamation, or of any shorter one eriod expressed in such proclamation as that during which it mation be re-18 to be in force, unless such proclamation be renewed as to newed. such place or any place in which it is included, or as to the whole Province. 4) V.c. 1,58. 3. eee CXLVL The central board of health, or any three or more io pareer’ members thereof, may, from time to time issue such regula- ea re tions as they think fit for the prevention, as far as possible, or * the mitigation of such epidemic, endemic or contagious dis- eases, and may revoke, renew or alter any such regulations, or substitute such new regulations as to them or any three of them appear expedient. 40 V.c. 1, s. 4. peg erovide = CXLVIL The said board may by such regulations provide streets, &c.” for the frequent and effectual cleaning of streets by the sur- veyors or overseers of highways and others entrusted with the care and management. thereof, or by the owners or occupiers of houses and tenements adjoining thereto, and for the cleans- ing, purifying, ventilating and disinfecting of houses, dweil- ings, churches, buildings and places of assembly by the owners and oceupiers and persons having the care and ordering thereof, Andinter- _,, for the removal of nuisances, for the speedy interment of the ‘dead, and generally for preventing or mitigating such epidem- ic, endemic or contagious diseases, in such manner as to the said central board seems expedient. 40 V.¢.1,s. 4. Central Poard ~CXLVIII. The said central board may by any such regula- see the regula- tion authorize and require the local boards of health to super- ions execut-. : ‘ ed. . intend and see to the execution of any such regulations, and (where it appears that there may be default or delay in the execution thereof by want or neglect of such surveyors or others entrusted as aforesaid, or by reason of poverty of occu- a piers or otherwise) to execute or aid in executing the same, Amcusuwse within their respective limits, and to provide for the dispens- able to do s° ing of medicines and for affording to persons afflicted by or threatened with such epidemie, endemic or contagious diseases, such medical aid as may be required, and to do and provide all such acts, matters and things as are necessary for superin- tending or aiding in the execution of such regulations, or for executing the same, as the case may require. 40 V.c. 1,5. 4 CONTAGIOUS DISEASES. Chap. 9. 199 CXLIX. The said central board of health may also by any 76 board to such regulations, authorize and require the local boards of the cal boards. board of health, in all cases in which diseases of malignant and fatal character are discovered to exist in any dwelling house cr otherwise temporarily occupied as a dwelling, situated in an unhealthy or crowded locality, or being in a neglected or Zo attend to filthy state, in the exercise of a sound discretion, and at the condition of proper costs and charges of such boards of health, to compel "°°" the inhabitants of any such dwelling-house or outhouse to re- move therefrom and to place them in sheds or tents, or other good shelter in some more salubrious situation, until measures And Rave ter ° . 4 moved inhab- can be taken by and under the directions of local boards of itants with is ‘i < e is . : infectious dis- health for the immediate cleansing, ventilation, purification cases. and disinfection of the said dwelling house or outhouse. 40 V.c. ls. 4 1 i 1 i - Power to ex- CL. And the directions and regulations to be issued as afore- fower to said, shall extend to all parts or places to which the said pro- ever the act clamation for the time being, extends, unless such regulation tess. eg be expressly confined to some of such parts or places, as in SPécified. such directions and regulations shall be specified, and (subject to the power of revocations and alteration herein contained) . shall continue in force, so long as the provisions hereof shall be in force under such proclamation, in the parts or places to which such regulations extend. 40 V.c.1,s. 4 fos CLI. The members of the said local boards of health shall Appellation be called health officers, and any two or more of them acting aa in the execution of any-such regulations as aforesaid, at reason- able times in the day time, may enter and inspect any dwell- Power to en- ing or premises, if there be ground for believing that any per- ; son has recently died of any such epidemic or contagious di- sease in such dwelling or premises, or that there is any filth or other matter dangerous to health therein or thereupon, or that necessity otherwise exists for executing, in relation to such dwelling or premises, all or any of such regulations as afore- said ; and in case the owner or occupier of any such dwelling Pecupants re- or premises neglects or refuses to obey the orders given by obey. such health officers, in pursuance of such regulations, such health officers may call to their assistance all constables and Constables 3 may be called peace officers, and such other persons as they think fit, and in toentorce may enter into such dwelling or premises, and execute or cause to be executed therein such regulations, and remove therefrom and destroy whatsoever in pursuance of such regulations it is necessary to remove or destroy for the preservation of the pub- lic health. 40 V.c¢.1, 8. 5. CLII. The expenses incurred by the said central boards of Expenses oi health shall be defrayed out of any moneys appropriated by tae the Provincial Legislature for that puipose. 40 V.c. 1,5. 6. CLIII. No direction or regulation of said central board of Directions or health shall have any force or effect until it has been confirmed be confirmed 200 Chap. 9. CONTAGIOUS DISEASES. by the Lieut-by the Lieutenant-Governor in Council, and has ‘thereafter _ nor. been published in the Manitoba Gazette; and every proclama- tion of the Lieutenant-Governor in Council, under the provi- sions herein contained, shall also be published in the Manitoba Which mug Gazette; and such publication of any such proclamation or re- Manitoba Gaz. | gulation shall be conclusive evidence of the proclamation or conclusive | regulation so published, and of the confirmation of such regu- fond herove ation as aforesaid, and of the dates thereof respectively, to all the Tegisla~ intents and purposes, and every such proclamation and regula- bly. tion shall forthwith, upon the issuing thereof, be laid before the Legislative Assembly, if it be then sitting, and if not, then within fourteen days after the commencement of the then next session thereof. 40 V.c. 1,s. 7. All bylaws , CLIV. Upon the publication of any ruch regulations as city council aforesaid, and whilst they continué in force, all by-laws made to be suspend- . : a ee : . ed while the by the city council, municipal corporation or other like body gresaidis of any place to which such regulations or any of them relate, made for preserving the inhabitants thereof, from contagious diseases or for any other of the purposes for which such re- gulations are required to be issued, shall become and be sus- When 2p; j¢ pended: and after the appointment and during the existence a local board of a local board of health under the provisions hereof for any under this Act, board ap-such place, any board of health, or health officers, or other like pointed by 1 officers or any committee appointed under any such by-law, cease toact. shall be and remain deprived and relieved of all powers, au- ‘ thorities and duties conférréd and imposed upon him or them by any such by-law; but, in any interval between the issuing of such regulations, and the appointment of such local board of health, he or they shall exercise such powers, authorities and duties, in conformity with such regulations and shall act in every respect as if he or they were a local board of health appointed hereunder. 40 V.c. 1,5. 8. Penalties of 7 i . tg me Serene Ole CLV. Whosoever wilfully obstructs any person acting un- structing or der the authority, or employed in the execution of the provi- violating re- ~. une . * : gulations, sions hereof, or wilfully violates any regulation issued by the pow.te > central board of health, or neglects or refuses to comply with such regulations or withthe requirements hereby imposed, inany manner whatsoever shall be liable for every such offence, to a penalty not exceeding twenty dollars, to be recovered by any person before any justice of the peace, and to be levied by dis- tress and sale of the goods and chattels of the offender, with the costs of such distress and sale, by warrant under the hand and seal of the justice, and if it appears to the satisfaction of ‘such justice before or after the issuing of such ‘warrant, either by the confession of the offender or otherwise, that he hath not goods and chattels within the jurisdiction sufficient to sat- May commit isfy the amount, he may commit him to any gaol or house of gaol, ete. z ‘ ji correction for any time not exceeding fourteen days, unless the penalty and all costs be sooner paid, in the same manner as if a.warrant of distress had issued, and a return of nulla bona had been made thereon. 40 V.c.1,s. 9. CONTAGIOUS DISEASES. Chap. 9. 201 CLVI. All penalties whatever recovered hereunder shall be Penalties to . Se : paid to paid to the Provincial Treasurer, and all offences committed Provincial against the provisions hereof while the same are in force in°™**™""" this Province, or any part thereof, shall be prosecuted, and the parties committing the same convicted and punished therefor as herein provided, as well after as during the time the same shall be declared to be in force in or by any such proclamation as aforesaid. 40 V.c.1, 5. 10. CLVII. No order or any other proceeding, matter or thing a done or transacted in or relating to the execution of the pro- may be visions hereof, shall be vacated, quashed or set aside for want ane: ped tor of form, or be removed ‘or removable by certiorari or other 1™™- writ or process whatsoever into any of the courts of this Pro- vince. 40 V.c.1,s. 11 CLVIII. In the provisions herein contained the following words and expressions shall have the meaning hereinafter as- signed to them, unless such meanings be repugnant to or in- consistent with the context, that is to say, the word “place” ALLS EDEEINr shall mean a city, town, village, township, parish or any other territorial division recognized or designated by law as a separ- ate municipality, or municipal division; the word “street” shall include every highway, road, square, row, lane, mews, court, alley and passage, whether a thoroughfare or not. 40 V.c.1,s. 12. \ CLIX. Whereas the Lieutenant-Governor and Executive Qi ena Council of this Province, with the view of protecting its in- * habitants from disease prevailing in the adjoining ‘district of Keewatin, did on the second day of December, one thousand eight hundred and seventy-six, adopt an order in council for th: protection of the public health, and which order was amended by a further order in council, on the fourth day of January, one thousand eight hundred and seventy-seven ; and whereas the said order in council was, and is designed to pro- pameomente mote the public interests, it is hereby enacted and declared {rom 2nd Dec, that the said order in council shall be held and taken tp have continue un- had from the second day of December one thousand eight hun- by the Ticak- dred and seventy-six the full force and effect of law, and shal] SnantGover- so continue to have the force of law and of a statute of the cil Legislature until suspended or repealed by the said Lieuten- ant-Governor in Council, and the said order may from time to time be altered or amended by the Lieutenant-Governor in Council, and when so altered or amended shall continue to have like force and effect, and all acts of any person or persons in enforcing the said order in council heretofore done, performed or taken, or that may hereafter be done in pursuance or en- forcement of the said order in council, shall be held and taken to be right and lawful, and all persons who have acted in good faith in anywise in pursuance of the said order in council or in enforcement thereof, or in giving effect thereto, are hereby indemnified and held harmless of and from all other persons 202 Penalty for any infrac- tion thereof, how penalty to be applied. 1 Who shall form pharma- ceutical asso- ciation. Name and style. Certified clerks. Certified ap- prentices. Apprentice’s examination. Apprentices examination. Chap. 9. PHARMACEUTICAL ASSOCIATION. whomsoever, for such acts and deeds done in pursuance of the said order in council; and it is further enacted that for any infraction of the said order in council, or contravention there- of hereafter occurring, a penalty of, not exceeding two hun- dred dollars nor less than ten dollars and the costs of prosecu- tion may, on the evidence of any one credible witness, on com- plaint before any judge o1 justice of the peace, be imposed on’ any person found guilty of such infraction or contravention, and one quarter of such penalty shall belong ‘to the informer and the remainder to Her Majesty, and shall be paid to the Provincial Treasurer to be applied towards the defraying cf the expenses incurred or to be incurred in endeavoring to pre- vent the spread of small pox: and the sections in division 4 of this chapter may be cited as “The Manitoba Epidemic and Contagious Diseases Act.” 40 V.c. 1,8. 13. Division &. PHARMACEUTICAL ASSOCIATION. CLX. The following persons that is to say, all persons being on the second of Febreary, 1878, in actual practice of the pro- fession of chemists and druggists, or dispensing chemists or apothecaries in this Province, and being duly licensed accord- ing to law, shall form the pharmaceutical association of the Province of Manitoba. 41 V.c. 31,5. 1. CLXI. The association is hereby incorporated under the name and style of “The Pharmaceutical Association of Manito- ba,” and the said association shall be deemed to be a body pol- itic and corporate; and every person who may be registered hereafter under the provisions hereof shall be a member of the said association. 4d V.c. 31,5. 2. CLXII. All clerks who have been not less than five years in the trade shall, after satisfactory examination before the board of examiners of the association be entitled to be placed on the register as “certified clerks.” 41 V.c. 31,5. 3. CLXIII. All clerks and apprentices who have not been five years in the trade shall go through the required curriculum of study, and pass the examinations, before they can be register- ed as “certified clerks.” 41 V.c. 31,58. 4 CLXIV. Every youth before he is taken as apprentice by a pharmaceutical chemist, shall produce satisfactory evidence of a good moral character, and pass a preliminary examination in the English or French and Latin languages and arithmetic, af- ter which he shall be registered as a “certified apprentice.” 41 Vic. 31,s. 5, | CLXV. In addition to the preliminary examination of ap- prentices, there shall be two other examinations : the first, to be called the “ minor examination,” shall be passed by all cer- PHARMACEUTICAL ASSOCIATION, Chap. 9. 203 tified apprentices before they. can take the position and become qualified as “ articled clerks ;” and the candidate, shall be exa- mined in the translation and dispensing of prescriptions, phar- macy, chemistry and especially the chemistry of poisons, poso- logy and materia madica ; after passing this examination the candidate shall be registered as a “ certified clerk.” 41 V.c. 31, 8. 6. CLXVI. The second examination shall be called the “ major Second exam- examination,” and ‘shall embrace the same subjects as the “ minor exainination,” but a knowledge of botany, and a more extended knowledge of materia medica and pharmaceutical chemistry will be required ; the candidate must also produce evidence that he has served at least four years in a drug store, and has attended two courses of lectures on chemistry, two courses on materia medica, and one on botany: and after passing this examination and producing the required certifi- cates, the candidate shall be registered as a “licentiate pharma- ceutical chemist.” 41 V.c. 31,5. 7. CLXVII. All the examinations referred to in the previous eat clauses—namely, the preliminary examination, the minor ex- and regula- amination, and major examination—shall take place and be re- gulated by such rules and regulations as may be in force at the time such examinations are held ; and all candidates for any of the said examinations shall pay such feesas may be imposed by any such rules or by-laws. 41 V.c. 31,5. 8. CLXVIII. The board of examiners for the time being shall Board of ex- dispense with the examinations herein provided for, and shall accept, in lieu thereof, authenticated certificates of examina- tion ; and such certificates of examination shall be accepted and recognized only when issued by pharmaceutical associa- tions on incorporations which require the same or equivalent course of study and service by candidates as those required by the pharmaceutical association of Manitoba. 41 V.¢. 81,5. 9. CLXIX. Every person possessing a diploma or certificate of M29,™may, be admission to practice as a pharmaceutical chemist in any part member of of Her Majesty’s dominions by any pharmaceutical association ~ or college of pharmacy empowered by law to grant such di- ploma or certificate, shall be admitted a member of the phar- maceutical association of Manitoba, on payment of a fee to be fixed by law of the council, and upon producing to the regis- trar the dccument conferring and evidencing the qualifica- tion in respect whereof he seeks to be registered ; provided Proviso. however, that it shall be lawful for the council to require such persons above mentioned to pass any examinations that shall seem meet, before granting such certificate ; and provided al- ways, that any person possessing a diploma granted by any pharmaceutical association in any part of Her Majesty’s do- minions, and having been in the practice of the profession at least six months prior to the second day of February, 1878, shall be exempted from the operation of this section with re- 204 Chap. 9. PHARMACEUTICAL ASSOCIATION, spect to examination, and shall be entitled to be registered. 41 V.c. 31, s, 10. Generalmeet- CLXX. There shall be general meetings of the said associa- 5 tion held from time to time as hereafter mentioned ; and there shall always be a council to direct and manage the affairs of the said corporation ; and tlie said general meetings and the council shall have the entire direction and management of the said corporation, in the manner, and subject to the regulations How regulat- hereinafter mentioned ; and at all general mevtings.and meet- ; ings of the council, the majority of the members present having a right to vote thereat, respectively, shall decide upon the mat- ters propounded to such meetings—the person presiding hav- ing, in case of an equality of votes, a casting vote. 41 V.c. 31, 8. 11. Thecouncil. CLXXI. The council of the association shall be composed of not more than five, nor less than three, members, to be elected in accordance with the provisions hereinafter contained. 41 V.c. 31, 8. 12. bow mem, CLXXII. The members of such council shall be elected or elected and appointed, as the case may be, for the period. of two years; but resign. 4 : ‘ any member may resign his appointment at any time by letter addressed to the president or to the secretary of the council ; and upon the death, resignation or removal of any member of the council, it shall be lawful for the council to elect and ap- point some other person, being a member of the association, to supply the vacancy so made ; and the person so appointed shall be taken, in all respects as regards the duration of office, to re- present the person in whose stead he has been appointed. 41 V.c. 31, s. 13. Annualgen- = CLXXITI. It shall be lawful for the members of the associa- eral meeting, . ‘ : whentobe ~ tion to hold general meetings once in the year, and also such oe special meetings as the council may from time to time think proper ; vhe annual general meetings shall be held on the third Wednesday in the month of February in each year, or such other day near thereto as shall be determined by the council ; Notice. and further, upon the requisition in writing of six members of the associaticn entitled to vote, requesting the council to con- vene a special general meeting of the association for the pur- pose specified in the requisition, such meeting shall accordingly be convened: by the said. council within such reasonable time as the council shall see fit—they first giving such notice there- of as may be required by the by-laws of the corporation and the purpose for which the same is convened. 41 V.c. 31, s. 4 First election CLUXXIV. The first election shall take place on or about the of members. third Wednesday in February in the year of our Lord one thousand eight hundred and seventy-eight, at Winnipeg, as shall be fixed by order in council; and the Provincial Secre- tary or his substitute shall act as returning officer at the said PHARMACEUTICAL ASSOCIATION. Chap. 9. 205 election; and the persons entitled to vote at such first election shall be all persons who were on the second day of February, 1878, practising chemists and druggists, and duly licensed as such according to law ; and the persons qualified to vote at every subsequent election shall be such persons as are mem- bers of the association. 41 V. ¢. 31,5. 15. CLXXV. The council of the said corporation for the time ceeaae being shall, at their first meeting after the election of the dent and see council, elect from among their members a president, a vice-" president, and a secretary-treasurer, and such officers as the council may consider necessary. 41 V.c. 31, s. 16. CLXXVI._ It shall be the duty of the secretary-treasurer of Duties of sec. the association to make and keep a correct register in accord- ance with the provisions hereof as shewn in form C, section 193 hereof, of all persons who shall be entitled to be register- ed under the provisions hereof, and to enter opposite the names of all registered persons who shall have died, a state- ment of such fact, and, from time to time, to make the neces- sary alterations in the addresses of persons so registered. 41 V. c. 31, 5. 17. CLXXVII. No names shall be entered in the register, ex- Register. cept authorized to be registered, nor unless the secretary-trea- surer be satisfied by proper evidence that the person claiming is entitled to be registered ; and any appeal from the decision of the secretary-treasurer may be decided by the council of the association ; and any entry which shall be proved to the satisfaction of such council to have been fraudulently or in- correctly made, may be amended or erased in the register by order of such council. 41 V. ¢. 31, s. 18. _ CLXXVIIL The council of the association shall, subject to pone Ty the supervision and disallowance thereof by the Lieutenant- Jects for ex- Governor in Council, have authority to prescribe the subjects cai upon which candidates for competency shall be examined, and to establish a scale of fees not exceeding twenty dollars, to be paid by persons applying for examination. 41 V. ¢. 31, s. 19. °° CLX XIX. The council of the association shall have the sole pounce te control and management of the real and personal property of of property. such association, subject to the by-laws thereof: provided al- Proviso. ways, that no sale or mortgage of any property of the associa- tion shall be made except with the approbation and concur- rence of a general meeting of the members of the said corpor- ation specially called for such purpose. 41 V.¢. 31, s. 20. CLXXX. The council shall have power to make such by- yeunel may laws, rules and resulations as they shall deem necessary for laws, rules, the carrying out of the objects of the association, and from °° time to time may amend, revoke and substitute others in their stead ; and such by-laws, rules and regulations may also be amended, altered or repealed in whole or in part, at any an- 206 Chap. 9. PHARMACEUTICAL ASSOCIATION. nual general meeting of the association; provided previous notice be given of the intention so to do; such notice to be given in accordance with the by-laws in force for the time being. 41 V.c. 31,5, 21. Who may CLXXXT. Any person registered, and no other, shall he en- prescriptions. titled a “pharmaceutical chemist :’ and no other person except a pharmaceutical chemist as aforesaid, or his employee or em- ployees, shall be authorized to compound prescriptions of legal- ly authorized or other medical practitioners or of other per- sons : but no person shall be entitled to any of the privileges of a pharmaceutical chemist, or to be a member of the said association, who is in default in respect of any fees payable to him by virtue hereof. 41 V. c. 31,s. 22. pertifcate ot CLXXXII. Upon any person being registered as aforesaid fee, he shall be entitled to receive a certificate in the form D in section 193 hereof, or to the like effect, under the corporate seal of the said association, and signed by the secretary-trea- surer, and shall be entitled to receive a similar certificate annu- ally upon payment ofa fee to be determined by the council. 41 V. c. 31, 5. 23. Pe CLXXXIIL. No person shall wilfully or knowingly sell any article under the pretence that it is a particular drug or medi- cine which it is not in fact; and any person so doing (besides any other penalties tv which he may be liable) shall be subject to the penalties prescribed by the 306th section hereof. 41 V. c. 31, 5. 24. tobe wresar- CLXXXIV. All compounds mentioned in the British Phar- forge’ 2 macopcea shall be prepared according to the formula directed in the latest edition published “by authority” unless the phar- maceutical association of Manitoba shall select another stand- ard, or unless the label distinctly shows that the compound is prepared according to another formula. 41 V.c. 31, s. 25. re iney,. CLXXXV. From and after the first day of March in the sume title of year of our Lord one thousand eight hundred and seventy- druggist after eight, it shall be unlawful for any person to sell, or keep open isis" ~— shop for retailing, dispensing or compounding poisons, or to sell or attempt to sell any of the articles mentioned in the form A in section 193 hereof, or to assume the title “chemist and druggist,” or “pharmaceutical chemist,” or “druggist.” or “pharmacist,” or “apothecary,” or “dispensing chemist (or drug- gist,”) in any part of the Province of Manitoba, unless such person shall be a member of the association hereby incorporat- ed, nor unless such person has taken out a certificate under the provisions hereof for the time during which he is selling or keeping open shop for retailing, dispensing, or compounding poisons, or assuming or using such title. 41. V.c 31, s. 26. Aral ee it CLXXXVI. The several articles named or described in form schedule Ato | ; Z : : : be submitted A in section 193 hereof shall be deemed to be poisonous with- PHARMACEUTICAL ASSOCIATION. Chap. 9. 207 in the meaning of the provisions hereof, and the council of the 7approval association may, from time to time, by resolution, declare that ernonineaie: any article in such resolution named ought to be deemed a poison within the meaning hereof; and thereupon the said society shall submit the same for the approval of the Lieuten- ant-Governor in Council ; and if such approval shall be given: then such resolution and approval shall be advertised in the Manitoba Gazette, and on the expiration of two months from such advertisement, the article named in such resolution shall be deemed to be “poison” within the meaning hereof, and the same shall be subject to the provisious herein contained, or such of them as may be directed by the Lieutenant-Governor in Council. 41 V.c. 31, s. 27. CLXXXVII. It shall be unlawful to sell any poison named Pojson, how in the first part of Schedule A, either by wholesale or retail, unless the box, bottle, vessel, wrapper or cover in which such poison is contained be distinctly labelled with the name of the article and the word “ Poison ;” and if sold by retail, then also with the name and address of the establishment in which such poison is sold; and it shéll be unlawful to sell any poison mentioned in the first part of schedule A to any person un- known to the seller, unless introduced by,some person known to the seller ; and on every sale of any such article, the person actually selling the same shall, before delivery, make an entry in a book to be kept for that purpose in the form B in section 193 hereof, stating the date of such sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is stated by the purchaser to be required, and the name of the person, if any, who introduced him, to hae entry the signature of the purchaser shall be affixed. 41 .¢ 31, 8. 28. CLXXXVIII. Any person transgressing any of the provi- Penalties. sions herein contained, or selling any poison in violation there- of, shall, for the first offence, incur a penalty not exceeding one hundred dollars and costs of prosecution ; and for each offence committed oe to such conviction, a penalty not ex- ceeding two hundred dollars and costs of prosecution, to be re- covered in a summary manner before any justice of the peace ——one moiety to belong to the prosecutor, and the other to ae Majesty for the public uses of the Province. 41 V. c. 31, s. 29. CLXXXIX. In any prosecution hereunder, it shall be incum- 2 Prosect- bent on the defendant to prove that he is entitled to sell ‘SE dant required keep open shop for compounding medicines o: retailing poisons, °°” and to assume the title of chemist and druggist, or other like title to the like effect ; and the production of a certificate pur- porting to be under the hand of the secretary-treasurer and under the seal of the said association, showing that he is so en- ued, ea prima facie evidence that he is so entitled. 4] .¢. 31, s. 30. 208 Chap. 9. PHARMACEUTICAL ASSOCIATION, ee: CXC. No person selling articles in violation of the foregoing sions ofthis provisions shall recover any charges in respect thereof in any court of law or equity ; nor shall any branch drug business be carried on by a pharmaceutical chemist unless he employs in a duly registered pharmaceutical chemist. 41 V.c. 31, s. 1. - age. §«OXCT Nothing herein contained shall extend to interfere tentere with, With the privileges conferred upon physicians and surgeons by privileges ot any statute relating to the practice of medicine and surgery in Bnisurgcons, this Province; and they may be registered as pharmaceutical chemists without undergoing examination ; nor shall it prevent any person whatever from selling goods of any kind to any person legally authorized to carry on the business of an apothecary, ‘chemist or druggist, or the profession of a doctor of medicine, physician or surgeon; nor to veterinary sur- geons ; nor to prevent the members of such profession apply- ing to their patients such medicine as they may require: and upon the decease of any person legally authorized and actually carrying on the business of chemist and druggist at the time of his death, it shall be,lawful for the executors, administra- tors or trustee or trustees of the estate of such persons to con- tinue such business so long orily as such business shall be bona Jide conducted by a pharmaceutical chemist. 41 V.c. 31, s. Persons’ = ==CXCII. Upon the resolution of the council of the associa- names mayin,. Bog ‘i certain cases tion being passed declaring that any person, in consequence of beerased | his coniviction for any offence or offences against the provi- sister.’ sions hereof, is, in the opinion of such council, unfit to be on the register, the Lieutenant-Governor in Council may direct that the name of such person shall be erased from such regis- ter, and it shall be the duty of the secretary-treasurer to erase the same accordingly. 41 V. c. 31, s. 33. y,CXCIIL. The following are the forms or schedules referred to in sections 176, 182, 185,186 and 187 of division 5 of this chapter. FORM A. (Referred to vn Sections 185 and 186.) PART I. Schedule As Acid, Hydrocyanic (Prussic). Aconic; and compounds : thereof. Antimony, Tartrate of. Arsenic, and the compounds thereof. Atropine. ‘Conia, and the compounds thereof. Corrosive Sublimate. PHARMACEUTICAL ASSOCIATION. Chap. 9. 209 Digitaline. Ergot. _ Hemp, Indian. Morphia, and ita Salts and Solutions. Strychnine, and Nux Vomica. Savine, and preparations. Veratria. PART II. Acid, Oxalic. Belladonna, and the compounds thereof. Beans, Calabar. Cantharides. Chloral Hydrate. Chloroform. » Conium, and the preparations thereof. Croton Oil and Seeds. : Cyanide of Potassium. Euphorbium. Elaterium. Goulard Extract. Hyosciamus and preparations. Hellebore. Opium, with its preparations, including Laudan- um, &., but not Paregoric. j Podophyllin. St. Ignatius’ Beans. Santonine. Scammony. Stramonium and preparations. Verdligris. 14 PHARMACEUTICAL ASSOCIATION. Chap. 9. 210 » ‘068 ‘AID FT poyep“aoy “yue}SIS -qnevy Jo sepio Aq poseagy -se se pues drysooryuerdde pearog “Types TO ‘SL8T qsnSny ¢% ‘poyt}1eo pue poururexgy -oousmuog “38 LO “peo “GL ‘8 93 9 A FE TOpuN posuoory Sodruur ‘aV . “STV OO ‘smOT}RONTTeN’y - ‘oouopIsey “oure NT SSS © (947 worgges un 04 pasiofoyy ie ‘O NYOA anna Sonnet ‘zoseypornd ‘rogeyound jo _ ‘poarmbed st 41 a ene ‘roseyornd aye wossed jo oureyy ge BEEP oanyeUsig yorys roy osodan gq J pus cies . gooueyp fT IL EE, eR ee TEE ee ET (LET woroas wr 07 pautofogy) ‘d@ WU0d THE .MEDICAL PROFESSION. Chap. 9. 211 FORM D Schedule D. . | (Referred to vn section 182.) ‘ I hereby certify that C.-D. having first passed the examina- tion prescribed by the council of the pharmaceutical association of the Province of Manitoba (or having been in business prior to the “Pharmaceutical Act of 1878” as a licensed chemist and druggist, as the case may be), was on the ‘ day of duly registered as a pharmaceutical chemist, and is authorized to carry on the business of chemist and druggist in the Province of Manitoba, from the day of A.D. 188 to the day of A.D. 188 (Signed) E. F. Secretary-Treasurer of the Pharmaceutical Association of the Province of Mani- toba. [L.S.] And the sections in division 5 of this chapter may be cited as “ The Pharmaceutical Associatian Act of Manitoba.” Division 6. THE MEDICAL PROFESSION. Whereas, is is expedient to make provisions in respect of Preamble. medical practitioners in this Province ; therefore, CXCIV. The following persons, and no others, that is to say, Who consti- all persons being at the time of the passing of this Act in actual profession. practice of the profession of medicine, surgery and midwifery in this Province, and being duly registered according. to law, shall constitute the medical profession of the Province of Man-- toba. 40 V.c. 13,5. 1. CXCV. The medical profession of Manitoba is. hereby in- Nameand corporated under the name and style of “The College of Phy- near sicians and Surgeons of Manitoba,” and the said college of physicians shall be deemed to be and to have been, from the , third day of May, 1871,a body politic and corporate; and every person who may be registered hereafter under the pro- visions hereof, shall be a member of the college and the said corporation shall, by the said name, have perpetual succession Privileges of and a common seal, with power ‘to change, alter, break, or tion. make new the same ; and by the name aforesaid, may sue and be sued, implead and be impleaded, answer and be answered unto, in all courts and places. whatsoever, and may. have, hold, 212 Chap. 9. THE MEDICAL PROFESSION. receive, enjoy, possess, and retain for the purposes of said cor- poration all such sums of money as may at any time be given or bequeathed to and for the use of the same, and by the said name purchase, take, hold and enjoy any real estate, or any estate or interest derived or-arising out of real estate, for the purposes aforesaid, and for no other purpose; and may sell,. , grant, lease or otherwise dispose of the same; but the real es- tate so held by the said corporation shall at no time exceed in annual value the sum of five thousand dollars. 40 V. ¢. 15, 8. 2; 34 V. c. 26, 8. 3. nea CXCVI. The affairs of the said college of physi¢ians and surgeons shall be managed by a medical board, under the name of “The medical board of Manitoba.” 40 V. c. 13, s. 3. ofwhat com CXCVIL. The medical board of Manitoba shall be composed as follows: of one member to be chosen from every college or body in the Province which may be hereafter authorized to establish a medical faculty in connection therewith, and which may be affiliated to any university in the Province, or in any province of the Dominion of Canada, and of five members to be elected by the duly registered members of the profession. 40 V. c. 13, 8. 4 queetion at CXCVIIL The ‘members of such medical board shall be elected or appointed, as the case may be, for the period of five years; but any member may resign his appointment at any time by letter addressed to the president er registrar of the board ; and upon the death or resignation of any member of the board, it shall be the duty of the registrar forthwith to Powers. notify the college or body wherein such vacany may occur of such death or resignation ; and such college or body shall have power to nominate another qualified person to fill such va- cancy ; and it shall be lawful forthe board, during such va- cancy, to exercise the powers hereinafter mentioned. 40 V. c. 13, s. 5. Elections. CXCIX. Every election for the five members to represent the duly licensed and registered practitioners shall take place on the second Tuesday of June, in the city of Winnipeg, for and until the full end and term of five years, and until their successors are appointed; and the first election shall take place on the second Tuesday of June, 1877. 40 V.c. 13,5.6. Boone. of CC. The newly elected members of the medical board, as ; well as the members of the board to be hereafter elected, shall, together with the members to be appointed by the -several colleges and bodies as mentioned in section 197, hold their meetings at such time and place as may be fixed by by-law or resolution of the board. 40 V. c 13, s. 7. Practitioners. CCI. All members of the board shall be practitioners duly registered according to law. 40 V.c. 13, «. 8. YO THE MEDICAL PROFESSION, Chap. 9. 213 CCII. The persons entitled to vote at any election, shall be ven all duly registered practitioners. 40 V.c. 13,8. 9. CCIII. The medical board shall meet and organize on the Salaries. day next after their election by appointing from amongst their members a president, a vice-president, and a registrar, and such other officers from amongst the duly licensed practitioners as may: from time to time be necessary for the working of the corporation, who shall hold office during the pleasure of the board; and the said board shall have power to fix by by-law or resolution from time to time, the salaries or fees to be paid to any of such officers, and to the committee of examiners hereinafter appointed. 40 V. c. 13, s. 10. CCIV. The medical board may, from time to time, submit 2 came to a general meeting of the duly licensed practitioners conven- ed for that purpose, a tariff of professional fees ; and upon such tariff of fees receiving the approval of a majority of such meeting, the same shall be held to be prima facie a “scale of reasonable charges.” 40 V. ¢. 13, 5. 11. CCV. The board shall from ‘titne to time, as occasion may Regulations. require, make orders, regulations or by-laws for regulating the registers to be kept, under the provisions hereof, and the fees to be paid for registration, and shall from time to time make rules and regulations for the guidance of the committee of ex- Election. aminers, and may prescribe the subjects and mode of examin- ations, the time and place of holding the same, and generally make all such rules and regulations in respect of such exam- inations or other matters not contrary to law, as they may deem expedient and necessary. 40 V.c¢. 13,5. 12. CCVI. At the first regular meeting of the medical board, Examiners. such board may make by-laws and regulations respecting the mode and manner in which elections shall be conducted there- after, not contrary to law; and the said board may, as soon after as practicable, and at the annual meeting in each year thereafter, select and appoint a committee of examiners, whose duty it shall be at least once in each year to examine all can- didates for registration, in accordance with law, and with the rules and regulations of the board in that behalf: such by- laws, rules and regulations to be submitted to the approval of the Lieutenant-Governor in Council. 40 V. ¢. 13,5. 13. _ CCVIL. The committee of evaminers appointed under the Committee of preceding section shall be composed as follows: one member for each of the schools of medicine in. the Province which may beshereafter organized in connection with any university or college which is empowered by law to grant medical or surgi- cal diplomas, and a number, not exceeding five members, to be, chosen from among the members of the college of physicians: of Manitoba who are unconnected with any of the above. teaching bodies. 40 V.c. 13, s: 14, 214. Register book Who shall practise. Duty_of regis- trar. Possessors] of diplomas. What" requir- ed to practise. Registrar’s] es. Chap. 9. THE MEDICAL PROFESSION. CCVII[. The medical board shall cause to be kept by the the registrar a book or register in which shall be entered the name of every person registered according to law ; and from time to tire, the names of all persons who shall have passed a satisfactory examination according fo law and the rules and re- gulations in that behalf ; and those persons only whose names have been or shall hereafter be inscribed on the book or regis- ter aforesaid shall be deemed to be qualified and licensed to practice medicine, surgery or midwifery in the Province of Manitoba, except as hereinafter provided : and such book or register shall be prima facie evidence in all courts that the persons therein specified are registered according to law ; and such book or register shall at all times be open and subject to inspection by any duly registered practitioner in Manitoba. 40 V. c. 13, s. 16. C'CIX. It shall be the duty of the registrar to keep his regis- ter correct in accordance with the provisions hereof and the rules, orders and regulations of the medical board. 40 V.c. 13, gs. 15. . CCX. Every person who possesses any medical degree or diploma in any university or college which is empowered by law to grant medical or surgical degrees whereby such person is authorized to practice physic, surgery or midwifery in any of Her Majesty’s dominions, such person shall on payment of a fee to be fixed by by-law of the board, not exceeding ten dol- lars, be entitled to be registered on producing.to the registrar the document conferring or evidencing the qualification, or each of the qualifications, in respect whereof he seeks to be so registered ; provided, however, that no one, already registered according to law, in this Province shall be liable to pay any fee for being registered under the provisions herein contained. 40 V.¢. 13,58. 17. CCXI. Every person desirous of being registered under the provisions herein contained, and who shall not have become possessed of any of the qualifications mentioned in the next preceding section, shall, before being entitled to registration, present himself for examination as to his knowledge and skill for the efficient practice of his profession, before the committee of examiners herein provided for ; and upon passing “the exa- mination required, and proving to the satisfaction of the com- mittee of examiners that he has complied with the rules and regulations made by the medical board, and on payment of such fees as the medical board may by general by-law esta- blished, such person shall be entitled to be registered, and, in virtue of such registration, to practice medicine, surgery and midwifery in the Province of Manitoba. ‘40 V. c. 13, s, 18. CCXII. Each member of the college shall pay to the regis- trar or to any person deputed by the registrar to receive it, a fee of five dollars a year or such annual fee as may be deter- mined by by-law of the board, not less than two dollars, towards THE MEDICAL PROFESSION. Chap. 9. 215 the general expenses of the college; which said annual fee shall be payable on the first day of January in any year the same may be imposed ; and such fee shall be deemed to be a debt due by the member to the college, and recoverable, with costs of suit, in the name of the corporation, 40 V.c. 13, s. 19. COXIIL. Any person obligated to be registered according to Omitting to law, but who shall neglect or omit.to be registered shall not be entitled to any of the rights and privileges conferred by regis- tration, so long as such neglect or omission continues ; and he shall be liable to all the penalties imposed by law against un- qualified or unregistered practitioners. 40 V.c, 13, s. 20. CCXIV. If the registrar make or cause to be made any wil- Registrar's ful falsification in any matter relating to the register, he shall incur a penalty of fifty dollars, and shall be disqualified from again holding that position, 40 V.¢ 13,s. 21. “CCXV. Every person registered, who may have obtained Registration any higher degree, or any qualification other than the qualifi- gree. cation in respect of which he may have been registered, shall be entitled to have such higher degree or additional qualifica- tion inserted in the register in substitution for, or in addition to, the qualification previously registered, on payment of such fee as the board may appoint. 40 V.c. 13, s. 22. CCXVI. No qualification shall be entered on the register, Registrar to either on the first registration or by way of addition to a re- qualification. gistered name, unless the registrar be satisfied by proper evi- dence that the person claiming is entitled to it; and any ap- peal from the decision of the registrar may be decided by the medical board; and any entry which shall be proved to the satisfaction of the board to have been fraudulently or incor- rectly made, may be erased from the register by an order in writing from the board: provided always that in the event of - the registrar being dissatisfied with the evidence by the person claiming to be registered, he shall have the power, subject to an appeal to the board, of refusing the said registration, until the person claiming to be registered shali have furnished such evidence, duly attested by oath or aftirmation, before any judge of the court of Queen’s Bench.- 40 V. ¢. 13, s. 23. CCXVIL Every person who shall be duly registered shall Rights of re« be entitled, according to his qualification or qualifications, to” , practise medicine, surgery or midwifery, or any of them, as the case may be, in the Province of Manitoba, and to demand and ’ recover in any court of law, with full costs of suit, “reasonable charges” for professional aid, advice and visits, and the costs of any medicine or other medical or surgical appliances render- ed or supplied by him to his patients. 40 V.¢. 18, s. 24. CCXVIII. The medical board shall have power and author- Appoint ity to appoint an examiner or examiners for the admission of all students to matriculation or preliminary examination, and 216 Chap, 9, THE MEDICAL PROFESSION, to make by-laws and regulations, not contrary to the provi- sions of this or any other act, for determining the admission enrolment of students; and it shall be lawful for the board, from time to time, as it may be deemed expedient, to enact by-laws as to the terms upon which it will receive the matricu- lation and other certificates of colleges and other institutions not in the Province of Manitoba: provided, however, that any graduate or any student having matriculated in any universi- ty in Her Majesty’s dominions, shall not be required to pass the preliminary examination. 40 V.c. 18,8. 25. — sea == CCXIX, The medical board shall have power and authority board. to fix and determine, from time to time, a curriculum of studies to be pursued by the students, and such curriculum of studies shall be observed and taught. ' Gerecoxery — CCXX. No person shall be entitled to recover any charge in any coutt of law for any medical or surgical advice, or for at- tendanee, or for the performance of any operation, or for any medicine which he shall have prescribed or supplied, unless he is registered in pursuance of the provisions hereof ; nor can he receive any public appomtment asa physician and surgeon ; provided, however, that this section shall not extend to the sale of any drug or medicine by any duly licensed chemist and drug- gist. 40 V.c. 13, 8. 27. eine CCXXI. a. It shall not be lawful for any person not regis- ; , tered to practise physic, surgery or midwifery in the Province of Manitoba for hire, gain or hope of reward ; and if any person not registered shall for hire, gain or hope of reward, practise or profess to practise physic, surgery, midwifery, or advertise to give advice in physic, surgery or midwifery in the Province of Manitoba, he shall upon a summary conviction’ thereof before any justice of the peace of the county wherein the offence is committed, for any and every of such offence, pay a penalty not exceeding one hundred dollars nor less than twenty-five dol- lars ; Leno b, Any person who shall wilfully or falsely pretend to be a physician, doctor of medicine, surgeon or general practitioner, or shall assume a title, addition or description other than he actually possesses and is legally entitled to, shall be liable, on conviction thereof, before any justice of the peace having juris- dietion where the offence is committed, to a penalty not exceed- ing fifty dollars ; ' ¥ Further pen- ¢, Any person not registered who shall take or useany name. : title, addition or description implying or calculated to lead peo- ple to infer that he is registered or that he is recognized by law as a physician, surgeon, accoucheur, or a licentiate in medicine, surgery or midwifery, shall be liable, upon a summary conviction thereof before any such justice of the peace as aforesaid, to pay any penalty not exceeding one hundred dollars, nor less than twenty-five dollars ; ; as THE MEDICAL PROFESSION. _ Chap. 9. 217 d, In any such prosecution and trial the burden and proof as oe to registration shall be upon the person charged ; e, All prosecutions under the provisions hereof may be Peosecunicay brought and heard before any justice of the peace having juris- diction where any such offence has been committed ; and such justice of the peace shall have power to award payment of costs “in addition to the penalty ; and in case the penalty and costs . awarded by him or them be not upon conviction forthwith paid, to commit the offender to the common gaol, there to be imprisoned for any term not exceeding one month, unless the penalty and costs be sooner paid ; , j. Any person convicted as aforesaid who shall give notice of Aneel se appeal against the decision of the convicting justice shall be required, before being released from custody, to give to said justice satisfactory security for the amount of the penalty, costs of conviction and appeal. 40 V.c. 13, s, 28. CCXXIL All penalties recoverable in manner aforesaid ahall Fommitles:, be paid to the convicting justice, and by him paid to the regis- whom. trar of the college and shall form part of the funds thereof ; any person may be prosecutor or complainant ; and the medi- cal board may allot such portion of the penalties recovered as may be expedient towards the payment of such prosecution ; provided always that every such prosecution shall be com- menced within one year from the date of the alleged offence ; and it ishereby provided that it shall be lawful for the medical board, by an order signed by the president, having the seal of the college appended thereto, to stay proceedings in any such prosecution hele it may be deemed expedient. 40 V. c. 13° 8. 29. CCXXII. In all cases where proof of registration aforesaid Copy of regis is required to be made, the production of a printed or other ~ copy of the register, certified under the hand of the registrar of the medical board for the time being, shall be sufficient evi- dence of all persons who are registered practitioners, in lieu of the production of the original register ; and any certificate upon such printed or other copy of the register, purporting to be sign- ed by any person in his capacity of registrar, shall be prima facie evidence that such registrar is such registrar, without any proof of his signature or of his being in fact such registrar. 40 V. c. 13, 8. 30. CCXXIV. The words “ legally qualified medical practition- Interpreta- ers,” or “ duly qualified medical practitioners,” or any other a word importing legal recognition of any person as a medical practitioner or member of the medical profession, when used in reference to law, shall be deemed to apply and shall be con- strued to mean a person registered according to the laws of this Province. 40 V. c¢. 13,5. 31. 218 Chap. 9.. JOINT STOCK COMPANIES. CCXXYV, The sections in division 6. of this chapter may be cited as “ The Manitoba Medical Act.’ 40 V.c. 13,8. 34. Division 7. THE INCORPORATION OF JOINT’ STOCK COMPANIES BY LETTERS PATENT AND THEIR POWERS. seaetees CCXXVI. The Lieutenant-Governor in Council may, by let- Ut-Gov. in “ ters patent under the great seal of the Province, grant a charter . to any number of persons not less than five who shall petition therefor, constituting such persons and others who may become shareholders in the company thereby created, a body corporate and politic, for any purposes or objects to which the legislative authority of the Legislature of Manitoba extends, except the Except rail construction and working of railways and the business of insur- ‘surances. ance, and the buying and selling of lands ; provided always that the capital stock of any such company shall not at any time exceed the amount of five hundred thousand-dollars. 38 | Vic. 28,5. 3. S Notice tobe CCXXVII. The applicants for such letters patent must give : at least one month’s previous notice in the Manitoba Gazette of their intention to apply for the same,stating therein : (1.) The propased corporate name.of the company, which shall not be that of any other known company, incorporated or unincorporated, or any name liable to be unfairly confound- ed therewith, or otherwise, on public grounds objectionable ; (2.) The object for which the incorporation is sought ; (3.) The place or places within the Province of Manitoba where its operations are to be carried on, with special mention if there be two or more such places, or some one of them as its chief place of business ; (4.) The amount of its capital stock ; (5.) The number of shares, and amount of each share ; (6.) The names in full and the address and calling of each of the applicants, with special mention of the names of not less than three nor more than nine of their number who are to be the first directors of the company. 38 V.c. 28, s. 4 Petition for CCXXVITI. At any time not more than one month after letters patent. the last publication of such notice, the applicants may petition the Lieutenant-Governor, through the Provincial Secretary, for the issue of such letters patent :, (1.) Such petition must state the facts required to be set JOINT STOCK COMPANIES. Chap. 9. 219 forth in the nctice, and must further state the amount of stock taken by such applicant, and also the amount, if any, paid in upon the stock of each applicant ; (2.) The petition shall also state whether the amount is paid in cash or transfer of propecty, or how otherwise ; (3.) In case the petition is not signed by all the sharehold- ers whose names are proposed to be inserted in the letters pa- tent, it shall be accompanied by a memorandum of association, signed by all the parties whose names are to be so inserted, or by their attorneys duly authorized in writing, and such mem- orandum shall contain the particulars required by the next preceding sub-section ; (4.) The petition may ask for the embodying in the letters patent of any provision which otherwise under the provisions ‘ hereof might be embodied in any by-law of the company when incorporated, 38 V.c. 28,8. 5. CCXXIX. Before the letters patent are issued, the appli- rea ed cants must establish to the satisfaction of the Provincial Sec- ficiency of no- retary, .or of such other officer as may be charged by the proposed Lieutenant-Governor in Council to report thereon, the suffi- name of the ciency of their notice and petition, and that the proposed name “°™P#2Y- is not the name of any other known incorporated or unincor- porated company : (1.) And to that end. the Provincial Secretary, or such other Evidence to. officer may take and keep of record any requisite evidence in Kept. writing under oath or affirmation or otherwise; and he or any justice of the peace or commissioner for taking affidavits in the court of Queen’s Bench, may administer every requisite oath or affirmation. 38 V.c., 28, s. 6. CCXXX. The letters patent shall recite all the material Letters pa averments ot the notice and petition as so established. 38 V. all material c. 28, s. 7. hoticoand 4 petition. CCXXXI. Notice of the granting of the letters patent shall Notice of be forthwith given by the Provincial Secretary in the Mani- given in offi- toba Gazette in the form of schedule A in section 284; and Bice eees from the date of the letters patent the persons therein named Parties there- and their successors shall be a body corporate and politic by shall be body the name mentioned therein. 38 V.c. 28, s. 8. erates CCXXXII. In case it should be made to appear that any eee company is incorporated under the same name, or under a name ¢papge mame similar to that of an existing company, it shall be lawful for not to affect’ the Lieutenant-Governor in Council to direct the issue of sup- Sbligations of plementary letters patent reciting the former lettersand chang-°°™P4"9 ing the name of the company to some other name to be set forth in the supplementary letters patent ; and no such altera- tion of name shall affect the rights or obligations of the com- 220 Chap. 9, JOINT STOCK COMPANIES. pany ; and all proceedings may be continued and commenced y or against the company by its new name that might have been continued or commenced by or against the company by its former name ; and the court of Queen’s Bench may compel an application under this section whenever a company impro- perly assumes the name of, or a name similar to, that of an existing company. 38 V.e. 28, s, 9. Company COXXXIII, Every company so incorporated may acquire, and hold and hold, alienate and convey any real estate requisite for the car- veth veal and Frying on of the undertaking of such company ; and shall forth-" rei with become and be invested with all rights, real and personal, heretofore held, by or for the company, under a trust created with a view to its incorparation, and with all the powers, pri- vileges and immunities requisite to the carrying on of. its un- dertaking, as though the company had been incorporated by a special Act of the Legislature, making the company a body politic and corporate, and embodying all the provisions herein contained and of the letters patent. 38 V. c. 28, s. 10. Bee CCXXXIV. The directors of the company, if they see fit at bylawsto any time, may make a by-law, subdividing the existing shares shares. into shares of a smaller amount. 38 V.c. 28,8. 11. grease capital OCCXXXV. The directors of the company, if they see fit at ' stock, any time, after the whole capital stock of the company shall have been taken up, and fifty per eentum thereon paid in, but not sooner, may make a by-law. for increasing the capital stock of the company to any amount which they may consider re- quisite to the due carrying out of the objects of the company. 88 V.c. 28, s. 12. CCXXXVI. Such by-law shall declave the number and value of the shares of the new stock ; and may prescribe the manner in which the same shall be allotted ; and in default of its so doing the control of such allotment shall be held to vest abso- lutely in the directors. 38 V. c. 28, 8,12. And te os CORSAVIL Tho directors of the company, if they see fit at lecrease capi- : Z ; talstock. any time, may make a by-law for decreasing the capital stock of the company to any amount which they may consider sufli- cient in order to the due carrying out of the undertaking of the company, and advisable ; but such by-law shall declare the number and value of the shares so decreased and the allotment thereof, or the rule or rules by which the same shall be made. 38 V. c. 28, s. 13. Sharebolders CCXXXVIII. But no by-law tor increasing or decreasing increase or the capital stock of the company, or subdividing the shares, decreaserock Shall have any force or effect whatever, until it shall have been or sub-divi- |, sancticned by a yote of not less than two-thirds in value of by two-thirds the shareholders at a general meeting ot the company, duly in valuevote- called to consider the same, and afterwards confirmed by sup- plementary.letters patent. 38 V. c, 28, s. 14. JOINT STOCK COMPANIES. — Chap. 9. 221 CCXXXIX. The liability of the shareholders to persons who were, at the time of the reduction of the capital, erditors of the company, shall remain as though the capital had not been decreased. 88 V. c. 28, s. I4. CCXL. At any time not more than six months after such Pitectors sanction of such by-law the directors may petition the Lieut- Lt Gov. for enant-Governor, through the Provincial Secretary, for the issue tary letters of supplementary letters patent to confirm the same : Geers (1.) With such petition they must produce such by-law and establish to the satisfaction of the Provincial Secretary or of such other officer as may be charged by order of the Lieuten- ant-Governor in Council to report thereon, the due passing and sanction of such by-law ;.and if the petition is in respect of increase or decrease of capital, the bona fide character of the increase or decrease of the capital thereby provided for ; and that notice of the application for supplementary letters iy has been inserted for one month it the Manitoba azette ; (2.) And io that end the Provincial Secretary or such other officer, may take and keep of record any requisite evidence in writing under oath or affirmation or otherwise; and he or any justice of the peace, or commissioner aforesaid, may administer every requisite oath or affirmation. 88 V. c, 28, s. 15. CCXLI. Upon the due proof of the same being so made, the HtGov. (on Lieutenant-Governor in Couneil, may grant such supplementary grant supple- letters patent under the great seal of the Province ; and notice ters patent. thereof shall forthwith be given by, the Provincial Secretary in Hoties to be the Manitoba Gazette in the form of schedule B insection 284 ; Frov. Sec. in and thereupon, from the date of the supplementary letters patent the shares shall be subdivided, or the capital stock of the com- pany shall .be and remain increased or decreased, as the case may be, to the amount, in the manner and subject to the con- ditions set forth by such by-law; and the whole of the stock, as so increased or decreased, shall become subject to the pro- visions hereof in like manner, (so far as may be) as though every part thereof had formed part of the stock of the com- pany originally subseribed. 35 V. c. 28, s. 16. CCXLIL All powers given to the company by the letters All powers $ oes ¢ . » subject patent granted in its behalf, shall be exercised, subject to the strictions and provisions and restrictions herein contained. 38 V.c. 28, 8. Pawaceas 17. CCXLUL The affairs of every such company shall be man- ares aged by a board, of not less than three, nor more than nine, bow managed directors. 38 V.c. 285.18, ‘ CCXLIV. The persons named as such in the letters patent dre Be shall be the directors of the company, until replaced by others the company, ' duly appointed in their stead. 38 V. c. 28, s. 19. ' f 222 Chap. 9. JOINT STOCK COMPANIES. Directors to CCXLV. No person shall be elected or appointed a director, ers. unless he isa shareholder, owning stock absolytely-in his own right, and not in arredr in respect. 6f any calls thereon. 38 V. c. 28, s. 20. Pirectors to = CCXLVI. The directors of. the company shall be elected by the shareholders in general meeting’ of the company assembled at some place within the Province, at such times, in such wise, and for such terms, not exceeding two years, as the letters pa- tent, or (in default thereof) the by-laws of the company, may prescribe. 38 V.c. 28,5. 21. Mode of elec- CCXLVIL. In default of other express provisions in such be- : half by letters patent or by by-laws of the company : (1.) Such election shall take place yearly, all the members of the board retiring and (if otherwise qualified) being eligible for re-election; , (2.) Notice of the time and place for holding general meet- ings of the company shall be given at least thirty days previ- ously thereto, in some newspaper published at or as near as may be to the office or chief plaee of business of the company ; (3.) At all the general meetings of the company every share- holder shall be entitled to as many votes as he owns shares in the company, and may vote by proxy ; (4.)Elections of directors shall be by ballot ; (5.) Vacancies occurring in the board of: directors may, un- less the by-laws otherwise direct, be filled for the unexpired remainder of the, term, by the board; from among the qualified shareholders of the company ; (6.) The directors shall, from time to time, elect from among themselves a president of the company ; and shall also appoint and may remove at pleasure all other officers thereof. 38 V.c. 28, 8, 22. Failureto | CCXLVIII. If at any time an election of directors be not howreme- made, or do not take effect at the proper time, the company alot: shall not be held to be thereby dissoled ; but such election may . take place at any general meeting of the company duly called for that purpose ; and the retiring’ directors shall continue in office until their successors are elected. 38 V. ¢. 28, 8. 23. Powersand § ©CXLIX. The directors of the company shall have full power rectors. in all things to administer the affairs of the company ; and may make, or cause to be made for the company, any description of contract which the company may, by law, enter into; and may, By-laws. from time to time, make by-laws, not contray to law, nor : to the letters patent of the company, to regulate the allotment of stock, the making of calls thereon, the payment thereof, \ 1 JOINT STOCK COMPANIES. Chap. 9. 223 the issue and fegistration of certificates-of stock, the for- feiture of stock for hon-payment, the disposal’ of forfeited stock and of the proceeds thereof, the transfer of stock, the, declaration and payment of dividends, the number of the directors, their term of serviee, the amount of their stock qua- lification, the appointment, functions, duties and removal of all agents, officers and servants of the company, the security to be given by them to the company, their remuneration, the time at which and place where the annual meetings of the com- pany shall be held, the calling of meetings, regular and special, of the board of directurs and of the company, the quorum, the requirement as to proxies, and the procedure in all things at such meetings, the imposition and recovery of all penalties and forfeitures admitting of regulation by by-law, and the conduct in all other particulars of the affairs of the company, and may, from time to time, repeal, amend, or re-enact the same ; but every such by-law,,and every repeal, amendment or re-enact- ; ment thereof, unless in the meantime confirmed at a general Cpnatmation meeting of the company duly called for that purpose, shall only have force until the next annual meeting of the company; and in default of confirmation thereat, shall, at and from that time only, cease to have force, and in that case no new by-law to the same or like effect shall have any force unfil confirmed at a general meeting of the company: provided always that Special zener one-fourth part in value of the shareholders of the company shall at all times have the right to call a special meeting there- of, for the transaction of any business specified in such written requisition and notice as they may issue to that effect ; provid- PisRosal of ed also that no by-law for the allotment or sale of stock at any greater discount, or at any less premium than -what has been previously authorized. at a general meeting, or for the pay- noumene ae ment of the president or any director, shall be valid or acted “rector. upon, until the same has been confirmed at a general meeting, or a special general meeting. 38 V. c. 28, s. 24 a ss $i og = Power toissue CCL. In case a by-law, authorizing the same, is sanctioned ponds, deben- by a vote of not less than two-thirds in value of the said tures and shareholders, then present in person or by proxy, at a general oe meeting or a special general meeting duly called for consider- ing the by-law, the directors mayborrow money upon the credit of the company, and issue the bonds, debentures and other se- curities of the company and maysellthe said bonds, debentures -or other securities atsuch pricesasmay be deemed expedient or be necessary ; but no such debentures shall be for a less sum than one hundred dollars ; and the directors may, under the like sanction, hypothecate, mortgage or pledge the real or personal property of the company to secure any sum or sums borrowed for the purposes thereof. 38 V.c. 28, s. 25. CCLI. A copy of any by-law of the company, under their Evidence of seal, and purporting to be signed by any officer of the com- pire pany, shall be received as prima facie evidence of such by-law jn all courts of law or equity in Manitoba. 358 V.¢, 98,8. 26. 224 Chap. 9. JUINT STOCK COMPANIES. Stock, person’ §=CCOLII. The stock of the company shall be deemed personal estate, and shall be transferable in such manner only, aad sub- , Ject to all such conditions and restrictions as heréin, or in the letters patent, or in the by-laws of the company are cantained. 38 V. c. 28, s, 27. 7 stocement of ~CCLIIL If the letters patent make no other definite provision ° the stock af the company, so far as it is not allotted thereby, shall be allotted when and as the directors by by-law or otherwise may ordain. 88 V. c. 28,8. 28. Calling in in CCLIV. The directors of company may call in and demand ' from the shareholders thereof, respectively, all sums of money by them subscribed, at such times and places, and in such pay- ments or instalments as the letters patent or the provisions hereof, or the ‘by-laws of the eompany may require or allow, and interest shall accrue and fall due at the rate of six per centum per annum, upon the amount of any unpaid call, from the day appointed for the payment of such call. 38 V. c. 28, s. 29. wine ace’ CCLV. Not less than ten per centum upon the allotted stock year. ot the comfpany shall, by means of one or more calls, be called in and made payable within one year from the incorporation of the company ; the residue when and as the by-laws of the company shall direct. 38 V.c. 28, 8. 30. Zaforcement, CCLVI. The company may enforce payment of all calls and calls by ac- interest thereon, by action in any competent court ; and in such action it shall not be necessary to set forth the special matter, but it shall be sufficient to declare that the defendant. is a holder of one share or more, stating the number of shares, and is indebted in the sum of money to which the calls in ar- rear amount, in respect of one call or more upon one share or more, stating the number of calls and the amount of each, whereby an action hath accrued to the company ; and a certi- ficate under their seal, and purporting to be signed by any of- ficer of the company, to the effect that the defendant is a share- holder, that such call or calls has or have been made, and that so much is due by him and unpaid thereon, shall be received in all courts of law and equity as prima facie evidence to that effect. 38 V.c. 28,8. 31. Forfeiture of CCLVII. If after such demand or notice as by the letters : patent or by-laws of the company may be prescribed, any call made upon any share or shares be not paid within such time as by such letters patent or by-laws may be limited in that behalf, the directors in their discretion, by vote to that effect, reciting the facts, the same being duly recorded in their min- utes, may summarily forfeit any share or shares whereon such payment is not made; and the same shall thereupon become the property of the company and may be disposed of as by by- laws or otherwise they shall ordain. 38 V.c¢. 28, 9. 32. JOINT STOCK COMPANIES. Chap. 9. 225 CCLVIII. No share or shares shall be transferable until all Restriction as previous calls thereon have been fully ;aid in, or until declared tions. forfeited for non-payment of calls thereon. 38 V. ¢. 28, 5, 33. CCLIX. No shareholder, being in arrear in respect of any prance der call, shall be entitled to vote at any meeting of the company. to vote. 38 V.c. 28, 8. 34. CCLX. The company shall cause a book or books to be kept Sire era by the secretary, or hy some other officer especially charged what to con- with that duty, wherein shall be kept recocded : (1.) A copy of the letters patent incorporating the company, and of any supplementary letters patent for increasing or de- creasing the capital stock thereof and of all by-laws thereof ; (2.) The names, alphabetically arranged, of all persons who are or have been shareholders ; (3.) The address and calling of every such person while such shareholder ; . (4.) The number of shares of stock held by each share- holder ; (5.) The amount paid in and remaining unpaid, respective- ly, on the stock of cach shareholder ; (6.) All transfer of stock in their order as presented to the company for entry, with the date and other particulars of each transfer, and the date of the entry thereof; and (7.) The names, addresses and calling of all persons who are or have been directors of the company, with the several dates at which each ever became, or ceased to be, such director. 38 V.c. 28, s. 35. CCLXI. The directors may refuse to allow the entry into Refusal to ene any such book of any transfer of stock whereon any call has calls not paid, been made which has not been paid in. 38 V. c. 28, s. 36. CCLXIL No transfer of stock, unless made by sale under Teanetay ya execution, shall be valid for any purpose whatever, save only tee as exhibiting the rights’ of the parties thereto towards each other, and as rendering the transferee liable ad interim joint- ly and severally with the transferer to the company and their creditors until the entry thereof has been duly -made in such book or books. 38 V. c. 28, s. 37. CCLXIII. Such books shall, during reasonable business Books 10 be hours every day except Sundays and holidays, be kept open spection. for the inspection of shareholders and creditors of the com- pany and their personal representatives, at the office or chief- 15 226 ‘ Chap. 9. JOINT STOCK COMPANIES. place of business of the company, and every such shareholder, Seas or representative may make extracts therefrom. 38 . & 28, 8. 38. ‘ Bobet he CCLXIV. Such books shall be prima facie evidence of all dence, facts purporting to be thereby stated, in any suit or proceed- ing ae the company or against any shareholder. 38 V. ¢. , 8. 39. PGnalty for _CCLXV. No director, officer, or servant of the company, shall knowingly make, or assist to make, any untrue entry in any such book, or shall refuse or neglect to make any proper entry therein; and any persons violating the provisions of this section shall, besides being punished criminally, be ‘lable in damages for all loss or injury which any person in- terested may have sustained thereby. 38 V. c, 28, s. 40. Hapity ici. = CCLX VI. Any directoror officer refusing to permit any person jow inspec. entitled thereto to inspect such book or books, or make extracts therefrom, shall forfeit and pay to the party aggrieved the sum of one hundred dollars ; and in case the amount be not paid within seven days after the recovery of a judgment, the court in which a judgment is recovered, or a judge thereof, may di- rect the imprisonment of the offender for any period not ex- ceeding three months, unless the amount with costs be sooner paid. 88 V.c. 28,8. 41. « ; List of share- CCLXVII. Every company incorporated under the provi- statements of Sions hereof shall, on or before the first day of February in affairs to be every year, make a list in triplicate (verified as is hereinafter re- withother quired) of all persons who on the thirty-first day of December particulars. a : ' previously, were shareholders of the company, and such list shall state the names alphabetically arranged, and the addresses and callings of such persons, the amount of stock held by them, and the amount unpaid thereon ; and shall also make out a summary, verified as hereinafter required, of the state of the affairs of the company on the thirty-first day of December pre- ceding, which shall contain the following particulars : (1.) The names and residences and post office addresses of the directors, secretary and treasurer of the company : (2.) The amount of the capital of the company, and the num- ber of shares into which it is divided ; ‘(3.) The number of shares taken from the commencement of the company up to the thirty-first day of December preceding the summary ; (4.) The amount of stock (if any) issued tree from call ; if none is issued, this fact to be stated ; (5.) The amount issued subject to call; JOINT STOCK COMPANIES. Chap, 9. 227 (6.) The amount of calls made on each share ; (7.) The total amount of calls received ; (8.) The total amount of calls unpaid ; (9.) The total amount of shares forfeited , (10.) The total amount: of shares which have never been al- lotted or taken up ; (11.) The. total amount for which shareholders of the com- pany are liable in respect of unpaid stock held by them, respec- tively : (12.) The said summary may also, after giving the informa- tion hereinbefore required, give in a concise form such futher information respecting the affairs of the. company as the direc- tors may consider expedient ; (13.) The said list and summary, and.every duplicate there- Mods of wit: of required by the provisions hereof, shall be written or printed on only one side of the sheet or sheets of paper containing the same ; (14.) The said list and summary shall be verified by the af- Verification fidavit of the president and secretary ; and if there be no such officers, or they or either of them are or is at the proper time out of the Province, or otherwise unable to make the same, by the affidavit of the president or secretary and one of the direc- tors, or two of the directors, as the case may require ; and if the president or secretary do not make or join in the affidavit, the reason thereof shall be stated in the substituted affidavit ; (15.) One of the duplicate lists and summaries, with the affi- fosting . davit of verification, shall be posted in the head office of the company in Manitoba on or before the second day of February ; and the company shall keep the same so posted until another list and summary shall be posted, under the provisions hereof ; and the other duplicate list and summary, with the affidavit of verification, shall be deposited with the secretary of the Pro-Beposit with . vince of Manitoba on or before the eighth day of February next after the time hereinbefore fixed for making of the same ; (16.) If any company makes default in complying with the Penalty for provisions of this section, such company shall incur a penalty , of twenty dollars every day during which default continues ; and every director, manager or secretary who shall knowingly and wilfujly authorize or permit such default shall incur the like penalty. 38 V.c. 28,5, 42. CCLXVIII. The company shall not be bound to see to the ee ieee execution of any trust, whether express, implied or construc- Tee tive, in respect of any share ; and the receipt of the shareholder ti 228 Contracts— when to be binding on company. Proviso as to notes, bank- ing and insu- rance. Not to pur- chase stocks in other cor- porations. Liability of shareholders. Limited amount of stock. Chap. 9. JOINT STOCK COMPANIES. ‘in whose name the same may stand in the books of the com- pany shall be a valid and binding discharge to the company for any dividend or money payable in respect. of such share, and whether or not notice of such trust has been given to the company ; and the company shall not be bound to see to the oy maa of the money paid upon such receipt. 38 V. ¢. 28, 8, 43. CCLXIX. Every contract, agreement, engagement or bargain made, and every bill of exchange drawn, accepted or endorsed, and every promissory note and cheque drawn or endorsed on behalf of the company by any agent, officer or servant of the company, in general accordance with his powers as such officer under the by-laws of the company or otherwise, shall be bind- ing upon the company ; and in no case shall it be necessary to have the seal of the company affixed to any such contract agreement, engagement, bargain, bill of exchange, promissory, note or cheque, or to prove that the same was made, drawn, accepted or endorsed, as the case may be, in pursuance of any by-law or special vote or order ; nor shall the party so acting as agent, officer or servamt of the company be thereby subject- ed individually, to any liability whatsoever to any third party therefor ; provided always that nothing herein contained shall be construed to authorize the company to issue any note pay- able to the bearer thereof, or any promissory note intended to be circulated as money, or as the note of a bank, or to engage in the business of banking or insurance or buying or selling land as aforesaid. 38 V.c. 28,8. 44. CCLXX. No company shall use any of its funds in the pur- chase of stock in any other corporation, unless expressly author- ized by a by-law confirmed at a general meeting. 38 V. ¢. 28, 8. 45. , CCLXXI. Hach shareholder, until the whole amount of his stock has been paid up, shall be individually liable to the cre- ditors of the company to an amount equal to that not paid up thereon, but shall not be liable to an action therefor by any creditor before an execution against the company has been re- turned unsatisfied in whole or in part, and the amount due on such execution shall, subject to the provisions of the next suc- ceeding section, be the amount recoverable, with costs, against such shareholders ; provided, that any shareholder may plead by way of defence, in whole or in part, any set-off which he could set up against the company except a claim for unpaid dividends, or a salary or allowance as a president or director. 38 V.c. 28, s. 46. CCLXXII. The shareholders of the company shall not as such be held responsible for any act, default or liability what- soever of the company, or for any engagement, claim, payment, loss, injury, transaction, matter or thing whatsoever, relating to or connected with the company, beyond the unpaid amount JOINT STOCK COMPANIES. Chap. 9. 229 of their respective shares in the capital stock thereof. 38 V. ¢. 28, s. 47. CCLXXIIL No person holding stock in the company as an fevsynaity li- executor, administration, tutor, curator, guardian or trustee, le shall be personally subject to liability as a shareholder ; but the estate and funds in the hands of such person shall be liable in like manner, and to the same extent, as the testator or intes- tate, or the minor, ward, or other interested person in such trust fund would be, if competent to act, and holding such stock in his own name ; and no person holding such stock as collateral security shall be personally subject to such liability ; but the person pledging such stock shall be considered as hold- ing the same, and shall be liable as a shareholder accordingly. 38 V.c. 28, s. 48. Mortgages. ‘ CCLXXIV. Every such executor, administrator, tutor, cur- BEAR THY, ator, guardian or trusuee, shall represent the stock in his hands” at all meetings of the company, and may vote accordingly as a shareholder ; and every person who pledges his stock may nevertheless represent the same at all such meetings, and may vote accordingly as a shareholder. 38 V. c. 28,5. 49. CCLXXV. The directors of the company shall not declare or (ability of pay any dividend when the company is insolvent, or any divi- lating a divi- dend, the payment of which renders the company insolvent, or company is diminishes’ the capital stock thereof; but if any director pre- "S222" °* sent when such dividend is declared do forthwith, or if any di- py ea rector then absent do within twenty-four hours after he shal] liability. become aware thereof, and able so to do, enter in the minutes of the board of directors his protest against the same, and within eight days thereafter publish the same in at least one newspaper published at, or as near as may be possible to, the office or chief place of business of the company, such director may thereby, and not otherwise, exonerate himself from liabili- ty. 38 V.c. 28,s. 50. \ CCLXXVI. The directors of the company shall be jointly ability of : directors for * and severally liable to the laborers, servants and apprentices wages. si! thereof (excluding the officers ot the company) for all debts not exceeding one year’s wages due for services performed for the company whilst they are such directors respectively ; but no director shall be Hable for an action therefor, unless the company has been sued therefor within one year after the debt became due, nor yet unless suea director is sued therefor with- in one year from the time-wiizn he ceased to be such director, nor yet before an execution a :ainst the company has been re- turned unsatisfied in whole or in part; and the amount due on such execution shall be the amount recoverable with costs against the directors. 38 V.c. 28, s. 52. CCLXXVII. Any description of action may be prosecuted Actions be- : : tween com- and maintained between the company and any shareholder pany and thereof. 38 V. ¢. 28,5. 54 abaxeholder 230 Forfieture of charter for - non-user. Future legis- lation. Chap. 9. JOINT STOCK COMPANIES. CCLXXVIII. The charter of the company shall be forfeited by non-user during three consecutive years at any one time, or if the company do not go into actual operation within three ayears after it is granted ; and no declaration of such forfeiture by any Act of the Legislature shall be deemed an infringement of such charter. 38 V.'c. 28, s. 56. CCLXXIX. The company shall be subject to such further and other provisions as the Legislature of Manitoba may here- after deem expedient, in order to secure the due management of its affairs and the protection of its shareholders and credi- tors. 38 V.c. 28,8. 57. CCLXXX. The Lieutenant-Governor in Council may, from Fees on let- siento be : time to time, establish, alter and regulate the tariff of the fees incouncil. to be paid on application for letters patent and supplementary letters patent under the provisions hereof, and he may desig-_. nate the department or departments through which the issue thereof shall take place, and may prescribe the forms of pro- ceeding and record in respect. thereof, and all matters requisite for the carrying out the ohjects of the provisions herein con- tained, and such fees may be made to vary in amount, under any rule or rules—as to the nature of company,amount of cap- ital and otherwise—as may be deemed expedient ; and no steps shal] be taken in any department towards the issue of any let- ters patent or supplementary letters patent, under the provi- sions hereof, until the amount of all fees therefor shall have been duly paid. 38 V. c. 28, s. 58. , Soe CCLXXXI. Any company, for purposes or objects within being formed the scope of the provisions herein contained, heretofore incor- under this Act. porated, whether under a special or general Act and now being a subsisting and valid corporation, or in respect of which pro- ceedings for incorporation are now being had under which it may hereafter become incorporated, may apply for letters pa- tent under the foregoing provisions ; and the Lieutenant-Go- vernor in Council, upon proof that notice of the application has been inserted for four weeks in the Manitoba Gazette, may di- rect the issue of letters patent incorporating the shareholders of the said company as a company under the foregoing provi- | sions, and thereupon all the rights and obligations of the former company shall be transferred to the new company, and all pro- ceedings may be continued or commenced by, or against the new company that might have been continued’ or commenced by, or against the old company ; and it shall not be necessary in any such letters patent to set out the names of {the share- ‘ holders ; and after the issue of the letters patent the company Wherein notice given shall be goverried in all respects by the provisions hereof, ex- cept that the liability of the shareholders to creditors of the old company shall remain as at the time of the issue of the letters prtent. 38 V.c. 28, s, 59. CCLXXXII. Where a notice has been duly published accord- ofintentiontoing to the rules of the Legislative Assembly, that an applica- JOINT STOCK COMPANIES. Chap. 9. 231 tion would be made to the Legislature at its then next session apply for an for an Act incorporating any company, the incorporation where- mens this ses- of issought for objects for which incorporation is authorized” ~~ by the provisions hereof, and in contemplation of its passing, a notice of an application for incorporation under the foregoing provisions shall not be necessary ; and the Lieutenant-Gover- nor in Council, upon the report of the proper minister or officer, that proof has been furnished, that the other requirements hereinbefore contained have been complied with, may grant a charter of incorporation to such company ; in any application under this section the facts required to be stated in the petition may be verified in any manner that the Provincial secretary, or other officer charged to report thereon, may deem sufficient, and in such case it shall not be requisite that the petition should be signed by all the shareholders, to be named in the letters patent, or that the memorandum of association or other particulars should be in accordance with the requirements here- inbefore contained. 38 V.c. 28, s. 60. CCLXXXIII. Proof of any matter which may be necessary §2%y aman. to be made hereunder, may be by affidavit before any justice Vit. : of the peace or commissioner for taking affidavits, who are hereby authorized and empowered to administer oaths for that purpose ; or otherwise as the Provincial secretary or other of- ficer shall think proper. 38 V.c¢ 28,s. 61. CCLXXXIV. The following are the schedules A and B re- ferred to in sections 231 and 241 ; and the sections in division 7 of this chapter may be cited as “ The Manitoba Joint Stock Companies Incorporation Act.” SCHEDULE A. (Referred to im section 231.) Public notice is hereby given that under the statute in that behalf, letters patent have been issued under the great seal of the Province of Manitoba, bearing date the - day of incorporating (here state the name, address and evlling of each corporator named in the letters _tent) for the purpose of (here state the undertaking of the com- pany, as set forth in the. letters patent) with a total capital stock of ‘ dollars, divided into shares of r each. Dated at the office of the Provincial Secretary of Manitoba, this ‘day of ae A.B. Provincial secretary. 232 Corporation. Exception, Who may be admitted to practice. Chap. 9. LEGAL PROFESSION. SCHEDULE B. (Referred to in section 241.) Public notice is hereby given that under the statute in that behalf supplementary letters patent have been this day issued under the great seal of the Province of Manitoba, bearing date the day of , whereby the:total capital stock of (here state the name of the company) is. increased (or decreased as the case may be) from dollars to dollars, (or whereby the capital stock of the company of shares 3 each is subdivided into shares of 3 each.) ‘Dated at the office of the Provincial secretary of Manitoba this day of A. B. Provincial secretary. Division 8. LEGAL PROFESSION. CCLXXXV. The following persons, that is’ to say, all per- sons having been duly admitted to the bar, and being on the 28th day of February, 1877, in actual practice of the legal pro- fession in this Province, and all others who may become mem- bers of the law society under the provisions herein contained, shall be and are hereby incorporated by the name and style of “the Law Society of Manitoba,” and by that name shall have perpetual succession, and may sue and be sued in any courts, and have and use a common seal, and be capable, by law, to make and receive all deeds, conveyances, assignments and con- tracts necessary to carry into effect the provisions hereof, and to promote the objects and designs of the said corporation. 40 V.c. 14,5. 1. CCLXXXVI. Except the persons above named, the following persons and no others, may be admitted to practise at the bar in any of Her Majesty’s courts at law or in equity of the Pro- vince of Manitoba : (1.) Any person of the age of twenty-one years, who, hav- ing been entered of and admitted into the law society of Man- itoba as a student of the laws, has been standing on the books * thereof for five consecutive years and has conformed himself to the rules of the said society: provided, always, that any student of the law under articles to any practising attorney in this Province on the 28th day of February, 1877, shall be en- tered of and admitted to the law society as an articled clerk and student at law under articles, of the standing that hé has LEGAL PROFESSION, Chap. 9 233 actually served ; and upon completing the unexpired portion of the term of five years, required under this Act, under arti- cles and otherwise conforming to the rules of the said law so- ciety, may be admitted to practise at the bar in any of Her Majesty’s courts of law or equity in the Province of Manitoba; (2) Any person who has taken the degree of bachelor or mas- ter of arts, or bachelor of law, in any of the universities of Great Britain or Ireland, of any university or college in the Dominion of Canada, having power to grant degrees, of the full age of twenty-one years, and who has heen entered of, and admitted into, and been standing on the books of the society as a stu- dent of the laws for three consecutive years, and has conform- ed himself to the rules thereof ; . (3.) Any person who has been duly called to the bar of any of Her Majesty’s superior courts of law or equity in any of the provinces of the Dominion of Canada, or in England, Scotland or Ireland, and who produces sufficient evidence of such call, and testimonials of good character, upon undergoing an exami- nation in laws of Manitoba to the satisfaction of the law socie- ty ; provided always, that it shall be competent for the bench- ers of the said society, on a special and proper case being made for that purpose, to pass or refuse to pass any person, on his undergoing a final examination for an attorney, or for the de- gree of barrister, or for both the one and the other, subject to appeal to the court in all such cases by any person, anything herein contained to the contrary notwithstanding. 40 V. c. 14,8,2; 41 Vic. 21,8.1; 42 V.e15 8.1. BENCHERS. CCLXXXVII. The said society shall be governed by nine Bencters. members thereof of the degree of barrister, who shall be called benchers ; of whom one shall be president, one secretary, and one treasurer. 40 V.c. 14,8. 3. _CCLXXXVIIT. The minister of justice of Canada for the time being and every person who has held that office, if a mem- ber of the bar of Manitoba, and the attorney-general for the ‘time being of Manitoba and any retired judge or judges of the court of Queen’s Bench for Manitoba, shall, respectively, ex offi- cio be benchers of the law society. 43 V.c, 12, 8.2. CCLXXXIX. The present benchers of the Law Society, be- Fresent con. ing nine in number, exclusive of ex officio members, shall con- Caueraca tinue in office until their successors are elected as hereinafter *PP°™t4- provided, as shall all officers of the law society, until super- seded or changed according tolaw. 438 V. c. 12, 8. 8. CCXC. There shall be an election of benchers on the first When elec- tion shall Thursday in May, which will be in the year 1883, and the sub- {33 place. sequent elections shall be held on the first Thursday in May in 234 Chap. 9. LEGAL PROFESSION. every third year thereafter ; but the benchers, during the term next preceding the election, in each of the elections shall ap- Scrutineers. point, two persons, who, with the treasurer, shall act as scruti- neers at the election, and also appoint a third person who shall act for and as the treasurer, in case the treasurer should be absent during the meeting of the scrutineers to count the votes ; and in Dutiesof - case the scrutineers are unable to complete the scrutiny upon such day, the same may be continued from day to day, in no case beyond ten days, until such is declared ; provided always that in case any scrutineer, during the scrutiny, is absent, the others may, nevertheless, proceed therewith and complete the same and declare the election. 43 V. c. 12, 5.4, 5. Rumberofia CCXOI. There shall continue to be nine benchers : and each whomay member of the bar of Manitoba, not hereinafter declared prohi- bited as an elector may, at any such election, may vote for nine members of the bar of Manitoba for benchers. 43 V,c. 12, 8. 6. cote CCXCII. Such votes shall be given by closed voting papers, : ‘in the form in the schedule to this Act, or to the like effect, be- ing delivered to the secretary of the law society on the first Wednesday in May of the year proper for such election, or during the Monday and Tuesday immediately preceding ; any voting papers received by the said secretary by post during said days, or during the preceding week shall be deemed deliv- ered to him. 43 V.c. 12, s. 7. ze Spon avg CCXCIIL. The said voting papers shall, upon the Thursday papers, following, be opened by the secretary of the law society in the presence of the scrutineers, who shall scrutinize and count the votes, and keep a record thereof in a proper book to be pro- vided by the said society. 43 V.c. 12,8. 8. CCXCIV. The nine persons who have the highest number of votes shall be benchers of the said law society for the next term of three years. 43 V.c. 12,8. 9. CCXCV. Any person entitled to vote at such election shall be entitled to be present at the opening of the said voting pa- . pers. 43 V: ¢. 12,8. 10. ety ot CCXCVI. In case of an equality of votes between two or votes how de- more persons, which leaves the election of one or more of such ae benchers undecided, then the said scrutineers shall forthwith put into a ballot box a number of papers, with the names of the candidates having such equality of votes written thereon, one for each candidate, and the secretary of the said society shall draw by chance from such ballot box, in the presence of the said scrutineers, one or more of such papers sufficient to make up the required number, and the persons whose names are upon such papers so drawn shall be such benchers. 43 V. ¢e, 12,8. 11, Fees. CCXCVIL No person shall be entitled to vote as an elector LEGAL PROFESSION, Chap. 9. 235 at such election unless all his bar fees to the law society have been paid. 43 V. c. 12, s. 12. ‘ CCXCVIII. The secretary of the law society shall, on the Secretary to first day of the term previous to the time for any election, make voters. out an alphabetical list or register of the members of the bar who are entitled to vote at the succeeding election, and such register may be examined by any member of the said society at all reasonable times, at the office of the said secretary. 43 V.c.12, 8, 13. CCXCIX. In case any member ofthe said society complains OSitee*™° to the said secretary, in writing, of the improper omission or insertion of any name in the said list, it shall be the duty of -the secretary forthwith to examine into the complaint and rec- tify such error if any there be ; and in case any person is dis- satisfied with the decision of the said secretary, he may appeal Appeal to to the persons who have been appointed to act as scrutineers ‘for the next election thereafter, and the decision of such scru- tineers shall be final, and such list shall remain or be altered in accordance with such decision. 43 V.c. 12, s. 14. CCC. The secretary shall add to such list the names of all Secretary to persons who have been called to the bar during the term pre- persons called vious to such election : and no alterations shall be made to vious term. such lists except as is provided in this section; and the said = list, as it stands revised upon the last Monday of the said last mentioned term shall be held to be the register of persons en- titled to vote at the next election but thig clause shall. not ap- ply to the first election. 43 V. c. 12, s. 15. CCCI. No person whose name is not inserted in the said list shall be entitled to vote at such election. 43 V. c. 12,8. 16. CCCII. No person shall be eligible as a bencher at any elec- tion, who is not qualified to vote at such election. 43 V.c. 12, s. 17. CCCIII. At all elections retiring benchers shall be eligible for re-election, 43 V.c. 12, s, 18. &cCLV An t t f ho is ineligible to Votes cast for : . Any votes cast for any person who is ineligible to r be a bencher, or who is a bencher ex-officio shall be null and son to be ile void ; and the election shall be declared as if such votes had not been cast. 43 V.-c. 12,8. 19. CCCV. In the event of any elector placing more than nine First nae ie names on his voting paper, the first nine only shall be taken, to be taken. notwithstanding any of such nine persons so named may be ineligible for election from any cause whatever. 43 V.c. 12, s. 20. é CCCVI. Upon the completion of the scrutiny the said secre- Result of elec- tary shall forthwith declare the result of said election and re- Hor deciared 236 Chap. 9. LEGAL PROFESSION. port the same to the said society, and shall cause the names Y be published in the next issue of the Manitoba Gazette. 43 .@ 12,8, 21. Benchers xe. CCCVII. The benchers of said society may make such gulations. — regulations as they consider expedient, not contrary to the pro- visions of this Act, and for regulating the procedure in respect of elections. 43 V.c. 12,8. 22. Votingpapers OCCVIII. The said voting papers belonging to any election oon ee shall not be destroyed until efor all euiuiera 2 sea to such election have been decided, but the same shall, together with all other papear in connection with the said election be retain- ed by the secretary. 43 V.c. 12, s. 23. signmame ot COCIX. No person shall sign the name of any other person any other perto any voting paper, or alter, or add to, or falsify, or fill up any - paper. blank in any voting paper signed by another person, or deliver or, cause to be delivered, or send or cause to be sent, by post or otherwise to the said secretary, any such false voting paper or any voting paper which has been added to, or falsified, or in which any blank has been filled up after the same was signed. 43 Vic. 12, 8. 24. ; When thereis COCX. In the event of there being no secretary for the time tpasintone, being of the law society at the time at which any election is to be held, or in the event of such secretary being unable from illness or other unavoidable cause to act at such elections, then and insuch case tMe treasurer for the time being of the law society shall appoint under his hand some other person to.act as such secretary, and such person so appointed shall perform all the duties of such secretary. 43 V.c¢. 12, s. 25. Term ofoftice. CCOCXI. The persons so elected as benchers as aforesaid shall take office on the first day of Easter term following their elec- tion, and shall hold office until the beginning of the third Easter term after they have entered on their said cffice, or till election of their successors. 48 V. c. 12,5. 26. Seat how va- = CCCOXII. The seat of any bencher, who has failed to attend the meetings of the benchers for three consecutive terms shall -at the expiration of the said period become vacant. 43°V. ¢. 12, s. 27. Benchers to ppoint CCCXIII. The majority of the benchers present at any meet- - gommyteeof ing in the first Easter term after their election, may appoint a committee of their number to enter upon any enquiry with respect to the due election of any of the said benchers whose election or elections may be petitioned against by any member of the bar who voted at the election of such bencher or bench- ers, and after such enquiry, to report such bencher or benchers as duly or not duly elected or qualified according to the fact, and, if necersary, to report the name or names of the next in LEGAL PROFESSION, Chap. 9. 237 order of votes of the duly qualified members of the bar, in leu of the person or person petitioned against and reported not duly elected or qualified ; and on the confirmation of the said re- port by the majority of benchers (other than those petitioned against) present at any meeting for that purpose, the person or persons so reported, in lieu of those petitioned against as afore- said shall be taken and deemed to be duly elected and quali- fied bencher or benchers. 43 V. c. 12, s. 28. ‘ CCCXIV. No petition against the return of any bencher Fetition tobe shall be entertained unless such petition is filed with the secre- Pea tary of the law society at least ten days before the first day : of Easter term mext succeeding such election, and shall contain a statament of the grounds on which such election is disputed. and unless a copy of such petition is served upon the bencher whose election is disputed at least ten days before the first day of the said Easter term ; and no grounds not mentioned in the petition shall be gone into on the hearing of the petition. 43 V. c. 12, s. 29. CCCXV. On any such notice being duly filed as aforesaid, the pep he ena benchers shall during the first week of the Easter term suc- Petition. ceeding such election, appoint a day for the hearing of such petition, and give notice of such petition, and give notice of such day to the petitioner and to the person whose return is disputed ; but all such petitions shall be finally disposed of during the said Easter term. 43 V. c. 12, s. 30. ; CCCXVI. On the hearing of any such petition the benchers Power of shall have power to examine witnesses under oath; and a sum- mons under the hand of the treasurer of the law society, or under the hand of three benchers, for the attendance of a wit- ness shall have all the force of a.subpcena; and any witness not attending in obedience thereto, shall be liable to attach- ment in the court of Queen’s Bench. 43 V. c. 12, s. 31. CCCXVII. In case of the failure in any instance to elect the enenets ee requisite number of duly qualified benchers, according to thecies. provisions of this Act, or in case of any vacancy caused by the death or resignation of any bencher, or by any other cause, then it shall be the duty of the remaining benchers, with all convenient speed, at a meeting to be specially called for the purpose, and to be held during the next term, thereafter, to supply the deficiency in the number of benchers failed to be elected as aforesaid, or caused by any of the means aforesaid, by appointing to such vacant place or places, as the same may oceur, any person or persons duly qualified under the provisions of this Act to be elected asa bencher or benchers ; and the per- son or persons so elected shall hold office for the residue of the period for which the pther benchers have been elected. 43 V. c. 12, s. 32. CCCXVIIL The benchers shall, during Hilary term in each Statement of year, furnish to each member of the law society entitled to expenditure 238 to be furnish- ‘ ed Law Socie- ty. President his duty. Term of office. May hold lands. Visitors. By-laws. Chap. 9. LEGAL PROFESSION. vote at the election of benchers, a statement in detail of the revenue and expenditure of such law society, for the year ending the thirty-first day of December preceding, the same to be first duly audited by auditors appointed by said benchers to audit and report upon the finances of the said law society. 43 V. ¢. 12, 8. 33. CCCXIX. It shall be the duty of the president to call a meeting of the benchers of the law society for the purpose of appointing the officers of the society. 40 V. ¢. 14,s. 5. CCCXX. The officers of the society shall hold office for one year, or for such longer period as the benchers may by law ap- point ; and the election of officers, where such are to be ap- pointed, shall take place at a meeting of the benchers which shall be held on the first day of Easter te?m in each year. CCCXXI. The president and benchers of the,law society of Manitoba hereby incorporated, and their successors duly ap- pointed, may, without license of mortmain, purchase, take, possess and enjoy, and, after acquiring the same, sell, lease, or depart with, any lands, tenements or hereditaments and _per- sonal property, for the purposes of the said society, but for no other purpose. 40 V. c. 14,5. 17. CCCXXIL The Chief Justice and puisne judges of the. court of Queen’s Bench shall be visitors of the society. 40 V. 14,8. 8 CCCXXIII. The benchers may, from time to time, make, amend, repeal rules and by-laws : (1.) For the government of the said society, and other pur- poses connected therewith ; (2.) For regulating the qualifications and - examinations for admission of members as students of the said society, and for call to the degree of barrister, and for admission as an attor- ney-at-law ; (3.) For fixing the fees payable for admission as students, articled clerks, barristers, and attorneys-at-law, respectively . (4.) For fixing the fees payable annually by each barrister and attorney respectively, and for other fees incidental to the said society ; (5.) For the striking off the roll of any barrister, and_sus- pension from practice of any attorney for non-payment of fees due to the society, with power to said benchers to reinstate such barrister or attorney upon such terms as such benchers shall see fit. 40 V.c. 14,8. 9. LEGAL PROFESSION, Chap. 9. 239 CCCXXIV. The benchers of the law society in convocation Réitors ana are authorized to appoint, from time to time, such members of the law society of the degree of barrister-at-law as they may think proper to be editors and reporters of the decisions of the superior courts, who shall hold office at the pleasure of the said benchers, and shall be amenable to them in convocation for the correct and faithful discharge of their respective duties, according to such regulations as the said benchers shall, from time to time, make in respect thereof. 40 V.c. 14,s. 10. COUXXV. The said benchers in convocation shall make re- Regulations. gulations for the printing and publishing the said reports of the said decisions, and the distribution of the said reports, and the price and mode of issuing thereof, and all such other regu- lations in respect thereto as they may at any time consider necessary, and any profits arising from the said reports shall form part of the general funds of said society. 40 V. c. 14, s. 11. CCCXXVIL The benchers in convocation shall, from time to 5*9"¢* time, determine the salaries to be allowed to the said editors and reporters, and shall pay the same out of the general funds of the society. 40 V.c¢. 14, 5.12. : CCCXXVII. The fees payable under the provisions of this Fees. Act shall be paid to the treasurer of the law society, and be- come the property of the said society. 40 V.c. 14,8. 13. ATTORNEYS. ! CCCXXVIII. Unless admitted and duly qualified to act as Attorneys. attorney under the provisions hereof, no person shall in the Province of Manitoba act as an attorney or solicitor in the court of Queen’s Bench, or in any superior or inferior court of civil or criminal jurisdiction in law or equity, bankruptcy or ~ insolvency, or before any justice of the peace; or as such, sue out any writ or process, or commence, carry on, solicit or de- fend any suit or proceeding in his own name and behalf in any case in which he is not plaintiff or defendant. 40 V. c. 14, s. 14. CCCXXIX. Subject to the provisions hereinafter contained, Who may be the following persons, being subjects of Her Majesty by birth attorneys.. or naturalization, and no others may be admitted and enrolled as attorneys : (1.) All persons empowered and enrolled to practise as at- torneys-at-law in the Province of Manitoba, prior to the 28th day of February, 1877 ; (2.) Any person of the full age of twenty-one years, bound =» by contract in writing under seal to a practising attorney in the Province of Manitoba, to serve him as his clerk fcr five years, and who has con‘ormed to the rules ‘of the said society ; 240 Conditions. Affidavits. Exercise dis- cretion. Chap. 9. LEGAL PROFESSION. (3.) Any person of the age of twenty-one years who has taken the degree of bachelor or master of arts,, or bachelor of law in any of the universities of Great Britain or Ireland, or of any Province of the Dominion of Canada authorized to con- fer degrees, and, before or after taking his degree, been bound by contract in writing under seal to a practising attorney in the Province of Manitoba, to serve him as his clerk for three years,and who shall have conformed to the rules of the said society ; (4.) Any attorney or solicitor duly and lawfully admitted and enrolled, and in good standing as an attorney or solicitor of any of Her Majesty’s superior courts of law or Equity in any of the Provinces of the Dominion of Canada, or in Eng- land, Ireland and Scotland, who has been bound by contract in writing, under seal, to a practising attorney or solicitor in Manitoba to serve or who has served as his clerk for one year, and who has undergone to the satisfaction of the society, the final examination required by the society in the case of articled clerks, and who has conformed to the rules of the society. 40 V.c.14,s8.15; 42 V.c. 15, s. 2. CCCXXX. No person mentioned in next preceding sub- sections two and three shall be admitted as an attorney unless he has during the term specified in his contract of service duly served thereunder, and has, during the whole of such service been actually employed in the proper practice or business of an attorney by the attorney to whom he has been bound; nor unless, after the expirtion of such time of service, he has been sworn in the manner hereinafter directed ; nor unless, at least fifteen days next before he seeks admission, he has left with the secretary of the said society his contract of service and any | assignment thereof, and the affidavits of execution thereof, and of due service thereunder, and (in case of a person who has taken a degree as hereinbefore mentioned, a certificate of his having such a degree, or a duly authenticated certified cepy of such certificate, or satisfactory secondary evidence thereof; nor unless the candidate for admission, by affidavit of himself and the attorney or attorneys to whom he has been bound, proves that he has actually served and been employed by such prac- tising attorney or attorneys during the whole of the term of service, and in the manner required by law. 40 V.c 14,s. 16. CCCXXXI. Such affidavit shall be in the form approved of by the benchers of the said society, and shall be by the appli- cant delivered to the said society upon his application for ad- mission. 40 V.c. 14,s. 17. CCCXXXII. In case the contract for service, affidavit and assignment (if any) cannot be produced, then on application made to the law society in that behalf at least fourteen days next before the applicant seeks admission, the society, on being satisfied of such fact, may, in their discretion, dispense LEGAL PROFESSION, Chap. 9, 241 with the production of such contract, affidavit and assignment, or any of them: and the certificate of the law society of such dispensation shall be sufficient in lieu of the production of the required contract and affidavit and any assignment thereof un- der the provisions hereof. CCCXXXITI. No. candidate shall be admitted unless he also Satb. makes and subscribes the oath or affirmation following : “J, A. B,, swear (or solemnly affirm, as the case may be) that T will truly and honestly demean myself in the practice of an attorney, according to the best of my knowledge and ability. So help me God. 40 V. c 14, s. 19. GENERAL PROVISIONS. CCCXXXIV. The benchers in convocation may make rules Genera! pro- for the improvement of legal education, and may appoint readers and lecturers with salaries, and may impose fees and prescribe rules for the attendance of students and articled clerks at such readings or lectures, and for examinations there- on, as condition to call to the bar or admission as an attorney, and may establish scholarships in connection therewith; and may, for proficiency at examination, by rules to be established specially in that respect, diminish the number of years of stu- dentship on the books of the society or under articles of clerk- ship, but so as not to reduce the number of years for call to the bar or admission as an attorney to, less than three years. 40 V.c¢. 14, s. 20. CCCXXXV. The benchers in convocation, may, by regula- 2r@minary tion, require that the clerks hereafter articled shall pass a pre- liminary examirsiation, and the term of service under articles to entite such articled clerk to be admitted an attorney, shall date only from the passing of such examination, except as otherwise provided. 40 V. c. 14,8. 21. CCCXXXVI. The fees payable by barristers on call to the Fe bar, and by attorneys on adinission as attorneys, and by stu- dents ana articled clerks on admission as such, and on examin- ations and attendance on lectures and readings, shall be paid to the treasurer of the law society, and shall be such as the law society shall by rule, from time to time, prescribe. 40 V. c. 14, s. 22. CCCXXXVITI. No person applying for call to the bar or ad- Applicant to mission as an attorney shall be called or admitted unless he notice. shall have left with the secretary at least one month’s notice in writing of his intended application for call or admission. 40 V.c. 14, 5. 23. CCCXXXVIIT. An original duplicate contract of service of ee any such articled clerk, and of every assignment thereof with filed. : an affidavit of the due execution thereof by a subscribing wit- 16 t 242 Chap. 9. LEGAL PROFESSION, ness, shall, within one month after execution thereof, be filed with the secretary, to be kept by him among the papers and records of such society. 40 V.c. 14,8. 24. To cane uct CCCXX XIX. In case such affidavit is not filed within the time herein stated therefor, the same may nevertheless be so filed by the secretary, but the service of the clerk may be reckoned only from the date of such filing in the discretion of the benchers. 40 V. c. 14, 8. 25. bora CCCXL. If any attorney, to whom a clerk has been so other con- bound, dies before the expiration of the term for which the , clerk became bound, or if he discontinues practice as an at- torney, or if the contract be by consent of the parties cancell- ed, or in case such clerk be legally discharged before the ex- piration of such term by any rule or order of such benchers, such clerk may be bound by another contract in writing, to ‘serve as a clerk to another practising attorney during the resi- due of his said term, and in case an affidavit be duly made and filed of the execution of such last mentioned contract within the time, and in the manner hereinbefore directed and subject to the like regulations with respect to the original con- tract, and the affidavit of its execution, due service under such second or subsequent contract shall be deemed sufficient. 40 V.c. 14, s. 26. poke. ° CCCXLI. There shall,be two parchment rolls kept by the secretary, one in his office and the other in the office of the prothonotary, for signature by barristers and attorneys res- pectively, and the barristers’ roll shall be subscribed by each barrister at the time of his being called to the degree of bar- rister, and the attorney’s roll shall be duly subscribed by each attorney upon his admission as such. 40 V.c. 14, s. 27. ence. CCR, In case an attorney wilfully and knowingly acts offroll. - ag the professional agent or partner of any person not quali- fied to act as an-attorney, or suffers his name to be used in er any such agency or partnernship, on account of any unquali- fied person, or sends any process to such person, or does any other act to enable such person to practise in any respect as an attorney, knowing him not to be duly qualified, and in case complaint be made thereof, in a summary manner to the benchers, and”proof be made thereof upon oath to the satisfac- tion of the said benchers, the attorney so offending may, in the discretion of the benchers, be struck off the roll, and disabled from practising as such attorney, and the court of Queen’s Bench may commit such unqualified person to any common gaol or prison, as for contempt, for any period not exceeding one year. 40 V. c. 14, 8. 28. ytd CCCXLII. If any attorney practises as such, without hav- without pay- ing duly paid any fees due by him to the said society he shall ing dees forfeit the sum of one hundred dollars with costs of suit, to be , LEGAL PROFESSION. Chap. 9. 243 recovered by the said society for the uses thereof in the court of Queen’s Bench or other court of law or equity. 40 V. ¢. 14, s, 29. COCXLIV. It shall be lawful for the court of Queen’s Gouttor Bench, upon rule nisi, to hear and determine any complaint Bench may that may be made against any member of the law society in plaint. the discharge of his duties as barrister or an attorney-at-law, and such member of the law society so offending may, accord- ing to the gravity of the offertce, and in the discretion of the said court of Queen’s Bench, be either suspended from practising law in any court of this Province, or struck off ‘the roll and disabled from practising either as an attorney or solicitor or barrister in any of the said courts. 40 V. c. 14, s. 30. CCCXLV. The sections in division 8 of this chapter may be Attmay be cited as “ The Luw Socrety Act of Manitoba.” And the schedule mentioned in section 292 of this Act is as follows :— SCHEDULE. (Sec. 292.) FORM OF VOTING PAPER, LAW SOCIETY ELECTION. I of the in the County of Barrister-at-Law ¥o™- do hereby declare :— 1. That the signature affixed hereto is my proper hand- writing. 2. That I vote for the following persons as Benchers of the Law Society. A.B. of the in the County of C.D. of the in the County of ELF. of the in the County of G.H. of the in the County of &e. &e. 3. That I have signed no other voting paper at this election- 4. That this voting paper was executed on the day of the date hereof. Witness my hand this day of 18 244 Chap. 9. BUILDING SOCIETIES. . Division 9. BUILDING SOCIETIES, FORMATION, &C. Formation of Societies, ke, Certain decla- : : rationtobe CCOXLVI. Whenever any twenty persons or upwards, in made tocon- any part of Manitoba, have agreéd to constitute themselves a « balding se building society, and signed and executed, under their respec- : tive hands and seals, a, declaration of their intention to become such building society and have therein stated its principal or chief place of business in this Province and have deposited the same with the prothonotary of the court of Queen’s Bench, (who for receiving such deposit shall be entitled to receive a fee of fifty cents), such persons, and such other persons as may afterwards become, members of such society, and their several and respective heirs, executors, curators, administrators, suc- cessors and assigns, shall be a body corporate and politic, by such name and style as a building society as by the said decla- Furpose for yation is declared ; and such society shall be constituted for society shall the purpose of raising by monthly ov other periodical subscrip- ed. tions of the several members of the said society, in shares not exceeding the value of four hundred dollars for each share (and by subscriptions not exceeding four dollars per month for each share) a stock or fund for enabling each member to receive out of the funds of the society the amount or value of his share or shares therein,-for the purpose of erecting or purchasing one or more dwelling houses, or other freehold or leasehold estate or any such like purpose, such advance to be secured by mortgage or otherwise to the society until the amount or value of his share or shares is fully paid to the society, with interest there- on, and with all fines or liabilities incurred in respect thereof : Bulesfor the and the several members ‘of such society may, from time to ofthe society time, assemble together and make, ordain and constitute such to be made ©Y proper and wholesome rules and regulations for the govern- ment and guidance cf the same as to a majority of the mem- bers thereof, so assembled together, may seem meet, so as such rules be not repugant to the express provisions hereof or to law; and may impose and inflict reasonable fines, penalties and forfeitures upon members of the society offending against such rules, to be respectively paid to such uses and the benefit of the said society, as the said society by such rules shall di- rect; and may also, from time to time, amend and alter such rules as occasion may require, or annul or repeal the same and make new rules in lieu thereof, subject to the provisions here- Members to inafter contained ; and no member shall receive from the funds receive no- 2 : ae profits until of any such society any interest or dividend by way of annual their shares is or other periodical.profit upon any share in the society until reelinet. the amount o1 value of his share or shares has, or have been Exception. realized ; except on the withdrawal of such member according to the rules of the society then in force. 38 V.c. 21,8. 1. ’ POWERS—-DIRECTORS. sociey ae’ CCCXLVII. Every such society may receive from any mem- BUILDING SOCIETIES. Chap. 9. 245 ber any sum of money by way of bonus on any share, for the ms to ae privilege of receiving the same in advance prior to its being to members. realized, besides interest for the share so received or any part thereof. 38 V. ¢. 21, s. 2. CCCXLVIIIL. Each such society shall, from time to time, Appointment elect and appoint any number of the members of the said society directors. to be a board of directors—-(who shall choose a president and vice-president), the number and qualification thereof to be de- clared in the rules of such society ; and may delegate to such directors the exercise and execution of all lawful powers; and such directors being so elected shall continue to act during such time as shall be appointed by the rules of such society— the powers of such directors being first declared in and by the said rules or otherwise ; and in all cases where directors are appointed for any particular purpose, the powers delegated to them shall be reduced to writing and entered in a book by the secretary of the society ; and a majority of the members of such directors, present at any meeting thereof, must concur in any act of such directors in order to make such act valid; and they shall, in all things delegated to them, act for and in the name of the society ; and all acts and orders of such directors, under the powers delegated to them, shall have the like force and effect as the acts and orders of the society at any general meeting thereof could have had: but the transactions of the Minute book! directors shall be entered in a book belonging to the society, Meroe” and shall, from time to time and at all time, be subject and liable to the review, allowance and disallowance to the society, in such manner and form as such society have by their general rules directed. 38 V.c. 21, s. 3. CCCXLIX. Every such society shall, by one or more of Society to de- their said rules, declare all and every the interests and pur- particulars L in poses for which such society is established ; and shall also in" *™**- and by such rules direct all an every the uses and purposes to which the money, from time to time, subscribed, paid or given to or for the use or benefit of the said society, or arising there- from, or in anywise belonging to the society, shall be appro- priaved and applied, and in what shares or proportions and under what circumstances any member of such society, or other person, shall become eutitled to the same, or any part thereof; but the application of such money shall not in any- Application” wise be repugnant to the uses, interests or purposes of such ofmOney Te society, or any of them, to be declared as aforesaid; and all such rules, during ther continuance, shall be complied with and enforced; and no such mor: :ys as aforesaid shall be divert- ed or misapplied either by the directors or treasurer or any other officer or member of the society entrusted therewith, under such penalty or forfeiture as the society may by any rule inflict for such offence. 38 V.c. 21, s. 4 CCCL, The rules for the management of each such society Rules to be shall be entered and recorded in a book to be kept for that foox onan ior ‘purpose, which book shall be open at all seasonable times for i™sPection. 246 Chap. 9. BUILDING SOCIETIES. the inspection of the members of such society; but nothing in this ‘section shall prevent any alteration or amendment of any such rules in the whole or in part, or the making of any new rules for the management of the society in such manner, as by the rules of the society may from time to time be provided. 38 V.c. 21, s. 5. RULES—-REGULATIONS. Such entry to CCCLI. All rules from time to time made and in force for cient notice the management of such society, and entered and recorded as ails Witte? aforesaid, shall be binding on the several members and officers of the society, and the several contributors thereto and their representatives, all of whom shal{ be held to have full notice thereof by such entry and record as aforesaid; and the entry of such rules in the book or books of the said society as afore- said, or a true copy of the same examined with the original and proved to be a true copy, shall be received as evidence of such rules respectively in all cases. 38 V. c. 21, s, 6. How only CCCLII. No rule entered as aforesaid, shall be altered, re- rules may be ‘ i repealedor scinded or repealed unless at a general meeting of the members amended. ~~ of the society, convened by public notice written or printed, signed by the secretary or president of the society in pursuance of a requisition for that purpose by more than one half of the members of such society, which requisition shall state the ob- jects for whicn the meeting: is called, and shall be addressed to the president and directors ; whereupon each member shall be notified of the proposed alterations through the post office, within fifteen days ; but three-fourths of the members present at such meeting must’ concur in such alteraticns or repeal. 38 V.c. 21,8. 7. face ofmeet OCCLIII. The rules of every such society shall specify the specified. ; place or ‘places at which it is intended that the society shall hold its meetings and shall contain provisions with respect to the powers and duties of the members at large, and of such of- ficers as may be gppointed for the management of the affairs of the society. 38 V.c. 21,5. 8, aoa OCCLIV. The directors of every such society shall, from 2 "time to time, at any of their usual meetings, elect and appoint such officers of the society, and grant such salaries and emolu- ments as they may deem fit, and pay any necessary expenses incurred in the management of the society, and shall elect such officers for such space of time and for such purposes as shall be fixed and established by the rules of the said society, and may, from time to time, discharge them, and appoint others in the room of those who vacate or die or are discharged. 38 V. ec. 21,8. 9. eaain on: CCCLV. Every such officer or other person appointed: to any security for Office in anywise concerning the receipt, management or ex- a BUILDING SOCIETIES, Chap. 9. 247 i . . discharge of he said society, shall, before being admitted to take upon him their duties. the execution of any such office or trust, enter into a bond in such form and for such amount as the directors may determine, with two sufficient sureties for the just and faithful execution of_such office or trust, and for rendering a just and true ac- count, according to the rules of the said society, for paying obedience to the same and in all matters lawful. 38 V.c. 21, s. 9. 3 ae of any sum of money collected for the purposes of the faithful CCCLVI. Any such society may take and hold any real es- Society may tate, or securities thereon, bona fide mortgaged, assigned or tate hypothe- hypothecated to the said society, either to secure the payment °"" : of the shares subscribed for by its members or to secure the payment of any loans or advances made by, or debts due to such society, and may also proceed on such mortgages, assign- ments or other securities, for the reccvery of the moneys there- by secured, either at law or in equity or otherwise ; and such uvestment of society may invest in the names of the president and treasurer for the time being any of its surplus funds in the stocks of any of the chartered banks or other public securities of the Pro- vince; and all dividends, interest and proceeds arising there- from shall be brought to account and applied to and for the -use of the society according to the rules thereof. 38 V. c¢ 21, s. 10. POWERS AND AUTHORITY. 2 CCCLVII. Any such society may, from time to time, lend Society may and advance to any member or other person, money from out oo a of its surplus funds, upon the security and mortgage (hypothé- , que) of real estate, and for such period as to the society or its directors seems satisfactory or expedient; and may receive therefor such sum of money by way of bonus, besides interest thereon, as may be agreed upon, without being subject on ac- count thereof to any forfeiture or penalty, and may from time to time vary such investments at their discretion. 38 V.c. 21, s. 11. CCCLVIIT. Whenever any such society has received from society may any shareholder a mortgage or hypothec, or an assignment or fo, PhOReNy, transfer of any real estate belonging to him or her, to secure tothem on the payment of any advance and containing an authority to of instal- the society to sell such real estate in case of non-payment of seeerenupnetes any stipulated number of instalments or sums of money (as P¥- every such society is hereby authorized to do) and containing also power to the said society, to apply the proceeds of such sale to the payment of the advances, interest and all other charges due to the said society, and after perfect payment thereof and of all costs and expenses incident thereto, to pay over the balance to the owner of such estate ; such stipulations and agreements shall be valid and binding to all intents and purposes whatsoever, and such society may cause the same to be enforced by an action or proceeding in the usual course in 248 Chap. 9. BUILDING SOCIETIES. fictions at, any court of law in Manitoba, having competent ‘jurisdiction, brought in i ‘ . i tae eavoraie and such action may be brought in the coxporate name of any name. such society. 38 V.c. 21,8. 12. Natare ase, CCCLXIX. Every such society may advance, in the usual Beat eran manner, Moneys on any real estate whatsoever of any member money. of the said society, as well for the actual purchase of the same, and for tne erection of buildings thereon, as generally upon the security of any real estate belonging to any such member at the’ time of his borrowing such moneys, and may take a mort- gage or assignment of all such real estate whatsoever in securi- ty for such advances, on the same conditions and with the same privileges in all respects as any other’ real estate authorized to be thortgaged or assigned; and all securities theretofore taken for moneys advanced in the manner aforesaid, shall be valid and binding on the parties to all intents and purposes whatsoever ; wo jay be and all or any person or persons whatsoever, whether capital- building so- ists or otherwise, may become members of any such society, SHEMET and co-partners and corporate bodies may hold shares therein, in the same manner as single individuals. 38 V.c. 21, 13. ACTIONS AND SUITS. Wiatmustee ~CCCLX. In any action or proceeding instituted by any such tions tosell society for the purpose of realizing or bringing to sale any pro- Botheeaved” perty mortgaged or assigned to the society, as aforesaid, it shall not be necessary to set forth the special matters in the declaration, but it shall be sufficient to allege that the defen- dant mortgaged or assigned (as the case may be) the real es- tate, describing the same, to the society, and that the amount. (or sufficient part of the amownt) stipulated by such party to be paid, has become and remains due and owing, whereby an action hath accrued to the society to have the said estate and What eviden- property sold; and in order to maintain such action it shall insuchac- be sufficient, in addition to the customary: evidence of the ee mortgage or assignment of such, property or estate, to prove by any one witness, whether in the employment of, or a share- holder in, such society or not, or by any other means, that the defendant is in arrear and indebted to the said society in, or exceeding, a sum on the accruing of which, by the terms of such mortgage, assignment or agreement the said society has the right to have the said property or estate sold, any law to the contrary notwithstanding; and thereupon the court shall give judgment for the said amount, and by such judgment order the property to be sold by the sheriff after three inser- tions in the course of four months in the Manitoba Gazette; and it shall not be necessary for the sheriff to go through any formalities in seizing the lands or otherwise. 38 V.c. 21,s.- 14, Casesin CCCLXI. Every such society may forfeit and declare for- ‘may bede- feited to the society the shares of any member who neglects or clared forfeit- i; in arrear such number of instalments as may be fixed by BUILDING SOCIETIES. Chap. 9. 949 any stipulation or by-law, and every such society may pursue the same course, exercise the same powers, and take and use the same remedies to enforce the payment of any debt or de- mand due to such society, as any person or body corporate may by law take or use for such purpose. 38 V. c. 21,8, 15. CCCLXII. If any person appointed to any office by any froweigne inv such society, and being entrusted with, and having in his hands the death or or possession, by virtue of his office, any moneys or effects be- any officer of longing to such society, or any deeds or securities relating to 84h society. the same, dies or becomes bankrupt or insolvent, his heirs, ex- ecutors, curators, administrators or assigns or other persons having a legal right, shall within fifteen days after demand made by the order of the directors of such society or the major part of them, assembled at any meeting thereof, deliver over all things belonging to the said society, to such persons as the said directors shall appoint; and shall pay out of the estate assets or effects of such person, all sums of money remaining due which such person received by virtue of his office, before any of his other debts are paid or satisfied, and all such assets estate and effects shall be bound to the payment and discharge thereof accordingly ; except that the same shall not he paid or satisfied to the prejudice of mortgages or privileges on real es- tate, or of liens or privileges on personal estate only, duly executed previous to the appointment of such officer. 388 V. ce, 21, s. 16. CCCLXIII. All real and personal property, moneys, goods, All the pro- t aida ? perty, etc., of chattels and effects whatever, and all titles, securities for money such society or other obligatory instruments and evidences or muniments, thesonse te and all other effects whatever, and all rights and claims be- its corporate longing to or held by any such society, shall be vested in the society by its corporate name under which such society shall be known, and shall for all purposes of action or suit, as well criminal as civil, in law as in equity, in anywise touching or concerning the same, be deemed and taken to be, and shall in every such proceeding (when necessary) be stated to be the property of the society by the name and style aforesaid with- out further description, and by the said name and style, the so- ciety may sue and be sued, bring or defend any action, suit, proceeding or prosecution, criminal as well as civil, in law or in equity, touching or concerning the property, right or claim, of or beloning to the society ; and in all cases concerning any property, right or cliam of the said society, may sue and be sued, plead and be impleaded. 38-V.¢. 21, s. 17. ANNUAL STATEMENT. COCLXIV. Members of the society shall not be personally Liability of responsible in respect of the liabilities of the corporation beyond eee the amount of the sum unpaid on shares. 36 V. ¢ 21, s. 19. CCCLXYV. The rules of every such society shall provide that General state- coe ent of af- the treasurer or other principal officer thereof shall once at fairs to be an- 250 Chap. 9. BUILDING SOCIETIES. pared to ea, least in every year prepare a general statement of the funds surer, and effects of the society, specifying in whose custody or pos- session the said funds or effects are then remaining, with an account of every sum of money received and expended by or on account of the society since the publication of the preceding periodical statement ; and every such periodical statement shall ’ be attested by two or more members of the society appointed auditors for that purpose, who shall not be directors, and shall be countersigned by the secretary of the society : and every member shall be entitled to receive from the said society a copy of such periodical statement without charge. 38 V.c. 21, s. 20. PERMANENT BUILDING SOCIETIES. ahe provi. CCCLXVI. Permanent building societies, enabling persons extend to per- to become members tlereof at any time, for investment there- manent build- . . . a : ing societies. in, or to obtain the advance of their shares by giving security therefor, and to fix and determine with any such society the time and amount at, and by which such members shall repay such advanced shares and obtain the release of the said security, without being liable to the contingency of losses or profits in the business of the society, may be formed and subsist under the provisions hereof. 38 V.c, 21,5, 21. verano CCCLXVII. Any permanent building society established building so- cieties having and conducted on the principles hereinbefore mentioned which fulfilled the conditions has fulfilled and observed the requisite conditions for the estab - sereey ieaer lishment of a building society under the provisions hereof, shall to be building he a building society within the meaning of the provisions inthe mean- hérein contained. and any person who has approved the rules Ig MERE and regulations of any such building society entered and re- corded in a book as hereinbefore required, and has subscribed his name as a shareholder for one or more shares, shall from the time of such approbation and subscription, be a member of such building society, and the production of the book containing the rules for the management of such society, kept in the manner aforesaid, signed by such person or by his duly authorized at- torney, and duly witnessed, shall be sufficient evidence of mem- bership in such society. 38 V.c. 21,s 22, POWERS OF, ETC. such smana’ = CCCLXVIII. Any permanent building society may alter, theln rules amend, report or make any regulation, rule or by-law for the ‘ working of the society, at a public meeting of the members thereof, duly convened according to the rules of such society. 38 V.c, 21, s. 23. To what ex: = CCCLXIX. No such society by its rules, regulations and by- tent such so- : . cletymay laws authorized to borrow money, shall borrow, receive, take borrow mo- ao : : ei : ney. or retain, otherwise than in stock and shares in such society, from any person or persons, any greater sums than three- fourths of the amount of capital actually paid in, on unadvan- BUILDING SOCIETIES. Chap. 9. 251 ced shares and invested in real securities by said society 3. and the paid in and subscribed capital of the society shall be hable for the amount so borrowed, received or taken by any society. 38 V.c. 21, s. 24. CCCLXX. When any share in any such society has been Holders or fully paid up according to the rules of the society, or has. be- paid up may come due and payable to the holder thereof, the holder of such invest the share may either withdraw the amount of such seare from the ®mou»" said society according to the rules and regulations thereof, or invest the amount of such share in the society, and receive therefrom periodically, such proportions of the profits made by such society as shall be provided for by a by-law to be passed. for the purpose; and the amount of such share so invested shall become fixed and permanent capital or shares in the said society not withdrawable therefrom, but transferable in the game manner as other shares in the said society. 38 V. c. 21, 8. 25. CCCLXXI. Any such society may advance to members on fociety may the security of investing on unadvanced shares in the said so- on unadvanc- ciety, and may receive and take from any person or body cor- porate, any real or personal security of any kind whatever, as collaterai security for any advance made to members of the society. 38 V.c. 21,8. 26. CCCLXXII. Any such society may hold absolutely real fociety may estate for the purposes of its place of business, and exceeding tel estate. the annual value of ten thousand dollars. 38 V.c. 21, s. 27. CCCLXXIIJ. No such society shall be bound to see to the Society not ‘ : a . bound to see execution of any trust, whether expressed, implied or con- to the execu- structive, to which any share of its stock is subject; and the towhich any receipt of the party in whose name any such share: stands in foauimey the books of the society (or if such share stands in the names of more than one, the receipt of one of the parties) shall be sufficient discharge to the society for any payment of any kind made in respect of such share, notwithstanding any trust to which such share is then subject, and whether or not the so- ciety has had notice of such trust; and the society shall not be bound to see to the application of the maney paid upon such receipt. 38 V.c. 21, s. 28. CCCLXXIV. The word “society” means a building society le ee established under the provisions hereof ; the word “rules” shall Words. include rules, orders, by-laws and regulations ; the words “real estate” mean and include immovable estate and property gene- rally ; and the words “personal estate” mean and include all moneys, goods, chattels, and other property not being real pro- perty : and the word “securities” includes privileges, mortgages (equitable ao well as legal), and incumbrances upon real estate, as well as other rights and privileges upon personal estate and property. 38 V.c. 21, s, 29. 202 Chap. 9. AGRICULTURAL SOCIETIES. CCCLXXV. The sections in division 9 shall extend to aliens, denizens, and females, both to make them subject thereto, and to entitle them to all the benefits therefrom. 38 V. c 21, s. 29. , How cited. CCCLXXVI. The sections in division 9 of this chapter may be city as “The Building Society Act of Manitoba.” Division 10. AGRICULTURAL AND ARBORICULTURAL SOCIETIES— ORGANIZATION, Formmaued CCCLXXVII. There has been and there may continue to be d constitu- tion ot Pro established for the Province of Manitoba, under the provisions incial agri- . ce ca ‘ ° eulturaland hereinafter contained a provincial agricultural society, to be eee! So called “The Provincial Agricultural and Industrial Society of Manitoba,” which shall consist of all persons who shall pay into the treasury of the society one dollar or upwards per year : and the officers of the society who shall be chosen an- nually at the yearly meeting as after mentioned, shall consist of a council of twenty members; the provincial agricultural society shall consist of all persons residing in this Province, engaged in agricultural, manufacturing or industrial pursuits who shall join themselves together and pay into the treasury of the society the sum of one dollar or upwards subscription per year: the object of the provincial agricultural and indus- trial society shall be to encourage agricultural, industrial and manufacturing pursuits within the Province; and with a view to that end the society may make such rules and regulations, subject to the approbation of the minister of agriculture as shall tend to advance of the objects of the society. 35 V.c. 15, s. 1; 36 V.c 20,5. 2. Qhiects of ——-s CCCLXX VIII. The objects of this society are the encourage- ment and promotion of agriculture, industrial and manufactur- ing pursuits within the Province, and with a view to such end the society may procure and experimentalize with new or im- proved grains, plants or trees; may procure animals, award prizes for the introduction and breeding of animals of superior kind, for excellence in agricultural productions and work, for excellence in development and maintenance of manufac- tories and industries, and generally may do everything that can contribute to the progress and advancement of agricultural and industrial pursuits in the Province, and the funds of the society raised by private subscription or public grants shall not be used for other than the aforementioned purposes. 42 V. c. 23, 8.1. eunrel CCCLXXIX. The annual meeting of the society for the "adoption of the report of the retiring council, for the election of council and officers for the ensuing twelve months and for the transaction of general business shall be held in the city of Winnipeg at noon of the third Wednesday in February in each AGRICULTURAL SOCIETIES. Chap. 9. 253 year, (or being a statutory holiday, at the same hour on the day) and due notice of the place of meeting shall be given in accordance with the by-laws of the society; and at such meet- ing a full and audited financial statement of the affairs of the society shall be presented : (1.) Such report shall be adopted, rejected, or amended and adopted; the adoption of such report shall close the business of the year to which such report refers ; (2.) The meeting shall continue, but thenceforward shall comprise only such persons as have paid the membership fee for the then ensuing year; such meeting shall elect from per- sons whose fees as aforesaid have been paid, a council consist- ing of twenty persons. 36 V.c. 20,83; 42 V.c. 23,5. 5. CCCLXXX. The provincial agricultural and industrial so- yame of ciety of Manitoba shall be a corportion under the name of corporation. “The Provincial Agricultural and Industrial Society of Manito- ba,” with power to acquire and possess lands, and to dispose of the same for all the purposes of the society. 36 V.c. 26,8. 4 CCCLXXXI. The affairs of the society shall be managed by Af airs—how a council consisting of twenty members; and from such twenty ea es members of council the council shall at a meeting of council to be held immediately subsequent to the annual general meet- ing, elect in such manner as may be prescribed by by-law, a president and vice-president, and shall appoint a secretary and a treasurer ; but such secretary and treasurer may or may not Treasurer be a member of council; the whole to be elected at the annual notbea general meeting of the society, to retire annually but to be counall eligible for re-election ; in the event of the death or resigna- tion of any, the seat may be filled up for the remaining por- tion of the annual term by such person as may be elected at the ensuing meeting of council; and the minister of agricul-, ture for the Province shall be ex-officio a member of the coun- cil; there shall be a treasurer, a secretary and two auditors Secretary and annually elected, subject to re-election—of the members of the two auditors council, three at. least, must be elected from members of the ly Geawk society, resident in the five counties of the Province respec- tively, and three for the city of Winnipeg: provided, always, that in the event of the creation of additional counties, for each such added county there shall be an increase of three members of council who must be resident in the so added county or counties ; and every president of a duly recognized county agricultural society in Manitoba shall be ev-officio a member of council in addition to all other members of council. 42 V.c. 23,8. 4, CCCLXXXII. The term of office of the council and officers Term of office of the society shall be from the third Wednesday of February Chee provided such day is not a statutory holiday, in such case it Proviso. will be held on the following day in each year to the same date in the following year or until the appointment of their 254 Chap. 9. AGRICULTURAL SOCIETIES. successors, and the period from the first of January to the thirty-first December shall be considered as the fiscal year of the society. 42 V. c. 23,5. 6. Board tode- = CCCLXXXIII. The council shall determine upon the time exhibition to and place for holding the annual exhibition, and all matters of eee detail connected therewith. 36 V.c. 20,8. 5. No county ex. COCCLXXXIV. No county exhibition shall be held in the held in same county in which the provincial exhibition shall be held in any Provincial ex- year, but the funds of the county society in such case may be hea°"*® — merged in those of the provincial society for that year: and when so merged the members of such county society shall be entitled to all the privileges of members of the provincial so- ciety at the exhibition ; and the directors of such county so- ciety shall be co-councillors with the council of the provincial society for the conducting and management of such exhibition. 36 V. c. 20, 5. 6. On certificate COCLXXXV. On the president or in his absence, the bors of goune vice-president and the treasurer, and at least three members of cil, Lt.-Gov. . "pos oe : shdil cause to council certifying to the minister of agriculture for the Pro- be paid, ete. vince as to the number of the members the forming of the society, and the amount .of subscriptions and private grants received the previous year, the Lieutenant-Governor in Coun- cil shall grant and cause to be paid to the society an amount equal to twice the value of such subscriptions and grants: Proviso. provided always that such grant from the public funds shall not be less than two thousand dollars nor in excess of three thousand dollars in each year. 42 V.c. 23, s. 7. By-laws to CCCLXAXVI. The council of the society shall and may at ooct of law — meeting sduly convened for the purpose, frame, repeal or alter copy tobe - by-laws for the government of the society ; and such by-laws minister of not being inconsistent with this Act shall have the effect of agriculture: Jaw; and a copy of all such by-laws shall, after adoption, be furnished to the minister of agriculture and be filed in his office: the by-laws as aforesaid shall contain amongst their provisions, regulations as to quorums, meetings, notices, mode of election, and duties of officers; the place and date of exhi- bitions shall be determined by the council of the society. 42 V.c. 23, s. 8. ELECTORAL DIVISIONS SOCIETIES. Society may CCCLXXXVII. An agricultural society may be organized in be organized each of the electoral divisions of this Province in which there sion. is not one embracing the limits of such electoral division actu- ally organized, whenever twenty-five persons have become mem- How organ- bers thereof by signing a declaration in the form of the sche- ae dule A to this Act, and paying each not less than one dollar annually to the funds of the said society ; and a true copy of the said declaration shall within one month after the money AGRICULTURAL SOCIETIES. Chap. 9. 255 has been so paid be transmitted to the minister of agriculture, Pomaration and remain of record in the Department. 43 V.c. 25,8.1. to minister of CCCLXXXVIII. The object of the said societies shall be to Object of so- encourage improvement in agriculture ; a. By importing or otherwise procuring seeds, plants and animals of new and valuable kinds ; b. By awarding premiums for excellence in the raising or in- troduction of stock, the invention or improvement of agri- tural implements and machines, the production of grain and all kinds of vegetables, plants, flowers and fruits, and generally for excellence in any agricultural production or operation ; c. By offering prizes for essays on questions of scientific en- quiry relating to agriculture, and as the best system of drainage ; and the protection against prairie fires d. The fund of the societies levied from subscription of members or the public grant, shall not be expended for any object inconsistent with those above mentioned ; e. And the directors of every such society at any meeting called by notice as hereinafter mentioned, may make, alter and * repeal by-laws and rules for the regulation of such society, and the carrying out of its object. 43 V.c. 25,8. 2. CCCLXXXIX. The first meeting for the formation of such puree net agricultural society under this Act shall be called by two mem- fro members bers thereof, at least fifteen days before the day fixed for such Seis ae meeting, by public notice posted at two of the most frequented **e4 places in the said electoral division, and such meeting shall be Public notice. held at the most central place in each electoral division, to be fixen by the Lieutenant-Governor in Council, at which meetin the election of the various officers shall take place ; and the society so organized shall be the electoral division society, and Society tary shall be entitled to receive the provincial grant hereinafter. provided, and all subsequent annual meetings after the first meeting shall be called and held as provided in the next follow- ing section. 43 V.c. 25, s. 8. CCCXC. The said societies shall hold their annual and sub- Meetings held sequent meetings on the third Monday in the month of Janu- fn Jamue?® ary in each year, and shall at such meetings elect a president, EISoU Diy pit . ere : siden’ two vice-presidents, a secretary-treasurer, and not more than vice-presid- seven directors, and two auditors, one of whom shall be ap- a pointed by the president then elected. 43 V. c. 25,8, 4 CCCXCI. The meeting of the officers and directors shall be Meeting of of- : ; ’ a ficers and di- held pursuant to adjournment, or called by written notice to, rectors called and given by authority of the president, or in his absence the 237m" “Rive senior vice-president, at least one week before the day appoint- * @orum. ee and at any meeting five shall be a quorum. 43 V. c, 25, 256 Chap. 9. AGRICULTURAL SOCIETIES. cones oo ~=COCOXCIL The said officers and directors shall, in addition rectors, to the ordinary duties of management, cause to be prepared and shall present at the annual meeting, a report of their pro- ceedings during the year, in which shall be stated the names of all the members of the society, the amount paid by each set opposite his name, the names of all persons to whom premiums were awarded, the amount of such premiums respectively, and the name ot the animal, article or thing in respect of which the same was granted, together with such remarks and suggestions upon the agriculture in the electoral division as the directors are enabled to offer. 43 V. c. 25, s. 6. petailed sta- = CCCXCIIL. There shall also be presented to the said annual ceipts andex- meeting a detailed statement of the receipts and disburse- penditures. sents of the society during the year. 43 V.c. 15, s. 7. provedcertia- CCOXCIV. The said report and statement, if approved by proved certifi- £d copy tothe the meeting, shall be entered in the society's journal; to be kept agriculture. for such purpose, and signed by the president or a vice-presi- dent, as being a correct entry ; and a true copy thereof certified by the, president and secretary for the time being, shall be sent to the minister of agriculture, on or before the first day of April next following. 43 V.c. 25,5. 8. Officers to a . “ ; 1 7 givejinforma- CCCXCV. The said officers and directors shal! answer and Hon to minis- give such information as the minister of agriculture may from- er of agricul-°. z . ‘ a ee sa tare. time to time by circular letter or otherwise require touching the interests or condition of agriculture in their electoral divi- sion and generally shall act as far as practicable upon the re- commendations of the minister of agriculture. 43 V.c. 25, s. 9. Exhibition to CCCXCVI. The exhibition of the society shall be held at e held when 6 se : andwhere such time and place as a majority of the directors or of a quo- gaat ory tum thereof think fit, giving due and publie notice thereof. quorum may decide. 43 V. c. 25, s. 10. ji-Gov. to CCCXCVII. Whenever the president and secretary of the aa society testify to the minister of agriculture the organization of “such society, the number of members forming the same, and the amount of the subscriptions paid up with an affidavit in the form in the schedule to this Act, the Lieutenant-Governor in Council may grant to the said society out of the public funds, an amount equal to twice the amount of the subscrip- tions paid as aforesaid ; provided the whole amount granted to such electoral division shall not exceed a’pro-rata share of the amount granted to encourage agriculture in the Province. 48 V.c. 25,8. 11. Nameofso. CCCXCVIIIL. The societies formed under this Act shall be a ciety. corporation under the name of “ The agricultural society of the electoral division of (add the name of the electoral division)” and shall have power to acquire and possess AGRICULTURAL SOCIETIES. Chap. 9. 257 _ real estate and to dispose of ithe same for all the purposes of op dinae of the said society. 43 V.c, 25, s. 12. teal estate. CCCXCI1X. Two or more agricultural societies formed under a ie tay this Act may, by agreement between the directors thereof, or a umite tunds. majority of directors of each such society, unite their funds, or any portion thereof, for any purpose likely to promote the wel- fare of such societies. 43 V. ¢. 25, 8. 13. CD. The several societies organized according to the law Societies shall exirt and continue under the provisions hereof. 43 V. c. continue in 95. s. 14 existence, , 8. 14, CDI. The sections of the division 10 may be cited as “ The How cited. Agricultural Act of Manitoba ;” and the schedule forms re- ferred to in sections 387 and 396 are as follows : fi \ SCHEDULE A. (Sec. 887.) We, the undersigned, agree to form ourselves into a society Schedules. under the provisions of the “ The agricultural act of Manito- ba,” to be called ; and ' we respectively promise to pay to the treasurer of the said so- ciety annually, and as long as we continue members of the said society, the sum set opposite to our respective names; and we promise, moreover, to conform ourselves to the by-laws and regulations of the said society. NAMES, SUBSCRIPTIONS. $ cts. 17 258 Organization. Functions of the council. Chap. 10. TOWN CORPORATIONS. SCHEDULE B. (Sec. 396.) We, A. B,, president of the electoral division agricultural so- ciety of and C. D., secretary-treasurer of the said society, certify and declare that the said society has been regularly organized, that the actual number of members is and that the sum of has been ‘placed in the hands of the treasurer as subscription for the _ year by the members of the said society, and that that sum is actually paid and disposable according to law. Dated this day of A. B., president. C. D., secretary. CHAPTER X. ! The Manitoba town corporations act. é CONTENTS OF THE ACT. Preliminary, s. 1. FIRST PART. Organization of the corporation. J Ot the council, s. 16. Composition of the council, s. 20. Provisions proper to members of the council, s. 24. Of persons bound to accept municipal offices, and of those incapable of or exempt from discharging, s. 37. .- Of persons bound to accept municipal offices, 8. 37. Of persons incapable of discharging municipal offices, s. 39. Of persons exempt from the discharge of municipal office, s. 48. Of municipal electors, s. 53. General elections of mayors and coun- cillors, s. 57. ¢ Vacancies in the office of mayor or councillors, s. 100. s Contestation of the elections of mayor or councillors, s. 102. Of sessions of the council, s. 116, Of officers of the council, s. 186. General provisions, s. 136 Of the secretary-treasurer, s. 153. Sony of the secretary-trefsurer, s. 56. General duties of the secretary-trea- surer, 8. 163. Of auditors, s. 180. of assessors, 8. 182. Of municipal aotices, s. 185. SECOND PART. Functions of the Council. General provisions, s. 202 Provisions applicable the council, s. 210. General powers to make by-laws, s. Government of the council and its of- ficers, 8. 229. . Aid in the construction, improvement and maintenance of works toreign to the corporatinn, s. 232. Statute labour, s. 237. Public markets, s. 241. Sale of bread, s. 246. Sale of intoxicating liquors, s. 247. Public health, s. 262. Public safety, s. 263. Indemnity, aid and rewards, s. 280. to" by-laws of Decency and good morals. 8, 287. Public nuisances, s. 306. Drains, s. 310. Ditches and water courses, s. 312. Public roads, s. 316. Carters, s. 326. Lighting of the town, s. 329. Miscellaneous provisions, s. 836. Water shpply, s. 847. Assessment roll, s. 348. - List of municipal electors, s. 365. Loans, s. 373. Taxes and their collection, s. 888. Infliction of punishments, s. 408. Expropriation for municipal pur- poses, s. 409. TOWN CORPORATIONS. Chap. 10. 259 THIRD PART, , Special proceedings. Execu.ion of judgments rendered Suits before "justices of the peace, s. Special 'pro- against the corporation, s, 418. 439. conaee ceedings, Recovery of penatlies, 8. 431. Appeals to the,County court, s. 448. General provisions, s. 431. ° Her Masssty, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as fol- lows : PRELIMINARY. I. The provisions of this Act shall apply to every town or Preliminary. corporation or municipality, which shall hereafter be establish- ed by charter from the Lieutenant-Governor in Council, and they shall constitute part of the charter relative to such town so as to form with it, one and the same Act, unless they be expressly modified or excepted. 42 V..c, 3,8, 1. Il. For any of the provisions of this Act not to be incorpo- ee rated in the charter, the charter must expressly declare, that pretea. such provisions, specifying them by their numbers, shall not form part thereof; and this Act shall be interpreted accord- ingly. 42 V.e3,8. 2 III. The following expressions, terms and words, whenever Expressions. the same occur in this Act, shall have the méaning, sense and application, which are respectively assigned them in this sec- tion, unless the context of the provision indicates or declares otherwise ; : (1.) The term “charter” means any letters patent granted by Charter. the Lieutenant-Governor in Council, establishing any town, municipality or corporation ; _ (2) The word “municipality” signifies the territory erected Municipality. into a town by special Act or the charter ; (3.) The word “district” means any judicial district establish- District. ed by law, and designates the district in which the town is situated ; ; (4.) The term “county court” means the court in and for the County Court. county ; (5.) The term “member of the council” means and includes the eae mayor and all the town councillors ; , (6.) The term “municipal office’ means all the offices or municipal functions discharged either by the members or officers of the % business at such session, must set forth and declare in the min- utes of the sitting contained in the book of its deliberations, that the notice of meeting has been served in conformity with the requirements of this Act upon the members of the council who are not present at the opening of the sittings.; and if it Hpoticeot, appears that the notice of meeting has not been served on all served upon the absent members, the session shall be immediately closed” ™ : under penalty of all its proceedings being null, 42 V.¢. 3,s. 122. CXXIII. The notice of convocation of every special session Notice of con- of the council as well as the notice of adjournment in the case adjournment. prescribed by section 131, shall be given to the members of the council at least twenty-four hours before the time fixed for the session or the resumption of the adjourned session. 42 V. ¢. 3, s. 123. CXXIV. Every session shall commence at the hour of seven Hour of. com in the evening, unless otherwise determined by the notice of of session. the meeting, by an adjournment, or a by-law, or resolution of the council. 42 V.c. 3, 5. 124 CXXV. The sessions shall be held with open doors until Bow to be otherwise ordained, in virtue of section 238 ; each session shall consist of one sitting, unless adjourned. 42 V.c. 3, s. 125. CXXVL The sessions of the council shall' be presided over ede oer by the mayor or by the pro-mayor, or in absence of both, by sessions. _.< any member chosen from the councillors present ; but the pre- { 278 Chap. 10. TOWN CORPORATIONS. siding officer of the council”’shall maintain order and decorum and decide questions of order, saving an appeal to the council. 42 V.c. 8,5. 126. Deputed_ CXXVIL Every disputed question shall be decided by a Boss 40 Neds majority of the votes of the members present, excepting in : cases where the votes of two-thirds of the members of the coun- cil or of the members present, are required ; and the mayor may give his opinion, but may not vote except in the case of an equal division of votes; but the pro-mayor or any other: councillor who presides may vote whenever any question is put to the vote ; and in case of an equal division of votes the mo- tion is negatived. 42 V.c. 3,8. 127. Mem ber Of CXXVIII. No member of a council shall take part in the council hay- ., 2 meee we : : ing a personal discussion of any question in which he has a personal interest ; ae uae the council, in case of dispute, shall decide whether the mem- in discussion. her has or has not a personal iuterest in the question; and such member shall have no right to vote on the question of his interest ; but this section shall not apply to the naming of committees. 42 V.c. 3,8. 128. ' Nottovoteby OXXIX. Members of the council shall not be permitted to : vote by ballot ; the votes shall be recorded in the minutes of the proceedings of the council whenever required. 42 V. c. 3, 8. 129. eae CXXX. Any. ordinary or special session may be adjourned council. by the council to any other hour of the same day or to a sub- sequent day, without it being necessary to give notice of the adjournment to members not present, except in the case of the following section. 42 V.c¢. 3, s. 180. When thereis_ CXXXI. When there is no quorum, any two members of the * council may adjourn the session, fifteen minutes after the want of a quorum has been established ; the hour of adjournment and the names of the members of the council,present, shall be en- tered in the minutes of the minutes of the sitting in the book of the proceedings of the council; in such case a special notice of the adjournment shall be given by the secretary-treasurer to the members of the council not present at the time of the ad- journment; ‘the service of such notice shall be established when the adjourned session is resumed, inthe same manner as in the case of the notice summoning a special session, and the absence of service of such notice shall render null all proceed-. ings adopted at such part of the adjourned session. 42 V. c. 3,8. 181. coumteoy. CXXXIL The council may appoint committees, composed of mittees. as many of its members as it shall judge convenient, and may delegate to them its powers respecting the examination of any question, the management of any business or particular kind of ‘business, or for the execution of certain duties; but the com- mittees shall render account of their labors and their decisions 2 TOWN CORPORATIONS. Chap. 10. 279 by reports signed by their chairman or by a majority of the eee members who compose them ; and no report or order whatever of a committee shall have any effect, until it has been adopted by the council at a regular session. 42 V. ¢. 3, s. 132. CXXXIIL Everyone who is entitled to be heard before the Fersongent- council or its committees, may be so heard in person or by any pests Diere other person acting; on his behalf, whether, authorized by power of attorney or not; and he may also produce and examine witnesses. 42 V.c. 3, s. 133. Pett , . i CXXXIV. The council or its committees, on every question Council or or matter pending before them, may, ; may : (1.) Take communication of all documents or writings pro- duced in evidence ; (2.) Summon any person residing in the municipality ; (3.) Examine under oath the parties, and the witnesses pro- duced by the parties, and administer or cause te be adminis- tered to them an oath or affirmation.by one of their members or by the secretary-treasurer. 42 V.c. 3, 5. 134. CXXXV. If any one so summoned before the council or the Penalty fr committee fails without just cause to appear at the time and appear before place mentioned in the summons, when compensation has been paid or offered to him for reasonable travelling expenses for going and returning, and fifty cents a day for his time, he shall incur a penalty of not less than four nor more'than ten dollars, or imprisonment not exceeding fifteen days. 42 V. c. 3,8. 135. VIII. OF THE OFFICERS OF THE COUNCIL. 1. General Provisions. i CXXXVI. The council shall always have an officer as custo- OfMicers of the dian of its office and archives, who shall be styled the “secre- tary-treasurer ;” it shall be also the duty of the council, to appoint in the month of March in each year, one or two audi- tors and one or more valuators; and the council, in addition, may appoint all such officers as are necessary to carry into effect its orders and the provisions of the charter and of this Act. 42 V. c. 3, s. 136. : CXXXVIL If the place of any municipal officer. become wy" Y°8™" vacant, such vacancy shall be filled by the council within the thirty days next following ; and every officer appointed to re- place another, shall hold office only for the remainder of the time for which his predecessor was appointed. 42 V.c. 3, s. 137. CXXXVIII. Every municipal officer may be removed by the Removal. council, 42 V.c. 3,8. 138. 280 Chap. 10. TOWN CORPORATIONS. Onticer to be | OXXXIX. Every appointment or removal of a municipal outdelay. officer, shall be made by resolution of the council ; such resolu- tion shall be communicated without delay by the secretary- nee ag to the person who is referred to therein. 42 V.c. 3 8. 13 Officer totake CXL, Every municipal officer who is bound to take the oath of office before entering upon his duties, shall do so within the Default. fifteen days which follow the notice of his appointment; in default of his so deing he shall be deemed to have refused to discharge the duties of the office to which he is appointed, and shall be liable to the penalties prescribed for such refusal ; and he may, nevertheless, until the vacancy caused by his refusal be filled up, enter upon his functions and exercise the same, if | he is capable of doing so, without prejudice to the costs of pro- ceedings instituted against him. 42 V.c.3, s. 140. Certificateto COXLI. Any certificate attesting that an oath of office has ‘ been taken ‘by any municipal officer, shall be filed without. delay, in the office of the council by the person who has taken such oath. 42 V.c. 3, 5. 141. Officers who CXLII. Every municipal officer who has cease to discharge ave ceased to discharge the duties of his office, shall be bound to deliver within eight ane days next following, to the mayor or at the office of the coun- cil, or to his successor, all the moneys, keys, books, papers, in- signia, documents and archives belonging to such office. 42°V. c. 3, 8. 142, f Ineventot = CXLIT. If any municipal officer dies, or absents himsel sence. 2%. from the district, his representatives shall be bound, within one month from his death or departure, to deliver to his sue- cessor, or at the office of the council, the moneys, keys, books, papers, insignia, documents, archives and things belonging to the office so held by him. 42 V.c. 3,8. 143. Porporsten. CXLIV. The corporation shall be entitled, in addition to any * other legal recourse whatsoever, to recover by process of reple- vin, from such officer or his representatives all such moneys, keys, books, insignia, archives or things with costs and dam- ages. 42 V.c. 3,8. 144, CXLV. The corporation may exercise the same rights and obtain the same remedy against all other persons having in their posession, and refusing to deliver up such moneys, keys, insignia, archives and things. - 42 V.c. 3, 8. 145. Officer shall CXLVI. Every municipal officer in whose hands is deposit- for any docu- ed or filed ang document whatsoever, shall be bound on demand ment fled. to give a receipt therefor ; and should the document deposited ; or filed form part of the archives of the council, it shall be the duty of the municipal officer, with all possible speed, to file it among them. 42 V.c. 8,5. 146, 4 TOWN CORPORATIONS. Chap. 10, 281 CXLVIL Whenever an act must be executed by more than Fxecution of two municipal officers, it may be validly executed by the ma- jority of such officers, save in special cases otherwise provided for. 42 V.c. 3, s. 147. CXLVIII. The council cannot, in any manner, discharge or Council ee exempt its officers from the performance of the duties imposed its omicers by the charter or this Act, except in particular cases where formance of such power is conferred upon it. 42 V.c. 3, s. 148. ore CXLIX. The council may, by resolution, establish a tariff of ouneil may fees payable to municipal officers for their services, whether by tariff of fees. persons who shall have required such services or by those on account of whom they shall have been rendered’ or by the cor- poration, in cases in which such fees shall not have been fixed by the provisions of this Act ; and any tariff made under this section shall be posted up in a conspicuous place in the office of the council. 42 V.c¢. 3, s. 149. CL. The council may likewise fix the remuneration of muni- Remunera- cipal officers by the corporation, over and above fees and °er. penalties which they may receive under the authority of this Act, or any other Act, or of the by-laws of the council. 42 V. c. 3.8, 150. CLI. The corporation shall be responsible for the acts of the Pesponsihili- officers of the council, in the execution of the functions in Micers. which they are employed, and also for all damages resulting from their refusal to discharge or negligence in discharging their duties, saving its recourse against such officers. 42 V. c. 3,8, 151, CLIT. Municipal officers shall be liable for their acts or Tmt Mab inity of damages arising from the refusal or neglect to discharge their ficers. duties to the corporation only; save in so far as penalties in- curred hy them shall be concerned, which penalties may be re- covered according to the rules in the third part of this Act. 42 V.c. 3, s. 152. ’ 1. Of the secretary-treasurer. CLIII. The secretary-treasurer shall remain in office during Secretary— 22 the pleasure of the council. 42 V-c, 3, s. 153. reasurer. CLIV. The secretary-treasurer, before acting as such, shal] T°™makeoath. make oath to discharge well and faithfully the duties of his office, and shall, within thirty days next following, give secu- rity in manner prescribed by this Act. 42 V.c. 3,s. 154. CLY. The secretary-treasurer may, from time to time, ap-May appoint : : é : ” an assistant point, under his hand, an “ assistant-secretary-treasurer,” who secretary- may perform all the duties of the office of secretary-treasurer, "°°" with the same right, powers and privileges, and under the same obligations and penalties as the secretary-treasurer him- 282 Chap. 10. TOWN CORPORATIONS. self, except as regards giving security; and in the case of a vacancy in the office of secretary-treasurer, the assistant -secre- tary-treasurer shall continue to perform the duties of the office, assistant until the vacancy is filled ; but the assistan t-secretary-treasu- treasurer to yer shall not enter the office until after making oath to discharge -’ well and faithfully the duties of such office ; he may be removed or superseded at will by the secretary-treasurer ; and, in the performance of his functions, he shall act under the responsi- bility of the secretary-treasurer who appointed him. 42 V. c. 38,9. 155. _§ 1. Security furnished by the secretary-treasurer. oem eed oy ~«CLVI. Thesecretary-treasurer shall furnish either one or two secretary- sureties, whose names shall be first approved by resolution of treasurer. the council. 42 V.c. 3,s. 1586. CLVII. The sureties shall bind themselves, jointly and severally with the secretary-treasurer, towards the corporation, for the due performance of the duties of his cffice, and for the payment of all moneys, for which the latter, in the exercise of his office, may be accountable, whether principal, interest, costs, » penalties or damages. 42 V.c. 3, c 157. Council may ©OLVITII. The security shall be given in such form and for mae such amount as tke council may decide. 42 V.c. 3, s. 158. Sureties. CLIX. The sureties of the secretary-treasurer may, at any time, by giving notice in writing of their intention to the secretary-treasurer himself and to the mayor, free themselves from future liability under their bond, at the expiration of Notice. , thirty days after the service of such notice; such notice shall . be given'and served by a bailiff or by the surety himself in a withdrawin zg, Writing delivered in presence of one witness who signs ; and the secretary-treasurer shall, within thirty days after the service of such notice, furnish other sureties in lieu of those who have withdrawn ; in default of his so doing, he shall not discharge -any of the functions of his office, under the penalty of twenty dollars for each infraction of this provision. 42 V.c. 3, s. 159: When surety CLX. Whenever one of his sureties dies or becomes insol- S, or be- ; comes insol- vent, the secretary-treasurer, shall, so soon as he becomes veut aware of such fact, inform the mayor in writing thereof; and he shall supply the place of such surety within the thirty days next following; in default of his so doing he shall not perform any of the duties of his office, under the penalties prescribed by the preceding section, 42 V.c. 3,s. 160. ‘ Suretieswhen CLXI. The sureties of the secretary-treasurer, afterthey are ability. freed from future liability under their bond, or after the secre- tary-treasurer has ceased to discharge the duties of such office, may exact trom the mayor a certificate of discharge for the fu- ture, which certificate, after registration thereof, shall discharge TOWN CORPORATIONS. Chap. 10. 283 thenceforth the immovables hypothecated, if any, from such se- curity bond. 42 V.c. 3,s. 161. CLXII. The mayor on the authorization of the council may Mayor to sgn sign the discharge of the mcrtgage given by the sureties of the mortgage. secretary-treasurer, 'in’cases where such discharge may be asked and granted. 42 V.c. 3, s. 162. § 2. General duties of the secretary-treasurer. CLXIII. The secretary-treasurer shall be the keeper of all Duties of se: the books, registers, plans, maps, archives and other documents surer. and papers, which are either the property of the corporation, or are produced, filed and preserved in the office of the council ; and he shall nct divest himself of the custody of these archives except with the permission of the council, or under the author- ity of a competent court. 42 V. c. 3, s. 163. CLXIV. He shall attend at all sessions of the council and draw up minutes of all the acts and proceedings thereof, in a register kept for that purpose, and called “the register of pro- ceedings ;” and all minutes of the sittings of the council shall be approved by the council, signed by the person who presided over the council, and countersigned by the secretary-treasurer ; and whenever a by-law or a resolution is amended or repealed, mention shall be made thereof in the margin of the register of proceedings, and opposite such by-law or resolution, together with the date of the amendment or repeal. 42 V.c. 3, s. 164. CLXV. Copies and extracts certified by the secretary-trea- Poplesandex- surer from all books, registers, archives, documents and papers preserved in the office of the council, shall be evidence of their contents, 42 V.c 3,s. 165., : CLXVI. The secretary-treasurer shall collect and have Moneys charge of all moneys due or payable to the corporation. 42 V. c. 3, s. 166. CLXVII. The secretary-treasurer may deposit in any corpo- $2cretary, | rate bank the moneys arising from municipal taxes and assess- deposit in any ments, or belonging to the corporation, and may allow them to bank. remain there, until they are employed in the purpose for which they were levied, or until otherwise disposed of by the council ; and he shall be bound to do so, if required by the council or the mayor. 42 V.c. 3, s. 167. CLXVIII. He shall pay out of the funds of the corporation Authority to. all sums of money due by it, whenever authorized to do so by the council ; but if the sum to be paid:does not exceed ten dol- lars, the authorization of the mayor shall be sufficient; and even in the absence of authorization from the council or from Draftor the mayor, it shall be his duty to pay out of the funds of the corporation, any draft or order drawn upon him, or any sum demianded by any one empowered so to do by the provisions 284 Penalty for infraction of following. Books to be open for in- spection. Further du- ties of secre- tary-treasur- er, Fees. To furnish Presitoue ly Lt.-Gov. To render de- tailed account annually. | Chap.°10. TOWN CORPORATIONS. of this Act, or of the charter, or by the by-laws of the council ; but no draft or order can, however, be legally paid, unless the same shall show sufficiently the nature of the use to be made of the sum therein mentioned. 42 V. c. 3, s. 168. CLXIX. In addition to any other legal remedy whatsoever the secretary-treasurer shall not under a penalty of twenty dollars for each infraction : (1.) Grant discharges to ratepayers or other persons indebted to the corporation for municipal taxes, or other debts, without having actually received in cash or in lawful value the amount mentioned in such discharges ; (2.) Lend, directly or indirectly, by himself or by others, to ratepayers or other persons whatsoever, moneys received in payment of municipal taxes or belonging to the corporation. 42 V.c, 3, 8. 169, CLXX. The secretary-treasurer’s books of account and vouchers for his expenditure, together with all the registers or documents in his possession as archives of the council, shall be open for inspeetion and examination on office days, between the hours of ten if the morning and three in the afternoon, to members of the council, to municipal officers, to every interest- ed party, and to all ratepayers of the municipality or their at- torneys. 42 V.c, 3, s. 170. CLXXI. The secretary-treasurer shall be bound to deliver, upon payment of his fees to any person applying for the same | copies or extracts from any book, roll, register, docurnent or other paper, which forms part of the archives; and it shall be also his duty to send without delay, by mail to the principal lace of business of any corporation, or iron railway company, which shall have filed in the office of the council a general ap- plication to that effect, and shall have made such principal place of business known, a certified copy of every public notice, by-law or resolution filed for homologation, or homologated, which affects such corporation or company, as well as a certi- fied extract from the assessment roll, including the valuation of the taxable property of such corporation or company, to- gether with a bill of his fees, which the company shall be bound to pay immediately on receipt of such document; and his fees until established under section 149, and unless otherwise fixed by the provisions of this Act, shall be fifteen cents per hundred words, and one dollar for the certificate ; the secretary-treasu- rer, nevertheless, shall be bound to furnish gratuitously any copy or extract required by the Lieutenant-Governor, or by the council or its officers. 42 V.c. 3, s, 171. CLXXII. The secretary-treasurer shall be bound to render once a year, and oftener if required by the council, a detailed account of his receipts and expenditure. 42 V.c.3,s8.172. ~ TOWN CORPORATIONS. Chap. 10. 285 CLXXIII. The seeretary-treasurer, or whoever shall have May be sued filled the office, may be sued by the corporation to render such account, and may be in such action condemned to render ac- count, and if he renders an account, to pay the sum which he shall admit to be due, or which he shall be declared to owe, together with all such other sums as he ought to have debited himself with, or which the court holds him accountable for, with interest and the costs of suit; and every such judgment Judgment. shall carry with it imprisonment if the same has been demand- ed in such action of account. 42 V. ¢. 3, s. 173. CLXXIV. The secretary-treasurer shall be bound, between Pownéte pe the first and thirty-first days of January in each year, to trans- fo Fepyineial mit to the Provincial secretary a return showing: nually. (1.) The name of the corporation ; (2.) The estimated value of the taxable real estate : (3.) The estimated value of the real estate not subject to taxa- tion ; (4.) The number of persons paying taxes ; (5.) The rate of assessment in the dollar imposed for all pur- poses whatsoever ; ‘ (6.) The value of the property of the corporation ; (9.) The amount of taxes collected within the year ; (8.) All other sums collected ; (9.) The amount of arrears of taxes ; (10.) The amount of loans raised by the corporation by means of debentures or otherwise ; 2 (11.) The rate and the amount of interest due upon such loans ; ‘ (12.) Other debts ; (13.) The amount raised by loan within the year ; (14.) The expenditure on salaries, and other expenditure for municipal administration ; (15.) All other expenditure ; (16.) The number of persons resident in the municipality. A2 Vc. 3,8. 174. yLXD ll i i ) nat Prescription CLXXYV. All actions, claims or demands against the secre- of ciniths e 286 Chap. 10. TOWN CORPORATIONS. ee, tary-treasurer, ‘resulting from his administration, shall be er. barred in five years from the date of the last account rendered by him. 42 V.c. 3,5. 175. ea CLXXVI. The office of secretary-treasurer shall be estab- surer,when to lished in the place where the sessions of the council are held, be established ov in any other place fixed from time to time by resolution of the council. 42 V.c. 3,5. 176. Duty. CLXXVII. The secretary-treasurer shall perform whatever it is his duty to perform under the provisions of the law re- specting the list of electors of the Legislature. 42 V.c. 3,s. 177. § 3. Of the auditors, Auditors. CLXXVIIL. The auditors shall enter on their functions as soon as they are sworn to discharge well and faithfully the du- ties of their office ; and they shall remain in office until the entry into office of their successors, 42 V.c. 3, s. 178. Toexamine #CLXXIX. The auditors shall be bound once a year, at the aroun’ "°° time fixed by the council, and oftener if required, to make an examination of and to report respecting all accounts of the cor- poration and all accounts relating to any subject falling within i ac the jurisdiction of the council ; and such report shall include all the financial affairs of the corporation for the twelve months preceding. 42 V.c. 3,8. 179. = § 4. Of valuators. Maluators: CLXXX. No person shall be an assessor unless he possesses as proprietor in the town, either in his own name, or in that of his wife, real estate to the value of one thousand dollars, ac- cording to the assessment roll in force. 42 V. c. 3, s. 180. May demand. CLXXXI. Assessors in the execution of their duty may de- services of * * x clerk. mand the servioes either of the secretary-treasurer or of any Remunera’ other clerk ; and the secretary-treasurer or clerk whose services shall have been so required shall be entitled, for every day dur- ing which he is employed, to a sum not exceeding two dollars, payable by the corporation on certificate from the assessors who employed him, , 42 V. ¢. 3, 3. 181. Oath of asses- CUXXXIT. The assessors before acting as such, shall each take the oath following : “I appointed : assessor by the town of , swear solemnly that I will honestly and justly discharge the duties of the said office, to the best of my judgment and capacity : so help me God.” 42 V.« 3,5, 182. Ik. CF MUNICIPAL NOTICES. oe CLXXXIII. Every notice given under the provisions of this TOWN CORPORATIONS. Chap. 10. 287 Act, of the special Act or of the orders of the council, or for ‘ municipal purposes, shall be drawn up and published or served in accordance with the formalities prescribed in the following sections. 42 V. c. 3, 3. 183. CLXXXIV. Every notice so given shall be either special or public and shall be given in writing : public notices shall be published ; special notices shall be served. 42 V.c. 3, s. 184. CLXXXV. Every copy of a notice which must be served, published or posted up, shall be attested either by the person who gives such notice, or by the secretary-treasurer of the coun- cil. 42 V.c. 3,5. 185. CLXXXVI. The original of every notice shall be accompa- nied by a certificate of publication or of service, made by the person publishing or serving the same ; and the original of such notice and the certificate which accompanies it shall be filed by the person who has given the notice in the office of the coun- cil, to form part of the municipal records. 42 V.c. 3, s. 186. CLXXXVII. The service of a special notice shall be effected Hom forsee, by leaving a copy of the notice with the individual to whom it e4 is addressed, in person, or with a reasonable person at his domi- cile or at his place of business, even when occupied by him in partnership with some other person ; except in cases where the service is made by mail. 42 V.c. 3,s, 187. CLXXXVIII. Every owner of land or ratepayer, domiciled Ratepayer without the limits of a municipality, may, by a special notice anagent. filed in the office of the council, appoint an agent to represent him for municipal purposes. 42 V. c. 3,8. 188, CLXIX. The special notice addressed to an absent proprietor Notice to be or ratepayer, who has appointed an agent residing in the muni- such agent. cipality, shall be served on such agent, in the same manner as on a resident proprietor ; and if an agent, resident in the mu- nicipality, has not been appointed, the notict shall be served by lodging in the post office of the locality, a copy thereof ina sealed and registered envelope addressed to the absent proprie- - a or to any agent he may have appointed. 42 .¢, 3,8, 189. CXC. No one is bound to give a special notice to any absent Absen tpro-! : a prietor. 49 proprietor who has not appointed an agent unless such pro- prietor has made known his address in writing by filing the same in the office of the council. 42 V.c. 3,8. 190. _CXCI. Special notices cannot be served, except upon judi- When notice cial days, and between the hours of seven in the morning and seven in the afternoon. 42 V.c. 3, s. 191. CXCII. If the doors of the domicile or place of business served wen where service of a special notice should be made, are ciosed, or greed? 288 ‘Chap. 10. TOWN CORPORATIONS. , if there is no reasonable person therein, service is effected by affixing a copy of the notice on one of the doors of the domi- cile or place of business. 42 V.c. 3, s. 192. cet unoaiats CXCIII. The intermediate delay after special notice shall ; run from the day on which such notice was served, exclusive of such day. 42 V.¢. 3, s. 198. Publication of CXCIV, The publication of a public notice for municipal , purposes, shall be made by posting up a copy of such notice at one or two public places in the municipality, from time to time, determined on by resolution of the council; and in de- fault ‘of localities determined upon by the council the public notice shall be posted upon or near the principal door of at least one place of public worship, if any there be, and at some other place of public resort in such municipality. 42 V. «. 3, s. 194, Insertionin © CXCV. Every time a notice is ordered to be published in newspapers: one or more newspapers, such notice shall be inserted in news- papers published at least once a week in the town, if any there be, if not, in newspapers of the district or of the neighboring district, if no newspapers: are published in the first district ; and the same rule applies when such notice must appear in two newspapers published in different languages. 42 V.c. 3, s. 195, English and CXCVI. No notice can be inserted in English and in French rench. s s ¥ in newspapers published in one of these languages only. 42 V. c. 3,8. 196. Wafiatedciay CXCVII. Except in cases otherwise provided for, the inter- to date from. mediate delay after a public notice shall date from the day on which such notice has been made public; if it is ordered that the notice must be published in a newspaper, the intermediate de- lay shall date from the day of the first insertion of such notice; if the notice is published in several newspapers upon different days the intermediate delay shall date from the day of the first insertion made in the newspaper which publishes such no- tice last: in all cases the day on which the notice was made public shall not count. 42 V. ¢. 3, s. 197. Publicnotices CXCVIII. Public notices shall be applicable to and binding to be binding i ae oe on non-resi-- Upon proprietors or ratepayers domiciled out of the municipal- dents. * ity, in the same manner as upon residents,except in cases other- wise provided for. 42 V.c 3, s. 198: Informatity OXCIX. Any person who, has acquiesced in that which is of any notice, e . i required by a notice, or who has in any manner whatsoever become sufficiently acquainted with its tenor or object, shall not thereafter avail himself of the insufficiency or informality of such notice, or of the omission of its publication or service. 42 V.c. 3,'s. 199. — { TOWN CORPORATIONS. Chap. 10. 289 SECOND PART. FUNCTIONS OF THE COUNCIL. 1. General provisions. CC. The council shall have jurisdiction throughout the en- functions ot tire extent of the municipality, and beyond the limits of the municipality in special cases where more ample authority is conferred upon it. 42 V. c.. 3, s. 200. CCI. By-laws, resolutions and other municipal orders shall be passed by the council in session. 42 V.c. 3, s. 201. CCII. The council in the discharge of its functions, shall, in addition to the formalities required by the provisions of this Act, fulfil all those prescribed by the charter and by the by- laws in force in the municipality. 42 V.¢. 3, s. 202. CCIII Any minute, roll; resolution or other order of the pees council, may be set aside by the county court of the district, by reason of illegality, in the same manner, with the same de- lay, and with the same effect, as a by-law of the council, and shall be subject to the provisions of sections 215 and 225. 42 V.c. 3,8. 203. CCIV. The office of the council shall be that which is occu- O79 pied by the sécretary-treasurer in his official capacity, and shall be held within the limits of the municipality. 42 V. « 3, s. 204. CCV. Any document, order or proceeding of a council, the Documents publication of which is required by the provisions of this Act, Published. or of the charter, or by the council itself, shall be published in the manner and at the pleces prescribed for public notices, ex- cept in cases otherwise provided for, 42 V.c. 3, s. 205. CCVI. Documents produced as exhibits, and filed in the of- es fice of the council or with its officers, shall be returned on_re- isto np ceipt to the persons who produced the same, whenever they shall require them ; provided always that the question in rela- tion to which they were produced has been decided. 42 V.c.° 3, s. 206. CCVII. Every service which should be made at the office of Service on the council, may be made with equal validity, on the secretary- treasurer. treasurer personally out of such office; and in such case, how- ever, the receipt cannot be demanded unless the production or deposit has been made with the secretary-treasurer personaliy. 42 V. c. 3, 8. 207. II. PROVISIONS APPLICABLE TO BY-LAWS OF THE COUNCIL. COVIII. The original of every by-law to be authenti: shall epolicable to 19 -290 Chap. 10. TOWN CORPORATIONS. by-laws ofthe he signed by the presiding officer of the council at the time’ of the passing of such by-law, and by the secretary-treasurer ; if such by-law requires to be submitted for the approval of the municipal electors before coming into force, and that such ap- proval has been given, a certificate under the signatures of the mayor and the secretary-treasurer establishing the fact, shall accompany the original of such by-law and shall form part thereof. 42 V.c. 3,5. 208. Book of the CCIX. The original of every by-law shall be registered at »y-laws. length in a special book entitled, “ book of the by-laws. of the council of the town of .” and such entry shall be signed by the mayor and countersigned by the secretary- - treasurer; and the secretary-treasurer shall further enter into such book, at the foot of every by-law registered therein, a copy certified by himself of the notice of publication of such by-law. 42 V.c. 3, 8. 209. G Onebyavect _ COX. One and the same by-law may respect several of the yee objects mentioned in the provisions of this Act or of the char- ter; and in the event of the various objects, with regard to which one and the same by-law disposes, requiring the appro- val of the municipal electors, one approval alone shall be suffi- cient for the whole by-law. 42 V.c. 3, s. 210. By-laws— ne CCOXI. The by-laws of the council shall come into effect and into effect. have the force of law, if not otherwise provided in the provi- sions of the by-laws themselves, fifteen days after the day of publication ; saving always those cases otherwise provided for : under the provisions of this Act or of the charter. 42 V. c. 3, s. 211. Whenby, _ CCXIL The by-laws which, in virtue of their own provi- comerate: sions, those of this Act or of the charter, do not come into afteracer- force until after the expiration of a certain period, shall be pub- tain period. lished at least fifteen days before such period. 42 V.c. 3,s. 212. iat lea CCXIII. The by-laws shall be published after the passing ‘ thereof, or their definitive approval in cases which they are * submitted for the approval of the municipal electors, by a pub- lic notice in which mention shall be made of the object of the by-law, of the date on which it was passed, and of the place where communication may be taken thereof; and such notice shall be given under the hand of the secretary-treasurer, and published in the ordinary manner ; if the by-law is approved of by the municipal electors, the notice of publication shall also mention that such formality has been observed, and the date upon which it was complied with; and the council may, moreover, publish its by-laws in one or more newspapers. 42 V.c. 38, 8. 213, Baendte CCXIV. By-laws shall be executory and remain in force foree until until they are amended, repealed or annulled by competent au- TOWN CORPORATIONS. Chap. 10. 291 thority, or until the expiration of the period for which they *™en4e* have been made. 42 V. c. 3,8, 214 CCXYV. By-laws which before coming into force and effect Shall not he have been submitted for the approval of the municipal electors, neposlod ex: shall not be amended or repealed except by another by-law ap- other by-law. proved in the same manner, 42 V.¢.3,8.215, | CCXVI. The repeal or amendment of any by-law can only Panes Oh be made by means of another by-law; and before proposing ofany by-law. such by-law it shall be necessary that a notice of motidn there- of shall have been given at a previous session. 42 V. ¢. 3, s. 216. CCXVII. ‘Any municipal elector, in his own name, may, by Ramones a petition presented to the county court, demand and obtain and ground on the ground of illegality, the annulment of any by-law of %es@lity- the council, with costs against the corporation. 42 V.c. 3, 8. 217. CCXVIII. The annulment of part only of a by-law may be demanded and obtained in the same way. 42 V.¢. 3,8. 218. CCXIX. The petition shall set forth in a clear and precise Petition to manner the reasons alleged in support of the demand, and shall ‘ be accompanied by a certified copy of the by-law impugned, if such copy could be obtained ; if such copy cotild not be obtain- ed, the court, upon application being made to it to that effect, shall order the production thereof by the secretary-treasurer of the council; and the secretary-treasurer shall be for such purpose deemed to be an officer of the court giving such order. 42 V.c. 3, 8. 219. t _CCXX. The petition shall be served at the office of the coun- ent cil, eight days at least before it is presented to the court. +2 served. V.c. 3, s. 220. CCXXI. The rules prescribed in sections 104, 105, 106; 107, Rules. 108, 110 and 112, shall apply also mutatis mutandis to the petition presented in virtue of the four preceding sections. 42 V.c. 3, 8. 221. CCXXI. The court may, by its Judgment, annul such by- The fae: law in whole or in part, order the service of such judgment at meet Rodd the office of the council interested, and cause the same to be?” published either in the manner prescribed for the publication of vane - the council, or in one or more newspapers. 42 V. c. 3, 8, 222. CCXXIII. Any by-law or part of a by-law so annulled, shall By-law an- : nulled shall cease to be in force from the date of the judgment. 42 V. ¢, 3, cease to be in force. s. 223. - Responsibili- CCXXIV. The corporation shall be alone responsible for the ty for putting 292 Chap. 10. TOWN CORPORATIONS. inyforce: damages and rights of action which may arise from the put- ting in force of any by-law or part of a by-law, the annulment of which shall have been so attained. 42 V.c. 3,8. 224. Bight vont. , COXXY. The right of demanding the annulment of a by-law is limited to three months next after the entry into force of such by-law. 42 V.c. 3,8. 225. Il. GENERAL POWERS TO MAKE BY-LAWS. Powers io CCXXVI. The council shall have the right to make, amend, laws.” repeal or substitute, in whole or in part, by-laws which refer . to itself, its gfficers, or the municipality, upon any of the sub- jects following: 42 V.c. 3,8. 226. (1. Government of the cowncil and its officers.) Government COXXVII. To regulate the manner in which debates axe to of the council : : : andits. be carried on, and order and decorum preserved during the sit- ee tings of the council or of the committees: and to determine the period and the place of the ordinary sessions of the council, and to fix the number of days such sessions may last. 42 V. ¢. ’ 8,8. 227. By-lawstobe CCXXVIII. To order that the municipal by-laws, before times. the passing thereof, be read three times, either on the same or different days. 42 V.c. 3,8. 228. ee CCXXIX. To define the duties not defined by this Act, of eck the officers of the council. 42 V. c. 3, 5,229. (2. Aid in the construction, improvement and maintenance of public works or undertakings not belonging : to the corporation.) Aid in im- CCXXX. To assist by money, granted or lent, in the con- provement of « : : : public works struction, repair or maintenance of any road leading to the mu- to corpora. £ nicipality, or of any bridge or public work, under the direction HOE, of the corporation of any other municipality. 42 V. c. 3, 5. 280. CCXXXI. To-aid in the construction of any bridge, cause- way, pier, wharf, macadamized or paved road, railroad, or other public work, situated in whole or in part within the municipality -- or in its vicinity, to be undertaken and built by any incorpo- rated company, or by the provincial government : (1.) By taking and subscribing for sharesia any company formed for such purposes ; (2.) By aoe elaes money to such company or to the _ provincia er ; TOWN CORPORATIONS. Chap. 10. 293 (3) By guaraateeing by endorsation or otherwise any sum of money borrowed by such company. 42 V.c. 3,8. 231. CCXXXII. To subscribe for or hold stock in any. company formed for the purpose of constructing electric telegraph lines. 42 V. 2.8, s. 232. CCXXXIII. Every by-law passed in virtue of the two pre-Sugh bylaws ceding sections, before coming into force and effect, shall be ed by electors, approved by the electors of the municipality who are proprie- tors in the manner prescribed in section 385 and the following to section 389 inclusive. 42 V. c. 3,5. 233. CCXXXIV, By-laws made in virtue of sections 230, 231 and Conditions, 232 may determine the conditions under which assistance or subscription for shares is authorized. 42 V. c. 3, s. 234. (3. Statute labor.) CCXXXV. No person in Her Majesty’s naval or military St#tte labor. service on full pay, or on actual service or a member of a fire. brigade, shall be liable to perform statute labor or to commute therefor. 42 V.¢. 3,8. 235. CCXXXVI. Every other male inhabitant of the town corpo- ration or municipality of the age of twenty-one years and up- wards, who has not been assessed upon the assessmeut roll of the town corporation, or municipality, or whose taxes do not amount to two dollars shall be taxed at two dollars yearly, which shall be collected in the same manner as other taxes: and it is competent for any person (resident or non-resident) Pe liable to statute labor within the town corporation, or munici- person to pality, to compound for such labor, for any term not exceeding as aaa five years, at any sum not exceeding one dollar for each day’s labor. 42 V.c. 3, s. 236. _CCXXXVII. The council by by-law may provide that a sum fommuta of money not exceeding one dollar for each day’s labor, may or labor. shall be paid in commutation of such statute lahor. 42 V. ce. 3, 8. 237. t COXXXVIIL The council may, by by-law, enforce the per- Gpvoreement | formance of statute labor or payment of a commutation in ance. money in lieu thereof, when not otherwise provided by law. 42 V. c. 3, 8. 238. CCXXXIX. The council may by law regulate the manner Regulation. and the divisions in which statute labor or commutation money shall be performed or expended. 42 V. ¢. 3, s. 289. (4. Public Markets.) CCXL. The council may pass by-laws to establish, change, Public ere abolish or keep in order public markets or places in which 294 Chap. 10. TOWN CORPORATIONS. public markets are held ; and to regulate the lease of stalls or stands therein or in their vicinity for the sale or offering for sale of every description of goods, merchandise, or wares, or of any specific commodity. 42 V.c. 3, s. 240. CCXLLI. Also to establish and maintain public weigh-honses. 42 V.c. 3, 5, 241. , CCXLII. Also to determine and define the duties and powers of all officers employed in superintending public markets and weigh-houses, within the whole extent of the municipality. 42 V.c. 3, 8. 242. COXLIII. And generally to determine all matters relating to ‘the public markets, 42 V. ¢. 3, 8. 243, CCXLIV. Also to impose a tax on all persons selling on the high roads, markets or market place of the corporation. 42 V. c. 8, 8. 244, (5. Sale of bread.) Sale of bread. =OCXLV. Also to fix the weight and quality of each loaf sold or offered for sale in the municipality ; and prescribe the marks which it should bear. 42 V. c. 3, 5. 245. (6. Sale of intoxicating liquors, etc.) Sale of intox- CCXLVI. Also to fix a sum not less than one hundred dol- quors,ete. lars, payable for the granting of each certificate to obtain a license authorizing the sale of spirituous, vinous, alcoholic, or intoxicating liquors; and to grant tavern licenses (that, is li- censes for the retail of spirituous, fermented, or other manufac- - tured liquors to be drunk in the inn, alehouse, beerhouse, or other house or place of public entertainment within the town, corporation or municipality in which the same is sold), and for granting grocery licenses (that is, licenses for the sale of such liquors in shops, stores, or places other than inns, ale- houses, beerhouses, or places of public entertainment. 42 V. c. 8, s. 246. Termsand .: CCXLVII. also to declare the terms and conditions requir- conditions. ed to be complied with by an applicant for a tavern or shop license, and the security to be given by him for observing the same. 42 V.c. 3,5. 247. hember of CCXLVIII. Also to limit the number of tavern and shop licenses respectively. 42 V.c. 3, s. 248. peemene CCXLIX. Also to regulate the houses or place licensed ; and to prohibit the sale by retail of spirituous, fermented, or other manufactured liquors, in any inn or other house of entertain- ment, and to prohibit the sale thereof in shops and places other than houses of public entertainment. 42 V. c. 3, s, 249. \ TOWN CURPORATIONS. Chap. 10. 295 CCL. Also to appoint annually, one or more fit and proper Appointing persons possessing the same property qualifications as that re- quired for the councillors of the town, corporation or munici- pality, to be inspector of shop and tavern licenses, who shall hold office during the current year and any vacancy occurring during the year shall be filled by the council for the remain- der of such year. 42 V.c. 3,8, 250. CCLI. Also to fix and define the duties, powers and privi- Refining leges of the inspectors so appointed, the remuneration they inspectors. shall receive and the security to be given by them for the effi- cient discharge of the duties of their office, such by-laws not being contrary to law. 42 V.c. 3,8. 251. : CCLIL. Also to license, regulate and govern all persons who, n°? for hire or gain, directly or indirectly, keep or have in their possession, or on their premises, any billiard table, bagatelle table, pigeon-hole table and bowling alley, and for fixing the the sum to be paid for license, so as to have or keep such tables and alley, and the time such license shall be in force. 42 V.c. 3,8. 252. - ‘CCLIIL Also to limit the number of, and regulate victual- Toumt ling boarding-houses, and to license the same. 42 V.c. 3,s. ae 258. CCLIV. Also to license, regulate and govern auctioneers, 7o.uen Sen. and other persons selling or putting up for sale goods, wares, 17s goods, ete, merchandise, or effects by public auction, 42 V.c¢. 3, s. 254, : bg CCLV. Also to license, regulate and govern hawkers, or Lao ete, petty shopmen, and others persons carrying on petty trades, who have not become houséholders or permanent residents in the town corporation, or municipality, or who go from place to place, or to other men’s houses, or in or with any boat, vessel, or other craft, or otherwise carrying goods, wares, or mer- chandise for sale. 42 V.c. 3,8. 235. CCLVI. Also to license and regulate ferries between any Fes: two places in the town corporation, or municipality, and to es- tablish the rate of ferriage to be taken thereon. 42 V.c¢. 3,s. 256. CCLVII. Also to regulate and license the owners of livery Mivery. and feed stables, and of horses, cabs, carriages, omnibusses and other vehicles used for hire, for establishing the rate of fare to be taken by the owners or drivers, and for enforcing the payment thereof. 42 V.c. 3, s. 257. -CCLVIII. Also to regulate and license scavengers and chim- §¢2¥°"2""" ney sweeps, and for fixing and enforcing the payment of such rates as may be allowed to them for their services, and to de- fine their duties. 42 V. c. 3, 5. 258. 296 ‘Chap. 10. TOWN CORPORATIONS. poforpid | CCLIX. Also to forbid infants, apprentiees or servants to ‘ frequent inns, hotels, restaurants and shops in which intoxicat- ing liquors are sold. 42 V.¢. 8, s. 259. : , (7. Public health.) Publichealth. OCLX. Also to take proper measures for securing the, in- habitants of the municipality from contagious or pestilential diseases, or for diminishing the danger or effects resulting there- from ; and to establish one or more boards of health. 42 V.c. 3, 8. 260. (8. Public safety.) Public safety. COLXI. Alsoto compel the proprietors or occupants of houses or other buildings to provide a fixed number of fire buckets, and to have ladders from the ground to the eaves, and trom the eaves to the top of the roof. 42 V.c. 3, s. 261. CCLXIT. Also to prevent any person from entering any cat- tle shed, stable, pig-sty, barn or out-house with a light not en- closed in a lantern, or with a lighted cigar or pipe, or from car- rying into the same any fire without proper precaution. 42 V, c. 3, 8. 262. fe ete. . CCLXIII. Also to prevent any person from lighting or keeping a fire in any hangar, pig-stye, barn, shed or other building} otherwise than in a chimney or metal stove. 42 V. c. 3, 3, 263. Carrying fre* CCLXIV. Also to prevent any person from carrying fire over in public 5 ° . street. any public street, or in any garden, yard or field, otherwise ‘than in a metal vessel. 42 V. c. 3,5. 264. To keep doors CCLXV. Also to compel the owners or occupants of barns, , threshing houses or other buildings containing combustible or inflammable substances, to keep the doors thereof shut. 42 V. c. 3,8. 265. ao come CCLXVI. Also to compel the owners or occupants of houses have chim: to have or permit their chimneys to be swept ; to regulate the * manner in which such chimneys shall be swept, and the num- ber of times they shall be swept within a given period ; to name the sweeps to be employed and to fix the amount payable to the sweeps or to the council. 42 V. ¢. 3, s. 266. Precautions CCLXVII. Also to determine the precautions to be adopted n sale of . : : gunpowder. in the sale and carriage of gunpowder or other explosive sub- stances. 42 V.c. 3,58. 267. ae CCLXVIII. Also to regulate the manner in which quick lime or ashes shall be kept or deposited. 42 V. c. 3, 5. 268. To authorize i i ' Dement te CCLXIX. Also to authorize certain persons to cause to be: TOWN CORPORATIONS. Chap. 10. 297 pulled down, remove or demolish such buildidgs as may appear pul ore, necessary in order to avert. the progress of any fire, saving all case of fire. damages and indemnity payable by the corporation to the pro- prietor of such buildings, to an amount agreed between the par- ties, or on contestation, to an amount settled by arbitrators ; and, in the absence of any by-law under this section, the mayor Mayor may may, during the course of any fire, exercise this power by giv- cial power. ing special authorization, 42 V. ¢. 3, 8. 269. CCLXX. Also to authorize the formation and organization firemen or of one or more companies of firemen or sappers, and to deter- mine the duties of the members of such companies. 42 V. c. 3, s. 270. CCLXXI. Also to provide for the purchase of fire-engines or Prowige for apparatus destined for the same purpose ; and generally to fre engines. adopt measures most calculated to prevent accidents through fire, and to avert its progress. 42 V.c. 3,8. 271. CCLXXII. Also to establish, authorize, or cause to be estab- noe lished after each fire an enquiry into the cause and origin of such origin of fire. fire : and for this purpose the council, or a committee composed of twoor more members by it authorized, may summon wit- nesses, and compel them to appear and give evidence, and to examine them under oath to be administered by any one of their members. 42 V.c. 3, s. 272. CCLXXIL_ Also to construct fire-proof buildings for the re- puro! ception and storage of oils and other inflammable fluids, liquids or substances. 42 V. c, 3, 8, 273. CCLXXIV. Also to prevent all persons from setting off fire. [yeyent per works or crackers, or from discharging fire-arms, or lighting of fireworks. fire in the open air, on the high road or in the neighborhood of any building, grove or enclosure, or to permit the same under certain conditions. 42 V. c¢. 3, 8.274. CCLXXV. Also to cause to be demolished or removed all 49 f¢molish dilapidated walls, chimneys or buildings in ruins or likely to Walls. fall ; and to determine in what time, by whose means, and at whose expense such demolition or removal shall be effected. 42 V. cc. 3, 8, 275. : CCLXXVI. Also to prevent the erection of wooden buildings frenent erec- or fences in the municipality, or in any fixed part thereof, en buildings. 42 V. ¢ 3,8. 276. To compel CCLXXVII. Also to compel all proprietors or occupants of ;ocomPel, houses or other buildings erected on the public street, to. re-°w- move the snow and ice from the roof of such buildings or edifices. 42 V.c. 3, 8, 277. 298 Chap. 10. TOWN CORPORATIONS. (9. Indemnities, relief and rewards.) fierand’” _ CCLXXVITI. Also to indemnify persons whese property rewards. & has been destroyed or injured, either wholly or in part, by riot- ers‘or persons tumultuously assembled within the limits of the Corporation municipality ; and the council is authorized to levy, over and may be sued ve indefault above any other tax, on the taxable property of the municipa- saeeee lity, the amount which the corporation may be bound to pay for damage occasioned to property by rioters or persons riot- ously assembled ; but in default of the council paying such da- mages within six months, according to the decision of arbitra- tors, the corporation may be sued before any competent court for the damages so occasioned. 42 V. ¢.3, s. 278. ent CCLXXIX. Also to relieve any person who has received any wound or contracted any sickness or disease at a fire. 42 V. c. 3,8. 279. aa CCLXXX. Also to grant rewards, in money or otherwise, to any person who performs a meritorious action at a fire, or who saves or endeavors to save any one from drowning or from other serious accident. 42 V. c. 3, s. 280. Wanigot ” CCLXXXI. Also to provide for the wants of the family of sat ioung 2Y person who loses his life at a fire, or while saving or en- Risife at a deavoring to save any one from a serious accident. 42 V. ¢ 3, oe s, 281. iosapntripate, ~CCLXXXII. Also to contribute to the maintenance or sup- Poor persons. Hort of poor persons residing in the- municipality, who, from infirmity, old age, or other causes, are unable to earn their own livelihood: 42 V.c¢. 3, s, 282. Tomaintain CCLXXXITI. Also to establish and maintain poor-houses, " "houses of refuge, or other establishments for the support and relief of the poor, destitute and sick. 42 V. c. 3, s. 283. Teor CCLXXXIV. Also to offer and give rewards for the discovery ward.. . +e and arrest of persons who have committed criminal offences. 42 V.c. 3.8. 284, (10. Decency and good morals.) Decency and CCLXXXV. Also to suppress every kind of gambling and good morals. the existence of gambling houses or houses of ill-fame. 42 V. ce. 3, 8. 285. e Cireuses, ete. CCLXXXVI. Also to prohibit circuses, theatres, or other public exhibitions from being held ; to regulate and permit them to be held upon such conditions as may be deemed fit. 42 V.c. 3, 8, 286. Horse races. CCLXXXVII. Also to prevent on Sundays and holidays of obligation, horse races and. all other horse exercises upon any race course or place whatever. 42 V. c. 3, s. 287. TOWN CORPORATIONS. Chap. 10. 299 CCLX XXVIII. Also to prevent cock fights, dog fights, and Coc fents. every other cruel amusement ; and punish whoever takes part in or is present at them. 42 V.c. 3, s. 288. CCLXXXIX. Also to prevent the public exhibition, the post- [raceeny oto, ing up, or the making or writing of indecent placards, paint- ines, drawings, words or inscriptions upon houses, walls or fences, and on roads or squares. 42 V.¢. 3, 8. 289. CCXC. Also to prevent persons from bathing or washing Bafhing ip themselves in public waters, or in the open air close to public ~ roads or squares, or to regulate the manner in which bathing ~ in such places may be performed, 42 V. ¢. 3, s. 290. CCXCL. Also to suppress tippling houses. 42 V.c. 3,s. 291. ceca CCXCII. Also to prevent or regulate horse racing. 42 V. ¢, Horse tacing. 3, 8. 292. CCOXCIII. Also to prevent or regulate, and license exhibi- xhibitions. tions held or kept for hire or profit. 42 V«c. 3, s. 293. CCXCIV. Also to suppress gambling houses, and for seizing fabs eke. and destroying faro banks, rouge-et-ncir, roulet tables and other devices for gambling. 42 V.c. 3, s, 294. CCXCV. Also to restrain and punish vagrants, medicants, V#8"@™t and persons found drunk or disorderly in any street, highway or public house, 42 V.c. 3, s. 295. CCXCVI. Also to prevent indecent exposures of the person Dedecent or other indecent exhibitions. 42 V. c¢. 3,5. 296. CCXCVII. Also to prevent cruelty to animals. 42 V. c. 3, Cruelty to 8. 297. Sim CCXCVIII. Also to impose a tax on the owners, possessors Dos tax. or harborers of dogs. 42 V. ¢. 3, 8. 298. CCXCIX. Also to kill dogs running at large contrary to the Killing dogs. by-laws. 42 V.c. 3,5, 299. COC. Also to prevent the keeping of wild animals within Wid oo the town corporation or municipality, except under certain ~~ restrictions. 42 V.c. 3, s. 300. CCCI. Also to prevent the injury or destroying of trees este planted or preserved for shade or ornament ; and to encourage oe the planting of the same. 42 V.c. 3, s. 301. CCCII. Also to prevent the pulling down or defacing of Pefagins sig" sign boards, and of printed or written notices. 42 V. c. 3, s. 302, 300 Charitable institutions. Public nui- sance. Deposits in waters. Dogs to be muzzled. To keep cel- lars, etc., _ ¢elean. Sewers. To eompel drainage of stagnant water. Ditches and water cour- ses. i Chap. 10. TOWN CORPORATIONS. CCCIIT. Also to aid charitable institutions in the town cor- portion or municipality. 42 V. c. 3, s. 303. (11. Publie nuisances.) CCCLV. Also to compel proprietors or occupants of houses to clean their stables, cattle sheds, pig styes, outhouses, privies, and the yards connected with such buildings at certain times, and to fix the manner in which they shall be drained. 42 V. c. 3, 8. 304. COCY. Also to prevent the making of deposits or of leaving within the municipality, or in the waters which bound the same, substances or matters from whence issue noxious gases or odors (such as dead bodies, coal oil, superphosphate of lime in course of preparation, the contents of privies and the like) ; and to regulate the mode of making such deposits. 42 V. ¢. 3, 8. 305. CCCVI. Also to cause dogs to be muzzled or tied up; to prevent them being permitted to go at large, or witbout their masters or other persons to take charge thereof, and to author- ize municipal officers to destroy vicious dogs or those found contravening municipal regulations. 42 V.c. 3, s. 306. CCCVII. Also to oblige the owners or occupants of all gro- ceries, cellars, manufactories, tanneries, drains or other un- healthy and unwholesome places, to keep clean and render them wholesome ; and to regulate slaughter houses within the municipality. 42 V.c. 3, s. 307. (12, Sewers.) CCCVIII. Also to raise by assessment money sufficient to make or repair one or more common sewers in any street of the town, from all the owners of lands situate in such street ; to determine the mode of making such sewers and the manner of collecting such taxes ; provided always that the majority of such proprietors have by petition requested such assessment. 42 V.c. 3, s. 308. CCCIX. Also to compel every owner or occupant of land in the town on which there is stagnant water, to drain or raise © such land, in such manner that the neighbors be not incommo- ded, or the public health injuriously effected ; and if the owner of such land is unknown and has no representative in the town, or if he is too poor to drain or raise the same, the coun- cil may order the drainage or elevation of such land, at the expense of the corporation, reserving recourse against the owner. 42 V.c. 3,8, 309. ‘ (13. Ditches and water courses.) CCCX. Also to cause to be opened, dug, enlarged, covered or maintained, any ditch necessary for drainage, or any boundary - TOWN CORPORATIONS. Chap. 10. 301 ditch or any water course situate in the town or beyond the limits thereof, as the council may judge advisable; and to de- termine the time and manner of making such works, as also the persons of the town by whom or at whose expense, the same shall be made. 42 V. c. 3,5, 310. , CCCXI. Also to levy, if the works are to be executed at Porters, the joint expense of the parties interested, on the proprietors of the lands situate: within' the. town and drained by the ditch or watercourse, the sums required for such works, accord- ing to the estimated value of such lands or the length of the ditch or watercourse upon the same; and to determine the mode.of collecting and levying the taxes so imposed. 42 V.c. 3, 8. 311. : CCCXII. Also to impose penalties on any person obstruct- Deh ag ing, deranging, or suffering the obstruction or derangement of ditches or watercourses, or refusing to make or sutfer to be made the works ordered by the inspector under the by-laws. 42 V. c. 3, 8. 312. CCCXIII. Also to carry on at the expense of the corpora- Zp Carty on. tion, for determined or undetermined period, all works on corporation. ditches or watercourses. 42 V. c. 3,s. 313. (14. Public highways.) CCCXIV. Also to order the opening of new streets and the (ube high: enlargement or alteration of existing streets; and to prescribe the mode of construction and of repairing the streets of the town, at the cost of the corporation, of the owners of adjacent lands, as the council may deem advisable, and according to | such plans and conditions as it shall deem suitable. . 42 V. ¢. 3, s. 814, , CCCXY. Aiso to.determine and change the alignment and 0, determine the height or level of the streets or sidewalks of the town; pro- street. vided always that if any person suffer damage thereby, he shall réceive compensation to be settled by arbitrators. 42 V. ec. 3, 8. 315. CCCXVI. Also to open, enclose, embellish, improve and To open maintain, at the costs and charges of the corporation, squares, parks. parks, or public places of a nature to conduce to the. health and well-being of the inhabitants of the municipality. 42 V. c 3, | s. 316, CCCXVII. Also to oblige the proprietors of land situated on To compel any road, street, square or public highway established in the maintain municipality, to make and maintain in front of their properties *°¥"* sidewalks of wood, stone or other substance fixed upon, either throughout the whole municipality, or only through a part thereof; and to determine the manner of making or maintain- 302 Chap. 10. TOWN CORPORATIONS. ing such sidewalks, and even do so at the expense of the cor- poration, 42 V. ¢. 3,8. 317. peeeto CCCXVIII. Also to compel the proprietors or occupants of remove en- houses to remove from streets or public squares all encroach- ments or projections of any kind, such as steps, galleries, porches, gates opening upon the public highway, or other obstacles. 42- V. ec. 3, 8. 318, Alsosnow- = COCXIX. Also to oblige every proprietor or occupant of land to remove the snow from the sidewalks skirting such land with- in a fixeddelay. 42 V.c. 3,8. 319. Tolevyby, CCCXX. Also to levy by assessment, funds suffieient to sweep, water and keep free from snow any. street, or public square, or to remove the snow therefrom, upon all proprietors or occupants resident in such street or public square, provided that the majority of such persons have asked for it by petition. 42 Vc. 3, 8. 320. : et ein CCCXXI. Also to prevent the road being blocked up in. any blocked. manner whatever. 42 V. c, 3, s. 321. qanicles, CCCXXII. Also to prevent vehicles being driven at too rapidrate. rapid a rate, or persons riding on horseback, or on velocipedes, or in any other vehicle over or upon the sidewalks. 42 V. ¢. 3, 8. 822, ; Poads tobe, — CCXXIII. The council shall, however, be bound to provide order. that the roads, streets, sidewalks and public highways, save and except roads under the control of trustees, be kept in con- stant good order ; and the corporation shall be responsible in damages for the bad state of such roads, streets, sidewalks, and other public highways. 42 V. c. 3, s. 323. (15. Carters.) ae CCCXXIV. Also to authorize the granting of licenses to carters, owners of livery, feed and sale stables, and drivers of vehicles for public hire in the town; to compel such persons to take out an annual license, to determine everything relating to the better government of carters and their vehicles of public hire. 42 V.c. 3,8. 324 Establish | CCCXXYV. Also to establish a tariff of fares payable to cart- ‘ers for their services ; to compel the latter not to exact higher fares than those settled by the tariff, and to punish every per- son who hires, engages, or employs a carter and refuses to pay him according to the tariff. 42 V.c.3, 5. 325. CCCXXVI. Also to compel all carters under license, to give their services to any person asking the same at tariff rates. 42 V.c. 3,8. 326. \" TOWN CORPORATIONS. Chap. 10, 303 (16, Lighting the town.) CCCXXVII. Also to provide for the lighting of the town in Highting of any manner deemed advisable ; and to punish any person ex- tinguishing, without authority, the lamps’ provided for such lighting : but the proprietors or occupants of houses, buildings -or lands in the town, shall be bound to permit the necessary pipes, lamps and posts to be placed on their houses, buildings or lands, saving recourse in damage, if occasioned thereby. 42 V.c¢. 8, 8. 327. (17, Miscellaneous provisions.) CCCXXVIII. Also to divide the municipality into as many Misceuaneous wards as is deemed expedient, for the purposes of representa- tion in the council, if the charter has not made such a division ; and to fix thenumber of councillors to be elected for each ward, provided that the total number be the same as that determined be the charter ; and to revise or alter the boundaries of the dif- ferent wards of the town. 42 V.c. 3,5. 328. CCCXXIX. Also to cause the houses and lots of town to be flouses ana numbered ; to compel every proprietor, tenant or occupant to numbered in allow numbers to -be affixed on their houses or lots, or also the ‘°°Y™ name of the street or square. 42 V.c. 3,8. 329. ~ CCCXXX. Also to control, arm, lodge and dress a police force Police force. in the town, and to determine the duties of the men of such police : but the powers of each man of such police force shall be the same as those of the members of the body of provincial police. 42 V.c. 3,5, 330. CCCXXXI. Also to erect in the municipality, if the prison Lock-up. of the county be not in such municipality, a lock-up house for the temporary custody of any person under arrest. 42 V. c. 38, s. 831. CCCXXXII. Also to establish and regulate one or more pub- Pounds. lic pounds for the safe keeping of animals of all kinds found straying in the town ; and to establish a tariff of penalties and dues to be paid towards the public pounds of the town. +42 V. c. 8, 8. 332. CCCXXXIII. Also to appoint pound-keepers therefor. 42 oe V.c. 3, s. 333, : CCCXXXIV. Also to provide sufficient yards and enclosures cope for the safe keeping of such animals as it may be the duty of animals. the pound keeper to impound. 42 V. c. 3, s, 334, COCXXXY. Also to restrain and regulate the running at Animas. large or any animals, and to provide for impounding them, and !#"8¢. to cause them to be sold in case they are not claimed within a reasonable time, or in case the damages, fines and expenses are not paid according to law. 42 V.c. 3, s. 335. x 304 Lands in town tobe fenced. Planting trees, To aid colo- nization. Confiscation. Public wells. To examine property, etc. Repeal by- laws. Streets, roads, etc., to be vested in corporation. ‘Water sup- ply. Chap. 10. TOWN CORPORATIONS. CCCXXXVI. Also to oblige the proprietors of lands in the town of their representatives, to. fence such lands, to fix the level and height of the fences, as also the strength and sub- stance of the materials used in them, 42 V. ¢. 3, s. 336. CCCXXXVII. Also to regulate the planting and keeping in . order trees in front of properties and to determine the kinds of such trees. 42 V. c. 3,8. 387. CCCXXXVIII. Also to aid, by all means deemed advisable, the colonization of the Province, agriculture, horticulture, art and science, in the municipality, or within the limits of the agricultural society within the bounds of which such munici- pality is situated. 42 V.c. 3, s. 338. CCCXXXIX. Also to authorize the confiscation, for the bene- fit of the poor of the municipality, of any article offered for sale or sold delivered, in contravention of by-laws made in virtue of this Act. 42)V.c. 3, s. 339. ‘ CCCXL. Also to establish, control and maintain public wells in the municipality. 42 V.c¢. 3, s. 340. CCCXLI. Also to authorize the officers of the council to visit and examine all immoveable or moveable property, as also the interior or exterior of any house, building or edifice whatso- ever, to ascertain if the by-laws of the council are executed in respect thereof; and to compel the owners or occupants of such properties, buildings and edifices to admit the officers of the council. 42 V.c. 3, s. 341. CCCXLII. Generally the council may from time to time make, amend, substitute or repeal by-laws for the improvement, the internal administration and the government of the town. 42 V.¢. 3,8, 342. CCCXLIII. The council may also from time to time amend, replace or repeal, in whole or in part, all by-laws or ordinances made by the municipal councils which had the government of the territory comprised within the town, and which have, through the special Act been continued in force within the bounds of such territory. 42 V. c. 3,8. 343. CCCXLIV. Every public street, road, square, lane, bridge or other highway in the town corporation or municipality, shall be vested in the town corporation or municipality subject to any rights in the soil which the individuals who laid out such road, street, bridge or highway, reserved. 42 V.c. 3,8. 344 WATER SUPPLY. CCCXLYV. The council may, from time to time, make, repeal or amend by-laws : TOWN CORPORATIONS. Chap. 10. 305 (1.) To provide for the establishment, maintenance and man- agement of water works, public wells, cisterns or reservoirs, to supply water to the town ; (2.) To prevent the public water being fouled or expended uselessly or contrary to municipal by-Liws ; (3.) To restrict the use of the water, as circumstances may, in the opinion of the council, render the same necessary ; (4.) To prevent any person from giving such water to or per- mitting it to be taken by any person from whom the council has cut it off. 42 V.c. 3,5. 345. V. ASSESSMENT ROLL, CCCXLVI. It shall be the duty of the assessors in office, to Assessment make annually, at the time, and in the manner ordered by the council, the assessment of the taxable property of the munici- | pality according to real value ; and they shall also make the assessment of the annual value of such property, and shall en- ter it in the roll in a separate column ; and they shall also en- ter in the roll the names of tenants and the amount of annual rents paid by each of them. 42 V.c. 3, s. 346. CCCXLVII. The assessors shall enter on the roll all other Assessors’ information required by the council, as well as by the law re- gulating the information to be given by enumerators in making the voters’ lists for parliamentary elections. 42 V.c. 3, 8. 347. CCCXLVIII. The following property shall not be taxable ; Property not (1.) Property belonging to Her Majesty, or held in trust for Her use, and property owned or occupied by the corporation of the municipality ; (2.) Property owned or occupied by the Federal or the Pro- vincial governments ; (3.) The buildings with land adjoining, not exceeding five acres, belonging to religious, charitable or educational institu- tions or corporations ; (4.) Burial grounds, parsonage houses and their dependen- cles ; (5.) The right of way and rolling stock belonging to railway companies. +42 V.c¢, 3,5. 348. CCCXLIX. The assessors shall state in their assessment actions rolls whether the persons named therein are freeholders or sessment roll. householders or both, resident or non-resident, in addition to 20 306 Chap. 10. TOWN CORPORATIONS. the information required in the form used by enumerators for making the legislative election lists. 42 V.c. 3,8. 349. Wao shall be ~=CCCL. Every occupant of a separate portion of a house, householder. such person having a distinct communication with a public road or street by an outer door, shall be deemed a householder within this Act. 42 V.c¢. 3, s. 350. Seca, CCCLI. When the assessor or assessors who shall be ap- sessment roll pointed for the town-corporation or municipality shall have corporation—made an assessment of all the rateable property of the town- porsont rated. corporation or municipality, he or they shall’ deposit the as- sessment roll with the clerk of the said town-corporation or municipality, and before making said deposit shall deliver or cause to be delivered to each person rated on such assessment roll a notice containing a copy of so much of said roll as relates to the person and property so rated ; and the persons consider- ing themselves aggrieved, may within fourteen days after re- ceiving the said notice, return the same to the town-corpora- tion or municipality clerk with a printed or written statement that they intend to appeal to the council against the said as- sessment, and the grounds on which said appeal is made. 42 V.c. 3,8. 351. if owner un- QCCLIT. If the owner of land is unknown, the assessor or assessors shall insert the word “unknown” in the column of names of owners, opposite the description of such land. 42 V.. c. 8, 8. 352, f aa eRe CCCLIII. The assessment roll shall be signed by at least = one of the assessors who drew it up, or caused it to be drawn up, and by the secretary-treasurer, or any other person whom they employed as clerk. 42 V.c. 3,8, 353. Besson? = «sCCCLIV. The assessors shall lodge the valuation roll in the “notice to office ofthe council immediately after its completion ; and no- treasurer. _ tice of its deposit shall be given by the secretary-treasurer in the two days following, and shall state that the roll will re- main open to the examination of the parties interested, or their representatives, for the thirty days next after that of the de- posit thereof; which said notice shall be published in at least one newspaper or by printed notice posted in two or more public places in the municipality. 42 V. ¢. 3,5. 354. ABB eal: CCCLY. During such space of time, any person who deems himself aggrieved by the roll as drawn up, personally or for another, may appeal therefrom to the council, by giving to that end a written notice to the secretary-treasurer, stating the grounds of his complaint. 42 V. c 3, s, 355, Complaints = CCCLVI. The council, at its first general session after the mined by a expiration of the thirty days mentioned in section 362, shall " "take into consideration and determine all the complaints made TOWN CORPORATIONS. Chap. 10. 307 under the preceding section ; and after having heard the par- ties and their witnesses, under oath administered by its pre- siding officer, as also the assessors, if they wish to be heard, the council shall maintain or alter the roll as to it shall seem meet, 42 V.c. 3,8. 356. . CCCLVIL In all cases it shall be the duty of the council to fongsTton. proceed at such session to the revision and homologation of the roll, whether it be complained of or not: it may also make any correction in the style of the drawing up thereof ; andit any property be omitted, the council may order the assessors to value such property and add to the roll. 42 V. ¢. 3,8. 357. CCCLVITI. At such session, or so soon thereafter as all the ee eaiea complaints filed shall have been decided, the council shall de- clare the roll homologated ; and the roll so homologated shall be in force until the entry into force of a new roll. 42 V.c. 3, 8. 358. CCCLIX. If there be an omission of any property in the Dmission of roll prepared by the assessors, the council may order such roll. officer to value such property and add it to the roll; and in such case the roll shall not be completed until special notice of eight days in relation to such addition has been given to the proprietor, who may, within such delay, file his complaint. against the valuation, and be heard before the council at the. time of such homologation. 42 V. ¢. 3, s. 359. CCULX. The default on the part of the assessors, or of the Defaultor council, to act within the time prescribed, shall not have the council. effect of preventing the completion of the roll beyond the time prescribed. 42 V.c. 3, s. 360. CCCLXI. After every change of owner or occupant of any Change of land set forth in the valuation roll in force, the council on a written petition to that end, and after sufficient proof, may erase the name of the former owner or occupant, and inscribe on such roll the name of the new one. 42 V.c. 3,s. 361. CCCLXII. Whenever the assessment roll shall have been When aiacs- set aside under section 203, the former roll shall revive and shall beve avail until a new assessment roll come into force. 42 V ¢, 3, Peemset aside. s. 362. VI. LIST OF MUNICIPAL ELECTORS. CCCLXIII. Within the thirty days next after the day on Listof muni which a new assessment roll shall have come into force, the ea secretary-treasurer shall make, for each ward, or for the whole town, if the town is not divided into wards, an alphabetical list of the names of the persons who, according to such roll, appear to be municipal electors. 42 V. ¢. 3, s. 363. 308 Chap. 10. TOWN CORPORATIONS. ieee CCCLXIV. After having drawn up such lists and certified treasurer to Gepositin their accuracy at the foot thereof, the secretary-treasurer shall council. deposit them in the office of the council; and he shall forth- once mat 2 with give public notice stating that such lists are filed in his days Atter office, and they shall there remain open to the examination of the parties interested and their representatives during the ; fifteen days next'after the date of such notice. 42 V.c. 3, s. 364, Complaints. CCCLXYV. In such space of fifteen days, any person having any ground of complaint in respect of such lists, or of any one of them, personally or for another, may complain thereof by Siving to that end a written notice to the secretary-treasurer specifying the grounds of his complaint. 42 V. c. 3,8. 365. Hey tiie: COCLXVI. On the evening of the last of the fifteen days mentioned in 364, a board of revisors, composed of three coun- cillors, specially to that end appointed by the council, shall, if there be occasion, proceed to the revision and amendment of the lists in the office of the council; such three revisors shall act together under their oath of office as councillors, and un- der the chairmanship of one of them, and the secretary-trea- surer shall act as secretary of the revisors, 42 V.c, 3, s. 366. Board ofrevic CCCLXVIL. The board of revisors, °"°" within the scope of the council. 42 V.c 3,8. 388. CCOCLXXXIX. The council may, by a resolution,exempt from Council may the payment of municipal taxes, for a period not exceeding fite front tax- twenty years, any person who carries on any business, trade, tion. or enterprise whatsoever as well as the land used for such business, trade or enterprise, or agree with such person for a fixed sum of money payable annually for any period not exceeding twenty years, in commutation of all municipal taxes. 42 V.c. 3, 8. 389. CCCXC. All municipal taxes due shall be privileged debts ee eee exempt from the formality of registration. 42 V. c 3, 3°)” 390. CCCXCI. All municipal taxes imposed on any land, may be Taxes may be collected from the tenant, occupant or other possessor of such {oie eS ant. land, as well as from the owner thereof, or from any subsequent purchaser of such land, even when such tenant, occupant, pos- sessor or purchaser is not entered on the assessment roll. 42 V. c. 3,8. 391. CCCXCIL Any person not being. the proprietor who shall ‘tenant may pay municipal taxes imposed in consideration of the land Met Wm which he occupies, shall be subrogated without other formality **- in the privileges of the corporation on the moveable or immove- able property of the proprietor, and may, unless there be an agreement to the contrary, withold from the rent or from any other debt which he owes him or recover from him by personal action, the amount which he has paid in principal, interest and costs. 42 V.¢. 3, s. 392. CCCXCIII. The council shall, on the requisition of the School as- school commissioners or trustees of any school municipality, ace situated within the limits of the municipality, accept the school assessment roll or the certified extract therefrom presented by them, and order the secretary-treasurer to collect such taxes, in the same manner and at the same time as municipal taxes. 42 V_c. 3, s. 393, 312 Chap. 10. , TOWN CORPORATIONS. General col- CCCXCIV.- It shall be the duty of the secretary-treasurer to make a general collection roll each year at the time fixed by the council, including all taxes, both general and special, then imposed under any provision of this Act or of the special Act; and he shall also make a special collecticn roll, whenever any special tax has been imposed after the making of the gen- eral collection roll, or whenever he is ordered so to do by the council, 42 V.c. 3, s. 894. ' Cegtion of ~— COCXOV. If the municipal council has ordered, by resolu- tion, that the collection of school taxes be made at the same time and in the. same manner as municipal taxes, the secreta- ry-treasurer shall enter on the general collection roll the amount of such taxes, collect them and remit them forthwith to the secretary-treasurer of schools. 42 V. c. 3, s. 395. iWhen soll: CCCXCVL The secretary-treasurer, after having completed een ee the collection roll, shall give public notice in which he shall an- er to give nounce that the general collection roll, or the special roll, as pene the case may be, has been completed and deposited at his office, and shall require all persons- mentioned to pay the sums there- in mentioned, to pay the same at his office, within the twenty days following the publication of such notice. 42 V.c. 3, 8. 396. Special notice COCXCVIL At the expiration of such delay of twenty days, ’ the secretary-treasurer shall make a demand of payment of the sums entered in the collection roll: and remaining uncollected from the persons liable for the same, by serving or causing to be served upon them personally or at their domicile a special notice to that effect, accompanied by a detailed statement of eee the sums due by them ; and until the fee for the service of such notice is fixed by the council, the secretary-treasurer shall be entitled to twenty-five cents for the service of such notice. 42 V. c. 3,8. 397. When pay- CCCXCOVIII. If after the fifteen days next following the mt not ‘ * ‘ . : = made, secre- Gemand made in virtue of the preceding section, the sums due oar 2st- by the person entered on the collection roll have not been paid, yen: the secretary-treasurer may levy them, together with costs, by seizure and sale of goods and chattels of such persons whereso- ever may be found in this Province. 42 V.c. 3, 5. 398. Seizure to be CCCXCIX. Such seizure and sale shall be made under a warrant. warrant signed by the mayor addressed to a sheriff's bailiff, and executed by that officer, under his oath of office, according to the same rules and under the same responsibilities and pen- alties as a writ of execution de bonis issued by the county Mayor not court; and the mayor, in giving and signing such warrant, perponaiie, Shall not incur any personal responsibility; he shall act under responsible Se the responsibility of the corporation. 42 V.c. 3, s. 399. ar meutor 4 CD. Ifthe debtor is absent, or if there is no person to open the doors of the house, cupboards, chests or other closed places, TOWN CORPORATIONS. Chap. 10. 313 or in the event of refusal to open the same, the seizing officer may, by an order of the mayor or of other justice of the peace, be empowered to cause the same to be opened by usual means, in presence of two witnesses with all necessary force, if there be refusal, violence or other physical obstacle. 42 V. c. 3, 8. 400. CDI. The sale on such warrant shall not be stopped, except S4l¢ on such on an order of a judge of the county court, made on petition pre- sented-either in chambers, or to the county court. 42 V. c 3, s. 401. CDII. All arrears of municipal taxes shall be prescribed by Arrears of three years. 42 V.c. 3,8. 402. CDIII. The payment of municipal taxes may be also claim- fepon may ed by an action brought in the name of the corporation before the county court. 42 V.c, 3, s. 403. CDIV. If the taxes imposed on one or more immoveables Seizure of | have not been paid within the six montlis next after the notice of deposit of the roll, because the person bound to pay them ‘does not reside in the town, or if he reside therein, because suf- ficient moveable property to him belonging have not been found therein, the mayor may, with the authorization of the council, issue under his hand or the hand of the secretary-trea- surer a warrant specifying the amount of taxes due, and ordering the sheriff of the district to seize and sell the immoveables therein described, and in respect of which such taxes are due. 42 V.c. 3,8. 404. CDV. The sheriff shall be bound to execute such warrant by formalities observing the same formalities and with the same effects, as in pi wrt the case of writ de terris; and all proceedings subsequent to the issue of the warrant by the mayor shall take place in the Court of Queen’s Bench of the Province. 42 V. c. 3, s. 405.: IX. INFLICTION OF PUNISHMENT. CDVI. The council may, in any by-law made under the pro- {niiction of visions of this Act or of the special Act, enact the inffiction of ; pun‘shment, by means of fine or imprisonment, provided that the fine does not exceed the sum of twenty dollars, and that the emprisonment be for a period not exceeding thirty days; and such penalties shall not be ordered by the court unless they are sufficiently set forth and specified in the by-laws to which they relate. 42 V.c. 3, s. 406, XK. EXPROPRIATION FOR MUNICIPAL PURPOSES. CDVII. The council may, in complying with the provisions Expropria- following, appropriate any land required for the execution of nicipal pur- works ordered by it within the scope of its jurisdiction. 42 V, P08 c. 3, 8. 407. , i 314 Chap. 10. TOWN CORPORATIONS. Exceptions. CDVIIL The council shall not, without the consent of the proprietor, expropriate the properties following : (1.) Property belonging to Her Majesty, or held in tryst for use ; (2.) Property held by the Federal or Provincial govern— ments ; (3.) Property possessed or occupied by railway companies or religious, charitable or educational institutions or corporations . (4.) Cemeteries, parsonages and their dependencies. 42 V. c. 3, 8. 408. ; hot without” CDIX. The council further shall not, without the consent of gonsentny the owner, in any manner injure any canal, or the dam of any dam, ete. mill or manufactory, nor divert the course of the water which feeds such canal, mill or manufactory. 42 V.c. 3, s. 409. foriend.” = ODX, The indemnity to be paid for any land liable to expro- priation may be fixed and established by agreement between the council and the proprietor thereof if he is of age and in pos- session of civil rights ; and it may also. be agreed that no in- demnity shall be accorded to the expropriated proprietor. 42 V. c. 3,8. 410. — topenators CDXI. In the absence of an understanding between the par- eu ties, or if the proprietor is a minor and has not the exercise of his civil rights, the value of the land in question, together with whatever goes in compensation against the value of such land, shall be estimated by arbitrators named as follows: one by the ‘council, one by the proprietor, and the third by the two for- mer, or by a judge of the superior court, if they cannot agree. 42 V.¢. 3,8. 411. Proceedings ofarbitrators. CDXII. The arbitrators shall proceed at the time and place fixed by them, and of which they shall have given at least ten days special notice to the parties interested : and the arbitra- tors, after having examined and valued the land and heard the parties and their witnesses, under an oath administered by one of them if they deem it expedient, shall give their decision by means of a certificate signed by them or a majority of them ‘Decision tobe and which they shall file in the office of the council ; and such decision shall be final and without appeal. 42 V.c. 3, s, 412. axoitratorste CGDXIII. In any decision rendered by them, the arbitrators indemnity. ‘shall mention the lot whereof the land taken forms part, shall name who the owner of such land is and also the by-law or or- der of the council under which such land is taken, and shall fix the amount of the indemnity, if they grant an indemnity, or in the contrary case declare the refusal thereof 42 V. ¢. 3, s. 413. TOWN CORPORATIONS. Chap. 10. 315 CDXIV. On payment or lawful tender of the amount of ihe indemnity agreed upon or accorded, or on the deposit thereofsession of under section 430, the corporation shall be entitled to take pos- ment. session of the land ; but if such taking possession is resisted or When Pos opposed by any person,any judge of the court of Queen’s Bench, sisted. on proof of the decision of the arbitrators, and of the payment, tender or deposit, as the case may be, may issue a writ address- ed to any bailiff or to the sheriff, to have the corporation in order placed in possession of such land and to cause all resist- anco or opposition to cease, all which the bailiff or sheriff shall accomplish providing himself to that end with the assistance required, 42 V.c. 3, s, 414. CDXV. If the expropriated proprietor is unknown, or if the When, expro- council through apprehension of future claims deems it advis- prietor is able so to act, the amount of the indemnity together with six : months interest thereon, shall be deposited at the office of the prothonotary of the district, together with a copy of the deed of accord, or of the decision of the arbitrators. 42 V.c. 3,s. 415. , THIRD PART. SPECIAL PROCEEDINGS. 1. EXECUTION OF JUDGMENTS RENDERED AGAINST THE CORPOR- ATION. CDXVI. Whenever a notice of a judgment, condemning the fee amid corporation to pay a sum of money, shall have been served at renderea the office of the council, the secretary-treasurer shall forthwith sgaiget ne pay the amount thereof out of the funds at his disposal, on the authorization of the council or of the mayor, according to the rule laid down in section 166. 42 V.c. 3,5. 416. CDXVII. If there are no funds, or if those at the disposal When no of the secretary-treasurer are not sufficient, the council shall poste immediately after the service of notice of the judgment of the court, order the secretary-treasurer, /by resolution, to levy on the taxable property of the municipality, a sufficient sum to pay the amount due with interest and costs. 42 V.c. 3, s. 417. CDXVIII. The court which rendered the judgment may, on Succes petition to that end, presented either in term or in vacation, grant, from time to time, to the municipal council any delay which it shall deem necessary to levy the amount of money re- quired. 42 V.c 3,8. 418. CDXIX. If the judgment has not been satisfied within two If judgment months after the notice thereof at the office of the council, or ace at the expiration of the delay granted by the court or agreed ™O™tBs upon by the parties, the person in whose favor such judgment was rendered may, on producing the return of the service of 316 Chap.10. TOWN CORPORATIONS. such notice at the office of the council, and on a requisition in writing for such purpose, obtain the issue of a writ of exe- cution from the court against the corporation, returnable be- fore the same tribunal, so soon as the amount of the judgment and costs has been levied. 42 V.c. 3, s. 419. acne. CDXX. Such writ shall be attested and signed by the clerk clerk or _pro- OF prothonotary, sealed with the seal of the court, and address- *- ed to the sheriff of the district in which such municipality is situated, who shall be enjoined by the same among other things : Beenjomedto _ (1.) To levy from the corporation, with all possible despatch, the amount of the debt. with interest and costs of the judgment as well as of the execution ; = (2.) In default of immmediate payment by the corporation, to apportion the sums to be levied on ail the taxable property in the municipality, in proportion to its value as it appears by the assessment roll, with the same powers and obligations, and under the same penalties as the council and the secretary-trea- surer, for whom he shall he by right substituted for the levying of such money ; to prepare without delay a special collection roll ; to publish such special roll in the municipality, in the manner required by section 396 ; to exact and levy the amounts entered on the special collection roll, in the manner and within the delay prescribed by sections 403 and 404; and in default of the payment of such amounts by the persons who are bound so to do, to levy the same with costs on their moveable proper- ty, in the manner prescribed by section 404 and the sections : following, to section 410 inclusive ; to sell the real estate liable for such amounts, in default of their payment, in the same man- ner and with the same effect as if he were acting under a writ de terris issued by the Court of Queer.‘s Bench ; Make return 3.) To make a return to the court of the amount levied and levied. of his proceedings, as soon as the amount of the debt, interest and costs shall have been collected, or from time to time as the court may order. 42 V. ¢. 3, s. 420. Sheriff to exe- CDXXI. The sheriff shall be bound to execute without de- delay. lay, either personally or by his officers,-all the injunctions of such writ or of any other order subsequently issued by the court. 42 V.c 3,5, 421. = Paerit to CDXXII. The sheriff shall have free access to the register, have free ac- cess to regis- assessment rolls, collections rolls and other documents deposit- ters, etc. 7" : ‘ edjin the office of the council, and he may demand the services of the municipal officers of such council, under the same penal- ties as if such services were required by the council itself. 42 V.c. 38, 8. 422. May tite pos CDXXIII. He shall take possession of the assessment roll sessment roll,and other documents which are necessary to him for the execu- TOWN CORPORATIONS. Chap. 10. 317 tion of the judgment and orders of the court; and, on refusal or neglect of the municipal Gouncil or its officers to deliver up such documents, he shall be authorized to take possession thereof. 42 V.c. 8,8. 423. CDXXIV. If it is impossible for the seizing officer to obtain Wpen sevnne the assessment roll, which should serve as a basis for the col- obtain assess- lection of the moneys, or, if there is no such assessment roll, ; the sheriff shall without delay proceed to make a valuation of the taxable property ; and he shall be authorized to base the special roll for the collection of the monies to be levied on such valuation, as ifit were the valuation roll in force; and the costs incurred in making such valuation, and taxed by the Costs to form court from which the writ shall have issued, shall form part of costs of exe- the costs of execution, and be recoverable from the corporation. “""°"" 42 V.¢. 3, 8, 424 - -., CDXXV. The fees, costs and disbursements of the sheriff area hig shall be taxed at the discretion of the judge of the court from : which the writ of execution issued. 42 V. ¢. 3, s. 425. CDXXVI. The sheriff shall transmit a copy of his special inanennit- cone. collection roll, and of any other list or document whereof he special roi, has taken possession, to the office of the council, after having levied the whole amount set forth in the writ of execution, together with interest and costs, 42 V.c. 3, 8. 426. CDXXVITI. The arrears due, in virtue of the special collec- Arrears. tion roll of the sheriff, shall belong to the corporation, and may be recovered by such corporation, in the same manner as any other municipal tax ; and, if any surplus remain in the hands of the sheriff, it shall belong to the corporation. 42 V: ¢. 3,5. 427, CDXXVIIJ. The sheriff may obtain from the court any order Sheriff may _ calculated to facilitate and secure the complete execution of from court. the writ addressed to him. 42 V.c. 3, s. 428. ll, RECOVERY OF PENALTIES. (1. General provisions.) CDXXIX. Penalties imposed by the by-laws of the council, Recovery ot or by the provisions of this Act, or of the charter, may be re- covered before the county court, or before any justice of the peace residing in the municipality, if there is one, ifnot, before any justice of the peace ‘having jurisdiction in the premises. 42 V.c¢. 3, 8. 429. CDXXX. All penalties incurred by the same person may be included in the same suit. 42 V.c. 3, s. 430. CDXXXI. Every suit for the purpose of recovering such suit shall be penalties shall be begun within six months from the date when gsmonths. 318 Chap. 10. TOWN CORPORATIONS, they were incurred, after which period the same cannot be brought. 42 V.c. 3,8, 431, : ie proge- _CDXXXIT. Such prosecutions may be brought by any person cution. ~_ of age in his own name, or by the mayor or in the name of the, veorporation. 42 V.c, 3, s, 432. Decision.” CDXXXIII. Any such suit may be decided on the oath of one credible witness. 42 V. c. 3, s. 433. how aessea. CDXXXIV. Penalties recovered in virtue of by-laws of the’ council under the provisions of this Act, or of the special Act, shall belong, unless it is otherwise provided, one half to the prosecutor, and the other ‘half to the corporation; but if the prosecution has been brought in the name of the corporation, the penalty shall belong wholly to the corporation ; if the pen- alty is incurred by the corporation, it shall belong wholly to the prosecutor, 42 V.c.3,8,434. Default of CDXX*XV. In default of payment of the fine inflicted by Payments: the court, and the costs, within fifteen days from the rendering judgment, the person condemned may be imprisoned for any time not exceeding thirty days ; which imprisonment shall end, however, on payment of the sum due and all costs; such im- Imprison- | _prisonment shall discharge the person who undergoes it from ty judgment. the obligation of satisfying the judgment against him. 42 V. : c. 3,8, 435. Costs. CDXXXVI. The plaintiff or the complainant, whose de- mand or complaint has been dismissed with costs, shall be bound to pay the costs, under penalty of imprisonment, in the manner and within the delay prescribed in the preceding sec- tion. . 42°V. ¢. 3, 5. 436. (2. Prosecutions before justices of the peace.) Prosecutions. CDXXXVII. Prosecutions brought before the justices of the peace, in virtue of section 429 shall be heard and decided by them, according to the ugual rules of procedure laid down re- specting summary orders and convictions, except in so tar as the same are inconsistent with the provisions of this Act. 42 V.c. 3, 8. 437. Suits, CDXXXVIII. Such suits need not be begun by the affidavit. or deposition on oath of the plaintiff or complainant: provided always that the purport of the complaint or demand shall be sufficiently set forth in the warrant or summons served upon. the defendant, 42 V. ¢'3, s, 438. Interval be: | CDXXXIX. There shall be an interval of at least two juri- and return, ical days, between the day of the service of the summons and that of the return. 42 V.c. 3, s. 439. Justice of the CDXL. On the day of the return of the summons or of the t "TOWN CORPORATIONS. Chap. 10. 319 warrant, the justice of the peace who signed the summons or peacemay, the warrant, shall be entitled to hear and decide the case alone seats : but he may, nevertheless, require the assistance of any other justice of the peace having jurisdiction within the district. 42 V. ¢. 3, 8. 420. _ CDXLIL. The returns of service made by a bailiff shall be Return to be given under his oath of office. 42 V.c, 3,5. 441. , bailiff. CDXLII. The justice of the peace or the clerk shall take Clerk shall | notes of the important parts of the evidence; these notes sign- evidence. ed by the sitting justice of the peace shall form part of the record. 42 V.¢. 3,8, 442. CDXLIII. The judgment of the court may be immediate, or Juagment. executory at the expiration of fifteen days, from the date thereof. 42 V.c. 3, 8. 443. CDXLIV. Any constable or police officer may and shall, if eee: he is so required by the mayor or by any other member of the hendor arrest council, or by the council itself, apprehend or arrest at sight all persons found contravening the provisions of any by-law of the council punishable by fine, if it is so ordered by the by-law, and bring them before any justice of the peace to be dealt with according to law. 42 V.c 3, s. 444 * CDXLYV. The record of every suit shall be remitted by the Recora. person in whose custody the same is, to the justice of the peace, upon his order, in cases where there is an appeal from the judgment toa court. 42 V.c¢. 3, 8, 445. (3. Appeal of the county court.) CDXLVI. An appeal shall lie to the court from any judg- Appeal. ment rendered by justices of the peace, in suits brought under the provisions ofthis Act, or of the charter, or of the by- laws of the council. 42 V.c. 3, s. 446. CDXLVIL The party who desires to appeal therefrom, Appellant must, within ten juridical days after the judgment is rendered, meni furnish to the clerk of the county court good and sufficient security to effectively prosecute the said appeal, to satisfy the judgment and to pay the damages awarded, and costs incurred. as well of the inferior court as in appeal, in the event of the judgment being confirmed. 42 V.c. 3, s. 447. CDXLVIII. Sureties shall, to the satisfaction of the clerk, sureties. justify their sufficiency to the amount of at least one hundred dollars, over and above all debts, and under oath, if the clerk deems proper; one surety shall be sufficient. 42 V. c. 3, s. 448. CDXLIX. The appeal shall be brought before the court by ares means of a petition setting out summarily the title of cause, 9" the date of the judgment, the notice given, the security fur- 320 Chap. 10. : TOWN CORPORATIONS. nished, the grounds of appeal, with conclusions praying for the setting aside of the judgment, and for the rendering of that which ought to be rendered. 42 V. ¢. 3, s. 449. ioe. °ne* CDL. A copy of such petition, attorney, together with notice served within of the day when it will be presented to (the court, shall be ; served, within the fifteen days next after the rendering of the judgment, on the respondent or his attorney, or on the justice of the peace, or on one of the justices of the peace, who render- ed the same, or on their clerk. 42 V. ¢. 3, 5, 450. Justice of the CDLI. Between the day of such service and that fixed for transmit —_ presenting the petition in appeal to the court, the justices of ‘ the peace or other person may transmit the record in the cause to the clerk of the county court with a certificate testifying that the documents transmitted are all the papers, documents and evidence relating to the causé. 42 V.c. 3,8. 451, pogeution © CDLII. The execution of the judgment from which an ap- peal has been instituted shall be suspended until the decision of the county court, if a copy of the petition in appeal has been served, within the prescribed time upon the plaintiff, justices of the peace, or upon their clerk ; in default thereof the judgment may be carried,into effect. 42 V.c. 3, s. 452. When neti- CDLIIL The petition in appeal shall be presented to the presented[to court on or before the first juridical day of the sittings follow- court, ng the expiration of the twenty days after the judgment was rendered, in default whereof the appeal shall lapse. 42 V. «. 3, 8. 453. Appeal to be ~CDLIV. The appeal shall be heard and decided ia a sum- summary mary manner, and the trial may be de novo. 42 V.c. 3,8. 454. manner. Judgment. CDLV. The judgment shall be set aside only when a sub- stantial injustice has been committed, and never by reason of any slight variance or informality : if objections are raised, which do not affect the merits of the cause, the court may amend the procedure, which shall thereupon be executed -as though it had been regular in the first instance. 42 V.c. 3,’s. A455. Appellant CDLVI. Every appellant who substantially neglects to make mae service the service required by section 450, or who, having made the required. same, neglects effectually to prosecute the appeal, shall be deemed to have abandoned such appeal, and the court on ap- plication by the respondent, may declare all the rights and claims founded on the said appeal forfeited with costs in favor of the respondent. 42 V. ¢. 3, s. 456. surepes te. CDLVII. The sureties shall be bound to satisfy the judg- ment. ment under penalty of seizure and execution and in the same manner as the principal party, fifteen days after service of the judgement upon them. 42 V.c. 3, 8. 457. PUBLIC WORKS. Chap. 11. CDLVIII. No appeal shall lie under the provisions of this Act from any judgment rendered by any judge of the county court, respecting municipal matters. _GDLIX. This Act may be cited as the Manitoba town cor- Cation 42 V. c. 3, 8. 459. porations Act. 42 V.c. 3, 9, 458. CHAPTER XI. An Act respecting the department of public works and pub- lic works. DIVISION 1.—DEPARTMENT OF PUBLIC WORKS. Organization.—Department of public works, s. 1. Superintendent and officers, s. 2. Duty of minister of public works, s. 3. Duties of superintendent, s. 4. Minister’s power to enter into con- tracts, s. 5. All suits and actions in the name of the minister, s. 6. Power to order maps, plans, etc., to be delivered to superintendent, s. 7. All property vested in the Crown of Compensation for damage, s. 31. Mill dam or embankment under the control of department, s. 82. Minister may appoint overseer, 8, 33. - Lateral drains, s. 34. Leave to construct, 8. 34. Penalty for constructing without leave, 8. 35. Owner of land in vicinity to have use on terms, s. 36. é Map or plan to be deposited in registry office, 8. 37. Expenditure to he sarictioned by Legis- Jature, s. 38. Canada to be vested in the Crown of ARBITRA'TORS— Manitoba, s. 8 Lieut.-Gov. by proclamation may de- clare public works, s. 9. Bobi works may be sold or leased, 8. Coatracts to enure to the benefit of and be enforced by Her Majesty, s. Lt.-Governor to appoint arbitrators, s. 39. Oath to be taken before justice of the peace, s. 40. Form of oath, s. 40. Lt.-Gov. to appoint clerks, s. 41. Duty of arbitrator, when award made, I. Ss. 42. « Public works to be under the control WHAT CASES MAY BE REFERRED TO AR- of the department, s. 12. Minister may direct construction and SV STNGERURE of all public works, s. And may require accounts attested on oath, s. 14, And may examine persons on oath, ete., 8. 15. ATLDISUSE to submit annual report, s. Miaister shall invite tenders by ad- vertisement, s. 17. Security to be given, s. 18. Work not to commence until contract signed, s. 18. Minister to have power to authorize engineer io take levels, etc., s. 19 Minister to employ persons to make surveys, maps, etc., s. 20 Stone or iron monuments, s. 20. Monuments to be peeeven in presence of witnesses, s. 2 Power of minister to take land,water- courses, etc., 8. 21. ® Minister or agent to have power to take gravel, ete.,s. 22- ; cee to be made to owners, Ss. 23. Minister may take possession upon tender, s. 24. POWERS OF ARBITRATORS, BITRATION— » Persons claiming property to give not— ice in writing, s. 43. Minister to tender within 30 days, s. 43. Claimant to give security, s. 44. No arbitration when minister can de- cide, s. 45. No compensation unless notice filed within 6 months, s. 4! AND PRO- CEEDINGS BY AND BEFORE THEM— Arbitrators may summon witnesses, s. 47. Penalty for non-attendance, s. 47. Witnesses—evidence, s. 48. Time of attendance—compensation, 8. Arbitrators to consider advantage in awarding damages, s. 49. Property, if taken, to be valued at time taken, s. 50. In case of contract, award to be in ac- cordance with, s. 51. ee to be taken down in writing, s. 52. May be taken orally, by consent, s. 52. Costs—if sum awarded greater than tender, and if less, s. 53. Sections in division 1 may be cited s. Notte in Gazette and two newspapers, DIVISION 2~-ERECTION OF COURT HOUSES §. 25. Minister may alter public roads, s. 26. Minister to replace walls, fences, etc., 8. 27. DRAINAGE OF LANDS— Minister to employ engineers, s. 28. Heperh to bé made to Lt,-Governor, s. Power to make contracts, s. 30. Minister to stop constrnction of mill dams, booms, etc., s. 31 AND REGISTRY OF FICES— Grant to counties may be made, s. 54. Buildings to be in conformity with plan, s. 55. Contract- for erection of to be open. to competition, s. 55. Buildings except registry offices to be under the control of sheriffs or depu- « ty sheriffs,s. 56. Registry office in lg 8.57. Protection against fire, s. 58. Chap. 11. When safes used Lt.-Gov. may make regulations, 8. 59. ig Counties liable for repair, etc.,s. 60. . Winnipeg—assessment in aid of, s, 61. Grand jurors to present a sum of money, 8. 62. : And provide for the imposition and collection thereot forthe purposes aforesaid, 5. 62. Judge may postpone final action. s. 63. Title of sections in division 2, s. 63. DIVISION 8—PUBLIC AID TOWARDS THE ERECTION AND MAINTENANCE OF PUBLIC WORKS. to the treasurer of a county on cer- tain conditions in aid of public works, s. 64. Duty of county conncil as to detailed statement, etc., 8. 65. ne except L.-Gov. approves of, 8. Lt.-Gov. may refer back by-law, 8. 67. Treasurer to transmit certain state- ments, 8. 68, The sections in division 3, how cited, 8. 68. Minister of public works to see to ob- PUBLIC WORKS BY MUNICIPALITIES. Lt.-Gov. may direct $3,000 to be paid aorvence and execution of Acts, 5s. Division 1. DEPARTMENT OF PUBLIC WORKS—ORGANIZATION. Her Maszsty, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows : ORGANIZATION, Department I. There shall be a department of public works for Manitoba, Works” over which the minister of public works for the time being, appointed by commission under the great seal, shall preside. 39 Vic 9,8. 1. Superinten- II. The Lieutenant-Governor in council may also appoint a dent of public superintendent of public works and such other officers as may other ofieets be necessary for the proper conduct of the conduct of the de- a atbod, e partment. 39 V.c 9,8. 2. Duties of min- patie III. The minister shall have the management of the depart- ment, and it shall be his duty to oversee and direct the other officers and servants of the department; and he shall have such powers and duties as may be assigned to him by the Lieutenant-Governor in council; and he may suspend from duty any officer or servant of the department who refuses or neglects to obey his instructions as such minister. 39 V.c. 9, 7 8. 3. Datla of IV. It shall be the duty of the ‘superintendent to prepare dent. maps, plans and estimates for all public works which are about to be constructed, altered or repaired by the department; to report for the information of the minister on any question re- lating to the public works which may be submitted to him ; to examine and revise all the plans, estimates and recommenda- tions of other officers ; to check and verify all certificates and accounts respecting public works and repairs; to conduct, under the directions of the minister, all correspondence relating to the matters aforesaid; to see that all correspondence be copied in the public works’ letter book, and all documents that require to be filed and registered ; and generally to advise the department on all architectural and engineering questions af- fecting the public works ; and a copy of any map, plan or other document in the department certified by him to be a true copy PUBLIC WORKS. «Chap. 11. 323 shall be held to be authentic, and shall be prima facie evidence of the same, and have the same legal effect as the original in any court or elsewhere. 39 V.c. 9, ¢. 4 inj . a4 Minister’s V. The minister shall have power to enter into any contract Moyer to en- . ‘ 7 . i i - ter into any with any person that may be necessary or advisable in carry-ter into any. | ing out the provisions or any of them of any Act of the Legis- no deeds bind- lature ; but no deeds, contracts, documents or writings shall eee hereafter be deemed to be binding on the department, nor sealedby him. shall be held to be the acts of the minister, unless signed and sealed with the seal of the department. 39 V.c. 9,s. 5. i i . i r in All suits to be VI. All actions, suits and other proceedings, at law or in All suits tot equity, for the enforcement of any contract, or for the recovéry name of min- . of damages for any tort or breach of contract, or for the trial ee of any right in respect of any property, real or personal, under the control of the department, shal] be instituted in the name of the minister of public works for the time being. 39 V.c 9,8. 6. VU. The Lieutenant-Governor may require any person or Lt.-Gov. may require any any provincial officer, having the possession of any maps, plans, person or offi- specifications, estimates, reports or other papers, books, draw- maps, plans, ings, instruments, models, contracts, documents or records, not ofc. to he de- | being private property, and relating to any public work, to superinten- : : . dent. deliver the same without delay to the superintendent of the department. 39 V.c. 9,8. 7. a otpa : is so 5 “phy All property, VILL All lands, streams, watercourses and property, real canes or personal, heretofore or hereatter acquired for the use ofsonal, not un- public works ; all dams, hydraulic’ works and other works Donte, to for improveing the navigation of any water ; all slides, ee Madore dams, piers, booms and other works for facilitating the trans- oy ut eo mission of timber ; all hydraulic powers created by the con- partment. 7 struction of any public works; all roads and bridges; all public buildings ; all vessels, dredges, scows, tools, implements and machinery for the improvement of navigation ; all drains * and drainage works ; and all property heretofore or hereafter acquired, constructed, required, maintained or improved at the expense of the Province, and not under the control of the Do- minion government, shall be and remain vested in Her Majesty and under the control of the department. 39 V.c¢. 9,5. 8. IX. The Lieutenant-Governox in council may, from time to ee time, by proclamation declare any other property, real or by proclama- ersonal, and any works, roads, bridges ‘bors, boa slides public works Pp al, y Works, roads, bridges, harbors, booms, slides public works. or buildings, or other things specified in the next preceding section, and purchased or constructed at the public expense, to be public works, subject to the provisions herein contained ; and they shall thenceforth he vested in Her Majesty and under the control of the department. 39 V. e. 9, s. 9. 7 Yr fi y i . ri Se Han Publie wort X. Any property, real ox personal, when no longer’ required p01." ho sola or the use of any public work, may be gold, leased or disposed or leased. 324 Chap. 11. PUBLIC WORKS. of, under the authority of the Lieutenant-Governor ; and the proceeds of all such sales, leases and dispositions shall be ac- Provise. counted for as public money : provided always, that such pro- perty shall be so sold, leased or disposed of by tender or public auction. 39 V.c. 9,8. 10. Contracts. XI. All contracts respecting any public works or property, real or personal, under the control of the department, heretofore or hereafter entered into or upon by the minister or by any other person duly authorized to enter into or upon the’ same, shall enure to the use of Her Majesty, and may be eaforced as Maybeen- if they had been entered into with Her Majesty under the forced under : . a authority. authority hereof. ¢9 V.c 9,8. 11. Public works = XII. All public works hereafter constructed or completed at control of de-the expense of the Province shall, unless otherwise provided partment. ‘by law, be under the control of the department, and subject to the provisions herein contained. 39 V.c. 9,s. 12. Minister may XI1T. The minister shall direct the construction, mainten- OL i? * . : struction andance and repair of all public works in progress, or constructed mainienais’ or maintained at the expense of the Province, and which are works. hereby, or-which may hereafter, be placed under the control of the department. 39 V.c. 9, 5. 13. Minister may XIV. The minister may require any account sent in by any counts tobe person employed by the deparument to be attested on oath, attested on ‘whieh oath, as well as that to be taken by any witness, the minister may administer. 39 V.c. 9,5. 14 May alsoexa- XV. The minister may send for and examine on oath all such persons and. Persons as he deems necessary touching any matter upon which ee his action 1s required ; and he may cause such persons to bring sonable com- with them such papers, plans, books, documents and things, as Pensation. may be necessary to examine with reference to such matter ; and may pay such persons a reasonable compensation for their time and disbursements ; any such persons shall attend at the summons of the minister, after due notice, under the penalty of twenty-tive dollars in each case. 39 V.c. 9,8. 15. Minister to XVI. The minister shall make and submit to the Lieutenant- Submit annu- alreport. | Governor an annual report on all the works under the control of the department, to be laid before the Legislature within ten days from the commencement of each session, showing the state of each work and the amounts received and expended in respect thereof, with such further information as may be re- quired to enable the Legislature to judge of the working of the department. 39 V.c, 9, s. 16. Minister to XVII. It shall be the duty of the minister to invite tenders invite tenders , . . , : f by public aa-, by public advertisement for the construction and repair of all ‘vertisement. Huyblic works, except in cases of pressing emergency, where de- lay would be injurious to the public interest, or where from the rtature of the work it can be more expeditiously and econ- PUBLIC WORKS. | Chap. 11. 325 omically executed by the officers and servants of the depart- ment. 39 V.c. 9,8. 17. XVIII. The minister, when any public work is being car- Security to be ried out by contract, and in all other cases, shall take all rea- sonable care that security be given to and in the name of Her Majesty for the due performance of the work, within the amount and time specified for its completion; and in all cases where it seems to the minister not to be expedient to let such work to the lowest bidder, it shall be his duty to report the same, and obtain the authority of the Lieutenant-Governor, previous to passing by such lowest tender, but no sum of money shall be paid to the contractor, nor shall any work be cymmence”! commenced on any contract, until the contract has been signed Ue onanaes by all the parties therein named, nor until the requisite secur- ity has been given, 39 V.c. 9,8. 18. inj . 5 ‘ 7 »_ Minister to XIX. The minister may authorize any engineer, agent, ser- Minister to vant or workman, employed by or under him, to enter into or gineer to take upon any land to whomsoever belonging, and to survey and ots take levels of the same, and to make such borings, or sink such trial pits as he deems necessary for any purpose relating to the works under the control of the department. 39 V.c. 9, s. 19, XX. The minister may employ any engineer, or any person Minister to duly licensed and authorized to act as a surveyor for any pro- fear i cane vince in Canada, to make any survey or establish any bound- Saepe cie: ary and furnish the plans and description of any property ac- quired by Her Majesty for the use of the Province ; and such surveys, boundaries, plans and descriptions shail have the same effect as if the operations pertaining thereto, or connected therewith, had been performed by a land surveyor duly licens- ed and sworn in for the Province; and the boundaries of such rron monu- property may be permanently established by means of proper Mente? °° stone or iron monuments planted by the engineer so employed by the minister, and shall be of the same effect to all intents and purposes as if such boundaries had been drawn and such monuments planted by a land surveyor duly licensed and sworn in for the Province, and shall be held prima facie to be the true boundaries of such property: provided such bound- ary lines are so established and such monuments of iron and stone are so planted after due notice thereof has been given in writing to the owners of the lanls thereby affected, and that a written description of such boun laries is approved and signed, in the presence of two witness’, by such engineer or surveyor on behalf of the minister, and by the other parties concerned, or that "in case of the refusal of any party to approve or sign the same, such refusal is recorded in such written description : provided also that such boundary marks or monuments are Monuments planted in the presence’ of at least one witness, who shall sign j¢ pe aaa the said written description, which shall afterwards be deposit- Sen¢e of wit- ed with the superintendent of the department as part of the ae records of the office. 39 V.c. 9, s. 20. 326 Chap. 11. PUBLIC WORKS. Fowerofmin- XXI. The minister may acquire and take possession for land, water- and in the name of Her Majesty of any land or real estate, "stream, waters, watercourses, fences and walls, the appropria- tion of which is in his judgment necessary for the use, construc- tion or maintenance of hydraulic privileges made or created by, from o1 at any public work ; or for the purpose of draining ; or for the enlargement or improvement of any public work ; or for obtaining better access thereto ; and he may for such pur- pose, contract with all persons, guardians, tutors, curators and trustees whatsoever, not only. for themselves, thei: leis, suc- cessors and assigns, but also for and on behalf of those whom they represent, whether infants, absentees, lunatics, married women or other persons otherwise incapable of contracting, pos- sessed of, or interested in such lands, real. property, streams, waters and watercourses ; and all such contracts, and all con- veyances or other instruments made in pursuance of any such contract, shall be valid to all intents and pu1poses whatsoever. 38 V.c. 9,8. 21. , ergs XXII. The minister or his agents may enter upon any un- gent to have si we ve power to take cleared or wild land, other than Dominion lands, and take gravel cle. therefrom all timber, stones, gravel, sand, clay or other mate- rials which he or they may find necessary for the construction, maintenance or repair of public works, and property, real or per- sonal, under the control of the departmeut; or may lay any materials upon any such lands; and the minister may con- struct, take and use all such temporary roads, to and from such timber, stones, gravel, sand, clay or other materials, as may be ae by him, or his agents, for the convenient passing to and from the works during their construction and repair ; and may enter upon any lands for the purpose of making proper drains to carry off the water from any public works or for keeping such drains in repair. 39 V.c. 9, s. 22. Compenss- XXIII. Compensation to be agreed on between the parties madetoow- or appraised or awarded in the manner hereinafter set forth ner. for such land, real or personal property, streams,waters or water- courses, timber, stone or other material, or for any damage thereto, shall be made to the owner or occupier of such land or property, or to the persons suffering the damage aforesaid, and shall be paid within six months after the arhount of such com- pensation has been agreed upon or appraised and awarded. 39 V.c. 9,8. 23. : Minister may XXIV. When any such owner or occupier refuses or fails to Lake Poem not agree to convey his estate or interest in any land, real proper- accepted. —_ ty, stream or water course as aforesaid, the minister may ten- der the reasonable value in his estimation of the same, with notice that the question will be submitted to arbitration as hereinafter mentioned ; and in every case tHe minister may, three days after such agreement or tender and notice, authorize possession to be taken ot such land, real property, stream or watercourse so agreed or tendered for. 39 V.c. 9.8, 24 \ PUBLIC WORKS. Chap. 11. XXV. If the owner of such land, real property, stream or watercourse does not reside on or near the property so requir- ed, then one month’s notice shall be given in the Mani- toba Gazette, and in two newspapers published in or near. the district or county in which such property is situate, of the in- tention of the minister to cause possession to be taken of such land or real property, stream or watercourse ; and after ten days from the last publication of the notice, possession may be taken accordingly. 39 V.c. 9, 8. 25. XXVI. The minister may discontinue or alter any part of a 327 Notice in Ga- zette and two newspapers. Minister may alter public public road when it is found to interfere with the proper lineroad. or site of any public work ; but before discontinuing or alter- ing such public road, he shall substitute another convenient road in lieu thereof, and the land theretofore used for any road or part of a road so discontinued may be transferred by the minister to, and may thereafter become the property of, the owner of the land of which it originally formed part, or may be otherwise dealt with as the minister shall think proper. 39 V.c. 0,8. 26. © i XXVII. Whenever in the prosecution of any public work it has been. necessary to take down and remove any wall, fence or boundary mark, of any owner or occupier of*land ad- joining such public work, or to construct any back ditches or drains for carrying off the water accumulating behind the banks of any public work, the minister shall cause to be re- placed such wall, fence or boundary mark as soon as the ne- cessity which caused its being taken down or removed has ceased ; and after the same has been so replaced, or when such drain or back ditch is completed, the owner or occupier of such land shall niaintain such wall, fence or boundary mark, drains or back ditches, to the same extent as such owner or oceupier might be by law required to do if such wall or fence had never been so taken down or removed, or such drains or back ditches had always existed. 39 V.c. 9, s. 27. DRAINAGE 'TO LANDS, XXVIIL The minister shall have power to employ compe- tent engineers and surveyors to make the necessary examina- tions, surveys and levels of any swamp or bog land, or land occasionally or permanently flooded with water, such engi- neers and surveyors to be under the direction of the depart- ment,and to report to the minister on the best means of drain- ing or preventing the flooding of such land, the cost of the same, the quantity and quality of land proposed to be drained or saved from flooding, with an estimate of the improved value of such land. 39 V.c. 9,5, 28. XXIX. The minister shall submit to the Lieutenant-Gover- nor, in the annual report to be laid before the Legislature, a statement of the-results of such examinations, surveys and Minister to res place walls, fences, etc. Minister to employ engi~ neers. Report to be made to Lt.- Governor, ’ 328 Chap. 11. PUBLIC WORKS. levels, and an estimate of the costs of reclaiming such lands so as to render them available for cultivation, with his recom- mendation respecting the same. 39 V.c. 9, s. 29. Power to XXX. The minister shall have power to make contracts, in tracts. +‘ the manner hereinbefore provided, for the construction and re- pair of drains, bridges, roads, dams, dykes, slides, and other works necessary or proper to prevent the flooding of, or to carry off the water from any such land as aforesaid, and to render the same available for cultivation. 39 V.c. 9, s. 30. ees ie XXXI. When it has been ascertained on the, report of a p construc- 5 . $ z tion ot boom, competent engineer that there exists, or is being, or has been mull dam, ete oonstructed across any river, stream or watercourse, any boom, mill dam, embankment or obstruction which does, or which, in the opinion of such engineer, obstructs the navigation of such river or will impede the free discharge of water from any such swamp, bog, or flooded lands as aforesaid, the minister shall have power to stop the construction thereof, or to cause the same to be removed, or a slide constructed, as in his opin- Compensa- ion may be most advisable; and if it be found that the owner teen “* of any such boom, mill-dam, embankment or obstruction, . or any otlver person, suffer any damage in consequence of the stoppage of its construction, or of its removal, or of the con- struction of any slide under the provisions of this section, such owner or person suffering such damage shall receive compensa- tion (if on arbitration, as hereinafter provided, he be consider- ed reasonably entitled to any) for any such damage, to be agreed upon, or appraised and awarded in manner hereinafter provided—due regard being paid to the previous rightful or wrongful action of the owner in constructing the mill-dam, boom or embankment—and such compensation shall be paid within six months after the same has been agreed upon or awarded as aforesaid. 89 V.c 9,8. 31. Milldam or | XXXII. When any such slide as aforesaid has been con- under control structed in any mill, mill dam or embankment, such slide shall Be eo be under the control of the department ; and the minister, his engineers and agents, shall have free access to the same at all reasonable times and for all reasonable purposes, including the regulating the discharge of water over, and the repairing of, the same. 39 V.’c. 9,8. 32. Minister may XXXITI. When the work for the drainage or saving from seer, flooding of any land has been reported complete, the minister shall, if necessary, appoint a competent overseer or overseers to take charge of the same, whose duty it shall be to report, from time to time, and as occasion may require, on the condition of the same, and to state what repairs are required to keep it in good order. 39 V.c. 9, 8. 33. Lateral XXXIV. The minister shall have power to grant permission to any person to construct or cause to be constructed, at his ‘PUBLIC WORKS, Chap. 11. 329 own expense, lateral drains into any main drains or water- courses constructed or improved under this Act ; and such per- Leave to con- mission shall be in writing, signed and sealed as hereinbefore SEEN directed in regard to contracts, and shall set forth the condi- tions and payments on which the same is granted. 39 V.c. 9, s. 34, _XXXvV. If any person construct, or cause to be constructed, Penaity for | any such lateral drain as aforesaid, from which water may be later 1 draing discharged into any such main drain or watercourse construct-“"" * “*V° ed or improved as aforesaid, without such written permission first obtained, such person shall, on due notice given in writ- ing, signed by the minister, restore such lateral and main drain and watercourse to their former condition ; and should any such person, upon receipt of such notice, refuse or neglect to re- store such lateral and main drain and watercourse to their for- mer condition within a reasonable time thereafter, such person, or the clerk, secretary or like officer, or the head officer of any body corporate, or any of them, may be summoned for trespass before a justice of the peace and dealt with according to law ; and the delivery of any notice to the clerk, secretary or like of- ficer, or the head officer of any body corporate, at the office or place of business of such body corporate, shall be due service of such notice upon such body corporate within the meaning of this or any other section of this Act. 39 V.c. 9,8. 35. XXXVI. Should any person have or acquire land in the vi- ae cinity of any main drain or watercourse constructed or improv- drain to have ed as aforesaid, such person shall have the privilege of using Maeratione. such main drain or watercourse under such conditions and pay- ments as may be;considered fair and reasonable by the minister to whom application in writing must be made and by whom permission must first be given, as hereinbefore provided. XXXVI. The minister shall provide and deposit in the re- Map or plan ‘ - ‘ © be deposit- gistry office of the county, wherein any drainage works have ed in registry been constructed, a fair and correct plan or map of such drain- °° age works, on a scale of not less than one inch to every four chains of two hundred and sixty four feet, and shall lay down thereon all drains, slides, dams, embankments or other works which -have been constructed, together with such further in- formation as will show the drainage works, and all matters ap- pertaining to the same ; and every copy of such plan or map, obtained from such registry office, and certified as correct by the registrar or deputy registrar of such county, shall be taken as evidence of the contents of the original plan or map in all courts in Manitoha. 39 V.c. 9, s. 37. XXXVITI. Nothing herein contained shall give authority to Eaenaltnre the minister to cause expenditure not previously sanctioned by tioned by Le- the Legislature, except for such repairs and alterations as the S8!@ture immediate necessities of the public service may demand. 39 V.c. 9,8. 38. 330 Chap. 11. PUBLIC WORKS. ARBITRATORS. _ Lt.-Governor XXXIX. The Lieutenant-Governor may, from time to time, to appoint ar- bitrators. Oath to be taken before justice of peace. Oath. Lt.-Gov, in council to ap point clerks. Persons claiming pro- appoint any number of persons, not exceeding, three, who shall be arbitrators for Manitoba, and who shall arbitrate on, ap- praise, determine and award the sum which shall be paid to any person in respect of any claim made by such person under the provisions hereof, and with whom the minister has not agreed, and cannot agree ; and every such arbitrator shall re- ceive such remuneration as shall be, from time to time, fixed by the Lieutenant-Governor in council. 39 V.c. 9, s. 39. XL. The arbitrators shall take,before the minister, or one of Her Majesty’s justices of the peace for Manjtoba, the following oath: “T, A.B, do swear that I will well and truly hear, try and examine into such claims as may be submitted to me for com- pensation for real or personal property taken, or alleged to be taken, for direct or consequential damage to such property, arising from the construction or connected with the execution of any public works at the expense of the Province of Manito- ba, or arising out of, or connected with, the execution, or on account of deductions made for the non-execution or non-fulfil- ment of any contract for the execution of any such public works —that I will give a true judgment and just award thereon, to the best of my knowledge and ability ; and that I will take ‘into due consideration the benefits derived and to be derived by the claimant through the construction of such public works as well as the injury done thereby : so help me God.” 39 V. ce. 9, s. 40. : XLI. The Lieutenant-Governor in council may appoint pro- per persons to act as clerks to the said arbitrators, and may fix the amount of remuneration to be allowed any such clerk. 39 V.c. 9,8. 41. XLIT. Whenever arbitrators shall have concluded any such arbitration by the publication of their award thereon, they shall forthwith cause to be transmitted to the mininster such award, together with all depositions, documento, maps, plans, books, accounts, contracts and writings, not being private pro- perty, taken by or submitted to such arbitrators, in the course of such arbitration : and the superintendent shall file the same as public records of the department. 39 V.c. 9, s, 42. WHAT CASES MAY BE REFERRED TO ARBITRATION. XLII. If any person has any claim for real or personal pro- perty to give perty taken for direct or consequent damage to such property notice in writing. arising from the construction, or connected with the execution of any public works or road undertaken, either wholly or in part at the expense of the Province, or any claim arising out of or connected with the execution or fulfilment or on account ofde- ductions made for thenon-execution orrion-fulfilment of any such ° PUBLIC WORKS. Chap. 11. 331 public works, made and entered into with the minister, either in the name of Her Majesty or in any other manner whatso- ever, such person may give notice in writing of such claim to the minister, stating the particulars thereof and how the same has arisen ; and thereupon the minister may, at any time with- Minister to in thirty days after such notice, tender what he considers a thirty days. just satisfaction for the same, with notice that unless the sum so tendered is accepted in ten days after such tender, the said claim will be submitted to arbitration. 39 V. c 9,8. 43. XLIV. Before any claim shall be arbitrated upon, the claim- Claimant to ant shall give security to the satisfaction of the arbitrators, or any one of them, for the payment of the costs and expenses in- curred by the arbitration, in the event of such claimant being awarded to pay such costs. 39 V.c. 9,58. 44. XLV. No arbitration shall be allowed in any case where by No arbitra- the terms of the contract therein it is provided that the deter- minister can mination of any matters of difference arising out of or connect- °°" ed with the same, shall be decided by the minister. 39 V.c. 9, 8. 45. XLVI. No claim of any kind for compensation in respect of {ocompensa- any contract made, or for any loss or damage occasioned by notice filed anything done, by, or under the authority of the department months for or the minister shall be submitted to or entertained by any © =” arbitrator, unless such claim and the particulars thereof have been filed with the superintendent of the department within six months next after the loss or injury complained of, or after the date of the final estimate made under such contract. 39 V. Cc, 9, s. 46. 1 POWERS OF ARBITRATORS, TEC. XLVI. The arbitrators may, by summons, or order in writ- Arbitrators ing signed by any of them, to be served upon or left at the witnesses last usual place of residence of the person to whom it is ad- dressed, command the attendance from any part of the Pre- vince of any witness, or the production of any documents re- quired by any of the parties, and may swear the said witness to testify truly respecting the matters on which he is to be in- terrogated; and the disobedience to such summons or order att Nas shall subject the person disobeying toa penalty of not less dance. than five dollars nor more than twenty dollars, to be recovered before any justice of the peace, and levied under the warrant of such justice by distress and sale of the goods and chattels of the offender, unless such person establishes reasonable cause for such disobedience. 39 V.c. 9, s. 47. XLVIII. But no-person shall be compelled to give any evi- Witness—evi- dence, or to produce any document which he would not be*~ ~~” compelled to give or produce at atrial in any court of the Province, or to attend as a witness more than three consecu- ee tive days ; and every witness shall be allowed, in addition to ; 332 Chap. 11. PUBLIC WORKS. fompensa- his reasonable travelling expenses, a sum not exceeding one dollar per day, at the discretion of the arbitrators, such re- muneration to be paid in the first instance by the party re- quiring his attendance, 39 V.c. 9, s, 48. Arbitratorsto XLIX. The arbitrators shall consider the advantage as well consider value of pro- as the disadvantage of any public work or road as respects the vane real or personal property of any person through which the compensation same passes, or to which it is contiguous, or as regards any claim for compensation tor damage caused thereby ; and the arbitrators shall, in estimating and awarding the value of any property, real or personal, taken for any public work or road, or the amount of damages to be paid to any person, take into consideration the advantages accrued, or likely to accrue, to such person or his estate as well as the damage occasioned by reason of such work. 39 V.c. 9,8. 49. Property to LL. The arbitrators in estimating and awarding the amount valued at ‘ . time taken. to be paid to any claimant for any property, real or personal, taken by the minister, or for any injury in respect thereof, shall assess the value thereof as if made at the time when such property was so taken or injured, and not as at the time of making their award. 39 V.c. 9, s. 50. iaieinac, . LI. In awarding upon any claim arising out of any contract coreanee with in writing, the arbitrators shall decide in accordance with, the stipulations in such contract, and shall not award compensa- tion to any claimant on the ground that he expended a larger sum of money in performance of his contract than the amount stipulated therein ; nor shall they award interest on any sum of money which they consider to be due to such claimant in the absence of any contract in writing stipulating payment of such interest; and any clause in any such contract in which a drawback or penalty is stipulated for the non-performance of any condition thereof, or any neglect to complete any public wotk or to fulfil any covenant or promise in such contract, shall not be construed as in the nature of penalty, but as importing an assessment by mutual consent, of the damages caused by such non-performance or neglect. 39 V.c. 9,8. 51. Evidenceto LIT. In the investigation of any claim, the arbitrators shall down in writ- cause all legal evidence offered on either side to be taken down ws - and recorded in writing, and shall make and keep a list of all plans, receipts, vouchers, documents and other papers which. may be produced before them during such investigation ; but Taken orally they may, with the consent in writing of the minister and of by consent. the opposite party, take the testimony of the witnesses adduced on either side, orally ; and in such case they may not reduce it to writing. 39 V.c. 9,8. 52, Ifeumaward- LTT]. If the sum awarded in any case is greater than the than fendered sum tendered, the minister shall pay the costs of the arbitra- ministre it tion ; but, if less, the costs shall be paid by the person who re- PUBLIC WORKS. Chap. 11. 333 fused the tender ; and such costs shall, in the cases where the less Rots award is in favor of the claimant, be paid by the minister, in tender. addition to the sum awarded ; and where the award is in favor of the minister, such costs shall be paid by the claimant ; and the costs shall, in all cases, be taxed by the proper taxing offi- cer of the court of Queen’s Bench : the sections in division 1 of ‘this chapter may be cited as : “The Public Works Department Act of Manitoba.” 39 V.c. 9,8. 53. Division 2. ERECTION OF COURT HOUSES AND REGISTRY OFFICES. _ LIV. Whereas it is requisite and necessary that buildings Preamble. should be erected in the counties of Lisgar, Provencher, Mar- quette East and Marquette West, to be used as court houses, lock-ups, registry offices, and also a building in the city of Win- nipeg, to be used as a registry office for the city and for the , county of Selkirk ; therefore it shall be lawful for the Lieuten- Grant of to ant-Governor in council to grant from and out of the consoli- °°" dated revenue fund of this Province to each of the said counties, in aid of county assessments, a sum not to exceed $4,000, as may be neceseary in each of the counties of Lisgar, Provencher, Marquette East and Marquette West, for the erection of acoun- * ty court house, lock-up and registry office, and a registry office in the city of Winnipeg for the said city and the county of Sel- kirk, and such grant shall in each case bear a due proportion to the amount of the local assessment therefor. 38 V.c. 16, s. 1; 386 Vic. 29,8. 2. LV. Such buildings shall be erected in conformity with plans Buildings in to be prepared under the supervision of the minister of with plan” public works, and to be approved in each case by the Lieutenant-Governor in council; and after the approval thereof, such buildings shall be erected by the minister of pub- lic works, by contract given out by public competition and ap- Contract up- proved by the Lieutenant-Governor in council, who shall not eoeneu eh be bound, however, to accept the lowest or any tender, but may offer the same from time to time, to be re-tendered for. 38 V.c. 16,8. 2. LVL. The said buildings, except the registry offices, shall be Buildings (ex- _placed under the control and supervision of the sheviffs or de-oitice) to be. puty sherifis respectively of the counties in which the same beisouly are situate, who shall be responsible for the care thereof. 38 Sheri V.c. 16,8. 3. LVIL The registry office in the city of Winnipeg shall be Resistry office under the charge of the registrar of Selkirk. 38 V.c. 16,5. 4. LVIII. Provision shall be made in each of the said buildings Protection to be used as registry offices for the due and adequate protec- ? i tion of all muniments, titles to land and other documents from destruction by fire. 38 V.c. 16,5. 5. 334 Chap. 11. PUBLIC WORKS. mates. LIX. When stone or brick safes are erected or iron safes are used in such buildings, the Lieutenant-Governor in council may make regulations for the use of such safes by the several officers occupying the said buildings and entitled to the use thereof. 38 V.c. 16,8. 6. Sousition LX. The several counties shall be liable for the repairing : and maintenance of such buildings ; and any sums required to be raised for such purposes shall be raised by assessments im- posed in like manner as other assessments may be imposed by law. 38 V.c¢. 16, 5s. 7. eee LXE The city of Winnipeg shall by by-law impose and ar renisiey on levy an assessment in aid of the erection of the said registry fice office in the said city in the same manner as any other assess- ment may be imposed and levied by the said city: provided, always, that in the event of the city of Winnipeg and the county of Selkirk not agreeing as to the proportion of the ex- pense to be borne by each respectively of the erection of the said registry office (which shall include a substantial fire-proof safe), the matter shall be referred to the arbitration of three suitable persons, one of whom is to be selected by the Lieut- * enant-Governor in council, and the others by the city of Win- nipeg and the county of Selkirk respectively, and their award or that of a majority of them shall be final and binding on the said city and county. 38 V.c. 16,8. 8. Grandjorors == LXIT. The grand jurors in each county may at any regular sum of sittings of the county court for the said counties respectively, ee be summoned by proclamation of the Lieutenant-Governor in council, subject to the provisions and’ for the purposes herein contained, who, when so convened, shall by. by-law impose such a rate upon the taxable property of the county and pro- vide for the collection of the same, as may be sufficient, with the aforesaid grant from the Lieutenant-Governor in council, to erect a court house, lock-up and registry office in such coun- Binding on ty; which said by-law on being duly passed by the said grand eee jurors present at such county court, shall be binding on the ratepayers of the county, and the sum thereby authorized to be raised shall be assessed and collected according to the pro- visions contained in the said by-law, and in any Act of the Legislature theretofore passed or that may thereafter be pass- - ed; and the sections in division 2 of this chapter may be cited as, “ The erection of Court Houses and Registry Offices Act.” 38 V.c. 16,8. 9. Judge may LXIIL If the judge shall deem it. expedient, he may post- pos*pon®- pone the final action of the court with regard to such assess! ment to the next or an adjourned sitting of the county court, which shall be he'd to be a continuation of the said court. 38 V.c. 16, 8. 10. PUBLIC WORKS. Chap. 11. 335 Division 3. PUBLIC AID TOWARDS THE ERECTION AND MAINTENANCE OF PUBLIC WORKS BY MUNICIPALITIES. i ici ities i 1 I . Lt.-Gov. may LXIV. In order to aid municipalities in Manitoba in under- T#.-Gov. ma taking public works, such as the construction, maintenance, re- Leg appropri- pairs and improvements of court houses and jails and registry sum of $3,000 offices and roads and bridges, within their respective limits, the te ‘easurer- Lieutenant-Governor in Council may direct that out of the legislative appropriation made every year for roads and bridges and public buildings, there shall be paid to the treasurer of each municipality a sum not exceeding three thousand dollars - for any municipality ; but such sum to be in no case more than what is contributed by the ratepayers of the municipality towards the same object. 38 V.c. 19,5, 1. LXV. Before any such sum of money be paid as aforesaid, it DIt3 pr cpan” shall be the duty of the municipality, through their treasurer, fore t-Goy- to lay before the Lieutenant-Governor in council a complete ment of | and detailed return of all moneys collected and arrears of taxes tected, ete. due in their respective municipalities for the year; of all moneys expended during the same time for municipal purposes ; the rate of assessment for the year; with a full statement of the nature, estimated cost and plan of the works undertaken or - to be undertaken in such municipality, and all the by-laws re- lating thereto. 38 V.c. 19,5. 2. LXVI. No municipality shall be entitled to government aid Fo 24 to.2e as aforesaid, unless it is proved satisfactorily to the Lieutenant- See noe Governor, by the return mentioned in the preceding clause,that turn made. a fair sum has been levied on the assessed property of the mu- nicipality ; that the same has been paid and deposited or will be paid and deposited in a chartered bank to the credit of such municipality ; and that the plan, site, nature and estimated cost of the public works to be maintained or undertaken, are for the general prosperity of such municipality. 388 V.c¢. 19, s. 3. LXVIL. It shall be lawful for the Liettenant-Governor in Pawilter council to refer back for reconsideration to any municipal coun- fer back to ‘ . ‘ rs _ : -_ council by— cil any by-law, respecting the erection or maintenance of public law respect- works in the said municipality, when changes in the said by-78.te of pap- law or by-laws shall be deemed necessary. 38 V.c. 19,5. 4, He works. LXVUL It shall be the duty of the secretary-treasurer of Secretary of each municipality, on the 31st day of December of each year, eee to transmit to the Lieuteniant-Governor in council a complete moneys re-- return of all moneys received by such municipality from the $?velv7o™ Lieutenant-Governor in council and from all other sources, the council. amount expended, the nature and state of the works on which the said moneys or a proportion thereof has been expended, with the balance on hand as deposited in a chartered bank of the Province ; and such statement shall be certified by the 336 Chap. 12. HIGHWAYS AND ROADS. warden and signed by the secretary-treasurer of the municipa- lity: and the sections in division 3 of this chapter may be cited as: “The Municipalities Aid Act.” LXIX. It shall be the duty of the minister of public works to see to the observance and execution of not only the provi- sions of this Act, but also of the provisions contained in the next following four chapters and of all other Acts and parts of Acts cognate or pertaining to his office. , CHAPTER XII. An Act respecting Highways and Roads. HIGHWAYS AND ROADS— Certain roads to be known as “great highways,’ s. 1. Width of other roads, s. 2. Width of faggot or raised portions, and of ditches, s. 3. How great highways may be altered. 8.4, How owners of expropriated lands to be compensated, s. 5 Width of public roads, s. 6. Change or alteration of road not be- ing great highway, 8. 7. Opening of new public road, s. 7. Meeting of parties interested, s. 8. Minority may appeal against decision of majority, s. 9 Work on new or altered, not to be commenced without authority of minister, s. 10. Outlet for overflowing ditches, how to be made, s. 11. Exceptions in this Act, s. 12. Public roads may be moved in certain eases, 8. 13. Penalty for encroaching on, or nui- sance to, public road, s. 14. Penalty for trotting or galloping over any public bridge, s. 15. Provision for alteration of any public road, s. 16. Overseers and men may enter on any lands. s. 17. No authority to be given by minister unless recommenced, s. 18. Overseers to mark out winter roads, 8, 19. Overseers to report general state of the great highways and public roads, s. Compensation to be paid before aoa marked out for public road, s. 21. How sums to be paid under this Act to be assessed, s. 22. Overseer to account to minister, s. 23. OPENING ROADS— Lt.-Governor in council may direct the opening of public roads, s. 24. Petition of 30 inhabitants of township or municipality required, s. 25. If appearing advisable, order, after due notice for construction, s. 26. Petitioners to pay one-fourth, s. 27. Petitioners or municipality to pay amount to treasurer: before work done, 8. 28. How roads outside settlement belt to great highway to run, s. 29. Such roads when ordered to be opened subject to provisions of this Act, s. 30. ‘Owners to receive compensation fixed by arbitrators, s. 31. Lt.-Governor to issue proclamation declaring road a public road, s. 82. Lt.-Gov. may gppelnk two or more inspectors, s. 3 STATUTE LABOUR— ‘‘ Outer districts,” meaning of,s. 34. Lt.-Governor may divide such outer districts, 8. 35. OVERSEERS—DUTIES— Duties ot overseers, 8. 36. Assessment, how made, s. 37. Further duties of overseers, s. 38. Assessment roll may be examined by overseer, S. 39. List of road work required to be post- ed up ten days, s. 40. eer eaee to give 6 days’notice to work, s. 4]. Persons may appeal, 8. 42. Persons assessed for labor may com- mute at $l per day, s. 43. Must pay commutation money within 3 days, s. 44. Power of overseer to require terms, etc.,s. 45. Tanne of work and penalty for default s. 46, = Persons refusing to appear and work— penalties, s. 47. Overseer to make complaint before justice of the peace, s. 48. Procedure of the justice, s. 49. Justice may impose fine, and levy, same on goods and chattels, s. 50. Constables may proceed to sell,s. 51. Justice may commit to gaol, s. 51. ce collected for refusal to work, s. 52. No excuse shall exempt—whole num- ber of days, s. 53. Overseer entitled to be paid—at what rate per day, Ss. 54. Labor assessed to be worked before 1st December in each year, s. 55. Overseer to render an account to min- ister of public works, s. 55. Particulars of such account, s. 56. Moneys remaining over—how to be employed, s. 57. Overseer refusing to render such ac- count—penally, s. 58 Overseers to employ labor according to plans, s. 59. Power of overseer in case any bridge is washed away, s. 60. Road tax unpaid to be collected as di- pected by minister of public works, Ss. Overseer may apply two-thirds of la- bor on any local road, s. 62. Penalty for refusing access to assess- ment roll, s. 63. Penalty for overseer neglecting to dis- charge duties under this Act, s. 64. Forms B, C, D, E, s. 65 HIGHWAYS AND ROADS. Chap. 12. 337 ‘TRAVELLING ON HIGHWAYS AND ROADS’ PLANTING TREES UPON HIGHWAYS AND Vehicles meeting, 8. 66, ROA DS— ‘When overtaken, s. 67. Tree or shrub shall be deemed proper- Unloaded vehicle overtaking loaded ty of owner of adjacent land, s. 76. one, s, 68, ; No tree or shrub to be planted which Travelling when intoxicated, s. 69. will obstruct highway or road, s. 77. Two vehicles abreast, illegal—heavily| Municipal council may remove tree or loaded vehicles, s. 70. shrub), s. 78. 4 Extinguishing fires, s. 71. Penalty for injuring tree or shrub, s. Impeding highway or_road, s. 72. 79 Evidence required and penalties, s. 73. Municipal council may expend money Act does not prevent action for da- in planting trees, s. 80. , mages, 8. 74. “ Highways,” ‘‘ roads,’”’ meaning’of, s. BELLS— 81. : Bells to be used in Winter. s. 75. ’ This Act may be cited as “ The highway- Penalty tor omission, s. 75. and roads Act,’ s. 82, Her Mavesty, by and with the advice and consznt of the Legislative Assembly of Manitoba, enact as follows :— HIGHWAYS AND ROADS. I For the purposes of this Act the main highway on the Certain roads west side of the Red River from lake Winnipeg to Pembina, as“great and the main highway on the north side of the Assiniboine sways” from Fort Garry to the western line of the Province ; also the highway from Fort Garry to the’ lake of the Woods by Pointe de Chéne, crossing the German Creek bridge at St. Boniface, running along the Red River southward to a point opposite the river Assiniboine, and such other road or roads leading to any principal place or places of settlement within this Pro- vince, as may from time to time, by the Lieutenant-Governor . in council, be by proclamation so declared, shall be known and designated as “great highways,” and shall be the great high- ways of the Province, and shall be two chains wide. 35 V.c. 12, s. 1. II. All other public roads to be hereafter laid off under this Widthor | Act shall, as a rule, if convenient and practicable, be at least : sixty-six feet wide. 35 V.c. 12,8. 2. Til. All fageot or raised portions of road are to be at least Width oe twenty feet wide; and no ditch is to be beyond two feet in”? °""™* depth. 35 V.c¢c. 12, s. 3. IV. When any alteration in the line of the great highways How great is required in the interest of the public it shall te law- may be alters, ful for the Lieutenant-Goverpor in council by order to” direct that such alteration shall be made and that the land required therefor shall become the property of Her Majesty for that purpose; and thereupon the title to such land shall vest in Her Majesty for the purpose aforesaid. 34 V.c. 13, s. 2. } V. When lands shall be so appropriated, the owner shall re- How owners ceive a compensation from the public treasury; the amount Sy ianaa ome thereof shall be ascertained by a commissioncr to be appointed Pensated. by the Lieutenant-Governor in council, who shall make in- 22 338 Chap. 12. HIGHWAYS AND ROADS. quiries into the damages and report thereon to the Lieutenant- Governor in council; but the report of the commissioner shall be subject to the confirmation of the Lieutenant-Governor in council, and when so confirmed shall be binding and conclu-. sive. 34 V.c. 13,58. 3. ‘Width of VI. All public highways, other than “great hipiwaysl afore- cic said, shall hereafter be known and desorbed as “public roads,” and every public road laid off under this Act shall, whenever possible, be at least sixty-six feet’wide. 41 V. ¢. 24,. 1. piangayeor VII. Where, in the opinion of a majority of the owners of opening new the real estate within a road district, it is deemed necessary to public roads— ; ‘ oe howdeter- change the course of or alter any public road, not being one of ee the “great highways,” or to open a new public road, or to select one, if more than one exists, and a petition to that effect shall have been presented to the minister of public works, the same shall be determined by a public meeting of such owners of real estate within the district; and such meeting shall be convened ‘by the overseer of the said district, or by any fit person dele- Motices to be gated by the minister of public works, by posting up notices in at least two of the most conspicuous and public places in the district; and the overseer or delegate shall in the notices state the day, hour, place and object of such meeting, and ten days shall at least intervene between the day of the posting of the notices and the day of the meeting. 41 Vic. 248.2 © Meeting. VIII. The meeting shall be presided over by the overseer or delegate as aforesaid, who shall forthwith report to the minis- ter of public works, the proceedings. of the meeting. 41 V.c/ 24, 8. 3. Minoritymay JX. The minority of such meeting may, within eight days, ‘ appeal to the minister of public works against the decision of the majority, and shall state in writing the grounds' of objec- tions ; and: the decision of the minister of public works thereon shall be final; but there shall in such cases be no appeal against a two-thirds majority. 41 V.c. 24, 9. 4. No work tobe K N i “ No work tobe =X. No work shall be commenced upon any such “public OU ost road” without the sanction and authovization of the minister min. of public of public works; nor before the minister of public works shall ee have caused a survey to be made of the road, proposed to be opened or changed or altered, by a surveyor, and his report thereon shall have been made to such minister. 41 V.c. 24, s. 5. Outlet for XI. Where, in the opinion of the overseer or delegate, it is overllow- . ingditches, deemed necessary to provide an outlet to prevent the over- how tobe flowing of the ditches. on the “great highways,” or on the “public roads,” and to drain low and marshy lands through which the said “great highways” or “public roads” unavoidably pass, such overseer may direct that~ ditches and outlets be made to the nearest river or natural water course: provided, HIGHWAYS AND ROADS. Chap. 12. 339 however, that such ditches and. outlets, as far as practicable, Pov's. shall follow the dividing line or fence between two lots ; and that it shall be lawful for the overseer and his men to go and work upon the said lots and grounds for the purposes afore- said. 41 V.c. 24,8. 6. XIL. Nothing herein containel shall be understood to ex- Fxceptions in tend to the giving authority to mark out any new public road or change an ‘old one, in such manner as that the same shall pass diagonally across any field or tarm of any person or per- sonsif it can be reasonably avoided, or todemolish orinjure any house, barn, millor other building whatsoever, or to prejudiceany canal or mill-dam, or to turn the course of the water thereof, without due compensation to the proprietor or proprietors of the same. 41 V. c. 24, s. 7. XU. Wherever a pulalic roal passos near unto precipices, Public roads such public road may be removed therefrom to a safe distance, moved in cer- and as often, from time to time, as the overseer shall direct aa ee and on anyypublie roa:i running alony the face of steep hill or hills the descents shall be made easy; and there shall like- wise be place. thereon solid rails wherever the same shall be judged necessary. 41 Vic. 248. &. XIV. No encroaclinent or nuisanee whatever shall be made Penalty for : “o - : ” . encroach- or left by any person in any of the “great highways” or of the ment or “public rwad::,” under a penalty of a fine nut excocing the "ene sum of ten dollars, which shall be collected in a summary manner befure a justice of the poace, on the complaint of any person. 41 Via 24,5. 9, XV. Any person who, either on horsshack ov ta a vehicle, Penalty for shall trot or gallop over any public bridge exceeding twenty eolloniag feet in length, or who shall pass cattle on the same otherwise pupie bridse. ‘than at a walk, shall, for every such offence, be subject toa > fine not exceeding the sum of ten dollars. 41 V. ¢ 24,8. 10. XVI. In all cases where by the alteration of the direction of Provision for a “great highway” or a “public road,” or, by making any new any public “great highway” or “public road,” and the old “great highway” "** or “public road” shall become unnecessary for the public, then such old “great highway” or “public road” may, if thought just, belong to the person or persons who respectively is or are proprietor or proprietors of the land from which such old “great highway” or “public road” was originally taken. 41 V. c. 24,8. 11. XVII. It shall be lawful for the overseer and his men to ee enter upon any land and to execute the necessary works fer enter on any the opening or changing ot any public road in conformity with git the provisions of this Act. 41 V.c. 24,5. 12. XVIII. When it is deemed necessary that a public road, Tene opened or changed under this Act, should extend through two min. of pablic 840 Chap. 12. HIGHWAYS AND ROADS. works unless or more statute labor districts, no authority shall be given by ed. the minister of public works for such opening or changing of any such public road, unless the recommendation made to him by the overseers or delegates of the various districts affected thereby be accompanied with a report of a competent survey- or, by whom such extended road may have been surveyed; or unless the said minister shall have caused a survey and re- port thereof to be made to him. 41 V. ¢, 24s, 13. Cree te XIX. Any overseer may mark out the place or places winterroad. where the public winter road should pass to and from the river, or any other objective point; when so marked out, any person may use the same: provided, however, that no such public winter roads shall pass through any garden. 41 V.c¢. 24,5. 14, Overseer to XX. It shall be the duty of evefy overseer, between the report general state of 15th day of April and the 15th day of June every year, to re- highways. ort to the minister of public works the general state of the “oreat highways’ and “public works,” and of the bridges with- in his district, the probable cost of repairs thereof, and of all new works required thereto. 41 V. c. 24, 8. 15. Compensa~ XXI. No “great highway” or “public road” (winter roads helore ground excepted), shall be opened, made, on altered, until the compen- for public. sation for the price of the ground so marked out for such “pub- ae lie road” or “great highway,” under the provisions of this Act, shall have been paid or offered to be paid to the proprietor or proprietors thereof ; and the amount of such compensation shall in respect of “great highways” or “public roads” be ascertained in the manner provided by way of arbitration in chapter 11; one arbitrator to be appointed by the party or parties through whose land the proposed alteration or road is to be made, and one by the public meeting at which such new public road or alteration thereof shall have been decided upon, and one by the minister of public works, and such arbitrators shall, within . eight days from their appointment, meet, and within the time aforesaid, they, or a majority of them, shall make their award ; Proviso. provided always, that it shall be lawful for such arbitrators to decide, from the circumstances of any case, whether the com- pensation is to be merely nominal or otherwise ; and the arbi- trators shall take into consideration the advantages the changed road or the public road, will be to the proprietor or proprietors. 41 V.c. 24,8. 16. How sumsto XXII. In all such cases, as compensation for the price of Pe aeera the ground taken for the use of a public road, such sum or beassessed. stims of money necessary to pay the same shall be assessed rate- ably by the overseer on all the ratepayers of the statute labor district ; and any person refusing or neglecting to pay such rate or assessment within three weeks after the demand is made upon him, may be sued for the same in the county court; and the overseer shall be the plaintiff. 41 V. c. 24, s. 17. HIGHWAYS AND RQADs. Chap. 12. 341 XXTIL. It shall be the duty of the overseer to account, on Overseer to or before the fifteenth day of December in each year, to the min, ofpublic minister of public works, for all sums of money collected by moneys him under this Act, specifying the manner in which such et” money has been applied, and stating the balance on hand either in cash or due him ; and any overseer who shall} refuse or neglect to comply with this or any other requirements of this Act, shall be liable toa fine not exceeding the sum of fifty dollars, nor less than ten dollars, for each and]"every offence ; such fine to be recovered by the minister of {public works as an oodinary debt before any court of competent jurisdiction ; and such such return as aforesaid may begin‘the form following : : | « g ' 3S & od © Ee 3 8a F HR, (i ° OQ < “Aa © a oe = Te Sg <5 g 4a ye So Bp oe ase ° no a oO ge 2.9 Sag = , na 72 Pe age a3 o a ay aS ° og ee ot Z A, 636 a 33 ‘Bae & | 3s. ae wR Sdd oo 3 3s | 328 a . 6 SEs aa << ogo Pou te na D 3 ue as 2 a 6 | 283 a. S °.. i, oo ie gue Bq O a so & as | ae Ps 2 Sa [3 ta 2 ao oe ae at @ +> 3 38 28 Zz eo m 2 a 80 Pe =o =a 6} oO » Oo 3 oo oy a ' © 2 = ao 2 ~ Oo A 5 <3 a | leone S . rQ Sad ao wa 3 8 oS a MS 2 | 33 Sg ® ~ 86, ec Sirs. D ° A 03 FT s ge aoe Fy 53 ars Q = E 3 < a 4 842 Chap. 12. IIGHWAYS AND ROADS. OPENING ROADS. TieGov. may XXIV. When the opening of any road between the surveyed pening ‘ 5 wf? ‘ of public townships and any of the great highways or any river is re- aici quired in therinterest of the public, it shall be lawful for the -Lieutenant-Governor in council to direct that such road be opened in the manner hereinafter provided, and the land set. apart and determined therefor may be entered upon by, and the title to such Iand shall vest in, Her Majesty for the pur- pose aforesail. 39 V.c. 10,8. 1. fetition of 4. XXV. On the petition to the Lieutenant-Governor in coun- tants of town- ci] of at least thirty inhabitants of a township or union of por muni- oY ae . . z : cipality townships or municipality, being voters and actual residents required. therein, showing that the opening of a public road between such township or municipality and any of the great highways or any river is in the interest of the public, the Lieutenant- Governor in council may have a. plan: made of the. proposed road and of the lands, whether under cultivation or not, to be traversed by such road, together with a report showing the cost of such public work and the probable compensation to be paid for the land taken therefor. 39 V.c. 10,s. 2. Itappearing XXVI_. If it appears to the Lieutenant-Governor in council / order, after that the opening of such road, or a road answering the same sang be eda purpose, is advisable, an order in council shall, after a due for construc- notice of the same has been published during thirty days in the Manitoba Gazette, be passed to that effect, in which the cost of the opening road, the description thereof, and the amount to be paid by the petitioners or the municipality in respect thereof, shall be mentioned. 39 V.c. 10,8. 3. Po eneis to XXVII. Of the whole cost of the opening of such road, the fourth. petitioners or the municipality shall pay one-fourth, and the balance may be taken from the sums of public money appro- priated for such gencral purposes; or the petitioners or the municipality shall pay the whole cost, as the Lieutenant-Gov- ernor in council shall decide. 39 V. c. 10,8. 4 Petitioners or XXVIII. Uponnoticegiventhe petitioners orthemunicipality, to pay ‘that their prayer is granted, such petitioners or any of them on amount to : + : : provincial behalf of the others, or the municipality, shall forthwith pay bowser. into the hands of the treasurer of the Province the amount of done: money which shall have been fixed as the sum, such petition- ers or municipality shall pay; and no work shall be done until such money has been paid. 39 V.¢. 10,5. 5. How roads XXIX. In all cases where any road from any municipality flement belt’ OF township outside the settlement belt is required, to any war eat beh “creat highway” within the settlement belt, such road shall, if the same can be reasonably done, but not otherwise, run par- - allel with the line of the lots, except where the parties owning the lots consent to allow such road to run diagonally through their lands. 39 V.210, 5. 6. \ HIGHWAYS AND ROADS. Chap. 12. 343 XXX. Such public roads, when ordered to be opened, and dueclet after opened, shall be subject to the provisions of this Act. 39 public works. V..¢.'10, s. 8. Sean . . . . to XXXI. The owners of any land, a portion of which is re- Qveisetom. quired for the purposes of this Act, shall be entitled to receive pensation to compensation therefor, which shall be fixed either by a com- arbitration. missioner appointed by the Lieutenant-Governor in council, or by arbitration in the manner aforesaid. 39 V.c, 10, s. 9. XXXII. The Lieutenant-Governor in Council shall, upon a the report of the minister of public works, stating that a public mation Oe iy road, as aforesaid, is established and ready to be opened to the roaa. public traffic, issue a proclamation declaring such road’to be a public road to all intents and purposes. 39 V.c. 10, s, 12. XXXIIL The Lieutenant-Govetnor in council may appoint MGoy. may two or more competent persons to act as road inspectors Care) throughout the Province ; and the remuneration as well as the ”*? : duties of such officers shall ‘be settled and defined by the Lieutenant-Governor in council. 39 V. c. 10)s. 13. XXXIV. The outer districts hereinafter referred to in this Outer Act shall mean all that portion of the Province not being ~.. ” within the limits of any municipality organized and in exis- tence under any law of the Province. 41 V.c, 23, s. 1. XXXV. The Lieutenant-Governor in council may sub-divide Lt.-Gov. may se : + divide such such outer district, or any part thereof, into statute labor dis- outer dis- tricts, numbering from one upwards, and define the same by “!**- boundaries ; and may appoint one or more persons residing in such districts as overseers of highways and roads in such dis- . - \ tricts. 41 V.c. 23,5. 2. "XXXVI. It shall be the duty of such overseers to assess a Duty of over- road tax, as hereinafter provided, on all male inhabitants and pears owners or occupiers of real estate liable to taxation in the dis- tricts over which they may be appointed overseers. 41 V.c. 23, 8. 3. STATUTE LABOR. XXXVII. Every male inhabitant not otherwise assessed’ ioe being above twenty-one years and under the age of sixty, ex- , cepting clergymen, school teachers, idiots, lunatics, and such others as are exempt by law, shall be assessed one day; every parcel of land owned by a non-resident, and every person as- sessed upon the last assessment roll of the said district for, or being the owner or occupant of, real estate within said district to the value of— Not less than $100, nor more than $500, one day ; Over $500, and not more than $1,000, two days; Over $1,000, and not more than $3,000, three days ; 344 Chap. 12. HIGHWAYS AND ROADS. Over $3,000, and not more than $5,000, four days ; And for every additional $2,000 one day more: and Proviso. Every person so assessed shall be liable to do labor on the highways and roads, as hereinafter provided: provided, how- ever, that minors being owners of half-breed claims and not “ having yet received patents are to be exempt when such claims are not worked o: improved. 41 V. ¢. 23,5. 4 walled of XXXVIII. The cverseers shall, on or before the first day of "June in each year, make out their road lists, containing the names of all persons liable to do statute labor, the number of days assessed to each person, and also the description of each tract of land, and the name of the owner or occupier, if known, with the valuation thereof, as taken from the last assessment roll of the school district or otherwise, or placed thereon by the said overseers, if none appears on such last assessment roll, and the amount of the road tax assessed in a separate column according to forin B hereinafter contained. 41 V. c. 23,8. 5. Assessment = XXXIX. The officer in charge of any assessment roll for the roll may be b gue . examined by district aforesaid, or any part there f, for any purpose what- overseer —_ ever, shall, on application by. the overseer of roads for such district, allow him to examine and ascertain, estimate and assess the road tax to be performed and paid by the different persons on said roll for the current or ensuing year; and in the absence of any such assessment the overseers shall make out assessments for their several respective districts ; the names of persons left out of such road lists, and of new inhabitants, shall, from time to time, be added to the several lists, and they shall be rated by the overseers in the same proportion to work on the highways and roads as others are rated on such lists. 41 V. c. 23, 8. 6. List ofroad = XL. The lists of road work required to be done shall be post- quir- : 4 ering : edto beposteded up by the ove's»ers in conspicuous places within the dis- e ** tricts at least ten days before calling out the labor. 41 V. c. 23, 8. 7. green to. XLT. Overseers of roads shall give at least six days notice noticeto "to all persons assessed to work on highways and roads and BUrHesassess-Jiving within the limits of their respective districts, of the . times and places when and where they are to appear for that purpose, and with what implements; but no person shall be required to work on any highway or road other than in the ’ district in which he resides; and he may elect to pay any land road tax in labor in the vicinity in which said land is situated ; such labor shall be at ths disposition of the overseers of their respective districts. 41 V.c. 23,5. 8. rere XLII. Any person who feels himself aggrieved by the tax assessed by the overseer, may appeal within three days there- from to the decision of a justice of the peace for the county, whose decision shall be final. 41 V. c 23, s. 9. * HIGHWAYS AND ROADS. “Chap. 12. 345 XLII. Every person liable to work on the highways and So nadee roads shall work the whole number of days for which he is labor may assessed ; but every such person may elect to commute for the samo at rate same, or for some part thereof, at the rate of one dollar per *®'P* %¥- day ; in which case such commutation money shall be paid to the overseers of such highways and roads of the district in which the person commuting is assessed, to be applied and expended by the overseer in the improvement of the roads and bridges in the same district; and overseers of highways and roads when such land tax is paid, either in money or in labor, shall write the word “paid” against each name or tract of land in their lists on which the same is paid. 41 V. c. 23, s. 10. XLIV. Every person intending tocommute for his assessnient, Mast BSY hon or any part thereof, shall, within three days after he is notified money within to appear and work on the highways and roads, pay the com- a mutation money for the work required of him by such notice ; and the commutation shall not be considered as made until such money is paid. 41 V. ¢. 23,8. 11. XLV. Every overseer of highways and roads has power to eee ee require team, or cart, or waggon, or plough, with a pair of horses teams, ete. cr oxen and man to manage them, from any person having the same within his district who has been assessed three days or more, and who has not commuted his assessment ; and persons furnishing the same upon such requisition shall be credited for three days for each day’s service therewith within himself and team. 41 V.c. 23, 5.12. XLVI. Every person assessed to work on highways and gna genalig. roads, and warned to work, may appear in person, or by an able-bodied man as a substitute ; and the person or substitute so appearing shall, subject to the orders of the overseer, actually work eight hours in each day, under a penalty of fifteen cents an hour for every hour such person or substitute is in default, to be imposed as a fine on the person assessed. 41 V. c. 23,8. 15. XLVI. Every person so assessed and duly notified who does jersons nelle: not commute, and who refuses or neglects to appear as above- provided, shall forfeit for every day’s liability the sum of two dollars, and if he is required to furnish a team, waggon, man or implements, and refuses or neglects to comply, he shall forfeit therefor and be fined as follows : for wholly omitting to comply Penalties. with such requisition, four dollais for each day; and for omit- ting to furnish a cart, waggon or plough, one dollar for each day ; and for omitting to furnish a pair of horses or oxen, one dollar and fifty cents for each day ; and for omitting to furnish a man to manage the team, one dollar and fifty cents for each day’s liabiiity. 41 V.c. 23,8. 14. XLVIII. Every overseer of highways and roads shall, within Overseer to thirty days after such person so assessed and notified is guilty plaint before of any refusal or neglect, for which a penalty or fine is pre-”" * scribed by this Act, unless satisfactory excuse is rendered to 346 Chap. 12. HIGHWAYS AND ROADS, him for such refusal or neglect, make complaint to one of the justices of the peace for the county in which his district lies. 41 Vic. 23,8. 15. frorcdure of = XLIX. The justice to whom such complaint is made shall forthwith issue a summons, which may be in the forms C and D hereinafter contained, directed to such delinquent, to appear before him at some place to be specified in the summons to show cause why he should’not be fined according to law for such refusal or neglect, which summons shall be served as an ordinary writ by any literate person: provided, however, that no such or other proceedings under this Act before a justice of the peace shall be set aside or declared void for want of form or substance, but all such proceedings may be amended both in form and substance. 41 V.c. 28, s. 16. Justice may ° i i syice mare L. If upon the return of such summons no sufficient cause is orlevyon —_ shown to the contrary, the justice of the peace shall impose a goods and se : . a . chattels. fine, and if not paid forthwith issue a warrant under his hand- directed to any constable of the county where such delinquent resides, commanding him to levy such fine, with the costs of proceedings, on the goods and chattels of such delinquent, and such warrant may be in form E hereinafter contained. 41 V. c. 23, s. 17. as may proceed LI. The constable to whom such warrant is directed shall Sell. after giving notice in three conspicuous places within the dis- trict for ten days, proceed to sell such. goods and chattels of the delinquent as will be a satisfaction for judgment and costs, and shall pay the same, when collected, to the justice who issued the warrant, who is hereby required to pay the same to the overseer who made the complaint, to be by him expended in improving the highways and bridges in the district over which he is overseer ; and in case the delinquent has no goods Justice may whereon to levy the amount of the fine and costs, it shall gaol. be lawful for the justice of the peace to commit such delinquent to the common gaol fora period not exceeding thirty days, unless thé fine and costs be sooner paid: provided, however, that nothing in this Act shall authorize any overseer or justice of the peace to sell or cause.to be sold the lands of any person within the district whose taxes are unpaid therefor before three years from the date on which first payment was due. 41 V.c. 23, s. 18. leetsdtorrxe, LIT. Every penalty collected for neglect or refusal to appear fusal to work. and work on the highways and roads shall be set off against the assessment on which it is founded, estimating each two dollars collected as a satisfaction for one day’s work. 41 V.c. 23,8. 19. No cause shall & A ts pews LIII. The acceptance by any overseer of any excuse for re whole num- fusal or neglect shall not in any case exempt the person ex- berofdays. cused for commuting for or working the whole number of HIGHWAYS AND ROADS. Chap. 12. 347 days fur which he is assessed during the year. 41 V. c. 23, 8. 20, ; LIV. Every overseer of highways and roads is entitled to Rates over. one dollar and fifty cents per day—to be paid out of fines and to be paid. commutation money—for every day he is necessarily employed in the execution of his duties as overseer : provided however, that he shall‘in no case receive a sum of money exceeding thir- ty dollars in any one year for such services, beyond the amount of his own road tax ; the number of days to be accounted to and audited by the minister of public works, who shall allow to said overseer, the sum of ten dollars for thirty days’ statute labour overseen by him ; fifteen dollars for fifty days ;. twenty dollars for eighty days ; twenty-tive dollars for one hundred ‘days ; thirty dollars for one hundred days and over; and when there are no funds from fines or commutation, the min- ister of public works may pay the overseer out of any other fund in his hands, raised or set apart for the purpose of repair- ing and making roads and bridges. 41 V. c. 23, 8. 21. LV. It shall be the duty of every overseer of highways and Labor assess- and roads to have all the road labor assessed in his district Siberia worked} out or actually expended on the highways and roads Pee previous to the first day of December in each year. 41 V.c. 23, s. 22. - r i . ; - Overseer to LVI. Every overseer of highways and roads shall, on or be- Overseer fore the first day of December in each year, render to the min- account tO : * . ye sos min. -ister of public works an account in writing containing : workaaai* follows: (1.) The names of all persons assessed on the highways and roads in the district of which he is overseer ; (2.) The names of all persons who have actually worked on the highways and roads, with the number of days they have worked ; : (3) The names of all those who have been fined; and the sums in which they have been fined, together with the names of the convicting magistrates, and the various amounts colllet- ed under execution ; | (4.) The names of all those who have commuted, and the manner in which the moneys arising from the fines and com- mutations have been expended by law ; (5.) A list of taxes unpaid by non-residents, together with the number of each lot whose owner is either non-resident or unknown and upon which taxes were not collected; (6.) The names of all persons, residents, who have not done or commuted for statute labor, and upon whose land the said tax is due and remains unpaid; which account shall be certi- fied as correct under the oath of the overseer, according to form 348 Chap. 12. HIGHWAYS AND ROADS. B hereinafter contained, sworn before a justice of the peace of the county in which the overseer resides. 41 V. c. 23, 8. 28. hn LVII. Every such overseer shall, upon making his return, over_how to pay to the minister of public works all moneys remaining in his hands, to be by him applied to the making or improving of roads and bridges in the said district, or to the payment accru- ing to such overseer for services rendered. 41 V:c. 23, s. 24. ts LVIIT. If any overseer refuses to render such account, or if, render such having rendered the same, he refuses or neglects to pay any balance which may then be due from him, he shall, for every Penalty. such offence, forfeit the sum of twenty dollars, to be recovered, with the balance of the moneys remaining. in his hands, before any court of competent jurisdiction, by and in the name of the minister of public works, and when recovered be by him applied to the making or improving of roads and bridges in the said district. 41 V.c. 23,5. 25. oe ee LIX. Every overseer of highways and roads shall apply the according to Jabor to be performed under this Act on the “great highways,” according to plans or instructions furnished from the office of the minister of public works, 41 V. ¢. 23, s. 26. yom OE LX. The overseer of highways and roads shall have power, iu pate guy case any bridge is washed away or damaged, or in case any road - ‘ washedaway. is obstructed by the falling of timber or otherwise,after the road labor has been executed, to call out any or all persons liable to do road work in his district, to the amount of one year’s taxes, and repair any bridge or remove any obstruction; and the overseer shall give to each of the persons called out a receipt for the amount of road labor, and such receipt shall be received by any overseer of highways and roads, and shall be applied in payment of any road tax assessed against the holder of the same in any succeeding year. 41 V.c. 23,8. 27. . Rodeo, LXI. The amount of road tax returned. as unpaid by the seer to be col- overseer of each district as before mentioned, shall be colleeted lected under . . os directions from the person named on the direction of the minister of tonic works, Public works, in the same manner as fines under this Act, or by action at law, brought in the name of the overseer of the district in any court of law in this Province. 41 V.c. 23,s. 28. apply two LXII. Any overseer may, if he thinks proper, apply two- ards oflabor thirds of the labor at his disposal on any local or public road on any local road. not being the “ great highway.” 41 V. c. 23, s. 29. Penalty for LXIII. Any person having the legal custody of an assessment access to roll in a locality, formed either wholly or in part into a statute Beepasmment labor district, who refuses to allow access to such assessment roll to the proper overseer or overseers, when requested to do so under this Act, shall, for every such refusal, incur a penalty of not less than five dollars, to be recovered with costs before HIGHWAYS AND ROADS, Chap. 12. 349° any justice of the peace for the county in which such district is situate. 41 V. c. 28, 8. 30. LXIV. Any overseer who refuses or neglects to discharge Segaty," his duties, after having first accepted the office, or who neglects neglecting to or refuses to render a true and correct account as required by duties under this Act, or who refuses or neglects to pay any. balance of pub- '™* ae lic money which then may be due from him, shall for each and every offence incur a penalty not exceeding the sum of fifty dollars, to be recovered at the suit of the minister of public works before any court of competent jurisdiction. 41 V.c. 28, s. 31. / LXV. The following are the forms B, C, D, H, hereinbefore, in the sections of this Act respecting “ statute labor,” referred to :— Form B. Remarks. Overseer. L J. \ “purl uo Aouoyy “Moy pus popuedxe qyunouwry RL Wo predun xvy por pue YUEpPIsat-WO NT “d “£ ed0joq poerleaooed qunouly af jo oureyt “pred UoryeyNUTUIOD ‘T[O1 UOTE 10 qgesias0 Aq ‘{uoUIssessy a 5 ae ‘yuedno0g9 IO J2UMQ “diysumoy, A a “ysred “possasse skep Jo on “OT QR. suosied jo someNn ded thereof, and in what man- and the amount of money collect- for statute labor district, No. Statute Labor District, No. FORM B. he abuve is a true statement to the best of my knowledge of how much has been expen this J.P. le herwise, r, performed and not performed, ner, and the balance remaining in my hands, ed by way of commutation or ot 187 I make oath and say that the amount of labor assessed for day of Sworn, before me at 350 Form C. Form D. + Chap. 12. HIGHWAYS AND ROADS, FORM ©. (Original of the swmmons to be returned by the constable to the justice of the peace after filling wp the blanks for the ser- vie thereof and his costs.) MANITOBA, - County of } A. B., Overseer of statute labor district, No. Plaintiff, / U8. C.D., Ratepayer, Defendant. To C. D.. Take notice that eight days after the service of this sum- mons, you are to appear in person before me, the undersigned justice of the peace of this district, (or of this county, as the case may be,) to show cause why you should not be fined for refusal to comply with the provisions of the Highways and Roads Act. Given under my hand at this ‘day of 187 E. F., Justice of the peace. Service made this day of by G. H., Constable. Amount of road tax ..........0....98 Summons........ eect retard 0 50 SOrviCOlvaccthue ie aaa ee aE 0 25 MUCHES oi andegemmpn dries se ms 0 20 one way Total. c.0 pega aks eee ee $ FORM D. (Copy of the summons to be left with the defendant atrhis domicile or place of residence.) MANITOBA, County of } A. B. Overseer of Statute Labor district No. Plaintiff. vs. | 'C.D., Ratepayer, Defendant. To C.D, Take notice that eight days after the service of this summons you are to appear in person before me, the under- t HIGHWAYS AND ROADS. Chap. 12. 351 signed justice of the peace of this district (or of this county as the case may be) to show cause why you should not be fined for refusal to comply with the provisions of the “Act respect- ing Statute Labor.” Given under my hand at this day of 187 (Signed,) E. F,, Justice of the Peace. oe FORM E. Form E, Province of Manitoba, County of To all or any of the constables in the county of Be it rememb2red, that on the day of 187, at in the said county of A. B. was adjudged ly me to forfeit the sum of under the provisions of Highways and Roads Act, to be paid and ap- plied according to law, together with the costs in this behalf ; and if the said several sums be not paid forthwith I do order that the same be levied by distress and sale of the goods and chattels of the said A. B. Given under my hand the day and year first above mention- ed,” Ls, Justice of the Peace. TRAVELLING ON HIGHWAYS AND ROALS. LXVI. Any person riding or driving,any driver of any vehi- Vehicles cle, cattle, horses, mules or oxen, who small meet on the public highway or road any driver of any other vehicle or animals coming ina contrary direction, shall direct his vehicle or ani- mals on the right hand side of the road in such manner as to me the one half of the road to the party he someets. 34 V. c. 29, s. 1. LXVII. When a traveller as aforesaid is overtaken by an- When over- other traveller who proceeds at a faster rate, the first shall quietly proceed with his vehicle or animal to the left-hand side of the road in such a manner as to leave one half of the re clear to allow of the passing of such other person. 34 V. ce. 29, s. 2. LXVIII. When on a narrow road a traveller not having a Unloaded load overtakes another who is loaded, the last named shall taking loaded Travelling when intoxicated. Two vehicles abreast illegal Heavily loaded vehi- cles. Extinguish- ing fires. Impeding’ highways. Evidence re- quired, and penalties. Act does not prevent action for damages. Bells to be used in win- ter. ‘Chap. 12. “HIGHWAYS AND ROADS, stop, if required to do so, by granting the one half of the road for the passage of the first mentioned. 34 V. ¢, 29, 8. 3. LXIX. Any person on horseback or driving a team, or any conductor of a vehicle or of animals, who shall travel in a state of intoxication, thereby endangering the lives of others, shall be jiable to all the penalties hereinatter imposed. 34 V. c. 29, s. 4 : LXX. It shall not be lawful to drive two vehicles abreast upon the same road so as to impede or inconvenience others, and in case of heavy loads when one full half of the road can- not safely be given, the driver or person in charge of such loaded vehicles shall be bound to stop them so that any other vehicle can safely pass on whether coming in the same or a contrary direction. 34 V.c. 29, s. 5. LXXI. Any person travelling by land or water who shall light a fire on the prairie or elsewhere, and does not put it out before starting, shall be liable to all the penalties hereinafter imposed, and in the case of several offenders, such costs and fines shall be recoverable from each of them separately. 34 V. c. 29, 8. 6. LXXII. Anv person impediag the traffic on a public high- way or road, either by lighting a fire or leaving obstructions of any kind thereon, shall be Liabie to all the penalties hereinafter imposed. 34 V.-c. 29, s. 7. LXAIII. Any infringement of the next preceding seven sec- tions may be proven by one credible witness beforé any justice of the peace having jurisdiction in the locality where such offence shall have been committed, and the offender may be fined in any sum not exceeding twenty dollars, and in default of payment forthwith, he may be imprisoned for not exceeding one month in the common gaol, unless the penalty and costs, with the ecsts of conveyance to gaol, be sooner paid. 34 V. ¢. 29,8. 8. LXXIV. Nothing in this Act shall deprive the party aggrieved from having his recourse for damages in any court having pro- per jurisdiction, in addition to any fine or other penalty imposed under the provisions aforesaid. 34 V. ¢. 29, 8. 9. BELLS. LXXYV. It shall not be lawful for any one travelling on any public road to drive any horse or horses or mule or mules at- tached to any winter vehicle, during the winter time, without such animal or animals carrying at least two bells; and the breach of the provision in this section shall subject the offender to the penalties and punishment mentioned in the seventy- third section of this Act. 36 V. c. 25, sees. 1, 2. HIGHWAYS AND ROADS. Chap. 12. 393 PLANTING TREES UPON HIGHWAYS AND ROADS. LXXVI. Every shade tree, shrub and sapling now growing Tree or shrub on either side of any highway or road in this Province shall be deemed pro- deemed to be the property of the owner of the land adjacent Poy clone, to such highway or road opposite to which such tree, shrub or/and. sapling is, 36 V.c. 27,5. 1. LXXVIL Any person owning land adjavent to any highway No tree or or road may plant trees, shrubs or saplings on the portion planted which thereof contiguous to his land; but no tree, shrub or sapling ji} opstinet shall be so planted that the same may be, or become a nuisance roads. in the highway or road, or obstruct the fair and reasonable use of the same; every tree, shrub or sapling so planted in any highway or road shall be deemed to be the property of the owner for the time being of the land whose owner planted the ‘: same. 36 V.c. 27,58. 2. LXXVIII. The municipal council or other authority having Municipat control of any highway or road, may cause any tree, shrub or paola Coron teh sapling growing or planted on such highway or road, to be re- °F shrub. moved, if and when such removal shall be deemed necessary for any purpose of public improvement in connection with such highway or road; but no such tree, shrub or sapling shall be so removed until after one month’s notice thereof shall be given to the owner of the adjoining property, and he be recompensed for his trouble in planting and protecting the same; nor shall such owner ot any tree, shrub or sapling, or any pathmaster, inspector of roads, or other public officer, remove or cut down or injure such tree, shrub or sapling, on the pretence of improv- ing the highway or road or otherwise, without the express per- mission of the municipal council or other lawful authority having the control of the highway or road. 36 V. ¢. 27, s. 3. LXXIX. Any person who shall tie or fasten any animal to Penalty for any such trée, shrub or sapling, so growing or planted upon prams, any highway or road, or shall injure or destroy, or wko shall remove any such shrub, tree or sapling, or shall receive the same knowing it to be so removed, shall, upon conviction there- of before a justice of the peace, forfeit and pay such sum of money not exceeding twenty-five dollars, besides costs, as such justice may award ; and in default of payment forthwith, the same may be levied of the goods and chattels of the person so offending, or such person may be immediately imprisoned in the common gaol for a period not exceeding thirty days, unless such fine and all costs, including the costs of~conveying the offender to gaol, be sooner paid; and one half of such fine shall go to the person laying the information, and the other half to the locality within which such tree, shrub or sapling was grow- ing. . 36 V.c. 27,8. 4 LXXX. Tt shall be lawful for the municipal council of any Council may corporation to expend money in the plariting and preserving meney in 304 Chap. 13. RESPECTING ICE-HOLES. planting = of shade and ornamental trees upon the highways and roads, and also to grant sums of money to any person or association of persons, to be expended for the same purposes, or for the purpose of encouraging the planting of trees of any kind what- ever on prairie land belonging to freeholders resident within the municipality. 36 V. ¢. 27,.s. 5. Highway— LXXXI. The word “ highway” and the word “road,” when- ever they occur in the next preceding five sections, shall be held to megan and include any public highway, street, road, lane, alley, or other communication, as well as any public place or’ square: provided always, that the first two of the said five preceding sections shall not apply to incorporated cities, towns and villages, unless the council thereof shall first pass a by-law making the same apply thereto. 36 V. c. 27,5. 6. e oe cited. LXXXII. This Act may be cited as “The Highways and Roads A ct.” CHAPTER XIII. An Act respecting iceholes in the Red and Assiniboine rivers. f \ Holes to be marked, s. 1. Fine recoverable in a summary man- When ice is being cut, hole to be sur- ner, 8. 4. rounded hy fence,s. 2. Compliance with the Act may be Penalty, 8. 3. pleaded, s. 5. Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : Holesin ice. I. Whenever any person, either’ by himself, or by his ser- to he marked. vont or agent, and any such servant or agent who shall for any purpose whatsoever, except as hereinafter provided, cut or keep open, or cause to be cut or kept open, any hole or open- ing through or partially through the ice on the Red or Assini- boine rivers, such person shall mark the same by a post in- serted in the ice and projecting above the surface thereof at least five feet, and being five inches in thickness at the small- est part ; and in case the said hole or opening shall be in the vicinity of any track or road on either of the said rivers used * RESPECTING ICE-HOLES, Chap. 13. 355 as a highway, the said post shall be placed on that side of the hole or opening nearest the said track or road ; and such per- son shall, so long as the said hole shall remain open or unfilled, Keep the same marked in the manner aforesaid. 36 V. c. 26, s, 1. TI. Whenever any person shall, for the purpose of obtaining ee ice, cut or open any hole in the ice formed on either of the said 10 be sur- -rivers, he shall cause the same to be surrounded by a fence or 7oUnded with enclosure of wood at least two féet in height, and shall keep the said hole enclosed as aforesaid, except when actually en- gaged in getting out ice, until the said hole shall have become sufficiently frozen over to be safe, or fit for travelling upon. 36 V. ¢. 26,8. 2. III. Any person who shall infringe or violate any of the pro- Penalty. ° visions of this Act shall incur a fine or penalty of not more than twenty dollars in the discretion of the magistrate or jus- tice of the peace imposing the same—half of which fine or pen- alty shall go to the party complaining, and the remainder shall be paid into the Provincial treasury : and such person so vio- lating the provisions of the next preceding sections, shall, in ad- dition tc the remedy herein provided, be liable in a civil action for all damages any person may thereby sustain. 36 V. c. 26, 8, 3. ‘ 4 IV. All fines or penalties imposed by or under the authority Fine recover- of this Act shall be recoverable in a summary manner, before macy mane any one justice of the peace, from whose judgment there shall be no appeal ; and the law in force with regard to proceedings in cases of summary convictions and orders out of session, shall apply to ‘proceedings for the recovery of penalties and fines under this Act, in so far as they may not be inconsistent with, any of the provisions of this Act. 36 V. c. 26,8. 4 V. If any actions or proceedings shall be brought or taken May plead against any person for cutting, or keeping open, or causine to wih Ace? be kept open, any hole or opening through or partially through the ice, or for cutting any ice, on either of the rivers aforesaid as mentioned in the first two sections of this Act, or for any damages arising from the same, it shall be sufficient for him to plead in his defence that he has complied with the provisions of this Act, and upon due proof thereof at the trial, he shall be entitled to a verdict of acquittal, 36 V.c. 26,5. 5. 358 Chap. 14. TO PREVENT ACCIDENTS. CHAPTER XIV. ACCIDENTS AT BUILDINGS, An Act respecting accidents and to facilitate egress from public buildings, Doors of all public buildings to open| Lieutenant-Governor may close in outwards, s. 1, case of failure, s. 3. - Act may be cited as “The public Penalty for neglect or failure, s. 2. buildings accident Act,’ s. 4. Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Doors of all _ I, All public buildings which may or shall be used for ings to open churches, school houses, operas, theatres, lecture-rooms, public outwards. meetings, public halls, or which may or shall be used for any purpose whereby a collection of people may be assembled to- gether for religious worship, amusement or instruction or any other purpose, shall be so built,and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that said doors shall open outward; and that all means of egress from the main hall or principal room and from the building shall be by means of doors which shall open outwards from the main hall or building. 40 Vc. 29,8. 1. Penalty. II. Any person or persons who shall fail or refuse to comply with the provisions of this Act, shall be fined in any sum not less than ten dollars and not more than one hundred dollars,to be collected by action in any court of competent jurisdiction in the name of any person who shall sue for the same, as if it was a private debt. 40 V. c, 29,5. 2. Bay beriosea _1I. The Lieutenant-Governor in council shall be empower- ed, and he is hereby authorized and required to close and pro- hibit all public buildings from being used in violation of this Act: provided that in all incorporated cities and towns such authority and obligation shall rest with the mayor and corpor- ation of said city or town. 40 V.c¢. 29, s. 3. » IV. This Act may be cited as “The Public Buildings Acci- dent Act.” BUREAU OF AGRICULTURE. “Chap. 15. 307 CHAPTER XV. : An Act respecting the Bureau of Agriculture and Statistics. Control of bureau of agriculture and cer or officers, s. 5 statistics, s. 1. All boards and agricultural societies Administration of bureau, s, 2. &e., to answer communications, s. 6. Duties of minister, s. 3. Minister may appoint person or per- Minster to be ex-officio member of all sons to inspect books, s.7. . | agricultural societies, s. 4. , General duty of minister of agricul- Lt.-Governor may appoint under offi- ture, s. 8. Her Majesty, by and with the advice and consent of the Legislative assembly of Manitoba, enacts as follows: I, All that part of the administration of the government of Control of this Province which relates to agriculture, immigration and agriculture statistics, shall be under the control of the bureau of agricul-°° @™S° ture and statistics. 39 V.c. 11,8. 1. II. The said bureau shall be administered and managed by Aamitinreau the minister of agriculture and statistics. 39 V.c. 11,5. 2. IIL. It shall be the duty of the said minister to institute in- Rutiesof min- quiries and collect useful facts and statistics relating to the agricultural, mechanical and manufacturing interest of the Province, and to adopt measures for circulating and dissemin- ating the same in such manner and form as he finds best adapted to promote the progress of the Province and to encour- age immigration from other countries; and he shall submit to the Legislature, within ten days after the opening of each ses- sion thereof, a detailed report of his proceedings. 39 V.c. 11, 8. 8. é IV. The minister of agriculture and statistics shall be ew Minister to be . ie e aie ez officio mem-= officto member of all societies of agriculture at any ‘time estab- ber of allagri- lished in this Province. 39 V.¢. 11,8. 4. Gore acres V. The Lieutenant-Governor in council may, at any time, Lt-Goy. may appoint one or more fit and competent person or persons to puty under serve under the minister, for the necessary and satisfactory ™™*** administration of the affairs of the bureau of agriculture and statistics, all of whom shall hold office during pleasure ; and the salary to be paid to such officer or officers, respectively, shall be fixed by order in council. 39 V.c. 11,8. 5. 358 Chap. 15. BUREAU OF AGRICULTURE. sates VI. All boards of agriculture, agricultural associations, ag- agricultural ricultural societies, municipal councils, boards of trade, public required to institutions and public officers in this Province, shall promptly dialcommun- answer official communications from the said bureau of agri- ications. culture and statistics, and shall make diligent efforts to supply correct information on all questions submitted to them respec- Penalty of tively ; and any officer of any such board, association, society, council, or other public institution, refusing or wilfully neg- lecting to answer any questions or to furnish any information relating to the agricultural, mechanical or manufacturing inter- ests, or the statistics of the Province, whenever required so to do, either by the said minister or by any person duly author- ized by him in that behalf, shall, for every such offence, incur a penalty of ten dollars, which shall be recoverable by any per- son suing for the same before any court of competent jurisdic- tion, and shall be paid to the treasurer of the Province. 39 V. c. 11, s. 6. Misines _ VIL. The minister of agriculture may, at any time, and from may appoint time to time, appoint any person or persons to inspect the person or per- ae “ : ; se sons to in books and accounts of any society in the Province receiving ete. «government aid, and being in any way in connection with the bureau of agriculture and statistics; and all officers of every such society, whenever required so to do, shall submit such books and accounts to such inspection, and truly to the best of their knowledge, answer all questions put to him in relation thereto or to the funds of such society. 39 V.c.11,s. 7. ‘ S, General duty VIII. It shall be the duty of the minister of agriculture to agriculture. see to the observance and execution of the provisions contained in the eleven chapters next following this Act, and of all Acts, statutes and laws cognate and appertaining to the office of minister of agriculture. CHAPTER XVI. An Act respeciing the registration of marriages, baptisms and burials and vital statistics FoRM AND EFFECTS, ETC.,OF REGISTERS| How entries of baptisms to be made, Minister of every church and congre- 8. 3. gation to keep register in duplicate] Registers authenticated, to be legal of baptisms, marriages and burials,|}“ evidence — Period for which the s.1. ; books are to be used, s. 4. 4 Registers to be furnished and authen-| Clerk of the county court may authen- ticated, s, 2. ticate register, s. 5 VITAL STATISTICS, Minister or priest to make index, s. 6. How register authenticated, s. 7. By whom entries shall be signed, s. 8. In case parents are unknown, 8. 9, How entries of marriages shall be made, 8. 10. By whom the entries shall be signed, s. ll. How entries of burials shall be made, s, 12. Register authenticated for one year, at the end of the year to be deliver- ed to the prothonotary of the court of Queen’s Bench or clerk of the county court, 5. 13. : Where child not baptised, birth to be registered in office of clerk of coun- ty court, s. 14. eeined extracts may be obtained, s. Penalty on minister for not complying with Act, s. 16. Chap. 16. Application of Act, 8. 18 How registers of missionaries may be authenticated, 8. 19. In case registers are lost, how bap- tisms, etc., may be proved, 8. 20. VITALSTATISTICS PREPARED BY CLERE OF COUNTY COURT— : Statements to be prepared for Lieute- nant-Governor, 8, 22. Fees allowed to clerk for such services, 8. . Duplicate register only to be authen- ticated, s. 24. Registers and duplicates to be supplied by minister of A & Sor Prov. sec.,; 8. 25. ; Priests’ or ministers’ signature suffi- cient, 8. 26. Fees to be paid minister or priest, s. 97. 4 Schedule to Act, 8. 28. How Act cited, s. 29. 359 Penalties, how recovered and disposed| of,s. 17%. . Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : FORM AND EFFECT, ETC., OF REGISTERS. I. In order, by the keeping of uniform and authentic regis- ahevere ters of the baptisms, marriages and burials in Manitoba, to church and secure the peace of families, and to ascértain the various civil ie ees son rights of Her Majesty’s subjects therein, the registers kept in P)°3ts,708!* every parish church, or designated as such by the proper and tsins, mar- competent authority of the Roman Catholic communion, and burials. also in each of the Protestant churches or congregations or other religious denominations within Manitoba, shall be reputed authentic, and shall be legal evidence in all courts of justice ; and there shall be kept by the priest or minister authorized to perform baptisms, marriages and burials, besides the register that shall remain in the parish or congregation, a duplicate of the said register of the same tenor, each of which shall be re- puted as authentic and shall be legal evidence in all courts of justice; and in each of the said registers the said priest or minister of such_parish or church or congregation, shall enregis- ter all baptisms, marriages and burials, as soon as the same have been performed ; and nothing shall be registered but what shall be declared by the appearing parties ; and the said appear- ing parties shall give to the registering priest or minister all the necessary information to effect the said registration in con- formity with the provisions of this Act. 36 V. ¢. 13,8. 1. II. The said registers and duplicates thereof shall be furnished Resistors ao and supplied for the use of any church or congregation by the senda minister of agriculture and statistics or the Provincial secretary, "°™'°""**- duly authenticated, on the application of any priest or minister, free of charge: provided always, that any registers in use prior to the 8th of March, 1873, may be continued in use until the 360 How entries which the books are to serve. Clerk of the Co. court may Chap. 16. VITAL STATISTICS. same are filled up; and all such registers and all entries there- in, shall have the same force and effect as registers provided and kept under the provisions of this Act. 36 V.c. 13, 8. 2; 41 V. c. 20, 8.1; 38 V. ¢. 39,5, 1. III. Every such register-book shall be authenticated as fol- areie be lows, that is to say: it shall be numbered on the first and every made. subsequent leaf by the number thereof written in words at full length, and shall be sealed by the prothonotary with the seal of the court of Queen’s Bench, which sealing shall be effected © by passing a ribbon or other sufficient fastening through every leaf of such register, and by bringing the ends of such ribbon or fastening out and securing them under the seal of such court, inside of the binding or cover of such register, and such register shall be authenticated on the first page thereof by an attesta- tion of the prothonotary, specifying the number of the leaves contained in such register, the purposes for which it is intended, and the day and year of sealing and of making such attestation, which shall be signed at full length by the prothonotary mak- ing the same. 36 V.¢. 13, s. 3. ENTRIES, HOW MADE. Register so IV. Such registers, so numbered and authenticated as afore- authenticated _tobe legal said, shall be legal evidence of such baptisms, marriages or pees burials as are recorded in them; and the one of the two | regis- ters which is to remain in the hands of the priest or minister in each parish, protestant church or congregation, as hereinafter directed, shall ‘be a bound-book of strong paner, to serve for enregistering the births, marriages and burials, for one or sev- eral years, till such book be filled; and the other register shall serve for enregistering the same for one year only, commencing the first day of January, but both books shall be numbered and authenticated as hereinbefore prescribed. 36 V.c. 13, 5. 4 V. It shall not be necessary for the prothonotary of the court authenticate’ of Queen’s Bench to number or authenticate any such register, registers. Minister to make an in- dex to regis- ter. but the same may be numbered and authenticated by the clerk of the county court with the same legal effect as by the pro- thonotary ; but nothing herein contained shall be construed to prevent the prothonotary from numbering and authenticating any such register. 86 V.c. 13,8. 5. VI. To each of the duplicate registers the priest or minister as aforesaid; shall make an alphabetical index of the names of the persons ‘baptized, married and buried, with references to the folio in which each name is to be found. 36 V.c. 13, s. 6. How such ree VII. In the entries of the baptisms in the said registers, gister shall be authenticate dmention shall be made in words of the day, month and year on which the child was baptized, of the time of the birth, of the name given to the child, those of the father and of the mother, with the quality or occupation and place of abode of the father, VITAL STATISTICS. Chap. 16. 361 and whether the said father is a member of the parish or con- gregation or not, and the names of the sponsors, if any there be. 36 V.c. 13,5. 7. VIII. Such entries shall be signed in both registers by the By whom person administering the baptism; also by the father and mother, if they are present, and by the sponsors, if there are any; and if any of them cannot sign his or her name, mention shall be made thereof under or in the entries. 36 V.c. 13, s. 8. IX. When any child is presented for baptism of which the pee er father or mother is not known, mention thereof shall be made known. under or in the entries. 36 V. c. 13, s. 9. ~ X. In the entries of marriages in the registers aforesaid, How entries. mention shall be made in words of the day, month and year on shall be made. which the marriage was celebrated, with the names, quality or occupation, and place of abode of the contracting parties, whether they are of age or minors, and whether married after publication of banns or by dispensation or license. 36 Ye 13, s. 10. XI. Such entries shall be signed in both registers by the Oy yemair® person celebrating the marriage, by the contracting’ parties, be signed. and by at least two witnesses; and if any of them cannot sign his or her name, mention shall be made thereof under or in the said entries. 36 V.c. 13,s. 11. XII. In the entries of a burial in the register aforesaid, men- How entries tion shall be made in words of the day, month and year of the shall be made. person’s burial, and day of decease, if known, and of the age, name and quality or occupation of the person deceased ; and the said entries shall be signed by the priest or minister who performed the burial service, and by two of the nearest relations or friends of the deceased there present; and if any of them cannot sign his or her name, mention shall be made thereof under or in the said entries. 36 V. c. 13, s. 12. XIII. In six weeks at farthest, after the expiration of each The register year, the minister or priest having then charge of any dupli-forone year” cate register shall deliver the register which has been authen- 9 2@ ,deliver- ticated to serve for the said year, into the office of the clerk of Cee the county court for the county in which the parish, church tary of the or congregation for which the registers have been kept is situate, Queens and take a receipt for the same from the said clerk; and the Bench. other duplicate register, authenticated as aforesaid, shall remain with the said priest or minister, to be by him preserved and left to his successor in office or clerical duty. 36 V.c¢.13,s.13. XIV. In case where the child is not be ptiz:d the parents of When child is the said child shall, within the space of three months from its Brunt pe birth, register the said birth in the office of the clerk of the Bieeeer re Cc county court of the county where they reside ; and the said ty court. clerk shall keep a special register for the purpose, authenticated t 362 Chap. 16. VITAL STATISTICS. as hereinbefore mentioned, in which he shall register the day, month and year of the birth of the child, the name given to him or her, the name of the parents, the quality or trade of the father and the place of his abode: provided always that in the case of the death of the parents within the period hereinbefore mentioned, it shall be the duty of the guardians of such child to register such birth; and if there be no guardians, then it shall be the duty of his nearest relation to effect the said regis- tration. 36 V.c. 13,5. 14 fertaed exe oV. Any person interested, may at any reasonable hour de™ obtained. mand a copy of any entry in either of the registers aforesaid ; and in consideration of the sum of fifty cents to him paid, the _ clerk of the aforesaid court, the priest or minister in possession of the register, shall grant such copy, certified under his signa- ture, which shall be received as evidence in all courts of justice. 36 V.c. 13,8. 15. . Penalty on ™ Iinistereneg- VJ. All complaints for the refusal or neglect by the parties eevine ith mentioned in this Act to comply with the true intent and this Act. | meaning thereof, may be lodged, in term or out of term, before any judge holding the county court for the county in which the parish church or congregation of the party so accused is situ- ated : provided always, that four days previous notice shall have been given to such party so accused, with a copy of such complaint, and the day that such complaint will be presented to the judge as aforesaid. 36 V.c. 13,8. 16. Penalties XVII. After the hearing of the parties, the judge, according ow recover- : . : . ed and dispos-to the circumstances, shall dismiss the complaint of the com- es plaining party with costs, or shall impose upon the party so accused a fine of five dollars and costs for each infraction of this Act; and such penalty shall forthwith be paid to the Pro- vincial treasurer for the public use of this Province. 36 V. e. 13, 8. 17. REGISTERS, HOW AUTHENTICATED. Application = XVIII. This Act shall extend to all religious communities : and hospitals, and‘ to all priests or ministers performing the clerical duty of such religious communities and hospitals who shall be subject to the duties and penalties hereby imposed. 36 V. c. 13,8. 18. How registers XIX. The registers of every missionary properly authorized of missionar- . : 4 oe : Su es ies may be au- by his ecclesiasticai superiors, or by the constitution of the re- thenticated- Jicious congregation or church to which he belongs, to perform baptisms, marriages and burials outside the parishes or congre- gations regularly’ formed, shall be reputed authentic, and shall be legal evidencegin all courts of justice, subject to the provi- sions hereinbefore mentioned ; and such registers shall be au- thenticated under the name given by the missionary who, at the end of each year, shall deliver a duplicate of the said regis- VITAL STATISTICS. Chap. 16. 363 ter to the clerk of the county court where the.same have been authenticated ; and when his mission shall have come to an end, the said missionary shall deliver the register in his posses- sion to his successor or to the ecclesiastical authority from which he has received his mission : provided also, that in the event of a register being granted to any protestant minister of any denomination acting asa missionary, the same shall be granted, on production of credentials from the bishop, presby- tery, conference, or other ecclesiastical body of which he is minister ; and such minister shall, on ceasing to act as a mis- sionary, deposit both such registers with the clerk of the coun- ty court for the county in which he shall have acted as a mis- sionary, or, if he have acted in more counties than one, then he shall deposit the same with the clerk of the county court of the county of Selkirk, in the town of Winnipeg. 36 V. cc. 13, s. 19. x ‘ x In case regis- XX. In all cases where the register of any parish, or of any {eis "are lost, protestant church or congregation, cannot be found, or where He peenens none have ever been kept, nothing in this Act shall prevent proved. the proof of baptisms, marriages or burials being made and re- ceived, either by witnesses, or family registers or papers, or other means allowed by law, saving to the adverse party the right of impeaching or disproving such evidence. 36 V.c. 13, s. 20. XXI. Nothing in this Act shall affect any provisions of law or usage of this country, making valid any register of baptisms, marriages and burials, or any entries in any such registers. 36 V. ¢. 13, 8. 21. VITAL STATISTICS PREPARED BY THE CLERKS OF COUNTY COURTS. XXII. The clerks of the county court, in‘the séveral counties Pistementat? of Manitoba, shall annually prepare and digest, from the regis- forthe Li ters of baptisms, marriages and burials deposited in their $3¥3t2 cer respective offices, a triplicate statement and return of the num- . ber of baptisms, marriages and burials that have taken place during the preceding year in their respective counties, distin- guishing the number of males baptized or buried from that of females, indicating the age in each case, and classifying them by parish, township, or settlement not comprehended in any parish or township, agreeably to the form prescribed for that purpose in the schedule to this Act ; which triplicate statement and return the said clerks shall, respectively, within fifteen days after the time by this Act appointed for delivering the said registers into their respective offices, lay before the Lieu- tenant-Governor and before the Legislature, if the same be in session ; if not, then within the first six days after the méeting of the ensuing session thereof. 36 V. c. 13, s. 22. 364 Chap. 16. VITAL STATISTICS, Fecsslowed =X XIII, For the said services, the said clerks, respectively, for such ser- shall be entitled to a compensation not exceeding the following rates, that is to say: for examining the registers in order to prepare the statement and return aforesaid, one dollar per register ; and for the draft and copy of the said general state- ment and return of the county according to the form in the schedule, accompanied by and including the parochial, town- ship, settlement and county returns, four dollars; and for each additional copy of such general statement and return of the county, accompanied by and including the said parochial, towi- ship and county return, one dollar; which compensation shall be paid from and out of any unappropriated moneys of the Province, under warrant to that effect directed by the minister of agriculture and statistics or the Provincial secretary to the Provincial treasurer of the Province. 36 V. ¢ 18,8. 23; 42 V. c.17,8.1; 43 Vie 14,8. 1. ALLOWANCE TO PRIEST AND MINISTER. Duplicate re, XXIV. In any case where the register in use prior to the 8th be authentica- of March, 1873, is continued in any such case as aforesaid, the oo duplicate register mentioned in the first section only shall re- quire to be authenticated as provided in the second and third < sections. 38 V.c. 39,5. 2. aeeietesto. XXV. Notwithstanding anything in the second section con- Prov Bee, tained, any registers and duplicates thereof to be hereafter sup- plied to the use of any church or congregation, shall be supplied by'the minister of agriculture and statistics or the Provincial secretary to the minister or priest thereof, in printed form, of such size and shape as to admit.of the necessary entries being conveniently made therein, and such registers and duplicates shall be supplied at the cost of the consolidated revenue fund. 38 V.c. 39, 8. 3. Priests Or sige .+XVI. It shall not be necessary that entries in the registers nature sufi- of baptisms or deaths shall be signed by any witness other than aati the officiating priest or minister. 38 V. c. 39, s. 4. Rowntree XXVII. Every minister or priest on delivering the yearly ter or priest register to the clerk of the county court in the county in which Searly ‘ree the parish, church or congregation for which the registers have ter. been kept, is situate, shall be entitled to receive from the Pro- vincial treasurer the sum of two dollars as compensation for his services in keeping such register; and the production or transmission to the Provincial treasurer of the receipt of the clerk of the county court,as mentioned in the thirteenth section, for the delivery to him of such register by such priest or min- ister, shall be sufficient evidence to authorize the ordering of | payment of such sum to such minister or priest to be made by the board of audit. 38 V.c. 39,s.5; 42 V.c.17, 8. 2. XXVIII. The following is schedule A referred to in this Act. , 365 Chap. 16. VITAL STATISTICS, T?4O.L (aq fnwlasno sp) seSy| ‘sopeuleg [Sosy] ‘soley ‘soyeule,y | ‘SoTepy | 410 ‘Sodrauryy ‘yarypeg get psl8 SR EF 5 ve ESisl@3 OB Es & 8 a. 8 Pees B 5 ‘suUM0} pure 2 ‘syremoy| 3 °!8 eo of : “speling ‘8 ‘suistydeg . ‘sdrqsumoy ‘soTqunoy, " SB) Slag oS, Fs ; ‘soystaeg S15] Foa8d Oo] okt ® So Slel EE SRT jo Ayunoo ay} UI speLing pure soserre py ‘sustydeg jo UInjer pue yueuIO}e4S [e1oTEL) ‘VY WINGHHOS 366 Chap, 17. PARTNERSHIPS. XXIX. This Act may be cited as “The vital statistics Act.” CHAPTER XVII. An Act respecting partnerships. REGISTRATION OF PARTNERSHIPS— |LIMITED PARTNERSHIP— Partnership firms to deliver declara- a partnerships may be formed, tion to prothonotary signed by' O tw hoi t6 consist, s. 15. Members or. irmy s1 General and special partners, duties Declaration to contain names, sur- of, 8. 16. ie a and residences of partners,’ General partners only to transact bu- 8. 2. siness, etc.,s. 17. Declaration to be filed within six] Certificate to be signed, contents of, 8. months, s. 3. en ia enol 49 rati " : ere to be filed, 5. 19. Pe ee aean Tene jon rorhong Partnership not formed until filed, s. 1 20. Come: - Certificate of continuance, s. 21. Declaration to contain. name, resi-| What alterations to be deemed a dis- dence and style of firm or name,s.5.| —‘golution, 8. 22. : Prothonotary to keep two alphdbeti-| Partnership name, s, 23. cal indices, s. 6. Liability of general partners, s. 24. | Prothonotary to enter in “Firm Index| Restriction upon stock of special Book’ name of firm, s. 7. partners, 8. 25. Prothonotary to enter in “Individual] When liable to refund, s. 26. Index-book” names of members, s.| Privileges of special partners, s. 27. : ' E General partners liable to account, 8. Persons making a breach of Act tol - 28. forfeit $100, s. 9. Other creditors preferred to special Allegations in declarations not con- partners, s. 29. . trovertible by party signing, s. 10. No premature dissolution without no- If declaration not filed action may be tice,s. 30. . , brought against parties known, s.11.| Duty of prothonotary and registrar, Allowance to prothonotary, s. 12. s. 31. ‘ Forms mentioned in Act, s. 13. How Act may be cited, s. 382. Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: REGISTRATION OF CO-PARTNERSHIPS. Fartnership I. All persons who, at the time of the passing of this Act, or yer declara- who hereafter may be associated in partnership for trading, thonotary. manufacturing or mining purposes in this Province, shall signed by .¢ cause to be delivered to the prothonotary of the court of firm. Queen’s Bench for the Province of Manitoba, a declaration in writing, signed by the several members of such co-pai'tnership: \ provided, however, that if any of the said members be absent from the place where they carry, or intend to carry, on busi- ness, at the time of making such declaration, then by the members present in their own names, and also for their absent co-members, under their special authority to that effect may make the declaration ; such special authority to be at the same time filed with the said prothonotary, and annexed to such declaration. 38 V. c. 14,s. 1. Declaration to II. Such declaration shall contain the names, surnames, and names, sur- residences of each and every partner or associate as aforesaid, Fesldenoes of and the name, style or firm under which they carry on, or in- PARTNERSHIPS, Chap. 17. 367 tend to carry on, such business, and stating also the time dur- Parmers- ing which the partnership has existed or is to exist, also de- claring that the persons therein named are the only members of such co-partnership or association. 38 V.¢. 14,8. 2. IIL. The said declaration, if already filed, shall stand good ; Deglazation and hereafter such declaration shall be filed within six months yithin six - next after the formation of any parnership, and a similar de- claration shall, in like manner, be filed when and so often as any change, alteration or dissolution of partnership shall take place in the membership of such partnership, or in the name, style or firm under which they intend to carry on business, and place of residence of such member of said firm. 38 V.c¢. 14, s. 3. IV. Every person who, hereafter, may be engaged in busi- 2egl@ration ness for trading, manufacturing or mining purposes, and who is prothonctary not associated in partnership with any other person or persons, ing the term but who uses, as his business style, some name or designation ,3ny 9°" other than his own name, or who in such business uses his own name with the addition of “and Company,” or some other word or phrase indicating a plurality of members in the con- cern, shall cause to be delivered to the prothonotory a declara- tion of the fact in writing, signed by such person. 38 V.c. 14, 8. 4. V. The declaration last aforesaid shall contain the name, sur- Peclaration name, addition and residence of the person making the same meme, Feel and the name, style or firm under which he carries on, or in- style of firm, tends to carrry on, business, and shall also state that no other : person is associated with him in partnership: and the same shall be filed in manner and subject to the provisions aforesaid. 38 V.c. 14,8. 5. VI. It shall be the duty of the prothonotary to keep two prothonciary. alphabetical indices of all declarations of co-partnerships deli- alphabetical vered to him in pursuance of the provisions hereof. 38 V. ¢,'™U° 14, 8. 6. VIL. In one of such books, hereinafter called the “ Firm In- oe dex-Book,” the prothonotary shall enter in alphabetical order firm index- the style of the frespective firms in respect to which declara- frm 7? ™° tions have been delivered to him, and shall place opposite each entry the names of the person or persons composing such firm, and the date of the receipt by him.of the declaration, in the manner shown in the “ Firm Index-Book,” a form of which is exhibited in the schedule hereto in section13. 38 V.c. 14,8. 7. VIII. In the second of such books, hereinafter called the 7 reLuonon ry: “ Individual Index-Book,” contained in section 13, the pro- dividual in- thonotary shall enter in alphabetical order the names of the {3 200% respective members of each of such firms, and shall place oe posite such'entry the style of the firm of which such persons are members, and the date of the receipt of the declaration in 368 Chap. 17. PARTNERSHIPS. the manner shown in‘the “ Individual Index-Book,” in section 13. 38 V.a145s. 8. . ¢ eae to ith LX. Each and every member of any partnership or associa- ga anontele tion, as aforesaid, failing to comply with the requirements afore- , said, shall forfeit the sum ot one hundred dollars, to be recover- ed before any court of competent jurisdiction, by any person é suing, as well on his own behalf as on behalf of Her Majesty ; o mH |g eel oe a p a A q aj 3 3 ae 4 aE 3 e g ‘s Cond Py 2 3 8 2 f Pp o an y : 3 a a oO | Z, LIMITED PARTNERSHIPS. XIV. Limited partnerships for the transaction of any mer- Limited part- eanuie aeouetical or manufacturing business within the Pro- b:formed. 370 Chap. 17. PARTNERJHIPS. vince of Manitoba, may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the conditions and liabilities hereinafter mentioned, but no such partnership shall be formed for the purpose of banking or mak- ing insurance. 38 V.c. 40,5. 1. Of whom to ¢ pater XV. Such partnerships may consist of one or more persons, who shall be called “ general partners,” and of one or more per- sons who ¢ontribute in actual cash payments a specific sum as capital to the common stock, who shall be called “ special part- ners.” 38 V.c. 40,8. 2. : General and XVI. General partners shall be jointly and severally respon- ners: duty of. Sible as general partners are by law; but special partners shall not be liable for the debts of the- partnerships beyond the amount by them contributed to the capital. 38 V.c¢. 40, s. 3. General part- XVII. The general partners only shall be authorized to trans- inaneast puai-act business and sign for the partnership, and to bind the same. s ! ness, etc.> 38 V.c. 40,8. 4. ; Gertifieate to XVIII. The persons desirous of forming such partnerships tents of Shall make and severally sign a certificate, which shall con- tain :— (1.) The partnership name or firm under which the partner- ship is to be conducted ; (2.) The general nature of the business intended to be trans- sacted ; (3.) The names of all the general and special partners inter- ested therein, distinguishing which are general and which are special partners, and their usual. places of residence ; (4.) The amount of capital stock which each special partner has contributed ; (5.) The period at which the partnership is ‘to commence, y and the period at which it will terminate. 38 V.c. 40, s. 5. Form of. (6.) The certificate shall be in the following form, and be signed by the several persons forming such partnership before a notary public, who shall duly certify the same, namely : “ We, the undersigned, do hereby certify that we have enter- ed into co-partnership under the style or firm of (B., D. & Co, as grocers and commission merchants) which firm consists “of A. B,, residing usually at and C. D., residing usually at , as genéral partners ; and E. F., residing usually at , and G. H., residing usu- ally at , a8 special partners : the said E. F. having contributed ($4,000), and thé said G. H. ($8,000), to the capital stock of the said partnership : which said co-partner- PARTNERSHIPS. Chap. 17. 371 ship commences on the day of , one ‘thousand eight hundred and , and terminates on the day of , one thousand eight hundred and Dated this _ day of , one thousand eight hundred and (Signed) A. 8B, ©. D., E. F., G. H. Signed in the presence of me, Notary public.” 38 Vic. 40, 8. 6. XIX. The certificate so signed and certified shall be filed in whereto be the office of the prothonotary and of the registrar of the county ne in which the principal place of business of the partnership is situate, and shall be recorded at large in a book to be for that purpose kept and open for public inspection. 38 V.c¢. 40,s. 7. XX. No such partnership shall be deemed to ha formed until a ee aeats te been made, certified ree bot formed” recorded as above directed; and if any false statement be made ina in such certificate, all the persons interested in the partnérship shall be liable for all the engagements thereof as general part- ners. 38 V.c. 40,8. 8. XXI. Every removal from the place origiy 0 i its location, or the ares beyond te : ad continuance. for its duration, shall be certified, filed and recorded j con manner herein required for its original formation; and — partnership otherwise renewed or continued shall be deemed, general partnership : provided always, that on the eal if Proviso, any such partnership the interest in the stock, assets and a bt , of any limited partner, as the same may be found to be, or a portion as shall be agreed to remain in the partnership ao - ey assets thereof, shall be held and taken to have ee : ce : = ee eres under the fifteenth section of this Act. _ XXIL. Every alteration made in the nam in the nature of the business, or in the apitdl or co or in any other matter specified in the original certificat oa fulions se be deemed a dissolution of the partnership ; and ever oat 7 partnership, in any manner carried on after any such alte coe has been made, shall be deemed a general partnershi rece _renewed as a partnership de novo, according to the ye es of the next preceding section. 38 V.c. 40, s. 10 een What altera- tions to be XXIII The business of the partnership sh under a name or firm in hii Whe maiee of i: nicted Partnership ners, or some or one of them, only shall be used : at ae ? e 372 Chap. 17. PARTNERSHIPS, name of any special partner is used in such firm, with his pri- vity, he shall be deemed a general partner. 38 V. c. 40, s. 11. maacility oft XXIV. Actions or suits in relation to the business may be ners as such. brought and conducted by and against the general partners in the same manner as if there were no special partner. 38 V.c. 40, s. 12. Restrictions § XXV. No part of any sum which any special partner has Special part contributed to the capital stock shall be a ihidvag by him, ries or paid or transferred by him in the shape of dividends, profits or otherwise, at any time during the continuance of the part- nership ; but any partner may annually receive lawful interest on the sum so contributed by him, if the payment of such in- terest does not reduce the original amount of capital; and if, after the payment of such interest, any profits remain to be divided, he may also receive his portion of such profits. 38 V. c. 40, 8. 13. wyieiand aw SSVI. If it appears that, by the payment of interest or pro- fits to any special partner, the original capital has been reduced, the partner receiving the same shall be bound to restore the same or so much thereof as shall be necessary to make good his share of the deficient capital with interest. 38 V.c. 40, s. 14, Eroini nant ; XXVII. A special partner may, from time to time, examine ners, into the state and progress of the partnership concern, and may advise as to its management, but he shall not transact any business on account of the partnership, nor be employed for that purpose as agent, attorney or otherwise ; and if he inter- feres contrary to these provisions he shall be deemed a general partner. 38 V.c, 40,8. 15. General part” XXVIII. The general partners shall be liable to account account. both in law and equity to each other and to the special part- ners for their management of the concern, in like manner as other partners are liable. 38 V. c. 40, 8. 16. Other credit: XXIX. In case of the insolvency or bankruptcy of the part- fospecial nership, no special partner shall, under any circumstances, be partners. allowed to claim as a creditor until the claims of all the other creditors of the partnership have been satisfied. $88 V. c. 40, s. 17. 2 No premature XXX. No dissolution of such partnership by the acts of the ‘without no- parties shall take place previous to the time specified in the tice. certificate of its formation, or ,in the certificate of its renewal, until a notice of such dissolution has been filed in the office in which the original certificate is recorded, and has been pub- lished once in each week, for three weeks, in a newspaper pub- lished in the county where the partnership has its principal vlace of business, or the nearest place thereto wherein a ne ws- RESPECTING ANIMALS. paper is published, and once in ce. 40, s. 18, Chap. 18. the Manitoba Gazette. 38 V. XXXI. The.prothonotary and registrar shall each receive, for filing and recording every such certificate, the sum of one dollar. 38 V.c. 40,5. 19. XXXII. This Act may be cited as “ The Partnerships Act.” . CHAPTER XVIII An Act respecting domestic and other. animals. ANIMALS RUNNING AT LARGE— Penalty for detaining without owner’s leave, s. 1. Exception, s. 2. Advertising shall not excuse using. s.3. Runaway animal, s. 4. Owner may sue for damages, 8s. 5. How fine shall be appropriated, s. ¢. Bessa Batael eg in horses from prai- tie, 8. 7. Penalty for offending preceding provi- sions, s. 8 RAMS, BULLS AND PIGS— Rams, bulls and pigs not to run at large, 8. 9. Proceedings when found at large, s. 10, Proceedings of capturer, s. 11. Stallions running at large, captured and impounded, s. 12. STRAY ANIMALS— Appointment of pound-keepers, s. 13. Duty of pound-keepers, s. 14. Disposal of surplus funds, s. 13. oo animals may be impounded, s. Charges under Act, s. 17. Conditions under which animal may be impounded, s. 18. Duty of any person having stray ani- mal, s. 19. Penalty, s. 20. BREACHY ANIMALS— Breachy animal, s. 21. Lawful fence, what, s. 22. Owner of animal to be subject toa fine of $1, s. 23. Breachy animal may be impounded, s Proof animal breachy, s. 25. MARKS AND BRANDS ON CATTLE— Every mark to differ, s. 26. Duty of registrar, s. 27, Application in writing, s. 28. Certificate prima facie evidence, s. 29. Eeiere whom brand must be made, s. Alteration of brands, s. 31. HERDING ANIMALS— Council may pass by-law, 8. 32. By-lew sent clerk of Executive Counc ! s. 83. Copy of Gazette to be evidence, s. 34. Owner of land may distraiu cattle do- ing damage, s. 35. Aphrataere of damage, how appointed, S. 36. When distress may be made, s. 37. Appraisers to be sworn. 8. 38. Certify damages and fees, s. 39. To be put in pound unless damages and fees paid, s. 40. Duty of pound-keeper, s. 41. No owner appearing, surplus paid to treasurer, s. 42. : Treasurer’s fees—surplus to be claimed. in a year, s. 43. : Owner of animal liable to action, s. 44. Liability of persons taking animals distrained, s. 45. egpnell may repeal by-law in force, s. 46. When ceases to be law, 8. 47. Act only to apply to,s. 48. PROTECTION OF NATIVE CATTLE FROM DISEASE— Proceedings on oath of disease, s.'49. Duty of justice, s. 49. Duty of persons in charge of cattle, s. Drovers not to allow others to follow, ete , 8.51. Penalty, s. 51. . Penalty for allowing other stock to re- main, s. 52. “Drovers responsible for damages, s. 53. Penalty, and how recoverable, s. 5: Damages in addition to penalty, s. 54. PROTECTION OF SHEEP— tee worrying sheep may be killed, x. Justice may summon owner of dog which has worried sheep, s. 56. Justice may order such dog to be kill- ed—penalty, s. 57. Scienter need not be proved, s. 58. Pleadings, s. 59. MISCHIEVOUs DOGS— Dogs may be killed, when, s. 60. Meaning of the word “dog,’’s. 61. PROTECTION OF GAME— _ Animals that may not between Ist March and Ist Oct., s. 62. Birds not be shot ortaken between 15th May and Ist August, s. 63. ~ |. Birds not be shot or taken between Ist February and 15th August, s. 64. Birds not be shot or taken between lith May and 15th August, s. 65. None of foregoing animals to be taken hy a rope, snare, etc., §. 66. Eggs not be destroyed, s. 67. Animals not to be taken between 15th April and lst November, s. 68. Animals not to be hunted between Ist May and Ist October, s. 69 No person shall use strychnine, s. 70. Lt.-Governor may appoint guardian and guardian may seize animals and birds, s. 71. Proviso, 8. 72. No one shall have game in his posses- sion during prohibited season, s. 73. Guardian may bag, box, etc., s. 74. Penalty for offence against Act, s. 75. Poudre eener to retain fees and costs, s. ’ How proceedings may be taken, s. 76. Appeal, s. 77. 374 . Chap. 18. RESPECTING ANIMALS. Limit of time for prosecution, s. 78. DESTRUCTIVE ANIMALS, WOLVES— Attorney-General may grant licence,| Producing head of a wolf, s. 83. s. 79. Bounty, 8. 83. Privilege of travellers, s. 80. Registrar to cut off ears and treasurer Act not to apply to Indians, s. 81. to pay bounty, s. 84, Lieutenant-Governor ae grant char- # ter of incorporation, s. 82. WHEREAS the catching of animals at large and using them without the owner's consent is pernicious, and a subject of most general complaint ; therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : Penalty for I. It shall be unlawful for any person,not legally empowered etaining any . animal with: tO catch and use, or detain, or cause to be caught and used, Canaraer’s or detained, or to permit to be caught and used, or detained, on his premises or elsewhere, any animal being the property of another person, without the owner's permission for so doing ; and any person so offending, on conviction before a justice of the peace for the Province of Manitoba, or for the county or district where such offence was committed, shall be fined a sum of not less than ten nor more than two hundred dollars, toge- ther with the costs of the prosecution (if so ordered); and in default of payment shall be imprisoned for a term not less than one month nor more than six months in the common gaol of the Province, or of the county or district in which such offence was committed, unless the fine (and costs if erdered) be sooner paid. 43 V.c¢. 29,8. 1. Exception. II. If any person charged with the offence mentioned in the first clause of this Act shall prove to the satisfaction of the Justice of the peace before whom he is arraigned, that in catch- ing, or using, or causing to be caught or used, an animal, the property of another person, he did so for the instant purpose of saving human life, such justice of the peace may dismiss the charge without inflicting any fine or imprisonment, and with or without cost. 43 V.c¢. 29,8. 2. arene "IL. No person catching or detaining, or causing to be caught shall not ex- or detained, any animal that has been advertised by the owner, using animal. OF by any person on his behalf, as lost or strayed, shall be liable to a fine or imprisonment under this Act, unless he shall estab- lish to the satisfaction of the court in which the charge is made, that he took immediate and proper measures to inform the owner of the animal, or his agent, of its having been caught ; but such advertisement or notification shall not excuse his using such animal or permitting it to be used for other than the owner's purposes. 43 V. ¢. 29, s. 3. nai way IV. Nothing in this Act shall be construed to prohibit any person catching any runaway animal for the purpose of imme- diately returning it to the owner, or placing it in a position of safety. 43 V.c, 29, 5, 4 RESAECTING ANIMALS. Chap. 18. 375 V. The payment of a fine, or the imprisonment in default of ee payment for any offence under the sections of this Act, shall damages. not prevent the owner of any animal from suing before any court of competent jurisdiction for damages for the loss, injury or detention of such animal, 43 V.c. 29,8. 5. VI. When any fine, imposed under this Act, shall have been How #09... paid, one moiety of such sum shall go to the owner of the ani- propriated. mal on account of which the penalty has been imposed, and the other to the consolidated revenue tund of the Province, for the public use of the Province. 43 V. ¢ 29, s. 6. VII. No person shall, when bringing in his own horse or Person pemge horses from the prairie, take or drive away horses of other par- from the ties, grazing with his own, a further distance than six miles; and in every such case he shall return the horses to the pasture ground from which he took them; and the owner of any horse or horses shall be responsible for his servants’ acts in this re- spect. 43 V.c. 29,8. 7. VIII. All persons who shall offend against the provisions of Penany sor 4. the preceding section, shall be liable to a fine not exceeding ne eee twenty dollars, recoverable before a justice of the peace for the preceding Province or for the county where such offence was committed ; S°¢#o™ and if the fine and costs are not paid forthwith, he shall be sentenced to a term not exceeding thirty days’ imprisonment, unless the fine and costs be sooner paid. 43 V.c. 29,8. 8. DOMESTIC ANIMALS. 5 Certain antinals at large at certuim seasons. TX. It shall not be lawful for any person or persons owning Rams not, ayram or rams, to allow them, or any of them, to run at large large during from the first day of August to the first day of November in cain sea- each year; nor shall it be lawful for any person owning a bull or bulls ove: nine months old to allow them or any of them to run at large between the first day of March and the. first day of December, under a penalty not exceeding ten dollars; nor shall it be lawful for the owner of any pig or pigs to allow them at any time to run at large, under a penalty of five dol- lars. 34 V.c. 23,5.1; 36 V. c. 30,8. 2: 36 V.c 30,5. 3. X. Any person or persons may capture any ram or other Proceedings animal found running at large within the time aforesaid, pro- fo hibited from running at large, and shall be entitled to recover the sum of two dollars from the owner of any such prohibited animal, on laying a complaint before a justice of the peace for the county, and shall be entitled, over and above the said sum, to a further sum of twelve cents for each and every day during which he has the animal confined. 34 V. ¢ 23,5, 2. XI. If the capturer of any such animal so captured knows 7 poced dines the owner thereof, he shall immediately notify him of the cap- ene 376 =‘ Chap. 18. RESPECTING ANIMALS. ‘ture, and if not, he shall publish it in one of the local news- papers, or post a notice at the church door, or on the door of the school-house nearest the place of capture; and the owner of such animal or animals shall not be entitled to claim his property until he shall have paid all expenses as herein pro- vided. 34 V.c. 23,5. 3. Soa XI. It shall not be lawful to permit any stallion of one year may becap- old or upwards to run at large; and any stallion found run- impounded. ning at large, may be captured and delivered to the keeper of the pound of the parish or township in which such capture shall have been made; and the keeper of the pound shall give notice in the manner aforesaid in the English and French lan- guages, by advertisement, by posting notices in the manner aforesaid or by publishing a notice in the nearest newspaper, of such animal being in his charge; and the owner of such animal shall be liable to a fine not exceeding ten dollars, one half of which sum shall be paid to the keeper of the pound in trust for the person from whom he received the stallion cap- tured, and the other half of such fine shall be paid to the treas- urer of the Province, or if ina municipality, to the treasurer of the municipality ; and the owner shall pay the cost of advertise- ment, and twenty-five cents per diem for the keeping of the onimal while the same is in the pound, before any such stallion shall be delivered over to any such owner ; and if such stallion is not reclaimed and redeemed within one month after such notice has been given, the pound-keeper may sell him at public auction for the best price that can be obtained for the same, and after deducting from the sum realized by such sale the lawful charges, pay over the residue thereof to the Provincial treasurer, who shall hold the same in trust for the owner of the said animal for one year, and if not claimed within that time, the same shall form part of the consolidated revenue fund of this Province ; and all claims thereon shall be barred. 34 V. c. 23,8. 4; 36 V.c. 30,8. 1. Stray annals. Appointment . XIII. There shall be appointed in each parish, township or keepers. electoral division, one or more pound-kéepers, by the Lieutenant Governor in council, the municipality, or otherwise, who shall take charge of all animals taken up for trespass or as estrays, and who shall be responsible for their custody, and shall collect all damages and charges for keep and other incidental expenses, before delivering up the animal to the owner. 34 V. c, 30,5. 1; 38 V.c. 32,5. 1. me ee XIV. It shall be the duty of the, pound-keeper immediately to inform the owner cf any animal impounded of the fact, or, if the owner be not known, to advertise in English and French in a local newspaper three times, or otherwise give notice as mentioned in the eleventh section of this Act, and in such no- _ tice giving as near as possible all the marks, natural and arti- ficial, color and probable age of the animal; and if, after the RESPECTING ANIMALS. Chap. 18. 377 expiration of six days, as regards horned cattle, horses and mules, and, in the case of pigs, sheep and goats, ten days from the date of the last advertisement, no owner be found, the pound-keeper shall advertise the sale of the said animal by publie auction, by posting notices in three of the most public places in the parish, township or other locality, giving at least six days’ notice of the sale, and sell accordingly for the best price that can be obtained for the same. 34 V.¢. 30,8 2; 35 V.c. 21, 8.2; 38 V.c. 32,5. 2. XV. If the sale of the said animal produces more money Disposal on than is necessary to defray all legal charges, the surplus shall be dealt with as provided in the tenth section of this Act, or by-law of a municipality, unless otherwise directed by some municipal statute or other enactment: provided, however, that when a municipality is organized wherein the animal is im- pounded, such surplus shal! be paid to the treasurer of such municipality ; but if the proceeds of the sale be not sufficient to cover all charges, the pound-keeper’s claim for his charges shall first be paid, and shall have precedence of all other claims on the money so realized by the sale as aforesaid; and the pound-keeper may be the auctioneer. 34 V.c. 30,8. 35 40 V. c. 38, s. 4. XVI. No person shall take up any stray animal, unless such Wher 20", person shall be at the time a resident within the parish, town- impounded. ship or electoral division or divisions wherein such stray animal shall be found, and unless such stray animal be found doing damage upon the lands owned or occupied by the finder, nor unless such lands be inclosed by a lawful fence ; and no person shall harbor or keep any animals not belonging to him under . penalty not exceeding twenty dollars. 84 V.c. 30,8. 4; 36 .¢. 82, 8.3. XVII. All charges connected with estrays and the impound- Chatees , ing and sale, and of all other matters incident thereto, shall be fixed by the Lieutenant-Governor in council; and all prosecu- tions under the next preceding four sections may be before a justice of the peace of the county in which the cause of action arises, and may be by such justice of the peace disposed of summarily, who may, in any case, in which the fine and all costs are not paid forthwith, imprison the offender in the com- mon gaol for any period not exceeding thirty days, unless the said fine and costs, with the costs of the warrant of commit- ment and the conveyance to the gaol, be sooner paid. XVIIT. Provided always that no person shall take up any Condition stray animal unless such person shall be at the time a resident sual may within the parish or town8hip or electoral division or divisions °° Pounded wherein such stray animal shall be found, and unless such stray animal shall be found doing damage upon the land owned or occupied by the owner, and inclosed by a lawful fence; and in no case shall it be lawful for any person to bring any stray animal, whether doing damage or not in the manner and under 378 Duty of any person hay- ing stray animals. Penalty. Breachy animals. "Fence to be four feet nin inches high, etc. Chap. 18. RESPECTING ANIMALS. the conditions aforesaid, from one parish or township or elec- toral division or divisions to another, for the purpose of im- pounding therein such stray animal, unless such stray animal found doing damage is known to belong to some individual residing in a parish, township or electoral division or divisions other than that in which the said animal is found. 40 V.c. 38, s. 1. XIX. Provided further that it shall be the duty of any per- son finding any stray animal or animalswhose owner is unknown to him, doing damage or.roaming on his premises so inclosed as aforesaid, on and after the fifteenth day of November until the fifteenth day of April following of each year, either to take such animal or animals to the pound-keeper of his electoral division, or to notify the said pound-keeper of the fact of such animal or animals being there; in which latter case it shall be the duty of such pound-keeper to go after such animal or ani- mals and impound the same; and for taking the said animal or animals, he shall be entitled to the sum of twenty-five cents per mile, on one way only. 40 V. ¢. 38,5. 2. XX. If any such person or pound-keeper neglects to comply with the provisions of the next preceding section, eight days after such animal has appeared on his premises, or that he has been notified of the same, such person or pound-keeper shall be subject to a penalty of five dollars and costs for each animal, to be récovered in the manner mentioned in the seventeenth section of this Act, one half to go to the informer and the other to half the Provincial treasurer, or to the municipality as the case may be. 40 V. c. 38,8. 3. Breachy animals. XXI. Any horse, ox or other animal known and proven to be in the habit of throwing down, breaking through, or leaping over a lawful fence, shall be considered breachy. 39 V. c. 19, s. 1. . XXII. A lawful fence shall be at least four feet nine inches “high, the lower rail not more than twelve inches from the ground and the other rails or other material shall not be more than ten inches apart, except the top rider of worm fences. 39 V.c.19,8.2; 40 Via 39,81. ° Owner ofani- XXIII. The owner or owners of any breachy animal allow- mal subject to - fine of one dollar. May be impounded. ing the same to run at large after due notice in writing being served on him or them, shall be subject to a fine of one dollar for every day such animal is allowed to run at large, and be subject to pay all damage committed by it, and the said animal may also be impounded. 39 V.c. 19,5. 3. XXIV. Any animal proven to be breachy, and the owner thereot not known, running at large, may be impounded and dealt with according to law. 39 V.c. 19,8. 4. RESPECTING ANIMALS. Chap. 18. 379 XXV. The evidence required: to prove an animal breachy Preoranimnat may be an affidavit of any person qualified to take an oath before a justice of the peace or commissioner, setting forth that he knows the animal to be breachy, as well as viva voce evi- dence. 39 V.c¢. 19,5. 5. e Marks and brands on cattle.. XXVI. Any person in this Province who has cattle, horses, OA oe hogs, sheep, or any other domestic animals, may have a special mark for such cattle, consisting of an ear mark or brand,which ear mark and brand being different from the ear mark and brand of his neighbors, may be recorded in the registry office of the county where such cattle, horses, hogs, sheep or any other domestic animal shall be. 40 V. c. 40, s. 1. XXVII. It shall be the duty of the registrars in the respec- Puty of resis- tive counties of this Province to keep a separate book in which | they shall record the marks and brands of each individual who may apply to them for that purpose, for which they shall be entitled to demand and receive the sum of fifty cents ; and the book in which the same are recorded shall be open to the ex- amination of the public at all reasonable office hours, free of charge. 40 V.c. 40, s. 2. XXVIII. Any person applying for the recording of his mark APPic#ion or brand as aforesaid, shall file a declaration in writing under his hand, and acknowledge it before the registrar, the par- ticulars in reference to such mark and brand, stating the time it has been used by him as such, and that, to the best of his knowledge, it is different from the ear mark and brand of his neighbors. 40 V. ¢. 40, s. 3. XXIX. If at any time dispute shall arise about an ear mark Certificate or brand, the production of the certificate in due form of the evidence. registration of such ear mark or brand, shall be prima facie evidence. 40 V.c. 40,5. 4 XXX. Any person purchasing or acquiting horses, cattle, Before whom hogs, sheep, or other domestic animals, when he marks or brands be made. the same with his brand or mark after the acquisition of the same, may do it in the presence of one or more witnesses, who are authorized to certify to the fact of the marking or branding being done, when done, and in what brand or mark the same were previously marked and branded, and in what brand or ° mark they were re-branded or re-marked ; and such certificate shall be prima facie evidence of the facts therein certified to. 40°V 0 40,8, 6, XXXI. Whoever wilfully marks or brands any horse or Alteration of horses, cattle, sheep, hogs or other domestic animal, of any other ; person with his own brand or mark, or wilfully destroys or alters any mark or brand upon any horse, cattle, sheep or hogs, the property of another, shall, on conviction thereof before any 380 Chap. 18. RESPECTING ANIMALS. justice of the peace in the county, forfeit and pay for every such offence a penalty of not less than five dollars and not ex- Sgt fifty dollars over and above all damages and costs, 40 .@. 40, 8. 6. , e Herding animals. Council may XXXII. The council of any municipalit hereinafter named pass PyAWS: 54 their first meeting may i gee jarthe following terms : “Be it enacted that all animals in the municipality shall be and may he distrained for damages committed by them regardless ‘of fences.” 43 V.c. 16,58. 1. ; By-law sent § XXXIII. As soon as the said by-law is passed, a copy there- Executive of shall be certified to by the clerk of the municipality under eouncll his official seal and mailed with $1.00 to the clerk of the Executive Council, who shall forthwith cause the same to be published in one issue of the official Gazette of this Province ; Acttocome immediately after the expiration of one month from such pub- month atter lication, the next following fourteen sections of this Act shall ubiication Of he in force within such municipality, and shall be law therein. 43 V.c. 16,8. 2. Copyof ., XXXIV. The production of a printed copy of the Gazette evidence. containing such by-law shall,in all courts of justice, be sufficient evidence that such law is in force within such municipality, unless a repealing by-law has been passed as hereinafter pro- vided. 43 V.c.16,8.3. — : Ownerofland XXXV. The owner or occupant of lands may distrain all may destrain ‘ . 3 = animals do- animals doing damage upon his or her lands, and when any ing damage. such distress is made, the distrainer shall keep such animals in some secure place other than the public pound until his dam- ages are appraised, 43 V.c. 26,8. 4. Appraisers of XXXVI. Within twenty-four hours after such distress, un- damagted,” less the same is made on Sunday, in which case before the Tuesday morning thereafter, he shall apply to a justice of the peace of the municipality, or the warden thereof, who shall appoint three disinterested inhabitants of such municipality to Fee of. appraise the damages; such appraisers shall receive as com- pensation for their services one dollar for making the appraisal, and five cents per mile as mileage in going to and returning from the place where the damages are done, to be paid in the _ first instance by the distrainer; distance travelled and their fees to be certified to and made part of the returns of said ap- praisers. 43 V.c. 16,8. 4. Whendistress XXXVII. Such distress may be made at any time before may be made. such animals doing damage as aforesaid escape from said lands, or while followed and kept within sight by the party sustain- ing damage, and without regard to the sufficiency of the fence thereon. 43 V.c. 16,8. 5. RESPECTING ANIMALS. ~ Chap. 18. 381 XXXVIII. The appraisers shall, immediately after their ap- Appraisers to pointment, be duly sworn faithfully to perform their duty by any magistrate or warden of the municipality, and repair to the place and view the damages done; and they may take the evidence of any person of the facts and circumstances necessary to enable them to ascertain the extent of such damage; and for this purpose the appraisers, or either of them, are authoriz- ed to administer an oath to every such witness. 43 V. c. 16, 8. 6. XXXIX. The appraisers shall ascertain and certify under Andcertity their hands the amount of such damage, with fees for their ser- damages and vices as aforesaid. 43 V.c. 16,8. 7. XL. Within twenty-four hours, Sunday excepted, after the Animalsto he damages are so appraised, unless the amount so-ascertained and unless dam- the tees of the appraisers, and fifty cents justice’s fees, are paid paid. or tendered to the distrainer, he shall cause the animals dis- trained to be put in the nearest pound m the same municipal- ity, there to remain until the same are sold as hereinafter di- rected, or until the damages so certified and the fees of the appraisers and justices, and costs of keeping such animals, to- gether with the pound-keeper fees are paid; and if such ani- mals are put in any pound, the distrainer shall deliver the cer- tificate of the appraisers to the keeper of such pound. 43 V. ce 16,8. 8. ‘ XLI. The pound-keeper shall receive and keep the animals Pwyotpound so delivered to him in the public pound, and shall within five days sell such animals or so many of them as are necessary at public auction, giving at least six days’ notice of such sale, by posting up the same at such pound, and at three of the most public places in the municipality, when and where such sale is to. be made: provided’ that the pound-keeper shall furnish Proviso. animals with sufficient and appropriate food, and take good care of them, and shall be paid therefor as part of the fees and costs in such cases. 43 V. ¢ 16,5. 9. ALII. From the proceeds of such sale, the pound-keeper Pound-keeper shall retain sufficient to pay the amount of his fees as fixed by proceeds of the by-law of the municipality for impounding animals, and S325 ™¢ the cost of keeping such animals ; and he shall pay to the dis- trainer the damages so certified, with fees of the appraisers, and of the justice ; and if there is any surplus, the same shall be paid to the owner of such animals if known; but if no. owner appears at the time of such sale or within one week Noowner ap- thereafter and claims such surplus, the same shall be paid to plus paid to the treasurer of the municipality in which such sale is made, “°**""°" 43 V. c. 16,5. 10. _ XLIIL The treasurer of the municipality shall, after deduct- a eur eita ing two per cent. for his fees, pay. such surplus money if claim- money to be ed within one year after the distress to the owner of such ani- iamegeat. mals ; if not claimed within that time, to the general fund of 382 Chap. 18. RESPECTING ANIMALS, the ay in which the animals were destrained. 43 V. ce. 16,8. 11. , Owner ofani- XLIV. In case the owner or occupant of lands shall not dis- iable to ‘ : : . an action. train the animals doing damage as provided herein, the owner of such animals, shall be liable in an action at law for all dam- ages done by such animals without regard to the sufficiency of the fences on the lands on which damage is done, to be recov- ered in any court of competent jurisdiction. 43 V.c. 16, s. 12. Persons tak- XLV. If any person, without the authority of law, and with- distrained ~— out first paying the damages and costs, takes such animals, "after being distrained, out of the possession of the person mak- ing distress or out of the possession of the pound-keeper, as the case may be, without his consent, then such person shall be pecs liable to be punished therefor, by fine not exceeding one hun- imprison- dred dollars or by imprisonment not exceeding three months, AED Ehs and shall also be liable in double the amount of damages com- mitted by such animals to the person injured thereby, to be enforced and collected in a summary way before two justices of the peace and the warden of the municipality. 43 V. ¢. 16, s. 13. Council} may XLVI. The council of any municipality at their first meet- laws in force. ing may pass a by-law repealing any by-law then in force in the municipality as provided by the thirty-second seetion of this Act, which repealing by-law may be in the following terms: “ Be it enacted that animals in this municipality shall ‘ not be liable to distress where the property damaged is not Bylaw tobe fenced ;” and a copy of such by-law shall be certified and pub- published. z : i lished as provided in the thirty-third section of this Act. 43 V.c. 16,5. 14 ee XLVI. Immediately upon the expiration of one month after law. the said publication of the last mentioned by-law, the sections in this Act from 32 to 47 both inclusive shall cease to be law in or have any force or effect in the said. municipality ; but nothing herein contained shall be deemed to supersede or abridge the powers given to municipalities to regulate animals running at large, except that, in municipalities where the by- law in thirty-second section of this Act is in force, no by-laws 2 shall be passed inconsistent therewith. 43 V. ec. 16, s. 15. peroneal XLVITI. Until otherwise provided, the provisions of this pply to. Act from sections 52 to 47, both inclusive, shall only apply to the municipalities of Louise, South Dufferin, North Dufferin, Rhineland, Morris and Emerson. 43 V. ¢c. 16, 5. 16. Protection of native cattle from disease. Mach owner, XLIX. In all and every case where an owner of cattle or affidavit upon sheep in this Province gives his affidavit upon oath, before a ee justice of the peace or a police magistrate, that, amongst droves of cattle or sheep brought within the year in which the affida- i RETPECTING ANIMALS. Chap. 18. vit is given, from any part of the United States of America, within and to be disposed of in this Province, there is one or more cattle or sheep spreading disease among the native cattle of this Province, or is attacked by some contagious disease, and the name of the owner or the party in whose possession they may be, it shall be the duty of the justice of the peace or D 383 uty of jus- ce or police police magistrate, on such information, to forthwith issue his magistrate. warrant to the sheriff or deputy-sheriff of the county where such cattle or sheep are, commanding him to seize and im- pound without delay such drove of cattle or sheep spreading disease or affected by disease, in some safe place, and to sum- mon the owner thereof, or the person found in the possession of the said drove of cattle or sheep, to appear forthwith before such justice of the peace or police magistrate, and show cause why such drove of cattle or sheep should not be impounded until the contagious disease has disappeared ; and after allow- ing the complainant and any such defendant in such warrant with their witnesses, reasonable time to be heard, the said jus- tice of the peace or police magistrate shall proceed to hear and determine whether such cattle or sheep are suffering from a contagious disease ; and if, on the proof made and the explan- ations given, such justice of the peace or police magistrate ig Magistrate. satisfied that such contagious disease exists in the drove, and that there is danger that such disease will be spread to the cattle or sheep in the Province, it shall be the duty of such justice of the peace or police magistrate to order the owner or person in charge of such cattle or sheep to impound or herd them in some safe place, and keep them isolated until after some veterinary surgeon, after inspection, gives his certificate that such disease has been removed, and that there is no dan- ger of said disease spreading to the cattle or sheep in the Pro- vince. 41 V.c. 29,8. 1. L. Upon the production of such certificate to the person in Duty‘of per- charge of such cattle or sheep (which certificate the officer hav- ing the execution of the same shall keep on record in his office), it shall be the duty of such officer to present to the owner or person in charge of such cattle a true statement of the costs of keeping, herding and impounding such . cattle or sheep, and the visit and certificate of the veterinary surgeon, and demand payment of the same, together with the costs of the trial aforesaid ; and upon payment of the same the said officer shall turn over such.cattle or sheep to the owner there- of, or in his absence, to his authorized agent; but, in case such owner or his agent shall refuse or neglect to pay such expen- ses and costs, it shall be the duty of such officer to advertise, by posting written or printed notices in four of the most pub- lic places in the neighborhood, and within ten days thereafter to sell at public auctioa to the highest bidder such cattle or sheep, or so many of them as may be necessary to defray all’ the expenses connected with their detention and liberation, and pay any remaining balance to the owner of such cattle or sheep or his agent. 41 V.c¢. 29,5, 2. son in charge of such cattle, 384 Chap. 18. RESPECTING ANIMALS, Drovers and traders. Drovers shall LI. No person being engaged in driving horses, cattle or other stock to Sheep through any part of this Province shall drive off, or Cane, shall knowingly or willingly suffer or permit to be driven off exceedingtwo from the premises of any resident of said Province, or from the : range in which the stock of any such resident usually run, to any distance exceeding two miles from such premises or range, any horse, cattle or sheep or pigs belonging to such resident; and the drover shall, within two miles, or at the nearest hab- itation, if there is any found within the said two miles, separ- Penalty. ate said cattle and other stock from his drove; and any person offending herein shall, on conviction thereof before any justice of the peace, be liable to a fine of not less than ten dollars and costs in each case, for each animal so driven off; and in default of immediate payment shall be imprisoned in the common jail for any time not less than thirty days, unless the fine and all costs, including the costs of the warrant of commitment and the conveyance to gaol, be sooner paid. 41 V.c. 30, s. 1. Eenelly for Lit. Whenever any drover or trader or other person engaged other stock toin driving or herding any horses, cattle or sheep in any part remain long- of this Province, shall permit any of the stock -aforesaid to re- night and one main with his drove or herd for a longer period than one day ve and night, at any one time, he shall be subject to the same penalties which are imposed in the next preceding section. 41 V.c. 30, s. 2. Drovers re- LIIL. Every drover or trader shall be responsible for all sponsible for : : ‘ amages; how damages caused by his drove or herd on their way; and he recoverable. Ja] not allow the same to run at large or to herd upon private lands, without the consent of the owner or person having the control of such lands; and any person allowing his drove or herd so to run at large or to herd upon private lands without such consent, shall, on conviction before any justice of the peace, be liable to a fine not less than one dollar and costs in each case, and for such additional damages as may be assessed by three arbitrators, two of whom are to be chosen by the interested parties, each choosing one an’ the two arbitrators choosing a third, the award of the majority to be final, and in default of immediate payment of the arnount awarded he shall be liable to be imprisoned in the common gaol for any period not exceeding thirty days, unless the fine, award and all costs, including the costs of the writ of commitment and the costs ot conveyance to the gaol, be sooner paid. 41 V.c. 30, 8. 3; 43 V.e 17,8. 1. 5 Damagesin LIV. Nothing herein contained shall bar any party or acuaity, © parties from recovering damages from the party or parties men- tioned in the three preceding sections, over and above the said penalties and award, in any court of competent jurisdiction, for any of the matters aforesaid. 41 V.c. 30, 5.14. RESPECTING ANIMALS. Chap. 18. 385 Protection of sheep. LY. It shall be lawful for any person to kill any dog in the irép ate act of pursuing and worrying or destroying sheep, elsewhere killed. than on the enclosed land belonging to the owner of such dog. 36 V.c¢. 28, 8. 1. LVI. On complaints made in writing on oath before any Justice may justice of the peace for the Province, or for any county, or be- owner of dog fore any stipendiary magistrate, that any person owns or has ried sheep. in his possession a dog which has, within six months previous, worrled and injured or destroyed any sheep, such justice of the peace may issue his summons directed to such person, stating shortly the matter of such complaint, and requiring such person to appear before him at a certain time and place therein stated, to answer to such complaint and to be further dealt with according tolaw. 36 V.c. 28,5. 2. LVI. In case any person is convicted on the oath of a aes credible witness of owning or having in his possession a dog dog to be which has worried and injured or destroyed any sheep, the ; justice of the peace or stipendiary magistrate may make an order for the killing of such dog (déseribing the same accord- ing to the tenor of the description given in the complaint and in the evidence) within three days, and in default thereof may, °°" in his disc-etion, impose a fine upon such person not exceeding twenty dollars with costs; and in default of immediate pay- ment may imprison the offender in the common gaol for a period not exceeding thirty days, unless the said fine and all costs, with the costs of the warrant of commitment and con- veyance to gaol, be sooner paid; and the said conviction shall be no bar to an action for damaes by reason of the premises. 36 V.c. 28, 5.3 and 4 ‘ LVIL. It shall not be necessary for the plaintiff, i ay action for damages for injury done by a dog to sheep, to er’s know- prove that the defendant was aware of the propensity of the pomvily or coy dog to pursue or injure sheep; nor shall the hability of the ' Ei! sheer. owner or possessor, as aforesaid, of any dog; in damages for any injury done by such dog to any sheep, depend upon his pre- vious knowledge of the propensity of such dog to injure sheep. 36 V.c. 28,5. 5. LIX. The defendant in any action for damages for killing a Pleadings. dog under the circumstances and facts mentioned in section 55 of this Act, may plead the general issue and give this Act and the special matter in evidence thereunder. 36 V.c. 28, s. 6. Mischievous dogs, LX. In all cases wherein it shall be proved before a justice Dog may be of the peace, by one or more witiesses worthy of credit, that ; any dog concerning which complaint has been made, is mis- be 25 386 Chap. 18. RESPECTING ANIMALS. chievous, both with regard to travellers and ridden or harness- ed horses or oxen, and is in the habit of pursuing them, and of startling or biting them, or chasing and annoying any sheep elsewhere than on the land belonging to the owner or owners of such dog or dogs, then and in every such case, such justice of the peace may order the owner or keeper of such dog to kill it or cause it to be killed, besides~paying all costs of com- plaint, under a penalty not exceeding two dollars for every day such dog shall be allowed to live after the said order, said penalty and costs to be enforced as provided.in sections 53 and 57 of this Act. 40 V.c. 36,8. 1. \ “Meaning Os LXI. The word dog in this Act shall mean an animal of the canine species. 40 V.c. 86,5. 2. WILD ANIMALS. Protection of gume. pest et LXII. No elk, moose, cariboo, deer, or their fawn, or hare arch to Ist of October. shall be hunted, taken or killed between the first day of March: and the first day of October in any year.. 42 V.c. 10, s. 2. 1th May and LXIII. No woodcock, plover or snipe shall be shot at, hunt- ber. ed, taken or killed between the fifteenth day of May and the first day of August in any year. 42 V. c. 10,5. 2. Firat Februa- T,XTV. No grouse, partridge or prairie chicken, shall be shot Rugust. at, hunted, taken or killed between the first day of February in any year and the fifteenth day of August in the following. 42 V.c. 10,8. 4. 1th May aod LXV. No person shall fire at, hunt, take, kill or destroy any wild swan, wild goose or any kind of wild duck, sea duck, widgeon or teal, between the fifteenth day of the month of May and the fifteenth day of the month of Augustin any. year. 42 V.c. 10, 8. 5. Nognimaye LXVI. No animal or bird named in the foregoing sections Killed by net except hares, shall be taken or killed at any time by means of kind. any rope, snare, spring, cage, net or trap of any kind; and no engine shall be, at any time for such purpose, placed, construct- ina on ind ed, erected or set, either wholly or in part; and any person oes finding any engine so placed, constructed, erected or set, may same without take possession of or destroy the same without such person eros thereby incurring any liability therefor. 42 V. c. 10,s. 6. rc Aa LXVII. No person shall at any time disturb, injure, gather disturbed. or take the eggs of any species of wild fowl mentioned in the preceding section, and all vessels or boats employed in disturb- ing, gathering or taking the eggs of any species of said wild fowl, sa as well as the egos, be confiscated and sold. 42 V c. 10, 8. 7. RESPECTING ANIMALS. Chap. 18. 387 LXVIII. No mink, martin, or pekan shall be hunted, trap- 5th Apuy ped or killed between the fifteenth day of April and the first vember. ' day of November in any year. 42 V.c. 10,5. 8. LXIX. No person shall hunt, trap or kill: (1.) Any otter between the first of May and the first ofist Mayand October in each year ; (2.) Any beaver between the first day of May and the first of October in each year ; (3.) Any muskrat between the fifteenth of May and the 1thMay ana first of November in each year. 42 V. c. 10,8. 9. ber. LXX. No person shall at any time use or employ strychnine 30 °750" or other deleterious poison, either mineral or vegetable, nor strychnine. any spring gun, to hunt, take, kill or destroy any animal whatever. 42 V.c. 10, s. 10. LXXI. The Lieutenant-Governor, or such person as may be PtGovemot deputed by him for the purpose, may appoint guardians hav- guardian. ing the power of constables, to enforce the provisions of this : Act,and every such guardian so appointed shall forthwith oe seize all animals or birds mentioned in. the preceding sections, animals and or any portion of such animals or birds found by him in the possession or custody of any person during any forbidden peri- od, and which appear to him to have been taken or killed dur- ing such period, or by any of the illegal means set forth in sections 67 and 70 of this Act; and he shall bring them before any justice of the peace, who shall declare them confiscated either in whole or in part. 42 V.c. 10,8. 11. LXXII. All animals or birds, or portion of animals or birds so confiscated shall belong to the guardian: provided always Proviso:. that the above section shall not operate whenever it- shall be established to the satisfaction of the guardian that any animal, bird, or portion of animals or birds so found in the possession of any person, has been killed in the open season or sent from any place outside of the Province. 42 V. c, 10,8. 11. _ UXXIIT. No person, except as hereinbefore mentioned, shall No persou have in his possession, custody or care, any animal‘or bird al- mie sola ready mentioned, or any part of such animal or bird, with the ‘e™ exception of the skin, during the period in which by the Act the killing thereof is prohibited, or which appears to have been taken or killed by any of the means forbidden by this Act; but every such animal or bird, or any portion or portions thereof, ay be bought or sold (when lawfully taken.) 42 V.c. 10, s. LXXIV. Every such guardian di : ma , Guardian 'y g y cause to be opened, or Tae ORR may himself open'in case of refusal, any bag, parcel, chest, box, bag, box, ete. trunk or other receptacle, in which he has reason. to believe 388 Penalty for offences. How impo- sed. Imprison- ment in default. May convict on View. How suits may be brought. / Appeal. Prosecution. Attorney- General may Chap. 18. RESPECTING ANIMALS. that game killed or taken during the close season, or peltries out of season, are hidden. 42 V.c. 10,8. 13. LXXV. Every offence-against any of the provisions of this Act shall be punishable by a fine not exceeding fifty dollars and not less than five, and recoverable summarily on informa- tion or on summons only, issued by a justice of the peace or stipendiary magistrate; and such justice of the peace or sti- pendiary magistrate, on the proof which shall be thereof made, may impose the penalty with costs, and such penalty shall be- long to the informer: and in default of immediate . payment, the offender shall be imprisoned. in the common gaol of the district within the limits of which the offence was committed for any period of time not exceeding three months; but every magistrate shall have power to convict on view. 42 V. c. 10, s. 14.) : LXXVI. Suits brought.in virtue hereof need not be begun by deposition or information on oath of the plaintiff or com- plainant : provided always that the purport of the complaint or demand is sufficiently set forth in the summons or declara- tion annexed thereto; and the evidence of the complainant alone, or of any one witness, shall be sufficient to support a conviction. 42 V.c.10,s. 15. LXXVII. No proceeding shall be quashed, annulled or set aside for informality ; but an appeal may be brought before the court of Queen’s Bench. ‘42 V. c¢. 10, s. 16. LXXVIII. No prosecution shall be brought after six calen- dar months from the day of the committing of the offence charged. +42 V.c. 10,8. 17. LXXIX. The Attorney-General or any person by him there- grant certain unto empowered, may grant written permissions to all ;ersons permission. Privileges of travellers. Act not to apply to Indians. desirous} bona fide, of procuring birds, eggs, or fur-bearing ani- mals, for scientific purposes, during the close season; and the person who shall have obtained such permission shall not be liable to any penalty hereby imposed, provided that he produce, within two months next after the period in which he shall have hunted under such permission, a statement under oath specifying the kind and quantity of game or fur-bearing ani- mals, taken by him for such scientific objects. +42 V. c.10,s. 18. LXXX. Notwithstanding anything herein contained, it shall be lawful for any traveller, family or other person in a state of actual want, to kill any bird or animal herein mentioned, and to take any egg or eggs hereinbefore referred to, for the pur- pose of satisfying his immediate want, but not otherwise. 42 V. ec. 10, 8.19. LXNAT. The provisions in respect of game shall not apply to Indians within the limits of their reserves with regard to any game actually killed at any period of the year for their PREVENTION OF FIRES. Chap. 19. 389 own use only, and not for purposes of sale or traffic. 42 V.c. 10, s. 20. ; LXXXII. The Lieutonant-Governor in council may grant ey ent charters of incorpoyation to associations formed for the purpose Perees of carrying out the provisions of this Att, in respect of game and its protection. 42 V.c. 10,8. 22. Destruction of wolves, ‘ LXXXIII. If any person produces the head of a wolf, with Producing || the ears on, before the registrar of deeds, or his deputy, of the county within which he resides, and makes oath or affirmation, Makes oath. as the case may be, or otherwise proves to the satisfaction of the said registrar, or deputy, that the wolf was killed within a six miles of the parish or township wherein such person resides, Within six he shall be entitled to receive from the Provincial treasurer the sum of ove dollar for a large wolf, and the sum of fifty cents Bounty. \ for a small one, as a bounty for the same. 41 V.c. 34,8. 1. ’ LXXXIV. In case the registrar or deputy be satisfied of the eae fact that the wolf was killed as in the next preceding section ¢"s mentioned, he shall first cut off the ears thereof; and then give the person a certificate of the fact of the wolf having been killed, as in the last section mentioned, and of the fact being proven to his satisfaction ; and such certificate shall authorize the person holding the same to demand and receive from the Provincial treasurer the said sum as a bounty for the same. 41 V. c. 34, 8. 2. CHAPTER NIX. t An Act respecting prevention of fires. Hay STacks— Penalty, fine; in default of payment, Hay stacks, how to be protected from imprisonment, s. 7. fire, s. 1. When woods or prairie on fire, duty of Persons refusing or neglecting, s. 2. overseer of highways, s. 8. KINDLING FIRES— Penalty in case of neglect, s. 9. Persons kindling fires, ». 3. Injured party not barred by fine, s. Penalty. 8. 4. 10, Intormer to receive half of fine, s. 5. Synopsis of Act. to be distributed and Exception as to penalties, s. 6. posted up, s. 11 Persons liable who shall set fire to, Prosecutions may be summary, s. 12. standing or fallen timber, s. 7. i How Act may be cited, s. 13. Her Masesry, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : HAY STACKS, : : Hay stacks, I. Any person or persons making hay stacks in the open how to be plains, shall protect such hay stacks, at a distance of at least Pome 390 ‘Chap. 19. PREVENTION OF FIRES. twent¥ yards, by a ploughed or burned ring of not less than eight feet wide; and, to prevent all accidents, when a fire shall be lighted for the purpose of burning the rings round hay stacks as aforesaid, it shall be done in the presence and with the assistance of at leagt three men. 41 V. c, 28, 8. 1. ‘Persons I. Any person refusing or neglecting to protect his hay refusing or ‘ . . : neglecting. stacks as aforesaid, or who lights fires for burning the rings round hay stacks, without the help and assistance of at least three men as aforesaid, shall be held to have incurred the pen- alty hereinafter mentioned for lighting and letting run a prairie fire. 41 V.c. 28,8. 2. ‘ OTHER FIRES. - fgene ® IIL Any person who shall kindle a fire and let it run at large, In any wood, prairie, or other open ground, not his own property, or wilfully or negligently permits any fire to pass from his own woods, prairies or grounds, to the injury of the property of any other person, shail on conviction thereof be fined in a sum not exceeding two hundred dollars, and in de- fault of payment thereof, shall be imprisoned for any term not exceeding twelve months. 41 V.¢ 28,8. 3. pera IV. Any person who shall kindle and leave a fire burning without taking effectual means to prevent its spreading in or on any woods, prairies, or other open grounds, not his own pro- perty, or’ wilfully or negligently permits any such tire to pass from his own woods, prairie or grounds, to the injury of the property of any other person, shall, on conviction thereof, be fined in a sum not exceeding one hundred dollars, and in de- fault of payment thereof, shall be imprisoned for a term not exceeding six months. 41 V.c. 28,5. 4 Informer to -V. In any prosecution under the provisions of this Act’ half of fine. whereby the conviction of the offender is secured, the informer shall be entitled to receive one half the amount of fine imposed, and the other half shall be paid to the Provincial treasurer, or to the municipality in which the cause of action arose. Exception. VI. None of the penalties imposed by this Act shall apply to any person who, through necessity to save himself and his property from a running fire in open prairie, shall be compelled to kindle a fire and let itrun. 41 V.c. 28,5. 5. Person liable VII. Any person who, by himself, his servants or agents, or for servants : F ‘ > or agents who any one acting by or under his authority, shall, after cutting ghali set fre down the trees on any lands, road allowances, or railway or OE ee tim- telegraph line or route, or the lands attached thereto, in this ; Province, or other lands whatsoever, in the process of clearing the same of timber for any purpose whatsoever, shall burn or set fire to the same for the purpose of disposing thereof or making away therewith, or, after cutting down any such trees, shall gather the same into log heaps for burning, and set fire PREVENTION OF FIRES. Chap. 19. 391 thereto, or shall set fire to any such trees while lying on the ground after cutting or felling the same, or shall for any pur- pose whatever set fire to any such trees while standing in the soil, in such manner and under such circumstances and condi- tions as shall render it dangerous or probable that the said fire will spread, and cause the destruction of wood, timber or pro- perty, shall, on conviction of any of the foregoing offences, be fined in a sum not exceeding two hundred dollars for each such ee Poe offence, and in default of immediate payment thereof, shall be a imprisoned in the common gaol for a term not exceeding twelve , months, unless the said fine and all costs with the costs of conveyance to gaol, shall be sooner paid. 38 V.c. 26,s. 1. VIL. Whenever the woods or prairies in any township or When moods | parish shall be on fire, it shall be the duty of the nearest over- fre, duty of, seers of highways in the road district, or any justice of the highways. peace in the neighborhood, or any reeve or councillor, where municipalities are in existence, to order such and so many of, the inhabitants of such township or parish liable to work on highways, and residing in the vicinity of the place where such fire shall be, as they shall deem necessary, to repair to the place where such fire shall prevail, and there to assist in extinguish- ing the same or in stopping its progress; and the services per- formed on such occasions shall be accounted for a day of statute labor, under the statute or municipal by-law, for each day of service. 41 V.c. 28, s. 7. IX. If the overseer of highways, justice of the peace, reeve Penalty in or councillor, refuses or neglects to make the order, or if the ace inhabitants commanded, or any of them, refuse or neglect to comply with such order, any party in default shall forfeit a penalty of not less than ten nor more than fifty dollars. 41 V. e. 28, 8. 8. X. Nothing in this Act shall bar any party or parties from Injured party recovering damages by action before any court of competent fine. ern jurisdiction. 41 V.c. 28,8. 9. XI. It shall be the duty of the ministér of agriculture to Synopsis of have a synopsis of all the provisions of this Act printed in the ditipgied °° English, French and German languages for annual distribution ao to the overseers of the highways and public roads of the Pro- vince, whose duty, respectively, it shall be to post up such printed synopsis in various parts of their respective districts, 41 V.c. 28, s. 10. XII. Prosecutions for penalties under this Act shall be sum- Presents mary, before any justice of the peace of the locality or for the mary.) Province or any police magistrate, 5 a This Act may be cited as “The prevention of fire et, 392 Chap. 20. CANADA THISTLE, CHAPTER XxX. * An Act to enforce the destruction of the Canada Thistle. > CANADA THISTLE— When growing on roads or unoccupied Proprietors of land to destroy thistles, land, s. 3. - 6. 1. 5 Penalties recoverable, s. 4. Penalty for neglect, s. 2. Exceptions to liability, s. 4. et Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba enacts as follows: epretersof J. Every proprietor or occupier of land within this Province troy thistles. shall be bound to cyt down, or otherwise destroy, all plants or weeds, commonly called “Canada thistles,” growing in open or cleared land, before the same shall have matured or come to seed. 34 V.c. 24,5. 1. “Penalty for emcee. IT. Every owner or occupier of land in this Province who shall neglect to cut down.or otherwise destroy, go as to pre- vent dissemination thereof, any Canada thistles being upon open or cleared lands owned or occupied by him, whether on the cultivated or uncultivated portion of such lands, shall in- / cur a penalty not exceeding twenty dollars. 34 V.c. 24, s. 2. q h : i ; ‘ ingonfoads. ILI. All Canada thistles, or other noxious weeds, growing on prunoccupied unoccupied land, or upon any road running through such land, shall be cut down, or caused to be cut down, or otherwise des- troyed, by the inspector of highways or road-master or other person or persons, as the Lieutenant-Governor in Council may from time to time appoint. 34 V. ¢. 24, s. 3. ‘Penalties recoyerable, LY. Ail penalties imposed under this Act shall be recover- able before a justice of the peace on the evidence of one credi- ble witness other than the'complainant (provided such witness . be a farmer in the possession of a farm), and shall be applied to the public uses of this Province, or in case the cause of action arise in a municipality, for the public uses of the muni+ cipality ; and every convicted offender shall be subject, in the event of the fine and costs not being forthwith paid, to im- _prisonment for a period not exceeding twenty days, unless the fine and costs with costs of conveyance to gaol be sooner paid; but when a person shall prove by the evidence of two credible witnesses, being farmers, to the satisfaction of any justice of the peace, before whom he may be cited to appear, that he has done all that could reasonably be expected of him to do to destroy the Canada thistle or any other noxious weed growing on. his land, it shall be left to the discretion of the said justice of the peace to free such person from all the pains and penal- ties of this Act. 34 V. ¢. 24,5. 4. i POLLUTING STREAMS. Chap. 21. 393 CHAPTER XXI. An Act to prevent the pollution of Rivers and Streams. Not Jawfal to deposit manure on| Prosecutions, before whom tried, 8. 4. banks of streams, s. 1. Arrest of offenders without warrant, Throwing refuse into rivers, s. 2. 8. 5. Interpretation of the word “bank,”| Evidence required, 8. 6. 8.3. How Act may be cited, s. 7. Her Masesty, by and with the advice ard consent of the Legislative Assembly of Manitoba, enacts as follows : rE oy posi Prohibiting I. Any person who shall deposit, or cause to bé deposited, Fre pron ee any stable or barn manure, or any night soil,or any other manure on filthy or impure matter of any kind, along the bank of any faa river or running stream within this Province, shall, for every such offence, on conviction, incur a penalty not exceeding twenty-five dollars, above costs, for each and every such of- fence, and in default of payment forthwith shall be imprisoned in the common gaol for a term not exceeding two months, un- less the said penalty and costs, with the costs of conveyance to gaol be sooner paid. 34 V. ¢. 28,s. 1. II. Any person who shall cast or throw into the waters, or (2towing, in the bed of any river, or running stream within this Pro-river—penal- vince, any stable or barn manure, or any night soil, or the car- case of any dead animal, o1 any filthy or impure matter or sub- stance of any kind whatever, shall, on conviction for any such offence, incur a penalty not exceeding twenty-five dollars, above costs, and in default of payment forthwith shall be im- prisoned in the common gaol for a term not exceeding two months, unless the said penalty and costs, with the costs of conveyance to gaol, be sooner paid. 34 V.c. 28, s. 2. ‘ IN. The banks of all rivers and running streams within this Interpreta- Province shall, for the purposes of this Act, include all the word bank.” lands within fifty feet of ordinary high-water mark, or at least fifty feet behind any house, barn, or any other building used, situated on either side. 34 V.c. 28,8. 3. IV. All prosecutions for offences under this Act, may le Prosecutions, taken and tried before any justice of the peace within the tried. county where the offence is committed, and may be commenc- ed by summons or warrant, in the discretion of the justice. 34 V. 6. 28, 8. 4. : V. It shall be lawful for any policeman, constable or peace Arrest of officer to arrest without any warrant on view, any person com- Sfensers. mitting any offence under this Act, and every such person 72nt. shall be taken before the nearest police magisirate, or before 894 Chap. 22. THRESHING MACHINES. any justice of the peace, and may be immediately proceeded against, without any other formality. 34 V.c. 28.8. 5. evans VI. In all cases under this Act, one credible witness shall _ besufficient, and the magistrate or justice of the peace before whom any case under this Act is heard and determined, may, in his discretion, order one-half of the fine to be handed over to the informer ; and in all cases the party convicted shall pay all costs of arrest and prosecution, in addition to and above the amount of the fine. 384 V.c 28,5. 6. VII. This Act may be cited as “The Act respecting the pollution of streams.” 34 V. c. 28, s. 7. ‘ CHAPTER XXII. An Act respecting Threshing Machines. What required of owners, s. 1. Fines to whom payable, s. 4. Penalty,.s. 2. . Informality, 8. 5. No liability for services rendered, s. 3. Her Maszsty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : . What requir- edefowners. 1. All persons in this Province owning or running any threshing machine, wood sawing, or other machine which is connected to a horse-power by means of a tumbling rod or line of shafting, shall cause each of the knuckles, couplings, or joints, and jacks of such tumbling rod, or line of shafting, to be safely boxed or secured while running with wood, leather or metal covering, in such manner as to prevent injury to per- sons passing over or near such tumbling rod, and the knuckles, couplings and joints thereof; and shall cause all oiling cups attached to arbours or journals to which driving belts are at- tached, to be furnished with tubes of tin or other material, which shall prevent damaye from oiling when the machine is in motion ; and shall further cause a driver’s platform to be placed on any horse power used for driving machinery, of such size as to cover the gearing constituting said horse-power, and in such manner as to prevent accidents arising to any person from contact with said gearing. 40 V. c. 37,5, 1. Penalty. II. Any person or persons owning or running any threshing, wood-sawing or other machine, connected to a horse-power by means of a tumbling rod or line of shafting, who shall neglect or refuse to comply with the provisions of this Act, shall on a summary conviction, on information or complaint before one or more justices of the peace, be liable to a fine of not less than STORAGE OF GUNPOWDER. Chap. 28. 395 one dollar nor more than twenty dollars, over and above the costs of prosecution ; and in default of payment of such fine and costs forthwith, the offender may be imprisoned in the common gaol for a period of not lexs than two, nor more than twenty days, at the discretion of such justice or justices of the peace, unless such fine and all costs, including the costs of con- veyance to gaol, be sooner paid. 40 V. c. 87,8. 2. III. No action shall be maintained nor shall any legal liabi- No Hability lity exist for services rendered by or with any machine, as. : mentioned in the first section of this Act, when it shall be made to appear that the provisions of the first section of this Act have not been complied with. 40 V. c. 37,5. 3. IV. All fines imposed and collected under this Act shall be Fines te. paid, one-half to the complainant or prosecutor, and the other able. ~~ half to the treasurer of the school section in which the offence. was committed, for the use of the public school in such section ; and all proceedings against any person for any violation of the first section of this Act, shall be commenced within thirty days after the commission of the offence. 40 V. c. 37,5. 4. V. No conviction under this Act shall be annulled or vacat- Informality. ed for any defect in the form thereof, or any omission ‘ or informality in any summons or other proceeding under this < so long as no substantial injustice result therefrom. 40 .¢. 87, 8. 5. CHAPTER XXIII. , An Act respecting the storage of gun powder and other explo- sive substances. , Distance of powder magazines, s. 1. Overnor in council to make regula- tions for gunpowder, &c., s. 2. All gunpowder, &c., to be subject to such regulations, s. 3. ~ What shall be deemed a powder mag- azine, 8, 4, License required for, keeping powder magazine, &c.,s. 5. Duration of license, s. 5. Description of powder magazine, s. 6. No license shall be granted for the - storage of gunpowder, &c., unless foe ea is of the required descrip- ion, 8. 7. Responsibility of proprietors and lessees of magazines, 8. 8. License for selling gunpowder, &c., duration of license, s. 9. Penalty for selling without license, s. Asto powder,&c., kept elsewhere than in magazine, s. 10. Regulations may impose peneliess how they may be recovered, s. ll. Act not to apply to Her Majesty, s. 12. Her Magesry, by and with the advice and consent of the ‘Legislative Assembly of Manitoba, enacts as follows : I. No powder magazine shall be kept within the limits of Distances of -the incorporated towns and cities in the Province, nor within magazines. -two miles thereof. 38 V.c. 20,5. 1. ; 395 Chap. 23. STORAGE OF GUNPOWDER. pteGovernor TJ. The Lieutenant-Governor in council shall from time to make, regula time make all necessary regulations, consistent with the provi- powder, sions of this Act, for the receipt, conveyance, storage and deliv- ery of gunpowder, nitro-glycerine, or any other explosive sub- stance used in blasting, in the said towns and cities, and within two miles of the limits thereof. 388 V.c¢ 20,s.2; 41 V. ¢, 37, i s. 1. dere be wy. II. No gunpowder, nitro-glycerine, or other explosive sub- ee Guch stance used in blasting, shall be stored, kept, conveyed, received * or delivered within two miles of the said towns and cities, nor within half a mile from any main road or dwelling house, ex- cept in accordance with the regulations’ made, or to be made, in virtue of the last preceding section, 38 V.c. 20,83; 41 ’ V.c. 37,5. 1. eeaaraben AY, every building used for storage or keeping of any quan- powder tity of gunpowder, nitro-glyccrine, or other explosive substance magazine used for blasting, exceeding one hundred pounds in weight, shall be deemed a powder magazine within the meaning of this Act, 38 V.c. 20,8. 4; 41 V.c¢ 37,8. 1. License required for V. No person shall keep or use any. powder magazine, for keeping pow, the storage of gunpowder, nitro-glycerine, or other explosive substance used for blasting, without previously obtaining a ; license from such officer as the said regulations ot the Lieuten- Duration and ant-Governor in council shall designate for that purpose; such icense. -license shall last for one year‘only, and a sum of not less than twenty-five dollars shall be paid therefor to such officer ; and any person keeping or using any powder magazine without such license shall incur and pay a penalty of five hundred dollars. 38 V.c. 20,8.5; 41 V.c¢. 27,58. 1. Descriptionof VJ, Every powder magazine shall be of the following descrip- powder E magazine. tion: : (1.) It shall be built of brick or stone, of the thickness of at least two feet, and be covered with a fire-proof roof made of ‘metal, and attached to the building by no other means than its own weight ; (2.) It shall be surrounded, at a clear distance of at least ten feet, by a wall of stone or brick at least ten feet high, coped with stone, and having but one opening, the door in which shall be covered with brass, copper or zinc, and shall be so located as not to face any public road, or the side of the maga- zine in which its entrance is situated ; t (3.) No other material shall have been used in its construc- tion, nor in that of the surrounding wall, than stone, brick, copper, brass, wood, glass, tin, slate, zine or leather ; (4.) It shall have but one entrance, to which two doors shall be fixed with copper fastenings, one on the inside and the other STORAGE OF GUNPOWDER. Chap. 23. 397 on the outside of the wall, and both made of, or covered with, brass, copper or zinc ; (5.) The floors shall be tongued and grooved, close jointed and tight, and every portion that can be walked or stepped upon shall be covered with hides ; (6.) It shall befurnished with lightning-rods, to be approved of by the officer aforesaid. 38 V.c, 20,5.6; 41 V.c. 37,8. 1. VII. No license shall be granted for the storage of gunpow- Nocense, der, nitro-glycerine, or other explosive substance used for blast- zine is of the ing, unless the officer granting the same shall know that the cription. magazine in which the same is to be kept is of the description required by the preceding section. 38 V.c. 20,8.7; 41 V.c. 37,8. 1. VIII. Every proprietor or lessee of any powder magazine Responsibill: | shall be personally liable for any penalties imposed for the con- tors and tes travention of any regulation made in virtue of this Act, in zines. respect of the conveyance of powder, nitro-glycerine, or other explosive substance used for blasting, to or from such magazine. 38 V.c. 20,8, 8; 41 V.c 87,5. 1. 1X. No person shall sell, or keep for sale, any gunpowder, See Ee nitro-glycerine, or other explosive substance used for blasting, powder j unless he has previously obtained a license from such officer as Price torent. the said regulations may designate for that purpose; such Penalty. license shall last for one year only, and a sum of not less than two dollars shall be paid therefor; and any person who shall at any time sell or keep for sale any gunpowder, nitro-glycerine, or other explosive substance used for blasting, without such license, shall incur and pay a penalty of fifty dollars. 38 V. c. 20, 8.9; 41 Vice. 37,5. 1. ; X. No person shall at any one time keep, for sale or other- fonore” nes wise, in any building other than a powder magazine, a larger wees a quantity of gunpowder, nitro-glycerine, or other explosive sub- " stance used for blasting, than one hundred pounds in weight ; and every person keeping the same, or any or either of them for sale, shall continually keep designated in a conspicuous manner the part or parts of the building in which the same is or are placed, and shall keep placed over the entrance of such building or place a sign bearing conspicuously the words “ li- censed to sell gunpowder, &c.”; and for every day during which any person shall fail to comply with any requirement of this section, he shall incur a pay a penalty of fifty dollars. 38 V. c. 20,s.10; 41 V. e@ 87,5. 1. ‘ XI. The regulations to be made in virtue of this Act may Regulations impose penalties for all infractions thereof, or for any infraction penalties, how of this Act; the same may be recovered in'a summary manner peerel, before any justice of the peace within the said limits, who may orley any person convicted before him of any such infraction, 398 Chap. 24, TO PROTECT PRIVATE PROPERTY. to pay such penalty or penalties that may be prescribed, with costs, forthwith, and in default of payment of such penalty or penalties with costs, to be imprisoned for a term not exceeding two months, unless the said penalty or penalties and costs, including the costs of conveyance to gaol, be sooner paid. 38 V.c. 20,8. 11; 41 V. ¢. 37,5. 1. eat XII. This Act shall not apply to, nor affect, any magazines Majesty. belonging to Her Majesty, nor to the conveyance of gunpowder or other explosive substances or stores, to and from Her Majes- ty’s magazines by Her Majesty’s forces or military forces. 38 V.c. 20,8138; 41 V.c 37, 3.1. _ CHAPTER XXIV. An Act to protect private property in certain cases. Captains, masters, etc.,ofsteamboats,| Proviso, when caused by negligence, s. 1. etc., of person in charge of ferry, 8.3. Firewood, s.1. - Penalty with costs, s. 4. a i Property on fire by steamboats—an|] Damages recoverable in civil action, offence, s. 2. 8.5. Rope of public ferry cut, s. 3. Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows :— Coptale I. No captain, master. agent, owner, or other officer of any of steamboat. steamboat navigating the Red or Assiniboine rivers, or any waters within this Province, shall take away, remove, appro- priate or cause to be taken away, removed, or appropriated for the use of such steamboat, any fire-wood without the duly ex- pressed consent of the owner thereof; and the captain or mas- ter of any steamboat shall, in-every case, be liable for any offence against this Act; and the taking away, removal, or ap- propriation of any firewood, as aforesaid, shall be taken to have been done by his order or authority. 41 V.c¢. 17,5. 1. Froperiy set 11. Whenever fire is negligently caused to be set to any steamboat property, goods or chattels, by the sparks issuing from the offence: smokestack of any steamboat, the captain or master, or com- manding officer of such steamboat shall be deemed to- have committed an offence against this Act. 41 V.¢.17, 5. 2. Rope ct ary il. If the rope of any ferry, established in this Province being cut. according to law, is negligently injured, cut away or other- wise damaged by any steamboat, flatboat, or other vessel or _raft, the captain, master or officer or person in charge thereof shall be deemed to have committed an offence against this Act: provided, however, that it shall be competent for any such 399 Provided, LINE FENCES. Chap. 25. captain, master, or officer or person in charge of any such steamboat, flatboat, vessel or raft, to establish by proper evi- dence that the injury done to such rope was through the neg- ligence or improper action, omission or conduct of the person in charge of the ferry. 41 V.c¢. 17,8. 3. IV. Any person offending against any of the provisions of Penalty with this Act shall, on conviction thereof before any justice of the peace, be liable for each offence to a fine not exceeding seventy- five dollars nor less than ten dollars, with costs; and in default of payment forthwith he shall be imprisoned in the common gaol for a period of not more than sixty days, nor less than eight days, unless the fine and costs, including the costs of conveyance to gaol, be sooner paid ; and half of the fine shall belong to the informer, and the other half shall be paid to the Provincial treasurer. 41 V.c. 17,8. 4 V. Nothing in this Act shall bar any party or parties ag- Damages to, grieved from recovering damages in any civil action against by civil the proper parties, in addition to any fine or other penalty im-*!™ posed under the provisions of this Act. 41 V.c 17,5. 5. CHAPTER XXV. An Act respecting Boundary Lines and Line Fences. | Notice to be given to have boundary lines surveyed, s. 1. Each party interested to pay share of| expenses, s. 1. Feace not to be removed without con- sent of all parties, s. 2. Duties of owners of adjoining lands, 8. 3. Lawful fence, s. 4. Owner of part of division fence not to take down same without notice, 8. 5. Occupier of unenclosed land to pay owner of line fence, s. 6. Water-fence made in equal Es 8. 7. Where land divided by brook, s. 8. Disputes to bedlecided by fence-view- ers, 8. 9. Fence-viewer to take oath, s. 10. Awardto be in writing and copy to be Eremenmltued toclerk of county court, s Party retusing to appoint fence-view- er, ution of the peace may appoint, 8. Copy of award to be judgment,s. 13. Execution, s. 1. Fees, s. 15. Fees to be paid to parties when col- lected, s. 16. Owner or occupier may erect fence on his own land, s. 17. Her Magesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : I. In case the owner of land requires to have any boundary line surveyed, he shall give notice thereof in writing to all parties interested, and in one month thereafter may employ a duly qualified surveyor, who shall ‘survey the said line, and each party interested shall pay his proportionate share of the expenses of the survey. 38 V.c. 24,81; 39 Vic. 218.1. Notice to be given to have boundary line surveyed; each party to pay share of expenses. II. No line fence shall be removed without ‘the consent of Fence not to all parties interested ; and whenever any owner of land erects be removed without con- 400 Chap. 25. LINE BENCES, sentofall a, line fence, the owner of the adjoining land shall, as soon as he encloses adjacent or along the line fence, pay to the person who erected the line fence or to his assignee a fair compensa- tion for one-half the line fence ; such compensation may be de- termined by arbitration if not otherwise agreed upon. 38 V. c. 34,5.2; 39 Vic 21,81. i Dutiesof _ IIL Each of the parties occupying adjoining tracts of land joining lands. shall make, keep up and repair a just proportion of the divi- sion or line fence on the line dividing such tracts, and equally on either side thereof. 46 V. ¢. 15,5, 1. Lawful fence TV, Any fence coming within the meaning of a lawful fence in any by-law of a municipal council in that behalf is to be considered alawfulfence. 43 V.c. 15,8. 2. Owner of part : ees 2 Cyner ore V. The owner of the whole.or part of a division or line fence not to, fence which forms part of a fence inclosing the occupied or wi fhout ~~ improved land of another person, shall not take down or re- mete move any part of such fence ; (1) Without giving at least twelve months’ previous notice of his intention so to do to the owner or occupier of such ad- jacent enclosure ; (2.) Nor unless such last mentioned owner or occupier, after demand made upon him in writing by the owner of such fence, refuses to pay therefor a sum to be-determined, as provided in the next sub-section ; (8.) Nor unless: such owner or occupier will pay to the owner of such fence, such sum as three fence-viewers of the municipality, or a majority of them, in writing, determine to be the reasonable value thereof ; when no fence-viewers have been appointed by the municipality, fence-viewers may be ap- pointed, one by each of the interested parties and the third by those thus appointed, who shall award the sum to be paid for the said fence, or his portion thereof. 43 V.c¢. 15, s. 3. Conners VI. When any land which has laid uninclosed and in com- landto pay mon, is afterwards inclosed the proprietor of the adjacent land ante, °° when improved, occupied or inclosed, shall pay to the owner of the division or line fence standing upon the divisional line between such land and the enclosure of any other the occupant or proprietor, a just proportion of the value of the division line fence. 43 V.c. 15, 8. 4 a Waterfence VIL. When, under like circumstances, a water-fence running equal parts. into the water is necessary, the same is also to be made in equal parts, unless the parties otherwise agree. 42 V.¢. 15, 83g wee ent = VIII. When lands belonging to or occupied by different per- brook, etc. sons, are divided from each other by any river, brook, pond, é LINE FENCES. Chap. 25. 401 creek, marsh or muskeg, which of itself is not a sufficient bar- rier, and it is impracticable to fence upon the true boundary line, the fence shall be set up on one side of the river, brook, pond, creek, marsh or muskeg, or partly one side, and partly on the other, as may be just. 43 V.c. 15,8. 6. IX. The disputes between the owners or occupants of ad- Disputes to be eee . ‘ . eyes vy joining lands, in regard to their respective rights and liabili- three fence ties under this Act, shall be decided by the majority of three °° fence-viewers, appointed in the same manner as stated in the third sub-section of section five in this Act. 43 V.c. 15, s. 7. X. Every fence-viewer shall, before discharging the duties Fence viewer imposed pont him by this Act, take the qullowra oath before °° 94 a justice of the peace: I, A.B. appointed in the dispute be- tween (naming the parties) fence-viewer, make oath and say, that I will make a true and impartial valuation in the matter. 43 V.¢. 15, s. 8. XI. Every determination or award of fence-viewers shall be Award to be in writing signed by such of them as concurred therein ; and and to be they shall transmit a copy thereof duly certified to the clerk {o¢uniy<" of the county court of the county where the land is situated ; court clerk. and such determination or award shall be binding on the par- ties thereto. 43 V.c. 15,5. 9. XIE. Ifany party neglects o1 refuses upon demand made in Where party writing, to appoint a fence-viewer, in order to.decide upon his Botat tenner a liabilities with regard to any dispute under this Act, then the yicwer appl other interested party may apply to a justice of the peace for er ae the appointment of a fence-viewer, who shall act as if appoint- peace. ed by the party neglecting or refusing to do so. 43 V.c 15, s. 10. XIII. Any copy of award by such three fence-viewers, or a fy,2tdfocon- majority of them, when filed in the county court as mentioned ment. in section 11 of this Act, shall constitute and be a judgment against-the party against whom such award is made. 43. V. ce. 15, 8.11. . XIV, All such judgments may be executed according to the Execution. ordinary procedure of the county court. 43 V.c. 15.8. 12. : XV. The following fees, and no more, may be received un- Fees. der this Act by the persons mentioned, that is to say: By the justice of the peace, for appointment of fence-viewer, one dollar ; By fence-viewers, two dollars per day each for not more than. two days ; and For transmitting copy of their award to clerk of county court, one dollar ; 26 402 Chap. 26. GENERAL HOSPITAL. By clerk of county court, for registering fence-viewers’ award, fifty cents, 43 V..c. 15, 8, 13. Where tees. XVI. Upon the party in whose favor the award of the - gesstul party, fence-viewers has been made making an affidavit, which the ineladed in Clerk of the county court may administer, that such fees have sxequilon. “heen duly paid and disbursed to the persons entitled thereto, the clerk shall include the amount thereof in the execution, and when, collected shall pay over the same to the said party. 43 V.c. 15, s. 14. Owner or oc- XVII. Nothing in this Act shall prevent an owner or an erect fenee on occupier of a tract of land, from erecting fences on the land own land. owned or occupied by him, within the limits of such land ; and in that case said occupier or owner shall not be liable to con- tribute to the erection, keeping up or repairing of any propor-. tion of the division or line fences which may be dividing such tract of land from another. 43 V.c. 15, s. 15. CHAPTER XXVI. An Act respecting a General Hospital at Winnipeg. General meeting to elect auditor for Incorporation, s. 1. the year, s. 15. N: oe ofcorporation—powers, &¢., s. Affairs of corporation to be managed by board, s Board at first meeting shall appoint chairman, sec. and treas., s. 4 Five of board to form a quorum, s. 5. as to ao power to make by-laws, Cc Subscribers to be members, Ss. 7. Donation of $50 to entitle donor to life membership, s. 8. All members eligible for election as directors, 5.9. General ee to be held first Mon- day in May,s. If general ene not held, s. 11. Then er to call meeting within one month, 12. Full report to be’ submitted to general meeting by directors, s. Directors:to be elected by pallot, s. 14. Diets to appoint another auditor, s. 15, Auditors to submit ea before the 25th April each year, s. Duty of directors before lst June to submit to Lt.-Gov., s. 16. INOCULATION AND VACCINATION— Penalty for using improper matter in vaccination, s £u8 doing so to ‘invalidate license, s- Hospitals and clepennares Ee. if requested by Lieut -Gov.,’ keep an eee supply of vaccine matter, How to be used, and no fees to be charged for, s. 19. Bees dispensary to a as to use, §. How Azt may be cited. s. HER Magsegsty, by and with the advice and eonsent of the Legislative Assembly of Manitoba, enacts as follows : GENERAL HOSPITAL. I. George Young, Gilbert McMicken, Wm. N. Kennedy, W. C. Clark, Thomas Lusted, G. B. Spencer, George Bryce, A. G. B. Bannatyne, J. H. Ashdown, Stewart Mulvey, A.G. Jackes, J. H. O'Donnell, Joseph Royal, J. H. McTavish, W. G. Fonseca, and such other persons as may, from time to time, become GENERAL HOSPITAL. Chap. 26. 403 members of said corporation in the manner hereinafter pro- vided, shall be and are hereby constituted a,body politic and corporate by and under the name of “The Winnipeg General Hospital.” 38 V.c. 48,8. 1. IL. The said corporation by the name of “The Winnipeg eon, Core General Hospital” shall have perpetual succession and a com- Powers, ete. mon seal, and by such name may, from time to time, and at all times, purchase, acquire, receive, accept, build, hold, possess and enjoy, for them and their successors, any lands, tenements and hereditaments, and real and moveable property and estate within this Province, together with such grants, devises, gifts and bequests as may be made by and received from the govern- ment of the Dominion, the government of Manitoba, the cor- poration of the city of Winnipeg, or any other corporation, person or persons whatsoever, for the sole use and benefit of said hospital: provided always that the annual value of such real estate so held as aforesaid, does not at one time exceed the sum of ten thousand dollars. 38 V. ¢. 48, s. 2. IL. The atfairs of said corporation shall be managed by a Affairs of cor- board of directors consisting of fifteen members ; George Young, be managed Gilbert McMicken, Wm. N. Kennedy, W. C. Clark, Thomas *Y °°" Lusted, G. B. Spencer, George Bryce, A. G. B. Bannatyne, J. H. Ashdown, Stewart Mulvey, A.G. Jackes, J. H. O'Donnell, Joseph Royal, J. H. McTavish and W. G. Fonseca shall con- stitute the first board of directors, and shall continue to hold office and act as such directors until their successors are ap- pointed as hereinafter is provided. 38 V. ¢. 48,8. 3, IV. The board of directors shall every year, at their first earl at a meeting after election, appoint from among themselves a chair- appolr cates : nn, secre- man, secretary and treasurer. 88 V.c. 48) 5. 4. 3 tary and trea- surer. _V. The said board of directors shall have power to meet, Five of board from time to time, for the transaction of the affairs of said cor- quorum. poration, of whom five shall form a quorum ; and in the absence of the chairman or secretary, any director present may be ap- pointed, for the time being, to act as such chairman or secreta- ry. 38 V.c. 485.5; 41 Vie 25,5.1. " VI. The said board of directors shall have power to make Bord to have : ions r : ae y-laws, rules and regulations not being contrary to law, or to Rea by- the provisions of this Act, and power to amend or repeal, from *¥% ete. time to time, the same for all purposes relating to, and bearing on the well being and interests of said corporation: 38 V. ¢. s. 6. VI. All annual subscribers who shall have paid such sum All subseri- as may be fixed by the by-law of the said board of directors, members. and whose names shall appear on a book kept for that purpose, shall be members of said corporation, and shall have the right to take part in the annual meeting of said ‘ation: as iUVeg«s° °° ee ee 404 Chap. 26. GENERAL HOSPITAL. panation of —- VIII. The donation, at any one time, of fifty dollars or up- pone edonor wards, shall entitle the donor to life membership. 38 V. c. 48, bership. s. 8. Ai prempers IX. All members who shall have paid their annual subscrip- election as tion fee, as provided for in section seven, shall be eligible for directors. election as directors. 38 V.c¢. 48,8.9; 41 V.c. 25,8. 3. General meet: X. There shall be a general annual meeting of the members first Monday of said corporation on the first Monday of May in each year, _ at an hour and place to be named by the directors ; and notice Notice tobe thereof shall be given by the secretary in cne or more of the given. city newspapers at least six days previous to the day of such meeting. 38 V.c. 48, s. 10. EnOMIEGS XI. Provided that if, from any cause, such general meeting shall not be held cn the said first Monday in May, the directors and officers of said corporation then in office shall continue in office until such general annual meeting is held and their suc- cessors duly appointed, as hereinafter provided. 38 V.c. 48, s. 10, ifannual not XII. If such general annual meeting shall, from any cause, called onsome not be held on the day hereinbefore appointed for the same, other day. shem it shall be lawful for the directors then in office to decide upon another day for the holding of a general annual meeting, which day shall be within one month after the time when the same should have been held, and such meeting shall be called in the same manner as if it had been called on the proper day; and at such meeting all business may be transacted and all things done in the same manner as the same could have been transacted and done if such meeting had been held on the day aforesaid. 38 V. c. 48, s. 10. Fullreport to XII. A full report shall be submitted by the directors to be submitted. ° : : : togeneral said general meeting for its consideration and approval, show- divectoss.°” ing the condition of the affairs of said corporation, including the treasurer’s report, the steward’s report, receipts and dis- bursements, and all other matters bearing on the interest of the said corporation, also a list showing the names of members. 38 Vic 48,8. 11. erections te XIV. The members present at the annual meeting shall pro- ballot. ceed to elect the directors for the ensuing year by ballot, and the fifteen members receiving the highest number of votes shall be the directors for the ensuing year. 38 V.c. 48,8. 12. Peneraece’’ XV. The said general meeting shall elect one auditor for the auditor for ensuing year, and the board of directors, at their first meeting Directors to. thereafter, shall also appoint one auditor; and it shall be the Site: Sovak duty of the said auditors to examine and report upon all ac- counts affecting the corporation or relating to any matter un- der its controi or within its jurisdiction for the year previous ; Auditors to and they shall prepare an abstract of the receipts and expendi- GENERAL HOSPITAL. Chap. 26. 405 tures and liabilities of the corporation, and shall submit the en ee same to the directors on or before the twenty-fifth day of April dith day of in each year. 38 V.c. 48,8, 13. . year. XVI. It shall be the duty of the said corporation, on or be- Duty of cor fore the first day of January in each year, to transmit to the fore first Jan, . Lieutenant-Governor, for the information of the legislature, a Lt.-Gov. ae: return of the affairs of such corporation, showing in detail the *™ of 726 assets and liabilities, and the number of sick persons received and attended to during the preceding year in the said general hospital. 38 V.c. 48, s. 14. INOCULATION AND VACCINATION. XVII. Any person producing, or attempting to produce, by Penalty. inoculation with variolous matter, or by wilful exposure to variolous matter, or to any article, matter or thing impregnat- ed with variolous matter, or wilfully, by any other means whatsoever, the disease of small pox, in any person in this Provinee, shall be liable to be proceeded against and convicted summarily before any two justices of the peace; and the of- fender, for every such offence, shall, upon conviction thereof, be imprisoned for any term not exceeding six months. 40 V. c. 24,8. 1. . Invalidate license. XVIII. If any perscn licensed to practice physic, surgery or midwifery in this Province, or in any part thereof, is convicted of an offence against the provisions of the next preceding sec- tion of this Act, the license of such person in that behalf shall thereby become null and void and.of no effect; and such per- son shall, from and after the date of such conviction’ be liable to the same penalty, in the event of his practising physic, sur- gery or midwifery in Manitoba, as he would have been liable to for so doing, if he had never been licensed to practice the same: but it shall be lawful for the Lieutenant-Governor, on the certificate of the medical board of Manitoba, at any time after the expiration of the imprisonment of any such person, so convicted as aforesaid, again to license such person to practice physic, surgery and mid-wifery as aforesaid; and thereupon and thereafter such person shall no longer be liable to any fine or penalty for so doing, unless his license shall have been first revoked according to law. 40 V.c, 24,5. 2: XIX. The trustees, governors, directors, or other officers or Hospitals persons having at any time the control and management of any *°eP vaccine. hospital or dispensary receivin : aid from the public funds of this Province, shall, if they have been requested so to do by the Lieutenant-Governor in council, keep in such hospital or dispensary, at such time and for such period as may be deter- mined by the said order in council, an adequate supply of vaccine matter for the following purposes, Viz.: (a.) For the vaccination, by a qualified person attached to Fees. such hospital or dispensary, at the expense of the same, of all 406 Hospitals to report. Chap. 27. TREASURY DEPARTMENT, poor persons, and at‘their own expense, of all other persons who may attend at such hospital or dispensary for that pur- pose, during one day in every week; the fee to be charged for such vaccination not in any case to exceed seventy-five cents, and to be used and applied for the benefit of the hospital or dispensary. 40 V. c 24s. 3, XX. The trustees, governors, directors or other officers or persons, having for the time being the control and management of any hospital or dispensary to which aid has been granted, shall cause to be transmitted to the Lieutenant-Governor, through the Provincial secretary, in time to admit of copies thereof being laid before the legislative assembly of this Pro- vince, during the first fifteen days of the then next session, a statement, certified by the proper officer of such hospital or dispensary, shewing the number of persons who have applied for ana received free vaccination, the number of persons who have received vaccination at their own expense, and the amount and application of fees charged and received for vaccination. 40 V. v. 24.8, 4, XXI. This Act may be cited as “The General Hospital Act.” CHAPTER XXVIL. , An Act respecting the Treasury Department. Mode of compelling evidence, s. 20. Board of audit may issue commission GENERAL COLLECTION AND MANAGE- MENT OF THE REVENUE. Appointment and salaries of revenue to take evidence, s. 21. officers, s. 1. ; Penalty for refusing to give evidence, Oath to be taken by them, s. 2. s. 22. Lieut.-Governor may order books to|SPECIAL DUTIES OF TREASURER—. be kept, s, 3. ‘ Duties of treasurer, s. 23. . All revenue to be paid in to the credit} No warrant to issue without Legisla- of treasurer, s. 4. in certain Time and mode of accounting for pub- lic moneys, &c.,s. 5. Monn how deposited and paid out, s. 6. Other duties may be assigned to treasurer, s. 7. Accounts of the Province,.how kept, s. 8 Annual statement of revenue and ex- penditure,s. 9. Lieut.-Governor may alter period of accounting, s. 10, What period to be covered by esti-|. mates, s. 11 Surplus revenue, how invested and disposed of, s. 12. Loans, how affected and applied, s. 18. Expenditure to be niade under war- rant, cheque, &c., 8. 14. Lieut.-Governor may appoint board of audit, s. 15. or what board of audit to consist, s. Expenditure to be reported only by board of audit, s. 17. Board of audit to frame regulations, Power to examine on oath, s. 19. tive authority, except eases, S. 24. Penalty for failure to account, 8. 25. Proof in suits to recover penalty, s. 25. Notice, how served, s. 26. 4 Proceedings, ifmouey be not paid over or accounted for within time in no- tice,s. 27. ° Notice and proceedings when account ‘not rendered with suffic.eut vouch- ers, S. 28. In certain cases execution may issue eagainst defaulter without suit, s. 29. Proceedings against persons failing to apply public moneys, s. 30. Liability of officers causing loss to public revenue, s. 31. 4 Dismissal of officer receiving a bribe, 8. 32. Books, documents and moneys held by officer, as such, to belong to the ‘crown, S. 33. Penalty for refusing to deliver up same, 8. 34. This Act not to impair recourse al- ready given, s. 35. MISCELLANEOUS PROVISIONS— Who may administer oaths under Act, 8. 86, TREASURY DEPARTMENT. Chap. 27. 407 Affirmation instead of oath, s. 36. INTERPRETATION— _ Examinations under oath, 8. 37. Meaning ot “ public revenue,” “ye. Lieut.~Governor in certain cases may venue” and “public money,” 8. 41, remit penalties, 8. 38. Revenue officer, 8. 42., Statemeut of remissions to be sub-) How Act may be cited, s. 43. mitted to Legislature, s. 39. General duty of treasurer, s. 44. Recovery. of penalties, &c.,s. 40. Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : GENERAL COLLECTION AND MANAGEMENT OF THE REVENUE. I. The Lieutenant-Governor in council may, from time to aaa time, determinue what revenue officers it is necessary to em- ofrevenue ploy ; and may assign their names of office, and fix their salaries or remuneration, and appoint the times and manner in which the same shall be paid ; but no such officers shall re- ceive a higher salary than is allowed in-his case by any Act of the Legislature then in force ; nor shall any such salary be paid unless voted by the Legislature. 38 V.c. 11,8. 1. II. Every revenue officer shall, at his admission to office, Path to be take the following oath before such person as the Lieutenant- them. Governor may appoint to take the same, that is to say: “I, “ A B,, do swear that I will be faithful in the execution of the “trust committed to my charge by my appointment as és , and that I will not ask or receive any “ money, service, value or thing whatever, directly or indirect- “ ly, for anything done, or to be done, in the execution of any “ of the duties of my said office, other than my salary, or what “ shall be allowed me by law, or by order of the Lieutenant- “ Governor in council ; so help me God.” 38 V.c.11,s. 2. Ill. The Lieutenant-Governor in council may direct any re- Lt-Gov. may venue officer to keep any books or accounts, for the purpose of tobe kept. obtaining any statistical information touching the resources or public works of this Province, or other matters of public in- terest, and may authorize any necessary expenses for such pur- pose. 88 V.c.11,s. 3. ‘ . IV. All revenue shall be paid in to the credit of the treas- All revenue urer, through such officers, banks or parties, and in such man- Pte there ner as the Lieutenant-Governor in council may from time to ee time direct. 38 V.c. 1l,s. 4 V. The Li - . 1 1 ‘ Time and eutenant-Governor in council may from time to Tmeand | time appoint the times and mode in which any revenue officer counting for shall account for and pay over the public moneys which may Bye duties” come into his hands, and may determine the times, manner and and stamps. form in which, and the officer by whom, any licences on which any duty is payable, and any stamps for collection of revenue, are to be issued; but such accounts and payments shall be rendered and made by such officers at least once in every three months, 38 V.c. 11,3. 5. 408 Chap. 27. TREASURY DEPARTMENT. Aepecleed wd VI. Every revenue officer, on receiving public money, shall paid out. forthwith deposit the same in his name of office, in such bank as the Lieutenant-Governor in council may appoint ; and no money so deposited shall be paid out again except for the pur- pose of being placed to the credit of the treasurer, on the writ- ten order or official cheque of the officer so depositing the: same, or his successor, to whom the bank shall grant a certifi- cate in duplicate of its being so credited ; and every such offi- cer shall keep his cash book written up daily, and all his books, accounts and papers shall, at all times during office hours, be open to the inspection of any person whom the treas- S urer may authorize to inspect the same; but, where such money is received at a place where there is no bank into which it can conveniently be paid, the Lieutenant-Governor in coun- cil may direct it to be paid over in such manner as he may deem expedient. 38 V.c. 11,5. 6, ; Other duties VII. The Lieutenant-Governor in council may from time to signed to him. time assign to the treasurer any other duties or functions not repugnant to law. 38 V.c. 11,5. 7. Accounts of = VIII. The accounts of the Province shall be kept by double e Province, : : how kept. ’ entry in the treasury department, under such regulations for as- surance of their fulness and accuracy, and as to the measure of oversight and responsibility attaching in regard to them, to the board of audit, as the Lieutenant-Governor by order in council, or (subject to all such orders) the treasurer may make, from time totime. 38 V.c. 11,5. 8. Annual state- TX. As soon as practicable after the close of each fiscal year, venue and ex- there shall be prepared in‘the treasury department, for sub- penditure to ae ae . be prepared. mission to the Legislature at its next session, a statement of the public accounts for each year, showing clearly and fully the several revenues and expenditures of the Province for the year, the state of the consolidated revenue fund, and of all trust and special funds under the management ofthe Provincial Govern- ment, and all matters requisite to explain the financial trans- actions and position of the Province during and at the close of such year. 38 V.c. 11,58. 9. iiecperiod” -&- ‘The Lieutenant-Governor in council may alter the period ofaccounting. at or to which any accountant for public moneys, public officer, corporation or jnstitution, is required to render any account, or to make any return, whenever in his opinion such alteration will facilitate the correct preparation of such statement of the public accounts, or of the estimates, anything in any Act to the contrary notwithstanding. 38 V.c. 11, s. 10. What period) XI. The said public accounts shall include the period from by estimates. the thirty-first day of December in one year to the first day of January in the next year, which period shall constitute the financial year; and all estimates submitted to the Legislature shall be for the services coming in course of payment during the fiscal year, or during such other term as such estimates TREASURY DEPARTMENT. Chap. 27. 409 may expressly purport to cover, and all balances of appropria- tions remaining unexpended at the close of such fiscal year or other term shall lapse and be written off. 38 V.c.11,s8.11; 40 V. c, 20, s. 1. XII. The Lieutenant-Governor in council may, from time to Supms rey. | time, should such course be deemed advisable, direct the trea- Merl dis surer to invest any portion of the consolidated revenue fund : not presently required for expenditure in public securities of the Dominion of Canada or otherwise; and may afterwards, whenever requisite to meet expenditure or for any other suffi- cient reason, direct him to dispose of such securities, or to call in the money to that end, in such manner, on such terms, and. to such amount as may be deemed most expedient for the pub- lic advantage. 38 V.c. 11, s. 12. . XIII. The Lieutenant-Governor in council may also, from Loans, how, time to time, in case of exigency arising out of failure of the applied. revenue from unforseen causes, direct the treasurer to effect any needed temporary or permanent loans, chargeable on the consolidated revenue fund,:in such manner and form, in such amounts, payable at such periods, and bearing such rates of interest as the Lieutenant-Governor in council may authorize ; but such loans shall not exceed the amount of the deficiency in the said consolidated revenue fund, to meet the charges placed thereon by law or other exigency, and shall not be ap- plied to any other purpose whatever except that for which the loan was obtained. 38 V.c. 11,5. 12. XIV, All expenditure of public moneys shall be made by Expenditure official cheque on some bank, such cheque being signed by the by cheaue. treasurer, or, in his absence, by any member of the executive council appointed by the Lieutenant-Governor in council, 388 V.ec. 11,8.13; 40 V7. c 20, s. 2. ' XV. The Lieutenant-Governor may constitute and appointLt-Goy, may a board of audit whose duty it shall be, from time to time, to cute examine into and report on all matters and accounts coming before them as hereinafter provided. 38 V.c¢. 11, s. 14. XVI. The board shall consist of the treasurer, the president Boao. of the council, and such other minister or ministers or person or persons as may be designated from time to time by the Lieutenant-Governor; and the treasurer shall be the chairman of the board: provided, always, that in case of the illness or absence of any member of the board,,any other minister or officer of any of the departments may perform all the duties of the absent member at the board. 38 V.¢. 11,s.15; 40 V.c. 20, s. 3. XVII. All accounts of receipt and expenditure of public Expenditure moneys shall be examined into and reported upon by the board See of audit, and no cheque shall be signed by the treasurer for board ofaudit any expenditure of public moneys unless said expenditure has 410 Chap. 27. ‘TREASURY DEPARTMENT. been audited and accounts found correct by the board, or un- less on the order of the Lieutenant-Governor in council; and all accounts relative to the expenses of criminal justice shall be examined, audited, vouched and approved under such regu- lations as the Lieutenant-Governor shall, from time to time, direct and appoint. 38 V.c.11,s.16; 88 V.c. 17,5. 4 tome wudige. VLU The board of audit may frame regulations, and may tions. amend the same from time to time, respecting the method of issuing of warrants and cheques, the accounting for public moneys and the auditing of accounts, and shall submit such regulations to the Lieutenant-Governor in council through the treasurer; and any order in council made on any of these sub- jects shall, unless contrary to law, have the force of law until: revoked or amended, as it may be, by any subsequent order. 38 V.c. 11, 8. 17. Fowertecst- XIX. The board of audit may examine any person, on oath - ovaffirmation, on any matter pertinent to any account submit- ted to it for audit, and such oath or affirmation may be admin- istered by any member of the board. 38 V.c. 11,s. 18. Mode of com- XX. Any member of the board, duly authorized by it, may eling evi- c . . : ence. apply, in term or in vacation, to any judge of the court of Queen’s Bench for an order that a subpoena be issued from the court commanding any person therein named to appear before the said board,at the time and place mentioned in such subpcena, and then and there to testify to all matters within his know- ledge relative to any account submitted to the board, and (if ' the board so desire) to bring. with him and produce to the board any document, paper or thing, which he may have in his possession, relative to any such account as aforesaid; and such subpeena shall issue accordingly upon the order of such judge; and wilful disobedience thereto shall be a contempt of the process of the court of Queen’s Bench, and be punishable accordingly. 38 V.c.11,s. 19. Boardmay = XXI. If by reason of the distance at which any person, whose sions to take evidence is required by the board, resides from the place where evidence. _ its sittings are held, or for any other cause, the board deems it advisable, they may issue a commission, under the hands and seals of any two members of the board, to any officer or person therein named, empowering him to take such evidence and re- port the same to them ; and such officer or person, being first sworn before some justice of the peace faithfully to execute the duty entrusted to him by said commission, shall, with re- gard to such evidence, have the same powers as the board, or any member thereof, would have had, if such evidence had * been taken before the board, and may, in like manner, apply to and obtain from any judge of the court of Queen’s Bench a subpcena for the purpose of compelling the attendance of any person, or the production of any document, paper or thing, be- fore him ; and such subpcena shall issue accordingly on the order of such judge, or such subpcena may issue on the application of - TREASURY DEPARTMENT. Chap. 27. 411 any member of the board authorized to make such application, to compel such attendance, or the production of any document, paper or thing, before such commissioner. 38 V.c. 11, 8. 20. XXII. If any’ person, so summoned to attend before the Penalty for board of audit, or any commissioner appointed as aforesaid, fail, ziva evidence: without valid excuse, to attend accordingly, or, being com- manded to produce any document, paper or thing in his pos- session, fails to produce the same, or refuses to be sworn, or to answer any lawful and pertinent question put to him by the board, or by such commissioner, such person shall, for each such offence, incur a penalty of one hundred dollars, and may like- wise be dealt with by the court out of which the subpoena issued, as having refused to obey the process of such court, and as be- ing guilty of a contempt thereof. 38 V.c.11,s. 21. SPECIAL DUTLES OF TREASURER. XXIII. The treasurer shall sign no cheques for the payment Duties of ot any public money for which there is no direct Legislative appropriation, or in excess of any portion of such appropriation, the expenditure of which has been authorized by the Lieutenant- -Governor in council; and he shall report to the Lieutenant- Governor in council any case in which a department has ex- pended money beyond the amount for which there is such authority. 38 V.c. 11, s. 22. XXIV. No money cheque shall issue except that there is Nowarantte Legislative authority for the expenditure; but nevertheless, legislative authority. (1.) If, when the Legislature is not in session, any accident certain happens to any public work or building which requires an ee immediate outlay for the repair thereof, or any occasion arises issue special when any expenditure, not foreseen or provided for by the Leg- "7°" islature, is urgently and immediately required for the public good, then, upon the special report of the treasurer that there is no legislative provision and of the minister having charge of the particular service in question that the necessity is urgent, the Lieutenant-Governor in council may order a special war- rant to be prepared for the issue of the amount estimated to be required, which warrant shall be signed by the Lieutenant- Governor himself; and the amount thereof shall be placed by the treasurer to a special account against which cheques may issue, from time to time, in the usual form, as they may be re- quired. 38 V.c¢. 11, s. 23. XXV. Ifany person refuses or neglects to transmit any ac- Penalty for count, statement or return, with the proper vouchers, to the count. officer or department to whom he is lawfully required to trans- mit the same, on or before the day appointed for the transmis- sion thereof, such person shall, for every such refusal or neglect, ; incur a penalty of one hundred dollars; and in any actjon for }700fin suits the recovery of such penalty it shall be sufficient to prove that penalty. such account, statement or return ought to have been trans- ‘ 432 Chap. 27. TREASURY DEPARTMENT. mitted by the defendant as alleged, and the onus of proving that the same was so transmitted shall rest upon the defend- ant. 38 V.c 11,5. 24 party. falting XXVI. Wherever the treasurer has reason to believe that o account for any officer or person has received public money, or money ap- - money. plicable to any public purpose, and has not paid over or duly applied and accounted for the same, he may direct a notice to such person, or to his representative in case ot his death, re- quiring that, within a time therein named, and not less than thirty nor more than sixty days from the service of such no- tice, such money be paid over, or applied and accounted for to the treasurer, or to the officer to be mentioned in the notice, Notice, how with proper vouchers ; such notice shall be served by the , sheriff of the Province or the deputy-sheriff of the county where the service is made, or his deputy or by some literate person, by delivering a copy to the person to whom it is ad- dressed, or leaving it for him at his usual place of abode with some grown-up member of his family, or with some servant or person in his employ, and the return of the sheriff, deputy- sheriff or other person of such service, shall be conclusive evi- dence thereof. 38 V.c. 11, s. 25. zrocceunes. XXVIL. If any such person fails to pay over, apply or ac- not paid over count for any such money, and to transmit such vouchers with- or accounted) the time limited by the notice so served on him as. afore- day ixedby said, the treasurer shall state an account against such person in the matter to which the notice relates, charging interest ‘from the service thereof, and shall deliver a copy thereof to the attorney-general, and such copy shall be sufficient evidence to support any proceeding for the recovery of the amount thus shown to be in the hands of the defendant, as a debt due to the crown, saving his right to plead and give in evidence all such matters as may be legal and proper for his defence; and the defendant shall be liable to costs as in ordinary cases. 388 V.c. 11, s. 26. j Notice and XXVIII. Whenever any such person has transmitted an ac- proceedings when account count, either before or after notice as aforesaid, but without has been ren’ vouchers, or with insufficient vouchers, for any sum for which sufficient he therein takes credit, the treasurer may notify him in the manner mentioned in the next preceding section but one, to transmit vouchers, or sufficient vouchers, within thirty days after the service of the notice; and if such vouchers are not transmitted within that time,the treasurer may state an account against him, disregarding the sums for which he has taken credit, but for which he has transmitted no vouchers, or insuffi- cient vouchers, and may deliver a copy of such account to the attorney-general, and such copy shall be sufficient evidence to support any proceeding for the recovery of the amount therein shown to be in the hands of the defendant, saving his right to plead and give in evidence all such matters as may be legal and proper for his defence; and the service of notice may be TREASURY DEPARTMENT. Chap. 27. 413 proved by an affidavit of such service as in ordinary cases of the service of process and papers incourt. 38 V.c. 11, s. 27. x XXIX. If at any time it appears clearly, by the books of In certain _ accounts kent by or in the office of any revenue. officer, or by Hon may te his written acknowledgment or confession, that he has, by vir- $u¢,29amst tue of his office or employment, received money belonging to without, Her Majesty, and amounting to a sum certain, which he has” : failed to pay over to the officer duly appointed to receive the same, and in the manner and at the time lawfully appointed, then upon affidavit of the facts, by any officer cognizant there- of and thereunto authorized, made before a commissioner for y taking affidavits in the Queen’s Bench, being filed in the office of the said court of Queen’s Bench, the same shall form a record of judgment, and thereupon may issue from the said court against the goods, chattels and lands of such officer, such writ or writs as the attorney-general may think advisable, and there may be no delay between judgment and the issue of:such writ or-writs ; and such writ or writs shall be executed by the pro- per officers in that behalf, and all proceedings thereon taken as if judgment had been recovered in the ordinary way. 38 V.c. 11, s. 28. ’ sy i » +) Proceedings XXX. If any person has received money for the purpose of eee pee applying it to any specific purpose, and has not so applied itsons falling to within the time or in the nanner provided by law, or if any ae oe person, having held any public office, and having ceased to hold the same, has in his hands any public money received by him as such officer for the purpose of being applied to any specific purpose to which he has not so applied it, such person shall be deemed to have received such money for the crown for the public uses of the Province, and may be notified by the treas- urer to pay such sum back to him, and the same may be recov- ered from him jn any manner in which debts to the crown may be recovered, and an equal sum may, in the meantime, be Other saney, applied to the purpose to which such sum ought to have been in te bean applied. 38 V. ¢. 11, s. 29. ne: XXXI_ If, by reason of any malfeasance, or of any gross Liability of carelessness or neglect of duty, by any revenue officer, any sum eee of money is lost to the crown, such officer or person shall be PU>le teven- accountable for such sum, as if he had collected and received the same, and it may be recovered from him, on proof of such malfeasance, gross carelessness or neglect, in like manner as if he had so collected and received it. 38 V.c. 11, s. 30. XXXII. If any revenue officer receives, directly or indirect- Dismissal of ly, any money, service, value or thing whatever, from any per- ingabrive son legally authorized to pay or allow the same, on account of anything done done by him in any way relating to his office or employment, except what he receives by order or with the permission of the Lieutenant-Governor in council, every such officer shall, on proof to the satisfaction of the Lieutenant- ‘Governor, be dismissed from his office or employment; and if 414 Chap. 27. TREASURY DEPARTMENT. any person, not being an officer duly authorized to pay or allow the same, gives, offers or promises any such money, service, value or thing, he shall for every such gift, offer or promise,’ incur a penalty of four hundred dollars. 38 V.¢. 11, s. 31. Books, docu- XXXIII. All books, papers, accounts and ducuments of what ments, moneys, etc. kind soever, kept or used by, or in the possession of, any rev- held by officer assuch de- enue officer, by virtue of his employment as such, shall be Leeks = deemed to be chattels belonging to Her Majesty, and all moneys crown. or valuable securities received or taken into his possession, by virtue of his employment, shall be deemed to be moneys and ‘valuable securities belonging to Her Majesty. 38 V.c. 11, s. Penalty for XXXIV. If any such officer or person at any time refuses Geliver up oF fails to pay over or deliver up any such chattel, money or thesame- valuable security, to any officer or person who, being duly authorized by the Lieutenant-Governor in council, demands the same, he shall for every such refusal or neglect incur a penalty of one thousand dollars. 38 V. ¢. 11, s. 32. joimpairany, &XXV. Nothing herein contained shall prevent, lessen or recourse al impair any remedy already given by law to Her Majesty or any other party. 38 V.c. 11, s. 33. MISCELLANEOUS PROVISIONS. Who mayad- XXXYI_ In all cases wherein any oath, affirmation or de-. © minister oath : : . ‘ 3 under this. Claration is required by any law relating to the revenue, or is ee necessary for the satisfaction or consideration of the Lieuten- ant-Governor in council, in any matter relating to the revenue, and no person is specially named before whom the same is to be made, it may be made before any person appointed to re- ceive the same by the Lieutenant-Governor, or any commis- sioneryappointed for taking affidavits in the court of Queen’s Bench, and such persons may administer such oath or affirma- tion, or receive such declaration ; and in any case or class of Afirmation cases where an oath is required by any law in force,in any oath in cer- matter relative to the revenue, the Lieutenant-Governor in tain cases. ; ae ‘ : : council may authorize the substitution for such oath a solemn affirmation or a declaration, which shall then avail to all in- tents and purposes as such oath would have done. 38 V.c. 11, 8. B34, Examination XXXVII. Upon all examinations and enquiries made by to be under : : ot _oath, order of the Lieutenant-Governor in council for ascertaining the truth as to any fact concerning the revenue, or the conduct of revenue officers, and upon like examinations and enquiries made by any person authorized by the Lieutenant-Governor in council to make the same, any person to be examined as a wit- ness shall deliver his testimony on oath to be administered to him by the person making the examination or enquiry. 38 Vic. 11, 8. 35. ne 1 TREASURY DEPARTMENT. Chap. 27. 415 XXXVIIL The Lieutenant-Governor in council, whenever Ej$0" ina, he deems it conducive to the public good, and when great pub- may remy lic inconvenience or great hardship and injustice to individuals would otherwise ensue, may remit any tax, duty or toll pay- able to Her Majesty, and relating to any matter within the scope of the powers of the Legislature, or any forteiture or pecuniary penalty imposed or authorized to be imposed, for any contravention of the law relating to the revenue, or to the management of any public work producing toll or revenue, although any part of such forfeiture or penalty be given by law to the informer or prosecutor, or to any other party ; and such remission may be made by any general regulation, or by Form ofre any special order in any particular case, and may be total or partial, unconditional or conditional ; but if conditional, and the condition be not performed, the order made in the case shall be ‘null and void, and all proceedings may be had and taken as if it had not been made. 38 V.c. 11,5. 36. XXXIX. A detailed statement of all such remissions as Statement aforesaid shall be annually submitted to the Legislature, with- to te submit in the first fifteen days of the next ensuing session thereof. 38 {é¢f0 Hesisla- ture. V.c. 11, 8. 36. XL. The attorney-general may sue for and recover, in Her Recovery of Majesty’s name, any penalty or forfeiture impozed by any law ; relating to the revenue, or may direct the discontinuance of any action for any such penalty or forfeiture, by whom or in whose name soever the same has been brought ; and the whole of such penalty or forfeiture shall belong to Her Majesty for {pptcation the public uses of the Province, unless the Lieutenant-Gover- nor in council do, as he may if he sees fit, allow any portion thereof to the seizing officer or other person by whose infor- mation or aid the penalty or forfeiture has been recovered. 38 V.c. 11,8. 37. INTERPRETATION. XLL. The words “public revenue,” or “revenue,” or “public Interpreta: | money,” mean all revenue and public moneys arising from any revenue,” ‘ree source whatever, whether such revenues and moneys belong to ioncnee the Province, or are held by the Province, or collected’ or held by officers of the Province, for or on account of or in trust fer any other Province forming part of the Dominion, cr for the Dominion, or for the Imperial Government, or for any other party or person. 38 V.c. 11, s. 38. XLII. The words “revenue officers” mean any persons em- Revenue offi- ployed in collecting, managing or accounting for revenue, or in — carrying into effect any laws relating thereto, or in preventing the contravention of any such laws ; and, so far as regards ac- counting for and paying over such revenue, the said words in- clude any persons who have received or been intrusted with any public money, whether such persons were regularly em- ployed for such purpose ornot. 38 V.c. 11, s. 39. 416 Chap. 28. QUEEN’S BENCH ACCOMMODATION. Share Atle, XLIII. This Act may be cited as “The treasury depurtment Act.” 38 V.¢. 12,8. 40. CHAPTER XXVIII. An Act respecting accommodation for the Court of Queen’s Bench and a library. Means of establishing a fund, s. 1. Accounts to be kept, s. 3. Act may be amended—how, s. 2. Debentures or bonds may be issued, Lieutenant-Governor in council may 8. 4. make agreement with law society,| Schedule, s. 5. Be 2. How Act may be cited, s. 6. Preamble. Whereas it is desirable to make provision for the eventual erection, within the city of Winnipeg, of buildings suitable for the accommodation of the court of Queen’s Bench in Manitoba and the establishment of a law library in connection there- with, and also for affording suitable accommodation for the law society of Manitoba, and in order thereto to create a fund for those purposes, therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Meansofes- I, For the purpose of establishing a fund for the purposes fund. —_—recited in the preamble to this Act, and for paying the princi- pal, interest and sinking fund on any debentures that may be hereafter issued or guaranteed by the Province of Manitoba, with the sanction of the Lieutenant-Governor in council in order thereto, there shall be imposed, levied and collected on the proceedings in the court of Queen’s Bench in the Province of Manitoba, the sums set forth in the schedule hereunto sub- joined; and such sums shall be in addition to all fees author- ized to be levied for other purposes and to be otherwise levied ; and. all law proceedings shall be subject to the said levy, wheth- er the same shall be had or taken on the law or equity side of the said court of Queen’s Bench: provided, always, that any fees, heretofore levied and collected for the said purposes, under the order of the court of Queen’s Bench bearing date the tenth of February, 1875, shall be held to have been levied and col- lected under this Act. 38 V.c 17, s.1. Agreement | IJ. This Act may be amended from time to time, and it shall ih ere be competent for the Lieutenant-Governor in council to enter council. into a covenant with the law society of Manitoba for the erec- tion and maintenance of the aforesaid buildings, on such terms and conditions as shall be approved by the Lieutenant-Gover- nor in council and the law society: provided always, that no amendment shall take place under this section in any matter * QUEEN’S BENCH ACCOMMODATION. Chap. 28. A417 of substance except with the consent and approval of the said law society. 38 V.c. 17,5. 2. III. Accounts in detail of all moneys received and paid, and Accounts to of the debentures issued, and of the redemption of the whole ° or any portion of such debentures under authority of this Act, shall be laid before the Legislature of this Province at each session thereof. 38 V.c. 17,8. 3. IV. It shall be lawful for the treasurer of the Province, and Debentures or he is hereby authorized, when requested to do so by a resolu- issued. tion of the law society, to issue debentures or bonds of this Province under the great seal of this Province, signed by him- self and countersigned by the Provincial secretary, for any sum not exceeding forty thousand dollars, payable within or without the Dominion in twenty years after date, with inter- est thereon payable half-yearly, with coupons forming part thereof or subjoined theveto for the said interest, and to sell and negotiate such debentures or bonds for the best price that can reasonably be obtained for the same; and when sold to apply the proceeds in and to the erection and completion in the city of Winnipeg of a hall suitable for the accommodation of the sittings of the court of Queen’s Bench in term, and the judges in chambers, and for the offices of the said court, and for preservation of the records and papers thereof, and for a library room for the use, of the said law society ; and out of the fees collected for the law society the treasurer shall make provision for the payment of principal and interest on the said debentures or bonds so to be negociated as aforesaid. V. The following is the schedule to this Act: SCHEDULE—(Referred to im section 1.) Hor every Wilt: nesses w syle dew w are meh aoa 3 Por every verdictissicscaicece caceneasaeeunane For every judge’s order or fiat... . 0... ec cceee eee For every rule of court... 2.0.0.0... 0.0 cee eee eneee For every rule of reference...2...........0 000000, For every recognizance of bail filed................ Hor every SUD DNS cituico cine ran ceouers el eds For every judgment signed, interlocutory or final ... . Por every allidayit fled ssc: ses ¥ese amas wererenes For every judge’s summons...........0.0ccceseees For every return or report of reference to the master, and for every inquiry, examination of parties, witnesses or otherwise under a rule of court or Socoococdo or So INAS CRE L oa seqeeategiarnw de waaaies Mears os 0 50 For every cognovit or confession of judgment filed .. 0 50 For every exemplification under the seal of the court 0 50 For every petition filed for letters of administration or probate or other petition.............. 0 50 27 418 ‘ With approv- al of Lieut- Gov. $50, 000 may be ex: pended. Chap. 29. DRAINAGE. For every instrument or process having ee it the seal of the court. . 0 50. For every grant of administration of probate, as “fol- lows: When the property devolved is under $1,2 3 00 When the property devolved is above $1, $00 pee un- der $4,000.....,. When the property devolved is above $4,000...... For filing caveat............ 5 00 10 00 0 50 For every final judgment in a contentious or disputed case in probate........ For deposit of wills in safe custody, each....... sett On filing every bill or amended bill........ : On passing and entering every decree or decretal order 4 00. 0 50 2 00 1 00 On every certificate and | every writ,including subpcena issued under the seal of the court 0 50 V. This Act may be cited as “The Court of Queen’s Bench accommodation Act.” CHAPTER XXIX. An Act respecting drainage. ‘ When approved by Lieutenant-Gov- ernor, $00,000 may be expended and Provinee divided into three dis- trict, s. 1. Separate eco for drainage works to be kept, s. Minister of eto works to cause ex- aminations to be made, s Lieutenant-Governor in council, on report: of minister, may order works, s Power to enter upon lands, s. Minister may compensate ee lands taken, s. 6. Minister to make schedule of lands for drainage district, s. 7. Name of schedule when completed, s. 8. ae to be adopted by order in coun- cil, 8. 9. Collector’s duty, s. 10. Informalities not vitiate, s. 11. : / Treasurer to keep drainage books, s : 2. Minister may cause surveys to be made on application of municipali- ty, s. 13. Drainage fund, s. 14. Municipality to pay interest and sink- ing fund on sum advanced, s. 15. Works to be done under provincial engineer, s. 16. Classification may be left to arbitra- tion, s. 17. Arbitrators to appoint a third within six days, s. 18. Ar bibraiors to take oath, s. 19. Arbitrators alter third appointed to meet; copy of award, s. In ease’ — ifference, award of major- ity,s. 21. Roll changed according to award, s. 22. Costs to be appr ‘oved by Lt.-Governor in council, s. In case. of action brought, S, 24. Authority to withdraw ca: jital, Capital, how expended, s. 26. General return of expenditure, S. 27. Act, how cited, s. s. 25, Hes Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: I. With the approval of the Lieutenant-Governor in council there may be expended out of the consolidated revenue fund of this Province, any sum or sums of money, in the whole not exceeding the sum of fifty thousand dollars, in drainage works, to be executed and performed under the provisions of “An Act DRAINAGE, Chap. 29. 419 respecting the public works of Manitoba,” except as herein- , after provided ; and for the purposes of this Act the Province Tigy"nto” shall be divided into three districts, to be known as : phos ate 1. District no. 1, or the eastern district, that part of the Province east of Red river ; 2. The southern district, or district no. 2, that part west cf the Red river and south of the Assiniboine ; 3. And district no. 3, or the northern, that part west of Red river and north of the Assiniboine river. 43 V.c. 2,8. 1. II. The minister of public works shall cause a separate ac- Separate ac- count to be opened in the books of his department, in which drainage shall be regularly entered a true and exact. statement of all Forks '° be sums of money received, laid out and expended on account of any drainage, or improvement by means of drainage, embank- ments, culverts or other works in connection with drainage, made under the provisions of the Act aforesaid and of this Act, and of the several articles, matters or things for which any sum or sums shall have been so laid out and expended as afore- said. 43 V.c. 2,8. 2. III. It shall be lawful for the minister of .public works, and Meroe he is hereby authorized and empowered to cause examinations to cate: and surveysto be made, levels and cross-sections to be taken, and surveys. and maps, plans, estimates and specifications to be prepared, of * P* ™94e- and on any lands in this Province within the sphere and cir- . cuit of which the said lands will be beneficially affected by drainage works, showing the relative proportion in which the same lands will be beneficially affected ; and to this end, grouping the same into classes, and accompanying the said maps and plans With statements showing which of the said lands are occupied and which not occupied, which belong to absentees and which to residents of this Province, and which are unappropriated crown lands ; and all such further and other information as the minister of public works shall think expedient. 43 V.c. 2,8. 3. ~ IV. Upon obtaining all such information in the next pre- a ope ceding section mentioned, or. when the public interest may es- port of Minis- pecially require it previous to classification as aforesaid, and OMe Gabner on an examination and consideration of the same, the minister }7'™3 We™** of public works may, by report to the Lieutenant-Governor in council, recommend that the proposed drainage works in quies- tion shall be undertaken; and therevipon, the Lieutenant- Governor in council may pass an order in council authorizing the construction of the said drainage works under the pro- visions of this Act ; and the same shall be executed and per- formed accordingly. 43 V.c. 2, 8. 4. V. In all the preparation for, and in the execution of the Power eee ee . e Soe : : er upon lands said drainage works, the minister of public works and his ser-&e. ‘ 420 Minister may compensate ersons for nd taken. “And make schedule of lands for drainage dis trict, Lands to be Classified. “Name‘of sch dule when . «completed. Chap. 29. | DRAINAGE. vants, agents, workmen and contractors, in this behalf, is and are hereby authorized and empowered to enter into and upon any and all lands ; and to do and perform all acts, matters and things requisite or necessary in or about. the preliminary sur- veys, the taking of levels, the making of cross-sections, maps, plans, estimates and specifications, and all other matters ‘and things connected therewith ; and to carry out, do, execute, per- form and finally complete the said dramage works, doing no unnecessary damage, without being liable to any action or pro- ceeding for trespass, or on thecase, or stherwise howsoever. 43 Vic. 2.8. 5. Vi. After the said drainage works shall have been com- _pleted, or, if he shall see fit, during their progress, the minister of public works may~in such manner and by such means as he shall think expedient, if he shall think it, just and right in any case so to do, but not otherwise, pay and compensate any per- son or persons for any loss or damage sustained by reason of the taking and appropriating of any land for the drainage works aforesaid, or by reason of the doing, executing, perform- ing and the finally completing of the said drainage works—the advantages and the increased value given to the lands by rea- son of the construction of the said drainage works to be always taken into consideration in estimating any such loss or damage. 43 V.c. 2,58. 6. 4 * VII. So soon as the drainage works aforesaid in any drainage district shall have been completed and the total cost thereof ~ ascertained, the minister of public works shall, by himself and by such means and by such agents as he shall find necessary or expedient over and above the materials already in his pos- session, prepare arid make up a list or schedule of all the lands comprehended within the drainage district, assigning or attach- ing to each separate parcel a description by lot or otherwise, and dividing them-into resident, non-resident and crown lands (excepting therefrom school lands) and dividing the non-resi- dent into owners within the Province and owners without the Province, and classifying the said lands into not more than three classes, to be designated by the numbers 1, 2 and 3 re- spectively, according as they are more or less beneficially af- fected by the said drainage works ; and in the accomplishment of the provisions in this section contained, he shall have power and authority to make requisitions upon all registrars, clerks of county courts, clerks of municipalities, assessors and collec- tors, justices of the peace and all other persons within the Province ; and all such requisitions shall be forthwith observ- ed and obeyed by all such persons. 43 V. ¢. 2, 8, 7. e- VIII. The said schedule when completed shall be inscribed in a roll, and shall be designated “The drainage tax roll of ° drainage district no. *,” and upon the lands comprised in the said roll he shall impose the entire cost and expenditure of and upon the said drainage works in the following manner, DRAINAGE. , Chap. 29. 421 namely : three-sixths parts thereof upon class no. 1, compris- Cora how a ing the land most beneficially affected ; two-sixths parts thereof upon class no. 2, comprising the lands less beneficially affected ; and one-sixth part thereof upon class no. 8, compris- ing the lands least beneficially affected ; and he shall distri- bute and allocate to each parcel or lot comprised in each of the said classes—acreage being the basis of calculation—the rateable and proportionate sum of the whole sum imposed upon each class, falling upon each particular lot or parcel in the class, and placing in an adjoining column the sum annually payable thereon, being six per cent, for interest and two per cent. for sinking fund ; which said interest and sinking fund shall be in the nature of a tax or rent charge, and shall be paid (3h,y Pre? to the Provincial treasurer or to whom he shall appoint, in treasurer every year, within the month of January, until the principal, January. by the sinking fund and the accumulation thereof, shall have been fully paid and satisfied : provided also, that in the alloca- tion, due regard shall be paid to the proportionate area of lands beneficially affected. “43 V.c. 2,8. 8. IX. Upon the completion of the said roll in the manner polite be hee aforesaid, and upon the report and recommendation of the imcouncil minister of public works, the same shall be adopted by an mendation of order duly passed by the Lieutenant-Governor in. council ;Minister. and from and after the adoption of the said rollin manner ~ aforesaid, the same shall become and be binding on all persons whomsoever ; and thereupon the several and respective sums by and in the said roll specified as the proportions or alloca- tions in respect of each lot or parcel of land, shall become and continue a rent charge and lien upon the said lots or parcels of land respectively, and shall have preference and priority over all charges, liens or incumbrances whatsoever on the same lands or any of them, or any part thereof, now existing ov hereafter to be created, and the same shall be paid at the tumes and in the manner mentioned in the next preceding section ; and the said roll shall thereupon have all the force and effect of an Act of the Legislature : provided always, that Proviso. it shall be lawful for the Lieutenant-Governor in council, by order in council, from time to time, and‘at all times, to amend or correct any errors or omissions in the said roll, and upon the passing of any ordey in council, for that purpose, the said roll shall stand amended, changed or corrected accordingly, and such amendments, changes and corrections shall have the - force and effect of law. 43 V.c. 2,8. 9. X. The annual rates or payments made under the said roll Gollector’s by virtue of this Act shall be collected by the collector or col- * lectors of the municipality in which said lands lie ; and the collector or collectors of such municipality shall proceed to collect in the manner prescribed in sections 33, 34, (with suk; sections) 35, 36, (with sub-sections) 37, 838 and 39, (with sub-_ sections) of the Act passed the present session, intituled : “An, Act respecting municipalities,” for which purpose the Provin~ 499, Chap. 29. DRAINAGE. Freasurer to cial treasurer shall furnish such collector or collectors with a copy of such portion of the roll as shall contain a description ' of the lands within his municipality, specifying the annual Proviso. payment to be made in respect thereof: provided, however, that in any case where the lands assessed under this Act for drainage purposes do not lie within the limits of any munici- pality, or when from any other reason the collector or collec- tors of a municipality do not proceed to collect the taxes as Provincial aforesaid, it shall be lawful for the Provincial treasurer under treasurer may “"" . : appoint col-” his hand and seal of office to appoint such other collector or pecs collectors who shall have all the powers of a collector and treasurer of a municipality, and who shall proceed to collect the assessment on such lands in conforinity with said sections of said Act. 43 V.c. 2,8. 10. not defoetives XI. No proceedings in the imposition of the said rates or in the allocation or apportionment thereof’in the making up of the said roll, in the collection of the said rates, in the ad- vertisement and sale of the said lands for default in payment, or in any other matter or thing whosoever, in or about all and singular the premises in the several preceding sections of this Act contained, whether the same be an irregularity, informa- ity, or error in form or substance, provided the result or con- sequence be not contrary to natural justice, but be within the fair intendment of this Act, shail be held to be defective or in- Errors may valid ; but all such irregularities, informalities and errors, if any, may, from time to time, and at all times be amended and corrected. 43 V.c 2,8, 11. eee, oll De Provincial treasurer shall open and keep a _re- age books. gular set of books in his office which shall be called “The drainage books,” in which shall be opened and kept proper separate accounts with each lot or parcel of land comprised within the drainage district, in which said accounts, the lot or parcel shall be debited with the total principle with which it is charged on the roll hereinbefore mentioned ; and at the end of each year the lot or parcel shall be debited with interest on the principal at six per centum, for interest and two per cen- tum for sinking fund ; and separate accounts shall be kept on this footing—namely : an interest account and a sinking fund account ; the interest account shall be debited at the end of each year with interest upon the principal at the rate afore- said, and upon any interest in arrear with annual rests after crediting it with all payments made on account of interest and transferring to its credit, if in arrear, any sums at the credit of Interest. the sinking fund account ; and the said sinking fund account shall, in addition to payments made on account thereof, be at the end of each year credited with interest on the sum at the credit of the account at the rate of six per centum with annual rests. 43 V.c. 2,8. 12. Minister ‘ma; inl i i Perens XIII. The minister of public works may on the written ée.,tobe application of the council of any municipality asking for DRAINAGE. Chap. 29. 423 ‘ : 1a x * : . ade on writ« drainage works within such municipality, cause examinations {én ‘applica- and surveys to be made, levels and cross sections to be taken, tion. and maps, plans, estimates and specifications so to be prepared, of and on the lands asked to be drained or affected thereby, as __ provided for in the tpird section of this Act; and upon the to approve of Lieutenant-Governor in council approving of the said drain- works. age works being undertaken, the minister of public works shall hand over to the council of said municipality the said surveys, maps, plans, estimates and specificatiors, and the said council shall proceed with and carry out and complete the said drainage in accordance therewith and under the provisions of this Act ; and for the purposes aforesaid the said council is hereby empowered to pass by-laws in conformity with this Act, and also to levy the rate allocated to each parcel or lot of land beneficially affected as stated in the drainage tax roll pre- pared in accordance with the provisions contained in sections seven and eight of this Act. 43 V.c. 2,8. 13. XIV. In each case of a municipality undertaking the drain- Prainase age works in the preceding section mentioned, the treasurer of the Province with the approval of the Governor-in-council, ete may pay the sum estimated for such drainage into one of the Pepesitedin chartered banks in the Province to the credit of such munici- pality, which shall form a fund to be called the “drainage fund,” and shall be drawn upon only for drainage purposes, and on progressive estimates of said drainage works from time to time, made by the engineer of the Province or district. 43 V.c. 2,5. 14. XV. Each municipality shall yearly, on or before the (uniewality fifteenth day of December in each year, cause to be paid to ne Onn the Provincial treasurer a sum of money in the way of interest : equal to six per cent. per annum on the amount so advanced for drainage purposes, and two per cent: sinking fund until the principal by the sinking fund and the accumulation thereof shall have been fully paid and satisfied. 43 V.c. 2, s.15. XVI. Any diainage works done under the provisions of this Works to be Act shall be executed under the superintendance and direction Prov. engi- .of the Provincial or district engineer of the Government. 437°°" V. c. 2,8. 16. XVII. In case ‘the classification of lands comprehended Classification within a drainage district, as provided for in sections seven arbitrators. © and eight of this Act, is deemed by any party interested to be unfair, the same shall be determined by arbitrators, one to be appointed by the party complaining and one by the minister of public works, and the two arbitrators so appointed shall forthwith appoint a third arbitrator. 43 V.c¢. 2, s. 17. “XVI II. If after the arbitrators have been appointed as afore- eo ncator ae said, they fail or neglect for the space of six days to appoint a within six third arbitrator, a judge of the court of Queen’s Bench or the %%*: judge of the county court in which the lands to be drained are 424 Chap. 29. DRAINAGE, situated, shall within four days after a request in writing made upon him by either of the two arbitrators appointed as above, appoint a third arbitrator. 43 V.c. 2,5. 18. Aubitratorsto XTX. The.arbitrators, before proceeding to try the matter of the arbitration, shall take and subscribe the following oath (or in case of those who affirm, make and subscribe the following affirmation) before any justice of the peace, which oath or Oath, affirmation shall accompany their award : “I, A.B., do swear (or “ affirm) that I will well and truly try the matter referred to me “by the parties, and a true and impartial award make in the “ premises according to the evidence and my skill and knowl- “ edge, so help my God: (or in the case of affirmation) all of “ which I do solemnly affirm.” 43 V.c. 2,5. 19. Arbitrators | XX. The arbitrators shall within ten days after the appoint- pointed to ment of the third arbitrator meet at such place as they may cart agree upon, and shall then hear and determine the matter in dispute and make their award, which shall be binding on all Copy of parties ; and one copy shall be filed with the minister of public award. : sos works, and one given to the party complaining. 43 V.c. 2, s. 20. re Ge ot dif- XXI1. In case of difference between the arbitrators the de- Ene e cision of any two of them shall be final. 43 V.c. 2, 5. 21. Roll changed = XXII. The roll containing the classification shall be amend- award. ed, changed or corrected according to the award of the said arbitrators, and the same shall stand amended, changed and corrected accordingly ; and such amendments, changes and cor- rections shall have the force and effect of law. 43 V. ¢. 2, s. 22. Coststobeap- XXIII. The costs of the said arbitration shall accompany Oy inesoun. the award and be subject to the approval of the Lieutenant- cil. Governor in council, and the said arbitrators shall determine who shall pay the same. 43 V.c. 2, s. 23. qa apie ction XXIV. Inany action brought for any act, neglect, or default. ‘in any matter done or omitted, under color of this Act, the de- ‘fendant may plead the general issue, and thereunder give this Act and any special matter in evidence. 43 V.c. 2,8. 24. Preamble. XXYV. And whereas the undertaking and completion of drain- age works aforesaid,and the constructionandimprovement of the leading highways in this Province, are essential to the develop- ment of its agricultural and commercial resources, and would greatly promote the material prosperity of all of its inhabi- tants; and in accomplishing these objects, it is requisite that local and individual effort should be subvented by the govern- ment, and, to enable the government to do this, necessary that it should be put in possession of a sum not exceeding the sum of four hundred thousand dollars: it is therefore expedient to. FOREIGN CORPORATIONS. Chap. 30. 425 make provision for the raising of a sum not exceeding four untied thousand dollars ; theretbre, it shall be lawful for the itharay i Lieutenant-Governor in council to authorize and empower the Pital. Provincial treasurer to withdraw from the government of Can- ada, the balance of the capital now standing at the credit of this Province, under 33 Vict. cap. 3, section 24, and 36 Vict. cap. 30, section 1, being the sum of three hundred and ninety- three thousand and sixty dollars and eighty cents ; and there- upon, it shall and may be lawful for the said treasurer to with- draw the said capital so at the credit of this Province as afore- said ; and he shall place the same into, and the same shall form part of, the consolidated revenue fund of this Province ; and thereupon the same shall be subject to the control and disposi- Shallform | tion of the Legislature of this Province to and for the purposes selidated in the preamble to this section set forth. 43 V.c. 20, s. 1. XXVI. The moneys in the next preceding section mentioned, Corrado” forming part of the consolidated revenue of this Province, shall, by the Legislature of this Province, in due form of law, be appropriated to, and by the Lieutenant-Governor in council shall be expended and laid out in or towards the drainage of the low lands, and the construction and improvement of the leading highways, in this Province. 43 V.c¢. 20,8. 2. XXVII. A general return of all expenditures under this Act shall be laid before the Legislature in the first week of each session. 43 V.c. 2,5. 26. XXVIII. This Act may be cited as “The drainage Act.” 43 V.c. 25. CHAPTER XXX. An Act to authorize corporations and other institutions incor- .porated out of this Province to lend and invest moneys in this Province. Preamble. Notice to be given in Manitoba Gazette Any institution incorporated: under of issue of license, s. 4. laws of Great Britain, etc., s, 1. Provincial secretary may issue license Certified copy of charter to be filed— on compliance with Act, s. 5. also power of attorney, s. 2. License may be obtained by company Process may be served by officer of| ‘when approved by Governor in company, s. 3. councjl, s. 6. \ WHEREAS it would greatly tend to assist the progress of Preamble. public improvements now going on within the Province of Manitoba, if facilities were afforded to institutions and corpo- rations incorporated out of the Province of Manitoba for the purpose of lending moneys, to lend money within the Province ; and with that object in view, it is expedient to confer on such 426 Chap. 30. FOREIGN CORPORATIONS. institutions and corporations powers to contract, and also to hold as security lands within the Province of Manitoba ; there- fore, \ Her Majesty, by and with the advice and consent of the Legislative assembly of Manitoba, enacts as follows: Any institu: ]. Where any institution or corporation duly incorporated tion incor- porated under under the laws of the Parliament of Great Britain and Ireland, the laws of in or of the Dominion of Canada, or the laws of the late Province joay receive of Canada, or any of the Provinces of Canada, for the purpose Provincial of lending or investing moneys, may apply for and reeeive a secretary to : Boh ae . carryon __ license from the Provincial secretary, authorizing it to carry Manes: inna on business within the Province of Manitoba, to transact any may bave —_ loaning business of any description whatever within the said powers. Province of Manitoba, in its corporate name, except the busi- ness of banking, and to take and hold any mortgages of real estate, and any railway, municipal or other bonds of any kind whatsoever, and on the security of which may lend its money, and whether the said bonds form a charge on real estate with- in the said Province or not, and also to hold such mortgages in its corporate name, and to sell and transfer the same at its pleasure, and in all'respects to have and enjoy the same powers and privileges with regard to lending its moneys, and trans- acting its business within the said Province as a private indi- vidual mignt have and enjoy, so far as may be within the Provided such legislative authority of this Province: provided such corpora- ‘poration a a a = shall sell any tion shall sell or dispose of any real estate to which it may poets **" acquire a title in fee simple by foreclosure, or by the release of foreclosure the equity of redemption therein, within five years from the oars from. date of such foreclosure, and any real estate which may not, foreclosure. Within the said period have been disposed of as herein requir- ed, shall be forfeited to and become vested in the crown. 40 V.c¢. 15,8.1; 43 V.c. 19,5. 1. Certified copy IT. Every company obtaining such license as aforesaid, shall, be filed, also before the commencement of such business, file in the office of Peorney the Provincial secretary of Manitoba a certified copy of the signed, ete. charter, Act of incorporation, or articles of association of such company, and also a power of attorney to the principal agent or manager of such company in the sa:d Province of Manitoba, signed by the president or managing director and secretary thereof,and verified as to its authenticity, by the statutory declar- ation of the principal agent or manager of such company, or of any person cognizant of the facts necessary for its verification, Declaration. which power of attorney must expressly authorize such agent or manager within the said Province, to accept process in all suits and proceedings against such company in the Pro- vince, for any liabilities incurred by such company therein, and must declare that service of process on such agent or man- ager for such liabilities, shall be legal and binding on such company, to all intents and purposes whatever, and waiving all claims of error by reason of such service. 40 V.c. 15,8. 2. FOREIGN CORPORATIONS. Chap. 30. AQ7 ¢ IIL. After such certified copy of the charter, and such power iaeeen of attorney are filed, as aforesaid, any process in any suit or eee proceeding against such company for any liability, may be Incorporated served upon such manager or agent in the same manner as process may be served upon the proper officer of any company incorporated in the Province, and all proceedings may be had thereupon to judgment and execution, in the same manner as in proveedings in any civil suit in the Province 40 V.c. 15, 8. 3. IV. Every company obtaining such license as aforesaid, shall Pug, nonige to forthwith give due notice thereof in the M anttoba Gazette, and Celel Cette, in at least one newspaper in the county, city or place where liceyse. the principal manager or agent of such company in the Pro- vince transacts the business thereof, for the space of one calen- der month, and the like notice shall be given when such com- pany shall cease, or notify that they cease, to carry on business within the Province. 40 V.c. 15,8. 4 V. The Provincial secretary of Manitoba may, if he see fit, Sa i j resai i i i i may issue li- issue such license as aforesaid, on being furnished with evidence may Jone At of the due incorpcration of the company applying for such dence of aue . license, under the laws of the Imperial Parliament of Great Tiger laws of Britain and Ireland, or of the Dominion of Canada, or the laws Great Britain, of the late Province of Canada, or any of the Provinces of the Dominion of Canada, which evidence shall be a certified copy of the charter, Act of incorporation or articles of association of such company, and on being furnished with a power of attor- ney from such company to the person appointed to be the principal agent or manager of such company within the Pro- vince, under the seal of such company, and signed by the -presidert or managing director and secretary thereof, and veri- fied by the oath of an attesting witness, expressly authorizing such agent or manager to apply for such license, and the fee to be paid by such company on the issuing of such license shall be such sum as may be fixed by the Lieutenant-Governor in coun- cil: 40 Vic 15,5.5; 43 V.c.19,s. 2. VI. Any corporation or institution duly incorporated under po°cpee ea” the laws of Great Britain and Ireland, or of the Dominion of a ee Canada, or of the late Province of Canada or any of the Pro- proved Oe vinces of the Dominion of Canada, duly authorized to carry council. out or effect any of the purposes or objects to which the legis- lative authority of the Legislature, of Manitoba extends, may ‘obtain a license from the Provincial secretary with the approval of the Lieutenant-Governor in council, authorizing it to carry on its business within the Province of Manitoba on compliante with the provisions, with regard to such license, of this Act ; and such corporation or institution shall thereupon have the Dowdt ofcor- same powers and privileges in Manitoba as if the same were incorporated for the purposes thereof under the provisions of a statute of the Province of Manitoba. 48 V.c. 19, s. 3. 428 Court of Queen’s Bench con-: tinued. How styled, and what sufficient. Chap. 31. QUEEN’S BENCH. CHAPTER XXXI._ An Act respecting the STyYLE— : Court of Queen’s Bench continued s. 1. How styled, and what sufficient, s. 2. JURISDICTION AND JUDGES— Court to possess all powers of Courts of recordin England, in civil and criminal matters, s. 3. Jurisdiction, s. 3. . Of what the court may hold plea, s. 4. How matters in respect to property oe piv rights are tobe determin-| ed, 8. 4. Practice and Jaw of evidence the same as in England on 15th July, 1870, s. 4. Effect of judgment, ete., s. 5. Removal of doubts as to jurisdiction, s. 6. Wuer the court shall sit and seal, 8. Judges, style, powers, etc., s. 8. Precedence andrank of judges, s. 9. Judgments and proceedings in ‘‘ Gen- eral Court,” s. 10. Judges may sit in courts in North- West Territories, s. 11. Puisne judges, ex officio stipendiary whe aerate, must sit at Winnipeg, s. Judges must take oath, s. 13. Allissues of fact must be tried by a jury unless otherwire ordered, s. 14. Terms ofthe said court, 5. 15. Judges to appoint days on whicn they willgive judgment, s. 16. Court shall possess powers of court of chancery in England, s. 17 Court may sit out of term, s. 18. Judge may sit in court in vacation, s. 18. Powers of, right of appeal, s. 18. amnees may adjourn court in term, s. Judges may make rules for officers of]: court, s. 20. court of Queen’s Bench. PRACTICE— Judge to sit in court on Tnesday, s. 21. Business to show whether before sin- gle judge and whom, s. 22, Judges shall sit in chambers. s. 23. Civil actions entered for trial as here- tofore,s. 24. Verdict of judge in chambers, s, 24. Judge sitting alone in chambers poss- esses allthe powers ofcourt, s. 25. Judge in chambers to dispose of inter- pleader issues*and garnishee sum- mons, Ss. 26. Judge may at any time order execu- tion or stay execution, s. 27 Defendant may plead to action on judgment, s. 28. Jury trial in civil cases, s, 29. Examination of parties on pleadings, ete., s. 30. Pxecution may issue on judge’s order’ s. 38l. Service of writs, etc.,s. 32. Who agent within this Province, s. 33.- What corporation within jurisdiction, 8. 34 Substitutional service, s. 35. TRIALS AT BAR— « Trials at Lar, how obtained, s. 36. On the part of the crown, Ss. 37. J em appoint day of trial at bar, s. CLERKS— Clerks of court, and other Officers, ap- pointment of, s. 39. ‘ Duties, ete.,s. 39. Clerk, how styled; powers, etc.,s. 40. Salaries how determined, s. 40. Long vacation—attendance at office, s. 41. Clerk to see that papers are properly stamped, s. 42. = Neither clerk nor any one else to take . fees, s. 43. vty of clerk In chamber proceedings, s. 44. Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : STYLE OF COURT. I. Her Majesty’s court of Queen’s Bench for Manitoba shall exist and continue under the name and style of “Her Majesty’s court of Queen’s Bench for Manitoba;” and all commissions, rules, orders and regulations, granted or made in, by or res- pecting the said court, or the judges or officers thereof, now existing or being in force, shall remain and continue in force until altered, changed, rescinded or otherwise determined ac- cording to law. 34 V.c.2,8.1; 35 Vie 3,5. 1. II. The said court of Queen’s Bench shall, during the reign of a king, be called “His Majesty’s court of King’s Bench for Manitoba,” and during the reign of a Queen, “Her Majesty’s court of Queen’s Bench for Manitoba,” and in all writs, plead- “ QUEEN’S BENCH. Chap. 31 429 ings and proceedings in the said court the said court shall be sulficiently designated and described by the words, “In the King’s Bench,” or “In the Queen’s Bench,” accbrding as. the time shall be in the reign of a king or queen. 35 V.c. 3,8. 1. JURISDICTION AND JUDGES. III, The said court of Queen’s Bench is, and shall continue Gourtof to be, a court of record of original and appellate jurisdiction, Bench to pos- and shall possess and exercise all such powers and authorities powers as by as by the laws of England are incident to a superior court of jana ae record of civil and criminal jurisdiction, in all matters civil Sent {o3 Se and criminal whatsoever, and shall have, use, enjoy and exer- of record or cise all the rights, incidents and privileges as fully to all in- caiminal tents and purposes as the same were on the fifteenth day of/"™sdiction- July, one thousand eight hundred and seventy, possessed, used, exercised and enjoyed by any of Her Majesty’s superior courts of common law at Westminster, or by the court of chancery at Lincoln’s Inn, or by the court of Probate or any court in Eng- land having cognizance of property and civil rights, and of crimes and offences. 38 V. ¢. 12,5. 2. . IV. The said court of Queen’s Bench shall hold plea in all any pee and all manner of actions and suits and proceedings, cause 2o!¢Plea. and causes of action, suits and proceedings, whether at law, in equity, or probate or howsoever otherwise, as well criminal as civil, real, personal and mixed, or otherwise how- soever ; and may and shall proceed in all such actions, suits, proceedings and cases, by such process and course of proceed- ings as are provided by law; and the said court of Queen’s Bench may and shall hear, decide and determine all issues of law or of fact when the issue of fact is submitted toit by law ; and the said court may and shall decide and determine al] Gourtot | ‘ Boe : Queen’s matters of controversy relative to property and civil rights, Penes lode both legal and equitable, according to the laws existing, or es-ters relative. tablished and being in England, as such were, existed and toproperty stood on the fifteenth day of July, one thousand eight hun-tights. dred and seventy, so far.as the same can ke made applicable to matters relating to property and civil rights in this Province ; and all matters relative to testimony and legal proof in the in- vestigation of fact and the forms thereof, and the practice and Practice in a 5 ; court of procedure in said court of Queen’s Bench may arid shall be Queen’s regulated and governed by the rules of evidence and the modes eon one. of practice and proceedure as they were, existed and stood in 4B England England on the day and in year aforesaid, except as the said ie earepe : laws and the said rules of evidence, and the said practice and ea by Acts of procedure, and the forms thereof may have been already ygisatue of changed or altered, or shall hereafter be changed or altered by any Act or Acts of the Legislature of Manitoba already passed or that shall hereafter be passed, or by any rule or rules, order or orders of court, lawfully made, or that shall hereafter be made : provided, always, that nothing herein contained shall Nothing here- affect any civil right lawfully acquired or existing under the to affect civil 430 rights equ aws _ ed under Chan. 31. QUEEN'S BENCH. laws of Assiniboia, on the day and in the year aforesaid. 38 of Assiniboia Vc, 12,5. 1. atthe above date. Effect of judgments, . ete, Removal of doubts as to jurisdiction. V. The Wadena of the said court in all and singular the matters in the two next, preceding sections mentioned, referred to or intended, and the execution, writ, warrant, decree or pro- cess thereon awarded, shall have all the force and effect as, on the fifteenth day of J uly, one thousand eight’ hundred and seventy, a like judgment, execution, writ, warrant, decree or process would have had if at that’ time pronounced, made or issued by, in, or from any of the courts in England, mention- ed in the third section of this Act. 34 V.c. 3, i ; 88 V. c 12, secs. 1, 2. VI. For the purpose of removing doubt and ambiguity it is declared and enacted that the said court of Queen’s Bench shall have the like jurisdiction and powers as by the, laws of England were on the fifteenth day of July, one thousand eight hundred and seventy, possessed and exercised by the court of chancery in England, in respect of the matters hereinafter en- umerated or referred to, that is to say : (1.) In case of fraud and accident; (2.) In all matters relating to trusts, executors and adminis- trators, co-partnerships and ‘accounts, , mortgages, awards, dower, infants, idiots, lunatics, and their estates ; (3.) Staying of waste ; (4.) Compelling the specitic performance of agreements and contracts ; (5.) Compeiling the discovery of concealed papers or evi- dence, or such as may be wrongfully withheld from the party claiming the benefit of the same ; (6) The preveriting of the multiplicity of actions or suits ; (7.) The staying of proceedings at law prosecuted against equity and good faith ; (8.) The decreeing of the issue of letters patent from the crown to rightful claimants ; (9.) The decreeing of the repeal and of the making void of letters patent issued erroneously or by mistake, or improvi- dently or through fraud ; (10.) The administration of justice in all cases in which there exists no adequate remedy at law ; QUEEN’S BENCH. Chap. 81. 431 (11.) The like equitable jurisdiction in matters of revenue relating to the Province of Manitoba, as the court of Exchequer in England possessed ; (12.) The pleading in bar of equitable defence set up and decided at law ; (13.) The granting of injunctions to stay waste in a proper case, notwithstanding that the party in possession claims by an.adverse legal title ; (14.) The awarding of damages, if the court shall see fit so to do, in all cases in which the court has jurisdiction to enter- tain an application for an injunction against a breach of any covenant, contract or agreement, or against the commission of any wrongful act, or for the specific performance of any coven- ant, contract or agreement, in addition to or in substitution : for, injunction or specific performance ; and such damages may be ascertained by the court or in such manner as the court shall direct, or the court may grant such other relief as it may deem just ; e (15.) The trying of the validity of wills and testaments, whether probate has been granted or not, and the pronouncing of them void for fraud or undue influence or otherwise, in the same manner and to the same extent as the court has jurisdic- tion to try the validity of deeds and other instruments ; (16.) The decreeing of alimony to any wife who would be entitled to alimony by the law of England, or to any wife who would be entitled by the law of England to a divorce and to alimony as incident thereto ; or to any wife whose husband lives separate from her without any sufficient cause, and under circumstances which would entitle her, by the law of England, to a decree for restitution of conjugal rights; and alimony, when decreed, shall continue until the further order of the court ; ! (17.) The granting of relief against forfeiture for breach of covenant to insure, where no loss has been sustained,and where breach occurred through accident or mistake or otherwise, without fraud or gross negligence. VIL The said court shall sit at the city of Winnipeg, in the Where the Province of Manitoba, and the seal as at present in use shall be sit and seal. and continue to be the seal of the said court ; which said seal, however, may, from time to time, be renewed, changed or alter- ed, or a new seal substituted therefor, by order of the Lieuten- ant-Governor in council. VU. The said court shall consist of a chief justice, who Judges, style, shall be styled “The Chief Justice of Manitoba,” and two P™™* °° puisne justices, who shall be called and be the judges of the said court ; and the said court may be holden by any one or 432 Chap. 31. QUEEN’S BENCH. more of the said judges in the absence from court of the others; and the chief justice and justices of the said court shall have, use, exercise and enjoy all the powers, rights, incidents, privi- leges and immunities of a judge of a superior court of record, and all other powers, rights, incidents, privileges and ‘immuni- ties, as amply and as fully to all intents and purposes as the same were, on and prior to the fifteenth day of July, one thousand eight hundred and seventy, used, exercised and en- joyed by any of the judges of any of Her Majesty’s superior courts of law or equity in England mentioned in the third section of this Act. "Precedence IX. The chief justice of the said court of Queen’s Bench judges. shall have rank and precedence over all other judges of any court in Manitoba; and the puisne judges of the said court shall rank and take precedence, between themselves, according to the seniority of their appointment. 35 V.c. 3,8. 2. Judgments X. All cases pending in the “general court,” and all pro- ings fn gen ceedings Neate ion ee to, an at the date of the ongait eral court.” ation of the said court of Queen’s Bench ¢which supersedes the said “general court”), are transferred to, and shall be deem- ed to be, judgments and proceedings in the said court of Queen’s Bench, and may be treated and carried on, and final process may thereon be issued as if judgment had been ob- tained or proceedings had been commenced in the said court of Queen’s Bench. 34 V.c. 2,8. 40. Judges may XJ. It shall be lawful for the chief justice and the puisne in north-west judges of the Queen’s Bench, or any one of them, to hold, in or territories. for the North-West territories, any court or courts which may be created under the authority of the Governor-General, or of _ any Act of the Parliament of Canada, and, in or for such terri- | tories, or in respect of matters arising or transpiring therein, to discharge all such judicial functions as may be assigned to them, or one or more of them by the Govérnor-General or the Parliament aforesaid. 35 V. c. 3, s. 36. Judges ex of'- XII, The puisne judges of the court of Queen’s Bench shall cease be at officio stipendiary magistrates throughout the Province, trates; puisne and, with that view, they shall make arrangements for the at- side at police tendance, alternately, of one of them at the police station at ; Winnipeg, at such stated periods as the Lieutenant-Governor in council shall, from time to time prescribe; and they shall take all examinations and hear all cases which can be taken or heard before a stipendiary justice, or any two or more jus- tices of the peace. 35 V.¢. 3,8. 37; 35 Vic. 4,8. 3. Judgeto take = XITI. Every judge of the court of Queen’s Bench for the ‘ Province of Manitoba, previous to entering upon the duties of his office, shall take the following oath, to be administered to the chief justice of the said court by the Lieutenant-Governor in council, and to the puisne judges in open court by the chief QUEEN'S BENCH. Chap. 31. 433 justice of the court: “I ___ do solemnly and sin- eee “ cerely promise and swear, that I will duly and fairly, and to “the best of my skill and knowledge execute the powers and “ trusts reposed in me (as chief justice or one of the puisne “ judges) of the court of Queen’s Bench ; so help me God.” 36 Vie 5, 8 1 7 ° : sos . : All issues of XIV. All issues of fact in civil cases, in actions and proceed- (104 sn oi? be ings at law, shall be tried by a jury according to the law and ticdbyajury practice in that behalf, unless the said court, or the chief jus- otherwise de- tice, upon application being made before trial, direct or de-°"" cides that the issue or issues shall be tried and damages assess- ed without the intervention of a jury: provided always, that in actions of libel, slander, criminal conversation, seduction, breach of promise of marriage, malicious arrest and malicious F prosecution, all issues and questions of fact which might here- aon a y tofore have been tried by a jury, shall be tried by a jury, un- when record less the parties in person,or by their attorneys or counsel, be tried by a waive such trial ; and a jury fee shall only be required to bety'évery case paid when the record is entered to be tried by a jury ; and }obe trled by provided further that in every case intended to be tried by amctstale jury, the plaintiff in his declaration or replication, or the de-a jury in his fendant in his plea or rejoinder, shall state that he requires a¥,jce’ wise cause jury, otherwise the cause shall be entered to be tried by a Shall be tried by judge. judge. 38 Vic. 12,5. 4 erat TERMS. XV. The said court of Queen’s Bench shall sit in bane dur- foe rs ing four terms every year, that is to say, during Hilary, Easter, Trinity and Michaelmas; Hilary term shall commence on the pany ee first Monday in February, and end on the second Saturday 3 first ee . s 8 following ; Easter term shall commence on the first Monday in Wanna? in Monday in June and end on the second Saturday following ; Trinity term August, frst shall commence on the last Monday in August and end on the November. second Saturday following ; and Michaelmas term shall com- mence on the first Monday in November and end on the second Saturday following ; and the said court, so sitting as aforesaid, shall hear and determine all applications for new trials, all questions or issues of law, all questions or points re- served for the opinion of the court, all appeals or motions in the nature of appeals, all petitions and all other motions, mat- ters or things whatsoever, which shall be lawfully brought be- fore it, according to the laws and practice in England, when not specially changed, altered or provided for by the laws of this Province, or the rules or orders of the said court now made, or that shall hereafter be made in that behalf. 38 V. c. 2,38. 3. ; u . = wy Judges to ap- XVI. The judges of the said court may, during such term, pomt days on appoint one or more days within three weeks next ensuing Which they the last day of such term, on which they will give judgments ; Judgment. 28 434 Chap. 31. QUEEN'S BENCH. and the said court on the day or days so appointed or on some further day to which it shall adjourn, may sit'in banco for the purpose only of giving judgments, and of making rules and orders in matters previously moved and argued in the said court ; and all judgments, rules and orders pronounced and made on such day or days shall have the same effect as if pro- nounced or made in term time. 38 V.c. 12,5. 6. oo XVII. The said court of Queen’s Bench shall possess the Bench shall same powers, authorities and jurisdiction as the court of chan- ofeourtor cery in England possessed on the fifteenth day of July, one chancery. thousand eight hundred and seventy. 38 V.c. 12,8. 7. Sonrt may sit XVIII. The said court may, in its discretion, hold sittings bane. in bane out of term, by virtue of a rule or order of the court in that behalf to be made in or out of term by the chiet justice, for the hearing and disposition of any or all of the matters in the fifteenth section mentioned, or of any and all other mat- ters or things within the jurisdiction of the said court ; and all proceedings, judgments, rules, orders or decrees, had, taken, pronounced, made, done or issued, shall have the same force and effect as if had, taken, pronounced, made, done, or issued in term, and shall be binding upon all parties thereto :. provid- ed always, that in any matter brought or pending before any e in the vacation between terms, the judge may an- Judge may sit one jud in court in * a ys tage : vacation, | nounce that he is, in. considering the matter, sitting in court, and thereupon he shall, in the said matter and in all matters and things connected therewith, have, possess, exercise and enjoy all the rights, powers and privileges of the said court in bane, and his decision, judgment and disposition of the said matter before him, and all rules, orders or decrees made thereon, shall have the same force and effect as if made, had, done or issued by the said court in term, and may and shall be enforced accordingly ; but all the proceedings, judgments and decisions, and all rules, orders and decrees in this proviso mentioned, shall be subject to appeal to the said court sitting am bane in the next succeeding term; and the said judge, or any other judge, may, on a proper case being made for that purpose, and on such terms as to him shall appear just and reasonable, order a stay of proceedings until the said appeal shall have been heard and disposed of at the time and in the manner aforesaid. See On XIX. The said court in banc, during term, may, if the busi- ia term. ness before the said court justifies the proceeding, in its discre- tion, adjourn the said court from time to time. PRACTICE. See XX. The judges of the said court of Queen’s Bench, or any ior oiseatsior two of them of whom the chief justice shall be one, may, from ‘ time to time make all such genera] orders or rules as may seem expedient for regulating the offices of the officers of the said court, and for prescribing and securing the due perform- QUEEN’S BENCH. Chap. 31. “A835 ance of their duties, and for settling the forms and the practice and procedure, and adapting them to the circumstances of this Province ; and more especially the nature and form of the pro- cess and pleadings, the taking, publishing, using and hearing of testimony, the examination of parties to suits or actions, viva voce or otherwise, the allowance and amount of costs, and every other matter and thing deemed expedient for better ob- taining the ends of justice with dispatch and inexpensively, and advancing the remedies of suitors, and may, from time to time, suspend, repeal or revise any such orders or rules; but no such orders or rules shall have the effect of altering the principles or rules of decision of the said court. 39 V. ¢. 12, s. 10. XXI. One of the judges of the said court shall sit in open Judge to sit in court on Tuesday in each week, or such ther day as the court day jn each or a judge shall appoint for that pur poo as well in as out of “°°™ term, except during the long vacation, and except during the period from the twenty-fourth day of December to the sixth day of January thereafter, both days inclusive, for the purpose of disposing of all court business which may be brought before the said court, and which may, in the discretion of the pre- siding judge, be properly transacted by him, including the trial of all issues and the hearing of all cases which may be set down for trial or hearing on that day; and, while so sitting in court, such judge shall have, exercise and enjoy ‘all the powers and authorities of the full court: provided, that if the said Tuesday shall be a holiday the said court shall sit, as, aforesaid, on the next succeeding juridical day : provided, al-. ways, that all judgments, decisions, rules, orders and decrees. given, pronounced, granted and made by a single judge, under this section, shall be subject to re-hearing or appeal, or to. motion to the said court in term or other sitting of the court. at which at least two judges shall be present and preside, upon. such terms as the said judge, or any other judge shall, under the circumstances, think just and proper, XXII. In all cases where it can conveniently be so done, To show on wherein the proceedings in the next preceding sections men- the Talo, or- tioned are before a single judge, the rules, orders or decrees der ett De by him made or granted shall, if practicable, show on their Judge. face that the business was carried on, or the rule, order or de- cree made, by and before a single judge sitting in court. XXIII. The chief justice and the judges of the said court Judges shall shall in rotation, or otherwise, as they may agree among them- “a selves, sit in chambers, and there transact any such business as may be to be transacted by a single judge out of court, sub- ject to the right of appeal to, and of revision by, the court in term or other sitting thereof. XXIV. All civil actions and suits in the court of Queen’s Civil actions Bench may be entered for trial at the sittings of the court of ini en hehe nist pilus according to the practice in that behalf: provided, *"°- 436 Proviso. Fight days’ notice. Verdict7of judge in chambers to have same effect as at nisi prius. Judge sitting alone in chambers possesses all powers of court. _Appeal. Chap. 31. QUEEN’S BENCH. however, either party to any action, so soon as issue is joined and the same is ripe for trial or hearing, may at any time there- after, give to the other party, whether plaintiff or defendant, the usual eight days’ notice of trial or hearing of the cause, to take place before and by a judge on a Tuesday as aforesaid (provided the said action or suit be not included in the excep- tions contained in the fourteenth section of this Act and a Judge shall not have ordered otherwise) ; and the same shall be tried by a judge sitting in court as aforesaid at the time men- tioned in said notice of trial or hearing, or so soon thereafter as the same can conveniently be tried or heard, or at’ such other time or times as a judge shall from time to time appoint, or to which he may postpone the trial “or hearing of the same in whole or in part ; and.such trial or hearing and the verdict or judgment thereon rendered shall have the same force and effect, and be subject to the same incidents in all respects as a trial or hearing and verdict or judgment at the sittings of the full court, or otherwise ; and the judge so sitting and trying or hearing the said cause, shall have, possess, exercise and en- joy all the powers, authorities, rights, privileges, immunities and incidents of the full court sitting in term ; and he shall have power and authority to order that judgment shall be en- tered upon any verdict so rendered by him, at such time as to him shall, under the circumstances, seem proper and just ; or if he shall see fit so to do, to order a stay of proceedings upon such terms and conditions as shall to him seem just to enable either party to move the court in term, or otherwise, on any proper exceptions taken, or questions raised on the trial or hearing of the cause, and may, in any case, order all proper rules, orders, decrees and other process to issue ; and any judge so sitting for the trial or hearing of causes may, with the like power and authority, order any cause, issue or matter entered’ for trial, to be tried or heard by a judge at any time he may appoint, or at any time of which proper notice shall be given, subject to the terms, conditions and incidents mentioned in this section in reference to trials and hearings before a judge sitting in court as aforesaid. 39 V.c. 2,5. 2. XXV. A judge sitting alone in chambers during term time, or, during the interval between the said terms, if he shall an- ounce that he is sitting in court, shall have, possess, exercise and enjoy all the powers and authorities, right, privileges, im- munities and incidents of the said court ; and any judgment given, or decision, or determination, or rule, order or decree made by him while so sitting as aforesaid, in respect of any matter lawfully brought before him, shall, subject to the pro- visions contained in the proviso in the twenty-first section of this Act, and subject to such terms and conditions (if any) as the judge may think reasonable to impose, be appealable to, and subject to be moved against in, and to be reviewed by, the court in term, or other sitting thereof, and by it to be changed, altered, modified, reversed or set aside. 30 V.c. 2,5. 4 XXVI. A judge in chambers shall have power and author QUEEN'S BENCH. Chap. 31. 437 ity, if he shall think fit so to do, on the return of an inter-J7gge 4, , pleader or garnishee summons, to hear, determine and finally dispose of dispose of any issues that may be thereupon raised ; and if he issues and shall find it expedient so to do, in order to enable the parties {immons, or either of them to such issue to prepare for the trial thereof, to fix a day at which such trial shall take place, and nay, from May fx day time to time, postpone such trial in whole or in part, as justice may require, and shall finally determine and dispose of the ’ same by his order in that behalf, subject to appeal to, and to - be moved against in, the court in term, as provided in the pro- viso in the twenty-first section of this Act. 39 V.c. 2.5. 5. XXVII. No declaration or pleading after declaration, shall No declars "2 be filed or served between the first day of July and the twenty- or served be-: first day of August (both days inclusive) in any year; and the twanistJuly parties to any cause shall be respectively entitled to the same August. number of days after the twenty-first day of August, to plead or answer to any pleading filed and served betore the first day of July, to which they would be entitled had this provision not been made: provided always, that notwithstanding any- Proviso. thing in this section contained, it shall be competent for a judge, on a proper case of urgency being shown and made out before him, on.summons served upon the opposite party, his attorney or agent, or without such summons, to order that the subject matter of any action, suit or proceeding, and the said action, suit or proceeding shall be proceeded with, heard, tried and determined in court or in chambers as provided in the twenty-fourth section of this Act: and provided further, that, She Pe in any case, it shall be lawful for a judge, at any time, whether der execution in vacation or not, to order immediate execution on any judg- Hasire lose! ment, if it shall appear that by the delay prescribed by the >Y dlay- law, the judgment creditor will likely lose or be in danger of losing his judgment debt ; and in any case and at any time a judge may order that execution may not issue, provided the judgment debtor shall forthwith give security to the satisfac- tion of the judge or of the clerk of the court, that he will pay the judgment debt and costs, or otherwise make out a reason- able ground for the action and order of the judge. 39 V.c. 2, 8. 6. XXVIII. It shall be lawful for any defendant or defendants Tefonaany os in any action brought against him or them in any court in this action on Province, upon a judgment obtained in any court out of this ™°™* Province, or upon a foreign judgment, to plead to the action on the merits, or to set up an’ defence which might have ‘been pleaded to the original cause of action for which such judgment has been recovered : provided always, that the opposite party Proviso. shall be at liberty to apply to the court or a judge to strike out any such plea, upon the ground of embarrassment or delay. 39 V.c. 2,5. 8. XXIX. For the trial‘of issues of fact in civil cases there Jury trial in shall be empanelled and sworn twelve jurors; but the verdict %!! © 1 438 Chap. 31. QEEEN’S BENCH. of nine or more of them shall be sufficient, and shall be the verdict of the jury: provided, always, that it shall be com- petent for the parties to the cause or their counsel by agree- ment, to try any such issue with a less number of jurors than twelve, provided the number be not less than nine. 34 V.c. 2,8, 24. ePersonmak- XXX, Any person in any action, suit or proceeding, filing a liabieand bill, petition or declaration or any answer, or pleading any fadge's orders Plea subsequent to a declaration, or any person whether a and examina- party to the action, suit or proceeding, or not, making any affidavit used in any action, suit or proceeding or otherwise howsoever, shall be liable, and, upon a judge’s order for that purpose, which may in the discretion of the judge be obtained ex parte or on notice, shall be compelled to submit to a viva voce cross-examination on his bill, petition, declaration, answer, subsequent pleading or affidavit as the case may be; and in examination in explanation, may be questioned directly ; which said cross-examination and examination in explanation shall be reduced to writing by the examining judge or by such per- son as shall be appointed to hear and take such cross-examin- ation and examination in explanation ; and the practice under this section shall, as near as may be, conform to the settled practice, in this respect, in proceedings in equity. 38 V.¢. 11, 8. 8. Execution, _ XXXI. It shall not be necessary in any case to make a judge’s order. judge’s order for the payment of money a rule of éourt before Issuing execution thereon, but upon filing the order it shall constitute a judgment, and execution may thereon issue as on a regular judgment obtained in the ordinary way. SERVICE OF WRITS, ETC. ee XXXII. In all civil proceedings in the court of Queen’s andother Bench in this Province, every writ of summons and every xcorperation, other writ of mesne process, and every bill of complaint, peti- how served. tion or proceeding in equity, against a corporation aggregate, and in the absence of its appearance by attorney or solicitor, all papers and proceedings in the action, suit or proceeding be- fore and to final judgment, final decree or order, and all at- taching or garnisheeing orders, summonses and _ proceedings, whether before or after final judgment, decree or order, may be served on the mayor, warden, reeve, president, or other head or chief officer, or on the township, tewn, county or city clerk, or on the cashier, treasurer, manager, secretary, clerk or agent of such corporation, or of any branch or agency thereof in Manitoba, whether the principal or head office thereof shall _ be in this Province or elsewhere without this Province, and whether such corporation shall be domestic or foreign. 41 V. ce. 10,8. 1. Wha winiLbe XXXII. Every person who, within this Province; transacts thereof with- or carries on any business for any person or partnership, com- QUEEN’S BENCH, Chap. 31. 439 : in this pany or firm not incorporated, or for any corporation, aes Province, domestic or foreign, whose chief place of business or head o is without the Province, shall, for the purpose of being fe with the writs, bills of complaint, petitions, papers an ae ceedings aforesaid, and every of them, if a judge shall - a ar be deemed the agent thereof, and service on such agent 0 : writs and papers aforesaid shall be deemed good soe - mi pect of any cause of action arising in Manitoba or in t = K _ ‘West territory, or in the district of Keewatin, any § ae e usage, custom or law to the contrary thereof notwithstanding. 41 V.c. 10,8. 2. ‘ _ i ~ What corpor- XXXIV. Every corporation aggregate or partnership com- What corpe pany; whether domestic or foreign, and whether the principal be deemed or head office thereof shall be within this Province or elsewhere jurisdiction, out of Manitoba, transacting or carrying on any business oe Manitoba, by or through any branch or,agency thereof situate within the Province, shall, in respect of any matter rs arising in Manitoba, be deerned to be and shall be within t e jurisdiction of the courts of this Province in all attachment or garnisheeing orders, summonses and proceedings, to the see extent as it would be were the principal or head office situate and being within this Province, and the seal and domicile ther F of in Manitoba, any statute, usage, custom or law, to the contrary thereof notwithstanding. 41 V.¢. 10,s. 3. XXXV. It shall be lawful for the courts in this Province, or Lawful for | for any judge thereof, on application for that purpose, on vl order substi- per grounds, upon such conditions, and in such manner as shall Pitlons: orice. seem just and right under the circumstances, to order substitu- tional or other service of all and singular the writs, bills of complaint, petitions or proceedings in equity, writs, summonses, papers and proceedings at law or in equity, attaching or gar- nisheeing orders, summonses and proceedings mentioned se. the thirty-second, thirty-third and thirty-fourth sections 0 this Act, upon all persons, partnerships, associations, companies, firms and all corporations, whether domestic or foreign, and whether domiciled within or without Manitoba, and upon all natural persons, whether iesident within or without Manitoba, whether the cause of action arose within or without Manitoba; and the service made in pursuance of any such order shall be good and effectual service and shall have the Same effect as though personally served within Manitoba; and previous ser- vice so made may be homologated by a subsequent order, any statute, usage, custom or law to the contrary thereof notwith- standing. 41 V.c. 10,8. 4 TRIALS AT BAR. XXXVI. The plaintiff and the defendant respectively, in any kc rey -action in the said court of Queen’s Bench, may in the term “”°"*™%" next after issue joined, apply to the said court for a trial in the said action at bar, and the said court, in! its discretion, upon hearing the said parties, may grant or refuse the application. 440 Chap. 31. _QUEEN’S BENCH. Qnthepart ot XXXVII. In all cases in which the crown may be actually or immediately interested, a trial at bar may be had as of right, upon, and regulated and governed by the same principles asin similar cases in England. yecees aes XXXVIII. In case any trial at bar is directed, the judges of of trial at bar. the said court may appoint such day or days for the trial there- of as they think fit, and the time so appointed, if in vacation, shall, for the purposes of such trial, be deemed and taken to be part of the preceding term ; and for any such trial the sheriff shall, in obedience to a venire facias issued for that purpose, summon a jury according to law. CLERKS. Clerk ofcourt XXXIX. The present,clerk of the said court shall continue and other Pp : officers, ap- to hold office during pleasure; and the Lieutenant-Governor pointment of. 5 2 4 s may, from time to time, remove and appoint at pleasure, the clerk of the said court and such other clerks, officers and assis- tants, as the business of the said court may, from time to time, require ; and such clerk, and clerks, officers and assistants, shall, in addition to the regular duties assigned to them, respectively, and as usually and properly appertain to their respective posi- tions, perform such other duties as the said court or the chief justice may from'time to time direct. 34 V.c. 2,58, 3. ale Fae XL. The clerk of the said court shalll be styled “ prothono- ‘powers, ete. tary,” and “clerk of the crown and peace,” or simply “ clerk,” and “ master,” according to the nature of the proceedings in the said court in which he shall intervene: in civil proceedings at law, “ prothonotary” or “ clerk”; in criminal proceedings, “clerk of the crown and peace”; in proceedings in equity, “master”; and in each capacity he shall possess and enjoy all the powers, rights and privileges, belonging to, or exercisable by the pro- thonotary, the clerk, the clerk of the crown and pleas, master and registrar, respectively, in any of Her Majesty’s courts of law and equity in England; and the said clerk shall perform all duties appertaining to his office as clerk of the said court and appertaining tothe office of prothonotary, clerk of the crown and pleas, and master and registrar, aforesaid, respec- tively ; and he and all other the clerks, officers and assistants aforesaid, shall respectivély be paid such salaries and compen- sation, and in such manner as the ,Lieutenant-Governor in council shall, from time to time, appoint and determine. VACATION. During vaca: XLI. There shall be a “long vacation” in each year, com- or deputy to mencing on the first day of July and ending on and with the attend only, twenty-first-day of August, and the said clerk of the court of ‘otherwise | Queen's Bench shall not be obliged by himself or his deputy to "attend at his office during the said “long vacation,” save and except during tie hours of from ten o’clock in the forenoon till twelve o’clock at noon, in each day during all the said time , . ASSIZE AND NISI PRIUS. Chap. 32. 44] except as aforesaid, the said clerk shall attend at his office on all legal days, during the hours from ten o’clock in the forenoon till four o’clock in the afternoon. 36 V.c. 4,8. 5. XLII The clerk of the said court shall see to it that all flere to see legal fees and charges, payable on all writs,summonses, processes, a7¢ properly proceedings, documents, papers, and matters and things what- soever, issued, moved, taken, filed, entered, had, made, done or transacted in the office of the said court, or otherwise by or through him, or the said office, or howsoever otherwise within his control or supervision, are paid in stamps according to the statute respecting law stamps, and orders in council from time to time lawfully made in that behalf. XLIII. Unless specially authorized, neither the said clerk nor Sane, cer any other person shall take for his own use or benefit, direct- ie fotake ly or indirectly, any fee or emolument whatever, save the salary which he may be entitled to by law ; and all the fees which were formerly payable upon proceedings and otherwise in tlie said office, shall continue to be payable until changed or altered according to law, in stamps, and shall continue to form part of the consolidated revenue fund of this Province, and shall be payable to the crown in stamps as aforesaid, subject to the provisions of the enactment respecting law stamps, and “the court of Queen’s Bench accommodation Act,” and orders in council thereunder, from time to time made. XLIV. The said clerk shall by himself, deputy or some offi- Duty of clerk ‘A : f J ; inchamber cer in his office attend upon the judges and pertorm all duties proceedings. appertaining to any and all chamber or other business and pro- ceedings, : CHAPTER XXXII. An Act respecting Courts of Assize and Wisi Prius and of Oyer and Terminer and General Gaol Delivery. Courts of Assize and Nisi Prius. and of; business disposed of, s. 4. Oyer and Terminer and General} By whom courts to be held, s. 5. Gaol Delivery, where and when to] Clerk of the court of Q. B. .shall be be held, s. 1. . marshall and clerk of assize, s. 6, What may be tried at the court of; A jury fee of $12 to be charged on the Assize and Nisi Prius, s. 2. entry of record to be tried by a jury Business in the courts of Oyer and in civil cases ; no charge in criminal Terminer and General Gaol De- cases. Commissions and_ special livery, s. 3. P commissions may issue, s. 8. Courts shall continue to sit until all Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : 442 Chap. 32. ASSIZE AND NISI PRIUS. Courts of * : oe . : Beasts Courts of « |, 1 Courts of Assize and Nisi Prius, and of Oyer and Terminer priut, Of OOF and General Gaol Delivery shall, as heretofore, be held, and and general Shall continue to, be held until otherwise provided by law, at gao’ delivery; the court house in the city of Winnipeg, in and for the whole Wheretobe Province of Manitoba, twice in each year (except otherwise ordered by the Lieutenant-Governor in council), namely : on the third Tuesday in the month of October, and on the first Tuesday in the month of March, without the issue of any commission therefor. 39 V.c. 2,8. 1. What maybe JT. All issues of fact and assessment of damages in all civil’ ° ae sand at actions in the court of Queen’s Bench for Manitoba, and all ‘ other proceedings, business and matters which may be lawful- ly brought before the said court, may be entered for hearing ‘and trial at the sittings of the said court of Assize and Nisi Prius except otherwise provided by law, as heretofore, accord- ing to the practice in that behalf of the court of Assize and Nisi Priys in England, except as modified, altered or changed by the laws of this Province, and the rules and orders of court lawfully made, either already enacted and passed, or that shall hereafter be enacted ‘and passed; and the same shall be heard and tried or otherwise disposed of according to law. 38 V.c. 12,8.3; 39 Vie 2,5. 2. : Ce “IIL. The said court of Oyer and Terminer and General Gaol ayer ent Delivery shall, as heretofore, and according to the practice in general gaol that behalf of the court of Oyer and Terminer and General delivery. Gaol Delivery in England, except as changed or altered by law, at the sittings thereof, hear, try, determine and dispose of all criminal offences, matters and things, and transact all other- business which may or shall be lawfully brought before it, ac- cording to law. oe IV. The said courts of Assize and Wisi Prius, and of Oyer until all busi- and Terminer and General Gaol Delivery shall not be put an ness is dispos- : 5 5 . pr ed of. end to by the intervention of a term, but at each sitting there- of shall continue until all the business before the same has been fully heard, tried or otherwise disposed of. 38 V.c. 12, 8. 3. By whom _-V. The said court shall be presided over and held by the be held. chief justice or one of the puisne judges of the court of Queen’s Bench for Manitoba, according as the chief justice shall direct ; and the said presiding judge and the said court so sitting as hereinbefore provided, shall possess, exercise and enjoy all the powers, authorities, rights, privileges and immunities possess- ed, exercised and enjoyed by the judges of the superior courts at Westminster, while sitting in the’ like court, formerly or now, granted to the said judges in commissions or otherwise possessed by them, and of the said like courts in England. 38 V.c. 12, 8. 3. courtor@.B, _ VI. The clerk of the court of Queen’s Bench for Manitoba tobemarshall shall be ea officio marshall and clerk of assize, and shall dis- ASSIZES AT PORTAGE LA PRAIRIE. Chap. 33 443 and clerk of assize. charge and perform all the duties appertaining to that po- sition : provided always that it shal: be competent for the said clerk of the said court, at'any time during the said as- » sizes, if occasion shall render it necessary or expedient, with the consent of the presiding judge, to appoint or name any one, temporarily to discharge and perform the duties of mar- shall and clerk of assize in his stead in his absence; and the said person so appointed or named shall discharge and per- form all the duties of clerk of assize, and be subject to all the responsibilities, while he so fills the position, attaching or ap- , pertaining to the same, to the like extent as the said clerk of assize would be, were he present and acting therein. VII. A jury fee of twelve dollars shall continue to be paid, A395 {5¢°* in law stamps, on the entry of each record in civil actions for cases. trial by a jury, but no charge shall be made upon any criminal trial or proceeding except in cases expressly provided for by. law. VIII. The Lieutenant-Governor in council may issue special Special com- commissions of oyer and terminer and general gaol delivery for the trial of offenders whenever he deems it expedient ; and all the said courts may be held with or without commissions, at the times mentioned in the first section of this Act, as to the Lieutenant-Covernor may seem best. 34 V.¢, 2,5. 5. CHAPTER XXXIII. Assizes at Portage La Prairie. ‘Western district designated, s. 1. house and gaol, 8. 5. Names of corporations of western dis-| Appropriation from the Province, s.6. trict, s. 2. ourt house and gaol to.be erected in Whatever done hitherto legal, s. 3. “1880, 8. 7. Hereafter affairs of corporation to be] When buildings completed money be managed as provided in municipali- paid by Province, s. 8. ties Act, 8. 4. Lieutenant-Governor to appoint judi- Council shall adopt plans for court cial officers, s. 9. Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : I. From and after the passing of this Act the sub-division of Western county of Portage la Prairie, the sub-division of county of designated, Westbourne and the sub-division of the county of Norfolk, shall be constituted a judicial district and shall be known and designated as the Western District. 42 V.c. 21,5.1; 43 Vie. 8, s. 1. II. The inhabitants of the Western District shall constitute Names of cor- ees % a 7 5 porations of municipal corporations as provided in the Act respecting mun- western dis- icipalities, 42 V.c. 21, s. 2. Fish ‘ 444 Chap. 33. ASSIZES AT PORTAGE LA PRAIRIE. qhatever 4o III. Whatever has hitherto been done by either of the cor- legal. porations composing the Western District in reference to the construction of a court house and gaol, shall be legal. Affairsofn, LV. Thereafter the corporations shall manage their affairs as provided in the Act respecting municipalities. 42 V. ¢ 21, 8. 4 Councilshall VY, The municipal council of Portage la Prairie at a meeting months adopt within three months after their election shall adopt plans and Dera Ste specifications for the erection of a court house, gaol and other offices—said plans and specifications to be approved by the Lieutenant-Governor in council, said buildings not to exceed in cost the sum of twenty-five thousand dollars—and shall esti- mate the probable cost of the same with the necessary furni- ture and appurtenances thereof, and shall further make provi- sion for raising the sum of five thousand dollars by debentures or otherwise on the real estate and personal property in the municipality of Portage la Prairie towards paying the expenses thereof. 42 V.c. 21,8. 5 STP prontias VI. Towards the cost of said buildings and expenses there shall be appropriated from the consolidated revenue fund of the Province, a sum not exceeding the sum of five thousand dollars. 42’V. c. 21,5. 6. Shall during ~=-VIJ. The council of the sub-division county of Portage la courthouse, Prairie shall during the year 1880 erect and complete the said poe court house and gaol, and other appurtenances at Portage la Prairie in said sub-division. 42 V.c. 21,8, 7. Pee VIII. So soon as the said buildings are completed and the ed, etc.,asum minister of public works shall report the fact to the Lieutenant- Bot ee pe © Governor in council, a sum not exceeding five thousand dollars Bere shall be paid to said council, and the Lieutenant-Governor shall issue a proclamation’ declaring that from a certain day therein named the said districts is set apart for judicial purposes; and thenceforth the same shall be a separate judicial district under the management and control of the municipal councils of Portage la Prairie, Westbourne and Norfolk, as to one half of the expenses thereof, which shall be a charge upon the said judicial district. 42 V.c.8; 438 V.c. 8, 5..2. Lt-Governor IX. The Lieutenant-Governor in council shall appoint all judicial -—-«- proper judicial officers, and the court of assize and nisi prius officers, ete. “and oyer and terminer and general gaol. delivery, shall sit and be held twice in every year in the court house in said district on such days as the court of Queen’s Bench at Winnipeg shall on the first days of Trinity term and Hilary term respectively in every year appoint ; and the said court shall have jurisdic- tion in all cases arising in the Western district; and the Act respecting jurors and all other Acts respecting the holding of the assizes at Winnipeg shall apply to jurors and the selection, summoning and payment thereof, and to other matters of prac- COUNTY tice in and about holding the assizes in the said district : pro- Proviso. COURT. Chap. 34. vided that the jurors attending the said assizes living within a distance of three miles from the court house shall receive for each day’s attendance the sum of one dollar, and those residing beyond three miles distance from the said court house, the sum of one dollar, and also ten cents per mile both ways in going to and returning from said assizes. 42 V. c. 21,8. 9. CHAPTER XXXIV. An Act respecting county courts. Couaty courts at passing of Act, s. 1. County courts as heretofore existing, 8.2. At what times courts holden, s. 2. How often in Selkirk, s. 3. By whom held, s. 4. New judicial divisions may be ap- pointed-by order in council, s. 5. In case of illness or absence of judge, 8. 6. . Judge may appoint deputy, s. 7. In case of absence of judge what clerk is to do, s. 8. * Clerks and bailiffs not to be acting barristers, &c., 8. 9. Lieut.-Governor in council to appoint clerks, s. 10. o Cloris and bailiffs to give security, s. Form and manner of security, s. 12. When security shall be given and when filed, s. 13. Availability of security, s. 14. In ease of absence, insolvency or death, s. 15. . Clerk and bailiffs, how paid, s. 16. ‘wien clerk may appoint deputy, s. Clerk to issue summons, «c., 8, 18. Plaintiff to furnish particulars, s. 19. Clerk to issue all warrants, execu- tions, &c., s. 20. Clerk shall, if required, submit all his acts for examination, s. 21. Clerk shall keep docket, s. 22. Clerk shall make list of moneys in hands on Ist January, s. 28. Clerk shall post up, s. 24. Move paid and remaining six years, 8. 25. Moneys, &c., in hands of clerk on re- signation, death, &¢, s, 26. Remedy when anything is wrongfully withheld, s. 27. Table of fees to be hung up in office, s. Case of non-payment of fees in ad- vance, s. 29. ee fees on execution in advance, s. 30. JURISDICTION— Gambling debt, s. 32. For spirituous liquor, s. 32. Notes given partly for gambling debt or for liquor, s. 32. Ejectment, s. 82, Action on will, s. 32. Malicious prosecution, libel, slander, seduction, criminal conversation, or breach of promise of marriage, s. 32. Actions against justices of the peace, 5 , « 82, County courts shallhave_ jurisdiction Z actions oftort and of contract, s. On contract for a sum in labor, &c., s. No privilege allowed to any person, s. A ramet may sue for $100 for wages, ins of action shall not be divided, 8. 37. Judgment for balance of account shall be in full of all account,.s 38. Certain actions may be removed by certiorari to Queen’s Bench, s. 389. PROCESS AND PROCEDURE— Judge may make rules, s. 40. Cases Bol provided for in Act, s. 41. Where action may be brought, s. 42. Service out of judicia! division, s. 43. Plaintifi’s demand to be delivered to clerk,s 44. Information to he given clerk, s. 45. Writ of summcns with particulars to be served 10 days before court, s. 46. Service, how made, s. 47. Substitutional service may be order- ed,s. 48 Postages te be pre-paid,s. 49. Mileage not to be changed beyond judicial division, s. 50. Affidavits of service to be prepared by by clerk, s. 51. Joint debtors residing in two or more divisions, s. 52. Clerk or bailiff may be sued in any court, 8. 53. aor cause of action may be stated, s. Actions, where the claim or demand is certain, s. 55. If defendant desires to defend any ac- tion, what he is to do,s. 56. Tn. oe cases judgment by default, s. Cases of set-off provided for, s. 58. Defendant to appear by himself or agent, 8. 59. 19, case delendant does not appear, s Judge may in his discretion adjourn any cause. s. 61 Judge may adjourn any cause to chambers, s. 62. : Action against two or more defen- donts, some served and some not, s. Case ot tender, money paid into court, S Where money paid into court is suffi- cient, 8. 65. What defendant may do as to pay- ment of money into court, s. 66. Duty of clerk when money paid in, s. If plaintiff recovers nothing beyond sum paid in, s. 68. Judgment in case defendant’s set-off Chap. 34, COUNTY roved,s. 69. Effect of judgment on set-off, s. 70. Writ of replevin not to avail against goods in custodia legis, s. 71. Costs in actions of the competency of the county court, s. 72, Poundage on executions, s. 73. Subpcena may issue in any case, with or without duces tecum, s. 74. Any number of names may be in sub- poena, Ss. 75. How subpcena is to be served, s. 76. What evidence judge may receive in actions on contract, s. 77. Affidavits,before whom may be sworn, s. 78. alse swearing, how tobe dealt with; Ss How decision of judge to be pro- nounced, s. 80. In any judgment judge may order stay of execution, s. 81. But stay, not over two months with- out consent, s. 82. . Judge may refer to arbitration with consent,s. 83. Compulsory arbitration, s. 84. Report on arbitration, effect of, duty of clerk, s. 85. Judge may revoke reference, s. 86. Arbitrators to administer oath to wit- nesses, 8. 87. Costs at the disposition of judge,s. No costs in action on judgment of this Province, 8. 89. In case of action against clerk or other officer, how regulated, s. 9). JURY— When jury may be had, s. 91. What plaintiff or defendant is to do when he wants a jury, s. 92. Who liable to serve asa juror, s. 93. Hoy jarers are to be selected by clerk, s. 94. Copy of voters’ list, s. 95. Piney of jurors to be summoned, s. Challenge allowcd—tales, s. 97. ee on juror tor non-attendance, s. 98. ; Serving in Co. Court not to exempt in . B., s. 99. : Five jurors to try cause—form of| oath, s. 100. A judgein any case may call a jury from body of court, s. 101. Cane in which jury cannot agree, s. 102. GENERAL PROVISIONS— In cases of cross-judgments, s. 103. When execution on all judgments may issue, s. 104. Where execution may be executed, s. 05. If debt paid before execution execut- ed, execution superceded, s. 106. Tronscript of judgment—what may be done with, s. 107. ° After six years, leave of judge before execution on judgment, s. 108. How judgment may be revived, s. 109. Death of plaintiffor defendant, s. 11). Death of one or mole plaintifis or de- fendants, s L, Where one or more of several plain- tiffs or defendants dies, s. 112. Allexecutions to be dated when issu- ed and to be returnable in 30 days, s. 11: heme of executions, how renewed, 8. : Alias, pluries and concurrent writs, cost of, 8. 115 e Registration of certificate ot judg- ment above 310, s.-116. Omission or connivance of bailiff in the case of execution, s. 117. If bailiff neglects to return execution for three days, 8. 118. . Effect of judgment against bailiff and his sureties for neglect of duty, s. COURT. of redemption in Interest or equit sold under execu- any goods may he tion, s. 120. Money, bank notes, cheques, etc., may be seized and sold, 8. 121. ast en securities to be dealt with, 8. 122. How money so recovered to be ap- plied, s. 123. Date of seizure to be noted on execu- * _ tion, s. 124. When goods may be sold, s. 125. No officer of court may buy goods, s. 6. Judge may order immediate execu- tion, s. * Orders and decision of county court before the passing of this Act, s. 128. All judgments have the effect of judgments of court of record, s. 129. REPLEVIN— Ss What may be replevied, s. 180. Before writ issues, affidavit, s. 131. In actions, no other cause of action to ibe joined, s. 132. In the case of rent, what a judge may do, s. 183. In the case of damage feasant, what he may do, s. 134. Judgment in other cases, s. 135. If defendant pay damages and costs into court, s. 186. Bond before replevy made, s. 137. Writ not to be served till proper.y or part replevied, s. 138. In case property concealed or taken away, 8. 139. When writ shall be returned, s. 140. What shall be annexed or indorsed on writ, s. 140 Inventory, s. 140. Capias in withernum, s. 141. ATTACHMENT— When attachment may issue, s. 142. tary of bailiff under attachment, s. 14 Service of writ of attachment, s. 144. ACH ns commenced by attachment, s. 145. é Where action is commenced before the issue of attachment, s. 146. Property seized under attachment to be sold under execution, s. 147. Causes of action shall not be divided, s. 148. a ease of several attachments, s. Time within which subsequent at- tachments must be sued out, s.150. In cases of attachment plaintiff must prove debt, s. 151. Property attached must be handed over to clerk, s. 152. Debtor may give bond—to operate as & swupercedas, S. Bailiff in case of seizure under execu- ee oe attachment may take bond, s. 154. In attachments, if bond not given within a month, property may be sold, s. 155. Where seizure after personal service of summons, § In cases where attachment improper- ly issued, s, 157. When cattle, ete., seized may be sold immediately, s. 158. But the clerk shall not be compelled to sell such goods without bond, s.159 Residue of money or property after sea ns judgment to be returned, na GARNISHEE— Garnishment, s. 161. Garnisheeing after judgment, s. 162. ADEGL OF service—payment into court, s. 163. Payment to any one else, s. 164. Garnishee summons to be served on primary debtor, s. 165. Hearing garnishee summons, s. 166. 119. Before judgment—-how issued—how styled, s. 167. COUNTY How served and upon whom, s. 168. Hearing and judgment, s. 169. | Proceedings in garnishee; proceedings in chambers, s. 170. 3 All parties interested may intervene, s. 17]. Ejfect of service of stop-order, s. 172. Effect of judgment for the primary creditor, s. 173. 7 Costs in the discretion of the judge, except etc., 8. 174. : Judgment shall not be given till after due service, s. 175. Garnishee may not pay till money is due, s. 176. Any person interested may apply in garnishee proceedings, s. é All persons interested may inter- vene, 8. 178. Judge may postpone or adjourn hear- ing: s, 179. Ore qa keep debt attachment book, s. 180. INTERPLEADER— Interpleader, in what cases, s. 181. When and on whose application sum- mons to issue, 8. 181. What claimant shall do as to proper- ty he claims, s. 182. oss asarule, to abide the event, s. Pending adfadieation bailiffmay take bond, s. 184. Judge may at any time in chambers hear interpleader summons, s. 185. LANDLORDS— Statute of Anne not to apply to goods taken in execution, s.186. . What bailiff is to do in case landlord) makes claim for rent, s. 187. Goods additional to be taken—may be replevied, s. 188. If rent really due and tenant do not replevy, s. 189. Judge to settle all disputes, s. 190. EXECUTORS AND ADMINISTRA TORS— Plaintiff may charge waste, etc.,s. EXAMINATION OF JUDGMENT DEBTOR— a debtor may be examined, s. Examination may be under oath; wit- nesses, 8. 193. Where examination to be held, s. 194. Costs of, s. 195. In case a party has been examined, no further examination except upon affidavit, s. 196. If party summoned does not attend, 8. 197. % A party failing to appear, s. 198. When order for commitment has heen made, what clerk shall do,s. 199. All constables may arrest under com- mitment, s. 200. COURT. Chap. 34. How party may at once be discharged, s J udge may on hearing judgment debt- or alter or vary previous order, s. 202, -. ‘Judge at trial of cause, may investi- gate facts and commit, s. 2 No protection or privilege, s. 204. Imprisonment not to impair judg- ment, s. 205. . Judgment summons returnable in “ehemanele at any time before judge, s. 206. MISCELLANEOUS PROVISIONS— Any bond given under Act may be sued in county court, s§. 207. eyery bond subject to judge's order, s. 20. Any person may Ferve papers or exe- cute process, 8. 209. Duty of bailiffor any other persons serving or executing process, 8. 210. Obligation and duty of clerk, bailiff and other officer, s. 211. Insult to judge ; penalty, s, 212. Bailiff to attend sittings of court, 8.213. If bailiffor other person acting as such be assaulted, 8. 214. If bailiff or other person acting under color of process is guilty of extortion or misconduct, ete.; remedy, s. 215. Wilful exaction of excessive fees, s. Any fine may be a judment and en- forced accordingly, s. 217. How justices of the peace may pro- ceed under this Act, s. 218. How all fines are to be applied, s. 219. No i eEeene or order vacated for form 8. 2 In no case is action to lie for defect or want of form, s. 221 In actions on the case, may plead the generai issue, ete., 8. 222. Tender of amends may be made, sg. 223. New elat OF re-hearing may be had, 8. 224. Judge to decide application, s. 3p5. APPEAL— ; In bau cases there may bean appeal, S. 226. Security to be given, s. 227. Appellant to file appeal book with elerk of Q. B., 8. 228. eeon of costs by clerk in Q. B.,s. GENERAL PROVISIONS— Amendments as to form or substance, to add or strike out parties, s. 230. Tables of fees may be moderated, in- creased, etc., s. 281. : Forms; no proceeding vitiated for Her Masesry, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : 447 L Th : “« te? J ity County courts - 1¢ courts known as “the county courts” and the limits County court and extent thereof, and the several places of holding the same holding same existing at the passing of this Act, shall continue until altered thé Act to” _by law ; all proceedings in any of the said courts duly had be- °°™%™¥*- fore this Act comes into operation, and all suits and proceed- ings commenced or begun before this Act takes effect, shall be continued and completed under this Act; and all rules and orders in force when this Act takes effect shall continue in force subject to the provisions of this Act. 42 V.ca 1,9. 1. 448 Chap. 34. COUNTY COURT. ashen IL. The county courts, as heretofore existing, shall be con- existing in ju- stituted in the several judicial divisions, as they now exist, or sions to con- as they shall hereafter, from time to time,.be changed or alter- tinue until * : alteredby ed by an order in council, made for that purpose, and duly oiitublisned” Published in the Manitoba Gazette ; and the said county courts in Manitoba shall, as heretofore, be designated. and. known respectively as “The county court of the county of Selkirk,” “The county court of the county of Lisgar,” “The county court of the-coun- ty of Provencher,” “The county court of the county of Mar- quette Kast,” and “The county court of the county of Mar- quette West,” and the seals of the several courts, shall be the seals which they now respectively have, and every process shall be sealed or stamped with the seal of the court from which it is issued ; and each of the said courts shall be held in all the judicial divisions aforesaid, except in the county of . Selkirk, not less than four times in each year, that is to say, Atwhattimes ia the county of Lisgar, on’ the third Tuesdays in February,’ courts holden May, August and November ; in the county of Provencher, on Provencher, the third Wednesdays in February, May, August and Novem- Eastanaaar-ber ; in Marquette East, on the third Fridays in February, quette West. May, August and November ; and in Marquette West, on the first Tuesdays in March and the last Tuesdays in May, August, and November. 42 V.c.1,s. 2. How often a LI. In the county of Selkirk the said court shall be held at what times six times in each year, that is to say, on the second Tuesdays “in February, April, June, August, October and December : pro- vided always that if any of the said days shall be a legal holi- day the court for that day shall be held on the next juridical day following. 42 V.c. J, 8. 3. Ey whom lV. The county courts shall be held by the chief justice, or be held. by one of the puisné judges of the court of Queen's Bench until otherwise provided by law. 42 V.c.1,s. 4 AaGwision V. The Lieutenant-Governor may, by order in council, es- gounty court tablish any new judicial division, and constitute a county pee court therein, to be called and known by such name, and to be der ofLieut.- held at such place therein, and at such times, as shall in the oenenio’'™ said order in council be designated and expressed ; and in such case the Lieutenont-Governor shall appoint all proper officers of the court so established, and make all proper pro- visions for the holding of the same. 42 V.c. 1,5. 5. In case of VI. In case of the illness or unavoidable absence of a judge illness, etc., judgemay’ assigned to hold any county court, such judge may appoint appoint Pax jssome barrister of the bar of Manitoba to act as his deputy ; and hisdeputy. the person so appointed shall, as judge of the county court dur- ing the time of his appointment, have all the powers and privi- leges, and be subject to all the duties vested in or imposed by law upon the judge by whom he has been appointed, but only in respect of matters appertaining to the county court for which he may be so appointed. 42 V.c.1,s. 6. COUNTY COURT. Chap. 34. 449 VIL. The judge, or the barrister so appointed deputy, shall Ayointment forthwith send to the Lieutenant-Governor notice of such ap-ofdepnty 19 pointment, specifying the name, residence and profession of Gov., giving such deputy judge, and the cause of his appointment ; but no ence and pro- . : j of: such appointment shall be continued for more than one month, fhuty, ana without a renewal of the like notice; and in case the said cause of ap- Lieutenant-Governor disapprove of such appointment he may Not to conti- nue for more annultthe same. 42 V.c.1,s. 7. than a month, etc. VIII. In case the judge or the acting judge assigned to hold In absence, of any county court, from illness or any casualty, does not arrive to adjourn in time, or is not, from any cause, able to open the court on °°” the day appointed for that purpose, the clerk or deputy clerk shall, after two o’clock in the afternoon, by proclamation, ad- journ the court to ten o’clock on the following day, and so on, from day to day, adjourning over any Sunday or legal holiday, until the judge or acting judge arrives to open the court, or until he receives other directions from the judge or acting judge. 42 V.c.1,s. 8. " IX. For every county court there shall be a clerk and one flere and or more bailiffs, who shall be British subjects ; but no practis- courts not to. ing barrister, attorney or solicitor, shall be appcinted clerk or risters, ete. bailiff. 42 V.cid,s. 9. X. The Lieutenant-Governor in council shall from time to Gone owe time appoint the several clerks and bailiffs of the several point clerks ° county courts, and at his pleasure remove any such clerks or“"° °*""* bailifis and re-appoint others in their stead : provided always, the several clerks of the respective county courts now holding the office of clerk, ‘shall be continued clerks under the provisions of this Act. 42 V.c.1,s.10. XI. Every county court clerk and bailiff shall give securityby Clerks and : : ‘ : . A ~” bailiffs to give entering into a bond to Her Majesty, with as many sureties, in security. such sums and in such form as the said Lieutenant-Governor in council directs, for the due accounting for and payment of all moneys received by them by virtue of their respective offi- ces, and also for the due performance of their several duties. 42 V.c. 1,8. 11. . XII. Every clerk and bailiff of a county court shall, by a ee covenant according to the form in the schedule of forms to this security and Act, or in words to the same effect, to be executed in duplicate, aehieonGee be give security with so many sureties, and being residents and S#™¢ householders within the Province, and in such sums as the said Lieutenant-Governor may direct, and as shall by the At- torney-General be declared to besufficient. 42 V.c.1,s, 12. XIII. Before any such clerk or bailiff enters upon the duties When securi- of his office, or as soon after as can reasonably be done, the Been ane covenant of himself and sureties approved as aforesaid, shall be V*re te. filed in the office of the Provincial secretary, and the duplicate 29 - 450 | Chap. 84. COUNTY COURT. original thereof shall be filed in the office of the clerk of the crown and peace for the Province of Manitoba; and for the filing of such instrument, the said clerk of the crown and peace may demand and receive from such clerk or bailiff the sum of one dollar. 42 V.e.1,s. 13. Availability XIV. Such covenant shall be available to, and may be sued upon in any court of competent jurisdiction, by any person suffering damages by the default, breach of duty,.or miscon- duct of any such clerk or bailiff ; and a copy of every such covenant certified by the clerk of the crown and peace, shall be received in all courts as sufficient prima’ facie evidence of the due execution and of the contents thereof, without further proof, 42 Vic. 1s. 14 ancase ofab> XV. If any surety in any such covenant dies, becomes resi- a or death, dent out of Manitoba, cr insolvent, the Attorney-General shall nctify the clerk or bailiff, as the case may be, for whom such person became surety, of such death, insolvency, or non-resi- dence in Manitoba, and immediately thereupon, such clerk or bailiff shall, within one month, after being notified by letter duly posted in that behalf, give, anew, the like security and in the same manner as hereinbefore provided, or forfeit his office as clerk or bailiff 42 V.c. 1,5. 15. Clerks ond tt = =XVI. The clerks and bailiffs shall be paid by fees as by this paid. Act allowed, or by salary, or by both, as shall from time to time be determined by the Lieutenant-Governor by order in council, or by Act of the Legislature. 42 V.c.1,s. 16. weeaspeint XVII. The clerk may (with the approval of the Lieutenant- adeputy. Governor in council) from time to time, when prevented from acting from illness, absence, or unavoidable accident, appoint a deputy to act for him with all the powers and privileges and subject to the like duties of the clerk, and may remove such deputy at his pleasure, and the clerk and his sureties shall be jointly liable and severally responsible for all the acts and omissions of the deputy. 42 V.c. 1, s. 17. Lat XVIII. The-clerk shall issue all summonses; which sum- mons and fur- monses shall be by him filled up, and shall be without blanks, gish copi’e— either in date or otherwise, at the time of delivery for service ; peur he shall also furnish copies of the same with all notices requir- ed by law or the practice of the court to be thereto annexed or indorsed thereon. 42 V.c. 1,8. 18. ate XIX. The plaintiff or the defendant, respectively,. shall fur- with particu- nish the clerk with the particulars of the plaintitf’s claim or mand) de- demand, and of the defendants set off, as the case may be, and Kaeatars ofthe clerk shall annex the plaintiff's particulars to, or indorse set-off, the same on the summons, and he shall in like manner annex to or indorse on the copy or copies of the summons the same particulars of the plaintiff's claim, and furnish the plaintiff when required with a copy of the said set-off. 42 V.c. 1,8. 19. COUNTY COURT. Chap. 34. 451 1 lerk to issue XX. The clerk shall also issue all warrants, precepts and Sr eatrentys writs of execution, filled up and without blank; she shall tax eee costs subject to a revision of a judge’; register all orders and all orders and judgments of the court, and keep an account of all court fees eep an ac. and fines payable or paid into court, and of all suitors’ moneys count or feeds, paid into and out of court, and shall enter an account of all Boome Reeves such fees, fines and moneys in a book to be kept by him for and when re- that purpose, which book shall be open to all persons desirous $ysh tuil ac- of searching the same; and it shall at all times be accessible counts. to a judge, who may examine the same, and all other books and accounts kept by the clerk, whenever he shall have occa- sion or deem it requisite so to do; and the clerk shall, when- ever required so to do, furnish the treasurer of the Province with all such statements of the said fees, fines and moneys, and all other matters which the said treasurer may see fit to ask. 42 V.c. 1, 8. 20. ‘ XXI. The clerk shall, if required by the Lieutenant-Gover- Clerk shall. nor in council, at stated periods, submit all such accounts as auired, sub- mit all such the Lieutenant-Governor in council shall designate to the acts for exa- treasurer for examination and andit. 42 V.c.1,s. 21. ee é XXII. The clerk shall keep a docket or procedure book in MS(i%, i ar ‘i iffe i in docket or pro- which shall be entered a note of the different proceedings ino rer or py every cause, with the date thereof; and such entries or a copy in which be thereof, certified as a true copy by the clerk, shall be admitted same in effect in all courts and places as prima fucie evidence of such en-ofsuchen. tries, and of the proceedings referred to thereby, without any by him. further proof. 42 V.e. 1, s. 22. XXIII. The clerk shall in the month of January in each Fen to ee year make out a correct list of all moneys belonging to suit-in court in ors in the court, which have been paid into court and which ja{menth of have remained unclaimed for six months before the last day of fansmit to the month of the preceding December, specifying the names of the plaintitf and the defendant in the suit in which, or where there is no suit, on whose account the same were so paid; and in the said list he shalldistinguish such moneys, if any, as have been paid in upwards of six years before the said last day of December ; and shall transmit such list to the said treasurer. 42, V.e.1, s. 23. i XXIV. The said clerk shall post up and keep posted a copy Cure) . . . . . x POS Up Ap of such list in his office, and during court hours in some coii- keep rosted 1 . . S > in his office spicuous part of the court room or place where the court is ee oun held. +42 V.c. 1, 5. 24 list. X.XYV. All sums of money which have been'paid into court All moneys ‘to the use of any suitor,-and which have remained for the per- Pea. iod of six years after the same were paid into court or to the ee officer thereof, including all sums of money so paid into court shall be paid . * Y nto ele when this Act takes effect, or afterwards in the hands of the society of Ma- . “4: es 3 be itoba, ae or is see ae ae to the officers thereof, to cases ofinian- 2 USC OF an suitor Q mes 4 a ae CY fem covert i Y suitor snail, uw unclaimed for the period of six °Y {t- covert, 452 Chap. 34. COUNTY COURT. Tore time years after the same were so paid, be applicable as part of the “law society fund” and be carried to the credit of such fund, and be paid over to the treasurer of the Province for the pur- pose aforesaid ; and no person shall be entitled to claim any sum which has remained so unclaimed for six years : provided, always, that-no time during which the person entitled to claim such sum was an infant, a feme covert or of unsound mind, shall be taken into account in estimating the said six years. 42 V.e.1, 8. 25. Alfjaccounts, XXVI. All accounts, moneys, books, papers and other mat- moneys-ete., ; Pe - 1 ee inhanas of” ters in the possession of the clerk, by virtue of or appertaining a eee to his office, shall upon his resignation, removal or death, im- tion, removal i R rn ° 1 Oe aeate pot mediately become the property of the treasurer of the Province, come the pro- who shall hold the same for the benefit of the public, until the erty o : . treasurer for appointment of another clerk, to whom he shall deliver over ing peneat ofthe same, but not until such clerk and his sureties shall have: shall deliver executed and filed the covenant in manner hereinbefore pro- the sameover ~~ x Pe : . ‘ tothe sue- vided, except the Governor in council shall otherwise ordevr. SESSA Yc Uy B20. Remedy ™. XXVIT. Any person wrongfully getting or holding posses- thing apper- Sion of any such accounts, moneys, books, papers, or matters taining to the aforesaid, or any of them, shall forthwith deliver them to the is, wrongfully said treasurer or to his order, and upon the application of the j , clerk or bailiff or treasurer to any judge, showing by affidavit to the satisfaction of such judge, that a person has obtained or holds such wrongful possession thereof, such judge shall make wn order authorizing a writ of attachment to issue, and an at- tachment shall torthwith issue for the arrest of such person, out of the court of Queen’s Bench, directed to the proper sheriff in that behalf, and thereon such person shall be arrested, and shall be committed to the common gaol, there to remain with- out bail until the court of Queen’s Bench, or one of the judges thereof, shall be satisfied that such person has not and never had nor held nor holds any of the matters aforesaid, or that he has fully accounted for, or delivered up the same to the pro- per person in this behalf, or until he be otherwise discharged by due course of law. 42 V.c¢.1, s. 27. “Tables of fees XXVIII. The fees of the clerks and bailiffs of the courts oie vee “and of the witnesses attending the said courts and of jurors hives and appraisers shall be those set down in the table of fees to this Act, and lettered respectively, A.B. and C.; and a table of such fees shall be hung up in some conspicuous place in the offices of the several clerks ; and the fees upon every proceed- Allfees to being shall, on or before such proceeding be taken, be paid in PA ance: the first instance by the plaintiff or other person at whose in- stance the same takes place. 42 V.c. 1,5. 28. Case ofnon- XXIX. If such fees are not paid in the first instance by the Ravance, plaintiff or party on whose behalf such proceeding is had, the payment thereof may, on the application of the clerk, by order COUNTY COURT. Chap. 34. 453 of any judge, be ordered to be entered up as a judgment poeeioel against the party liable to pay the same, at the suit of the upon of judgr clerk, without any formal or other procceding, and: the same any, party Or shall be entered in the procedure book accordingly, in like to pay same. manner as a judgment of the court in ordinary cases, and exe- cution and other proceedings may issue and be taken thereon for the recovery of the amount of the said judgment, as in any judgment in the said court. 41 V.¢. 1, s. 29. i i i iliff ’s Bailiff’s fees XXX. At the time of the issue of execution, the bailiff’s Bailif’s feos fees thereon shall be payable to the clerk, and shall by him be in advance to paid over to the bailiff upon the return of the execution, and °°? not before ; but if the bailiff should not become entitled to any How disposed fees, or should be entitled to a part only of such fees, the whole © or residue, shall, on demand, be by the clerk repaid to the plaintiff or party from whom the fees were received. 42 V.c. 1, s. 30. XXXI._ If the bailiff neglects to return any process or exe- Penalty on | cution within the time required by law, he shall for each such returning @x-, neglect forfeit his fees thereon, and all fees so forfeited, shall process ac- be held to have been received by the clerk, who shall keep a ¢ordins to special account thereof, and account for and pay over the same to the treasurer of the Province to form part of the “law soci- ety fund.” 42 V.c¢.1,s. 31. JURISDICTION. XXXII. The county courts shall not have jurisdiction in any T"stction. of the following cases : (1.) Actions for any gambling debt; Gpeeling (2.) Actions for spirituous or malt liquors drunk ina tavern, Spirituons 1i- q : uor drunk in hotel, saloon or alehouse ; tavern, ete. (3.) Actions on notes of hand given wholly or partly for a Nols given gambling debt or for spirituous or malt liquors drunk in ee tavern, hotel, saloon or alehouse ; " (4.) Actions of ejectment, or actions in which the right or ee ee title to any corporeal or incorporeal hereditaments, or any which here- toll, custom or franchise comes in question ; gia: eotie tit question. _ 6.) Actions in which the v-i idity of any devise, bequest or Soe limitation under any will or s-itlement may be disputed ; ormay be” disputed. ; (6.) Actions for malicious prosecutions, libel, slander, crim- ane inal conversation, seduction or breach of promise of marriage ; prosecution, ‘ 5” eriminal con- versation, etc. (7.) Actions against a justice of the peace cr other peace offi- Justice of the cer for anything done by him in the execution of his offica, if beace ofocs” he objects thereto. 42 V. ¢.1, s. 32, : ogee 454 Chap. 34. COUNTY COURT. comenty, XXXIII. The county courts shall have jurisdiction in, and fave, jurisdic: the judge holding the said courts may hold plea of, and may hear and determine in a summary way, for o1 against persons, bodies: corporate or otherwise :— Personal ac: (1.) All personal actions of tort, where the damages claim- $100 and or’ tO able do not exceed one hundred dollars; and actions of re- Vin Ste ee; Plevin where the valve of the goods to be replevied do not ex- above $100. ceed one hundred dollars ; and, Andin allac- (2.) All personal actions for claims and demands of debt, ac- tractu to $250. count or breach of contract, or covenant, or money demand, whether payable in money or otherwise, where the amount or balance payable does not exceed two hundred and fifty dollars ; Judge sole ar-and except in cases where a jury is called to try the case as andlaw,ex- hereinafter provided, the judge shall be sole judge in all actions cept injury brought in the said courts, and shall determine all questions of law, fact, practice and procedure in relation thereto, and may make such orders, judgments or decrees thereupon as appear to him just and agreeable to equity and good conscience ; and every such order, judgment and decree shall be final and con- Proviso as to clusive between the parties : provided always, that all actions damagesis for tort where the damages claimed exceed forty dollars, and above $40 and replevin, va- actions of replevin where the value of goods exceed forty dol- hbovesio. lars, and actions of debt, account or breach of contract, or cov- On action. ee enant, or money demand, when the amount claimable exceeds above $100. one hundred dollars, may be brought and prosecuted to judg- peteasane Sn ment in the ceurt of Queen’s Bench, as provided in rule 10 of Q. B. on infe- the general rules and orders of the court of Queen’s Bench, fees. made the 10th day of February, 1875. 42 V.c. 1,8. 33. On contract XXXIV. Upon any contract for the payment of a sum cer- topes ™ tain in labor, or in any kind of goods or commodities, or in any oes was», Other manner than in money, the judge, after the day has pass- aol ere ed on which the labor ought to have been performed or the the money. goods or commodities ought to have been delivered, or other, thing performed, may give judgment for the amount in money as if the contract had been so originally expressed. 42 V.c. 1, s. 34, No privilese XXXV. No privilege shall be allowed to any person to ex- allowed to : . . : any person, empt him from suing and being sued ina county court ; and any executor or administrator may sue or be sued therein, and the judgment and execution and all other proceedings shall be such as in like cases would be given, issued or taken in the court of Queen’s Bench, except as provided by this Act. 42 V.c. 1,8. 35. A minor may XXXVI. A minor may sue in the county court for any for wages. sum not exceeding one hundred dollars, due to him for wages, in the same manner as if hé were of full age. 42 V.c.1,s. 36. A cause of XXXVII. A cause of action shall not be divided into two or somonans more suits, for the purpose of bringing the same within the COUNTY COURT. Chap. 34. 455 jurisdiction of the county court ; and no greater sum than two 29! ?° divi ‘hundred and fifty dollars shall be recovered in any action for |, setttea the balance of an unsettled account, nor shall any action for account ox- such balance be sustained where the unsettled’ account form- court has not ing the subject matter to be investigated, in the whole exceeds Jurisdiction. three hundred dollars. : 42 V. ¢. 1, s. 37. XXXVIII. A judgment of the court upon a suit, brought Aspens or for the balance of an account, shall be a full discharge of all gecount shall demands in respect of the account, of which the action or suit charge. was for the balance ; and such shall be the effect of the entry of judgment. .42 V.c. 1,8. 38. XXXIX. In case the debt, or damages claimed in any action 2rtain 2, or suit brought in the county court amount to forty dollars and removed by | upwards, and in case it is made to appear to any judge of the the court of court of Queen’s Bench that the case is a fit one to be tried in gues. the court of Queen’s Bench, and in case such judge grants leave by his order in that behalf, such action or suit may, by writ of certiorari, be removed from the county court into the court of Queen’s Bench, upon such terms as to payment of costs or other terms, as the judge making the said order shall think fit and shall express in the said order. 42 V.c. 1,8, 39, PROCESS AND PROCEDURE. XL. The judges of the court of Queen’s Bench, or any two tages may of them, of whom the chief justice shall be one, may, from rules. time to time, as they shall see occasion so to do, make general rules or orders concerning the procedure, practice and proceed- ings of the county courts, and the execution of the process of such courts, with power also to frame rules and orders and Orders and forms of process, procedure and all mavters of practice in rela-""*’ tion to the provisions of this Act, or ofany future Act, respect- ing such courts, as to which may arise, or as to which there may be conflicting opinions or decisions; and also to annul and vacate the same, and if they shall think fit and expedient so to do, make others in their stead ; and such rules and orders shall have the force and ‘effect of law; and the treasurer may pay out of the consolidated revenue fund of the Province the cost of the printing and other expenses connected with the said rules and orders and the forms thereby and in this Act prescribed. 42 V.c. 1,5. 40. XLI. In any case not expressly provided for in this Act or Casey not Bie by any general rules or orders, the law and the general princi- or rules. ples of procedure or practice in the court of Queen’s Bench, may be adopted and applied. 42 V.c. 1,5. 41. XLII. Any suit may be entered and tried in the court hold- where action en in the judicial division in which the cause of action arose, brouest. or in which the defendant or one of several defendants, resides or carries on business, at the time the action is brought, not- withstanding that the detendant or defendants may at such 456 Chap. 34. COUNTY COURT. time reside in a judicial division different from the one in Judge’s order which the cause of action arose ; provided always, it shall be circumstan- competent for any judge, on it being made to appear to him re that it is more convenient and inexpensive for both par- ties, to bring the action in a judicial division other than that in which the cause of action arose, or in which the defendants or one of them reside, to make a special order authorizing the suit to be brought, or if already brought, to be tried, in the court in some other judicial division. 42 V.c.1 s. 42. Services out i 1 er SPiudician ai. LIT. In all cases where process is to be served or executed gn ene out of the judicial division in which it is issued, if a saving of pensesto be expense can thereby be attained, it shall be the duty of the avoided. "clerk issuing such process, to forward the same by post or otherwise to the clerk of the court in the judicial division in which the same is to be served or executed; and the last nam- ed clerk shall receive any such process so sent to him for ser- vice or execution, and he shall hand the same to the bailiff of his court for service or execution, and when served or executed shall receive the same from the bailiff and return it by post to the clerk from whom he received-it; and every clerk shall enter all such proceedings in a book to be by him kept for that purpose. 42 V.c.1,s. 43. manittese® XLIV. The plaintiff shall deliver to the clerk a copy, and if delivered to s necessary, copies, of his account, claim or demand, in writing, of. in detail (and in cases of tort particulars of his demand), which shall be numbered according to the order in which the same are entered, and thereupon a summons shall be issued, having the number of the account, claim or demand, on the margin thereof, and corresponding in substance with the form pre- scribed in that behalf in the schedule‘of forms to this Act, ac- cording to the nature of the account, claim or demand, and on trial of the cause, no evidence shall be given by the plaintiff of any cause of action except such as is contained in the account, claim or demand so entcred as aforesaid. 42 V. c. 1, s. 44, « fnformation XLV. The plaintiff shall also, at the time he so delivers his. to be given 7 e * the clerk by account, claim, 0: demand, inform the clerk the place of his re- eee sidence, and if the clerk shall require it, his post office address, and the Christian name of the defendant in full, where practi- cable, shall be given as well as his place of residence, with as much certainty and particularity as possible, 42 V.c¢.1,s. 45. A writ of ' XLVI. The summons, with a statement of the account or of with copy of | the particulars of the claim or demand endorsed thereon or at- Mm: served 10 days tached thereto, shall be served ten days at least before the re- before court. turn day thereof. 42 V.c.1,s. 46. Servyice—how XLVII. Service of a copy of the said summons, with a copy rape, of the acccount or the particulars of the claim‘or demand of the plaintiff endorsed thereon or attached thereto, personally on COUNTY COURT. Chap. 34. 457 the defendant, or left at his domicile or place of business with a grown up or reasonable person of his family, or with any such person in his household or place of business, shall be good ae and sufficient service of the said summons : provided always, jefaait shall that no judgment by default shall be signed against the defen- pot be signed - dant as hereinafter provided, except it shall appear by the re- except per- turn of the said summons that the same has been personally served” served on the defendant. 42 V.c. 1, s. 47. XLVIIL It shall be lawful for any judge, upon any proper Epperson case made to him for.that purpose, to order substitutional may bs service, or service so already made, of asummons or other process in any action in the county court. 42 V.c. 1,s. 48. XLIX. The postages of all papers transmitted to be served Ea or executed out of the judicial division or for any other pur- clerk and be pose, and sent by mail, shall, asa rule, be prepaid by the clerk, cause. and. shall be costs in the cause. 42 V.c. 1,s. 49. \ st ae fear L. The bailiffs, and no other persons, except under special Who may circumstances, such as being absent or unable from other monses, or- causes to attend to the same, shall forthwith serve and execute Ars.precerts: all summonses, orders, precepts, warrants and writs delivered tts. to them by the clerk for service or execution, whether bailiff of the court out of which the same issued or not, and shall, as soon as served or executed, immediately return the same to the clerk of the court of which they are respectively bailiffs ; but they shall not be required to travel beyond the limits of their Must not and judicial division, or be allowed to charge mileage for any dis-for mileage. ea tance beyond the judicial division in which the court of which [oyond, their they are respectively bailiffs is situated, unless the clerk shall division. be satisfied that thereby no additional expense has been incur- red beyond what would have been incurred had the same ser- vice or duty been performed by the transmission of the papers to be served or executed by the bailiff of some other judicial division, 42 V.c. 1,8. 50. LI. The clerk shall prepare all affidavits of service of al] ATavitsor summonses, orders and papers requiring an affidavit of service, Presented by whether issued out of his court or sent to him for service, : stating how the same were served, whether personally or other- wise, the day of service and the distance the bailiff necessarily travelled to effect service ; and the affidavit shall be annexed “ to or indorsed on the summonses, or other papers respectively ; but the judge may in any such case, notwithstanding such Grong exami affidavit, require the bailiff to-appear before him and to submit affidavit. to a cross-examination on any such affidavit, and to answer such questions as may be put to him touching any such se1- vice.or mileage. 42 V.c. 1,8, 51. LIT. In case of a debt or demand against two or more per-Joint debtors sons, partners in trade, or otherwise jointly liable, but residing redding i in different judicial divisions, or one or more of whom cannot ae. * 458 Chap. 84. “COUNTY coURT. sl : 3 : ‘ sent froncr be found, or is absent from, or resident out of the Province, one ofthe ote, or more of such persons may be served with process, and, un- ce, how sum- less a judge shall otherwise order, judgment may be obtained Mons may be + : . . servedand and execution issued against the person or persons served, not- judgment withstanding others jointly liable have not been served or sued, Yation of | reserving always to the person or persons against whom exe- tribution. cution issues, his or their right to demand contribution from any other person jointly liable with him or them; and in case of partnership, any goods and chattels or other assets of the firm, as well as that of the defendants, may be seized or pro- ceeded against for the satisfaction of such judgment, provided the judge orders a note to be made in the procedure book that “the demand for which judgment was obtained was strictly a partnership transaction.” 42 V.c 1,8. 52. fereer bal LIT. Every clerk or bailiff may sue and be sued for any suedinany debt or claim or demand, as the case may be, separately or court the se . ' 5 sameasany jointly with any other person in any county court, in the same other person. manner, to all intents and purposes, as any other person, but subject in all'respects to the provisions of this Act. 42 V. c. 1, s. 53. How cause of LIV. For and notwithstanding anything in this Act con- statedand tained, no formal statement of the cause of action shall be how left or oa : : givento clerk necessary ; but every plaintiff, when he enters an action with aeoneny a. the clerk, shall leave with him (which may be done by post pies as there or otherwise) a simple statement in writing (with as many ants, copies of it as there are defendants) of the cause of action; in What clerk the case of an account, the particulars may be in the usual demand or form of items of an account, or otherwise; in the case of tres- cause of e 3 action. pass or a wrong, a like simple statement of the trespass or wrong complained of, with the amount of damages claimed ; and in the case of a claim under a written instrument, as a note, bill, order, bond, covenant or contract, the original instru- ment, with copies as aforesaid, 01 a concise statement of the purport or effect of it, to the extent of exhibiting the ground of action; so that in each of the foregoing cases, it may be known and understood by a person of ordinary intelligence what the action is brought for; and the clerk shall endorse on or attach to the writ of summons, the account, claim or demand, or the original of the same, and endorse on or attach to each copy of such summons, a copy of such account, claim or demand so in- dorsed on or attached to the writ of summons as aforesaid. 42 Vics. 54 see LY. In actions where the claim or demand is a mere account, claim or or is ascertained by some instrument signed by the defendant, demandis as a merchant's account, a promissory note, a bill, order, bond, covenant for the payment of money, or other memorandum showing the liability for the payment of a sum certain, and the defendant does not appear according to the writ.of. sum- Judgment, mons and the warnings thereof, the clerk may, upon the said- py defauito summons being returned to him with an affidavit of the per- ifgummons Sonal service thereof on the defendant, after the time for ap- COUNTY COURT. Chap. 34. 459 pearance has expired, sign judgment for the amount of the ee oe claim against the defendant, by entering in his procedure book sonally. the words, “judgment against the defendant by default,” stat- ing the date of such entry, and such entry shall be the judg- ment of the court in the cause, and after the expiration of six days, execution may issue and other lawful proceedings be tak- en thereon: provided always, it shall be competent for any Jaeee may eg judge, on application by the person feeling himself aggrieved ndgmentor, by any such judgment, to set aside the said judgment, and to proceeding. let the defendant in to defend the said action, or to stay pro- ceedings on such terms as to costs and otherwise as to him shall seem just ; and the form of the said writ of summons and warning may be according to the form in the schedule of forms to this Act. 42 V.c.1,s. 55. LVI. If the defendant desires to defend any action or suit, Ifthe defend the cause of action in which is of the class of those mentioned defend any in the last preceding section, he must cause a written state- class in the ment to the following effect to be filed for him before the en- Hem necnie, try of judgment, namely -— iy i Urals ‘ judgment. (STYLE OF THE CAUSE, AS) In the county court of the John Brown, county of ; against The plaintiff’s claim is dis- John Smith. puted. Jobn Smith, Defendant. And the case shall then be brought on for trial in due course And the case. at the ensuing sittings of the court as mentioned in the sum- prog ht sty mons ; the said “dispute note” may be entered with the clerk : by personally calling at his office for that purpose, or it may be sent to him by a messenger or by post. 42 V.c 1,8. 56. LVII. In all suits, other than thoge mentioned in section In all other actions except fifty-five, no appearance or plea shall be necessary, but they those men- shall be brought to trial as though appearance and pleas had {ned nsec. been entered ; and it shall be competent to the defendant on ceo such trial to raise‘any defence he may be advised. 42 V. c. 1, s. 57. LVIIT. In case of set-off, the defendant must, in some way, cere let the plaintiff know, a reasonable time before the trial of the tor> cause, the nature and particulars of his set-off and produce a written statement or account of the same on the trial; and in case of default in complying with the requirements of this sec- tion, the judge may disallow the defendant to go into his set- off, or may adjourn the case until the next court or shorter period, at the expense of the defendant, and may impose such Power of other terms and conditions as to payment of money into court Pee al to the credit of the cause, or otherwise, as shall under the cir- PE eueoie cumstances seem to himrright and just : provided always, that notice of sta- it shall be lawful for the judges, or any two of them, of whom ” “°"* 460 Chap. 34. COUNTY COURT. the chief justice shall be one, at any time hereafter that they shall think, in the circumstances of suitors and the conditions of the country, it will be advisable so to do, by a general rule or order, to prescribe the practice of serving notice of set-off and also of statutory defences, other than those contained in this Act. 42 V.c. 1,5. 58. Pe LIX. On the day named for holding the court, in all actions eel and suits to be tried thereat, the defendant may appear in per- judgesumma- son, or by some agent or attorney on his behalf, to answer, and rily to try the on answer being made, the judge shall, without further plead- erent oron- ing or formal joinder in issue, except as aforesaid, proceed in a suit—plaintif summary way to try the cause and give judgment; and in case verdictor satisfactory proof is not given to the judge entitling either ndemanced party to judgment, he may nonsuit the plaintiff; and the plain- ees oon. tiff may, before verdict in jury cases, and before judgment pro- suited. nounced in other cases, insist on being nonsuited. 42 V.c. 1, s. 59. in ofee Hein LX. If, on the day named in the summons, and day of the ant does not ¢ appearor sittings of the court, the defendant does not appear or sufiici- cscs’ ** ently excuse his absence, or if he neglects to answer when call- ed, the judge, on proof of due service of the summons and copy of the plaintiff’s account, claim or demand, may proceed to the hearing or trial of the cause on the part of the plaintiff only, and the order or judginent thereupon shall be final and abso- lute, and as valid as if both parties had attended ; and, except reasese in actions of trespass or tort, in case of personal service of the necessary. summons and detailed particulars of the plaintiff’s claim, the judge may in his discretion give judgment without further proof ; but in actions of trespass and tort he shall require proof of the plaintiff’s claim, as though the general issue were plead- ed, and thereupon give judgment according to equity and good conscience. 42 V.c. 1,5. 60. Judge may in [XT]. In case the judge thinks it conducive to the ends of his discretion . adjourn cause justice, he may adjourn the hearing and trial of any cause, in for farinstia_ order to permit either or both parties to summon witnesses, or ence: to produce further proof or to serve or give any notice neces- sary to enable either or both parties to enter more fully into the case, either on the part of the plaintiff or defendant, or both, or for any other cause which the judge may think reas- Terms. onable, upon such terms and conditions as to payment of costs and admission of evidence, or other equitable terms, as to him shall seem meet. 42 V.c 1,s. 61. one mney for LXII. It shall be lawful for a judge, while holding a county adjourn any court, if he shall see good cause for so doing, to order or direct feard in © aN ‘cause, issue, or matter in the county court he is holding, chambers at shall stand over to be tried and heard in chambers, after the Biaoe sae. rising of the court, and between the regular sittings of the said orofwhich court, at such time and place as he shall eppoint or at some potice shall time or place of which notice shall be given, as he or some other COUNTY COURT. Chap. 34. 461 judge shall direct ; and the said cause, issue or matter shall be so tried or heard and determined in chambers, and such judg- ment shall be pronounced or order made therein as justice and equity shall require ; and such trial or hearing, judgment, or Force and order shall have the same force and effect as if done at the re- trial so had gular sittings of the said court ; and, on application, a judge in aad chambers may, with or without notice to the opposite party, as he shall see fit, in a proper case being in his judgment made therefor by the plaintiff or the defendant, order that any ac- See ‘ ‘ i : ied cause or mat~ tion, issue, or matter pending in any county court shall be tried pone eee or heard and determined by a judge in chambers at any time at any time in and place he shall appoint for that purpose ; at which time, or "Pe" at such time and place as the same may be adjourned or post- poned to, the said cause, issue, or matter shall be tried, heard, and determined as in an ordinary trial or other disposition of the same at regular sittings of the court, and shall have the same force and effect as if done at a regnlar sitting of the said court. +2 V.c. 1, s. 62. LNIIT. In any action brought against two or more defend- pees ants, on a claim or demand of the nature of those described in or more de- section fifty-five, and some of the defendants have been served eer eis with the proper writ of summons in that behalf and some have served and not, and no “ dispute note” bas been entered by the defendant served, judg- or defendants served, the clerk may not sign final judgment, signed” bis unless the plaintiff instructs the clerk to strike out the name 284inst those or names of the defendant or defendants not served, and the style of the action to be amended accordingly, of which a note shall be made in the procedure book, and thereupon final judg- When and ment may be signed against the defendant or defendants so served and so making default as aforesaid; and in any such Writ to be case, where all the defendants are served, and one or more of case jndg- them enter a“ dispute note,” final judgment by default against (ony igo" him or those in default may not be signed, but the case shall aces be brought to a hearing in the usual way, and shall be dispos- one or more ed of by the judge at the holding of the court mentioned in aiipalancr: the summons, except, on special application, a judge shall fo, 7042!" otherwise order : provided, however, that in the last mentioned dealt with. case the plaintiff may abandon the action against the defend- Plaintif’ may ant or defendants who have entered his or their “dispute note,” pen . . . again. in the manner above provided, and final judgment may be defending and . wo . c Cae sign judg- signed against those in default. 42 V.c. 1, s. 63. ment as to 1 e rest. LXIV. In any action of debt or contract, the defendant who Case of tender has made a tender before action may, within six days before maqeneg.be de—effe court day, pay the amount thereof to the clerk, who shall note ot it money the fact in his procedure book, and shall notify the plaintiff by Sourt six days post or otherwise of the fact, and request him to inform the orcomt = clerk whether or not he will accept the sum so paid into court in satisfaction of his claim and costs, and in case such plaintiff Etect of non- shall neglect or refuse to give the clerk such information three money by the days before the holding of the court, it shall be deemed that he ""*: denies the tender or the sufficiency of the sum paid into court, 4§2 Chap. 34. COUNTY COURT. and the case shall, in due course, be brought to trial as on a regular plea of tender before action, and payment into court, and a replication of the plaintiff of denial of tender and of the’ sufficiency of the sum paid into court; but if the plaintiff ac- coke cepts the sum paid into court, and so notifies the clerk within the plaintiff. the time aforesaid, the clerk shall pay over to him the said money less one dollar and fifty cents, which he shall pay over to the defendant for his trouble and loss of time. 42 V.c 1,5. 64. Ifincases LXV. If any such cases as those mentioned in the next pre- paid into” ceding section come on for trial, and the decision thereon be cient plainuurfor the defendant, the plaintiff shall pay the defendant his shallpay —_—_ costs, charges, and’ expenses awarded by the court, and the amount thereof may be paid over to him out of the money so May be other- paid in with the.said plea, or may be recovered from the plain- ed as in other tiff in the same manner as any other money payable by a judg- eases of judg- . s oes A oS ment. ment of the said court; but, if the decision be against the If money in- defendant and in favor of the plaintiff, the full amount of costs against the money paid into court as aforesaid, shall be applied to the ome satisfaction of the plaintiff’s claim, and a judgment may be pronounced against the defendant for the balance due and costs of snit, according to the usual practice of the court in other cases. 42 V.c. 1s. 65. The defendant LXVi. The defendant may, at any time, not less than six time six days days before the day appointed for the trial, pay into court pay into court such sum as he thinks a full satisfaction for the plaintiff’s de- thinks isthe mand, together with the plaintiff ’s costs up to the time of such correct de- payment. | 42 V.c. 1,58. 66. plaintiff. atk ench . UXVII. The clerk, having received the necessary postage, cases, shall forthwith send notice of such payment to the plaintiff by ose pisintitr post or otherwise to his usual place of abode or of business, siento and the sum so paid shall be paid to the plaintiff, and all pro- roceed for i ‘ ‘ “abn: Ss proceed for ceedings in the action stayed, unless, within three days after his demand. receipt of the notice, the plaintiff shall signify to the clerk his ghaliproceea intention to proceed for the remainder of the demand claimed, if original- ; i i ivi iy brought for 1 Which case the action shall proceed as if brought originally eeot semen for such remainder only. 42 V.c. 1,8. 67. Ifplaintif'rey LXVIIL. If the plaintiff recovers no further sum in the ac- ing beyond tion than the sum paid into court, the plaintiff shall pay the sum . . . aru he is to defendant all costs, charges, and expenses incurred by him i1 paycerpro- the action after such payment; aud such costs, charges, and ceedings. expenses shall be duly taxed and be recovered by the defend- more defend-ant by the same means as any other sum ordered to be paid by ant to pay , the costs. the court. 42 V.c.1,s. 68. Judgment jn LXIX. In the case of a set-off, -if the defendant's demand as ant’s set-off proved exceeds the plaintiff’s, the court may nonsuit the plain- iB a Pp} . Pp ? a y P Pre tiff; or if the defendant's set-off, after remitting any portion of jt if he pleases, or without remitting any portion, does not ex- ‘ COUNTY COURT. Chap. 34. 463 ceed two hundred and fifty dollars, the court may give judg- ment for the defendant for the amount found in his favor, 42 V.c. 1, s. 69. LXX. Where a set-off is set up, the judgment of the court Bfect of jude- thereon shall be a full discharge thereof, as well of the amount off. allowed to be set-off as the amount by which such claim of the defendant exceeding two hundred and fifty dollars, and the judgment shall be entered accordingly. 42 V.c. 1,8. 70. + LXXI. The law relating to replevin shall not authorize the rie replevying or the taking out of the custody of any bailiff, or avait against any sheriff, or any other person authorized to seize or take Gratecia, in goods and chattels in execution under any execution or at-“wiota ts. tachment, or writ in the nature of an execution, any personal property seized and taken into custody by any such officer under any writ issued out of any county court. 42 V.c. 1, _8. 71. 1 , Costs in ac- LXXII. In case an action of the proper competence of the Gosts in ac: county court be brought into the court of Queen’s Bench (ex- competency a . » ofthe county cept as provided in the general rules of the court of Queen's court—how Bench), the costs shall be taxed in the manner following: ee (1.) In case the judge who presides at the trial of the cause Certificate of certifies in open court, immediately after the verdict has been anid proper rendered, or at any future time to which he may then post-{thatswn pone the consideration of granting or refusing the certificate, 7om.county that it is a fit cause to be withdrawn from the county court ard and breught in the Queen’s Bench, the plaintiff shall recover his costs of action according to the practice of the Queen’s Bench, on either “inferior” or “superior” scale or, as the judge Inferior or su- in his certificate shall state, in like manner and subject to the P°"" *!*- like deduction or set-off for eosts of issues upon which the de- fendant may have succeeded, as he would have done and would have been subject to, in case the action had been of the proper competence of the court of Queen’s Bench ; (2.) In case the judge who presides at the trial of the cause Certificate of certifies at the time aforesaid that the plaintiff had reasonable sesoneer? ground for believing he had the right of ‘withdrawing the case belief. ete., from the county court and haute it in the court of Guests Without just Bench, and that the defendant withont just reason defended fends conect the same, the plaintiff shall recover his costs of the action ac-° cording to the scale and practice of the county court,.in like manner and subject to the like deduction or set-off for costs of issues in which the defendant may have succeeded, as he would have done, and would have been subject to, in case he had brought his action in the county court ; (3.) In case the, judge who presided at the trial shall not reno certit- certify as aforesaid, the plaintiff shall recover only county ¢#t9.qbiained, court costs, and the defendant shall be entitled to tax hig costs have only of the action as between attorney and client, and so much coals, end ales 464 Chap. 34. COUNTY COURT. Endant totax thereof as exceeds the taxable costs of defence which would asbetween | have been incurred in the county court (if any) shall, on enter- client how ing judgment, be set-off and allowed by the taxing officer tobesctom. against the plaintiff’s county court costs to be. taxed, and the If not covered amount of the verdict if it be necessary ; and if the amount of in this wa, * sey defendant to the costs so set-off exceeds the amount of the plaintiff’s ver- have jndg- dict and taxed costs, the defendant shall be entitled to enter balance. up judgment against the plaintiff for the excess and to issue execution thereon against the plaintiff 42 V.c 1, s. 72. Partormeney LXXIII In case a part only of the judgment debt payable —poundage, under any execution be made, the party executing the same shall be entitled, besides his fees and expenses.of execution, to poundage only on the amount so made by him, whatever may Hnomoney be the sum payable by the said execution, and in case pro- madebut perty be seized or advertised on or under an execution but not debt other- : : : . * wise satisaea Sold, by reason of satisfaction having been otherwise obtained, potat fees to or from some other cause, and no money be actually made un- be charge ? ~ abley * der the execution, the bailiff or other officer having the en- forcing of the execution shall be entitled to the fees and expen- ses of the execution only, and under special circumstances only, such farther sum, if any, as a judge, under the special In cases circumstances, shall think reasonable and just: provided, how- where execu- : : sf tions are is- 2 eVer, upon writs of execution upon the same judgment to sev- on wor inne eral judicial divisions, wherein the personal estate of the judg- cial divisions ment debtor or debtors has been seized or advertised but not same, sold by reason of satisfaction having been obtained under or by virtue of a writ in some other judicial division, and no money has been actually made on such execution, the bailiff or party as aforesaid haying the execution of such execution shall not be entitled to poundage, but to mileage and fées only In caseany for the services actually performed by him; and in case any per- tisfied with son liable on any execution shall be dissatisfied as to the amount fees ke isay of poundage fees or expenees of execution that may be claim- fees he ma apply toany ed from him, under the tariff of fees and allowances then in aero the force, or under this Act, he may, before or after payment there- other party, Of, apply to the court of Queen’s Bench, or to any judge there- saeaatis cf, and if, upon a statement of the whole facts, the said court puteand of Queen’s Bench, or any judge thereof, after notice to the pro- i . per order. us, party claiming, or to whom has been paid the poundage fees or expenses, is of opinion that said poundage fees or expenses or any of them is or are unreasonable, notwithstanding the same is or are according to the tariff of this or any future Act, the same shall be reduced or ordered to be refunded, upon such terms as to costs or otherwise as the court of Queen’s Bench or a judge may think fit to impose. 42 V.c. 1, s. 73. A subpeena LXXIV. Any of the parties to an action or suit or to an may issue in . a é : any caseor arbitration or reference ordered under this Act, may obtain orwithouts from the clerk of the court in which the action is brought or duces tecum the arbitration or reference ordered, a subpcena, with or with- out a clause for the production of books, papers, and writings, requiring any witness within the Province, and served with a copy of the subpoena therein, to attend at a special court or ar- COUNTY COURT. Chap. 34. 465 bitration, the place and time of such attendance being specified in such subpcena, and the copy served ; and the clerk shall, Clerk v0 ery when requested by any party, requiring such subpcena, or his pena. agent, give copies of such subpeena. 42 V.«. 1,8. 74. ‘4 i “ i Any number LXXV. Any number of names may ke inserted in such sub- Any numer i . i 300, be inserted in pena, and service thereof may be made by any literate person, be iz aon and proof of the due service thereof, together with the tender and the same or payment of expenses, may be made by affidavit sworn be- iY, oo S°hit- fore any judge or any clerk of any court, or before any person ¢rate person, authorized to take affidavits in the court of Queen’s Bench ; money—how and proof of service may be received by any judge either orally service ‘how or by affidavit. 42 V.c¢. 1,8. 75. proved LXXVI. Every person served with a copy of a subpcena, }enaity for either personally or by a copy thereof being left for him at his subpcens. or usual'place of abode or business with some reasonable and to give evi” grown up member of his family, or servant, or person engaged 72°- in his employ and living with him, and to whom or for whom at the same time a tender or payment of his lawful expenses is male, or the same is left for him along with the said copy, who refuses or neglects, without sufficient cause, to obey the sub- poena, and also every person called upon in court to give evi- dence, who refuses to be sworn (or to affirm where affirmation. by law is allowed), or to give evidence, shall pay such fine as the judge shall impose, not to exceed one hundred dollars, and shall, by verbal or written order of the judge, to be noted by the clerk in his procedure book, be in addition liable to impri- sonment for any term not exceeding thirty-days ; and such tine Application shall be levied and collected with costs, in the same manner as ; fines imposed on jurymen for non-attendance, and the whole or any part of such fine, in the discretion of the judge, after de- ducting the costs, if any, shall be applicable towards indemni- fying the party injured by such refusal or neglect, and the re- mainder thereof, or the whole, shall be paid to the treasurer of the oe and form part of the law society fund. 42 V. ¢, 1, s. 76. LXXVII. In any aetion for a debt or demand, not being for In jpotlone tort, the judge, on being satisfied of their general correctness, ey ee may receive in evidence the books of the plaintiff, or, in case of Beyisence, a detence of set-off or of payment, the books of the defendant ; the plaintitr, and he may also receive in evidence the affidavit or affirmation and the afti- of any party or witness resident without the limits ot the judi- Been Tee cial division in which the action is brought, or out of the Pro-fentoutetthe vince, but he shall only give such weight to all such proof Aeon er oul eF he thinks it in each particular case is entitled to; and beforeandmay pronouncing judgment, he may require any such witness or grtgtie OSs party to answer on oath or affirmation any interrogotaries that #tministered, may be filed in the suit, or he may, where it is reasonably py reat tee . . . 2.8 itn practicable, require the said witness or party to appear before appear per- the court, and submit to a vive voce examination and cross-%°2!': 30 466 Chap. 34. COUNTY ‘COURT. \ examination, and may, from time to time, postpone the final decision of the cause for that purpose, 42 V.c. 1, s. 77. Affidavits be- XXVIII. All affidavits to be used in any county court or fore whom . may besworn before any of the judges thereof may be sworn before any of the said judges, or before any clerk of any of the said courts, or before his deputy, or before any commissioner for taking aff- davits in the Queen’s Bench, or before any county judge in any Province of Canada, or before any judge of any superior court in Canada, or before any commissioner appointed to take affi- davits out of this Province to be used in this Province, or be- fore any mayor of any incorporated city or town elsewhere, verified by the signature of such mayor and attested by the corporate seal of the city or town. 42 V.c.1,s. 78. net biog LXXIX. In case any person in any examination wilfully be dealt with. and corruptly swears (or affirms) falsely in any matter where an oath, affidavit, or atfirmation is required or allowed in this Act, he shall be'liable to be ordered into custody and to be prosecuted for the said offence according to law. 42 V.c.1,s. 79. i - ate te LXXX. The judge, in every case heard before him, shall pronounced. openly in court, and as soon as may be after the hearing, pro- jfpostponed nounce his decision ; but, if he is not prepared to pronounce delivered. his decision’ instanter, he may postpone judgment, and at a subsequent time may deliver his judgment in writing at the clerk’s office or send it in writing to the said clerk by post or away sad¢¢ Otherwise ; and the clerk'shall file away and preserve the said serve judg- judgment and permit all parties to examine the same and to writing and take copies thereof, and he shall forthwith enter such judg- jent imSro-Mment in his procedure book, and such judgment shall be as cedure book. effectual as if pronounced in open court at the trial. 42 V.c. 1, s. 80. Tn any juds- LX XXI. In any judgment any judge may order the stay of ment judge ; a ¢ . z may order |_execution for a given time, or from time to time, and the pro- tion orap- portions in which any sum and costs recovered in judgment in Which it ie,2any county court shall be paid into court or to the party en- He Baie. titled to the same, or any other order in respect of the said judgment and the payment thereof he may think, under the circumstances, reasonable and proper. 42 V.c. 1, s. 81. Stay not over DXXXIT. But in the cases mentioned in the next preceding Ss . . . . without, con- section, without the consent of the party entitled to receive sent of the : P ‘ : other party. the said moneys, the execution shall not be stayed over two For proper months ; but,in case it at any time shall be made to appear to tion may be the judge by affidavit or otherwise, that any defendant is un- stayed is’ _ able, from sickness or other sufficient cause, to pay or discharge tee Be but the debt or damages recovered against him, or any instalment eee ee thereof, ordered to be paid as aforesaid, the judge may suspend judgment or stay any judgment, order or execution, given, made or issued moved stay toiN such action, for such time, and on such terms as he thinks be withdrawn fit, and so on from time to time, until it appears .by the like COUNTY COURT. Chap. 34. 467 proof that such temporary cause of disability has ceased ; and all orders in this and the next preceding section may be made verbally by the judge to the clerk, who shall enter the same in his procedure book, in the cause : provided always, that the judge may make any such order in writing, the purport of which shall be entered by the clerk in his procedure book as aforesaid. 42 V.c. 1, s. 82. LXXXIII. The judge may, in any case, with the consent ofJudgemay both parties to the action or their agents, order the same, with ofboth par- or without other matters in dispute between the parties of the feference to proper competence of the county court, to be referred to arbi- arbitration. tration, to such person or persons, and in such manner and f such terms, as he thinks reasonable and just, and such ordec may be made by the said judge verbally in open court, and the May be made clerk shall ento the same in his procedure book, or the judge open court— may make such order in writing, and the clerk shall enter the Y of cle" purport thereof in his procedure book as aforesaid. 42 V. c¢. 1, 8. 83. LXXXIV. The judge may, in any case of mere account, or Compulsory consisting chiefly of account, refer the same to an arbitrator to tras ones be named him, or to the clerk of the court, to make an award therein, or to report thereon, with such terms and conditions as to costs and all other matters as he shall think proper ; and moa of prom upon the report being completed, it shall be filed in the office °*™* of the clerk, who shall notify the parties thereof by post or otherwise, and the parties shall attend at the next sitting of the court befie the judge, who shall upon such report and upon hearing the case, pronounce judgment in the cause, and the form of the order of reference and of the award may be after the forms in the schedule of forms to this Act, 42 Vie. 1,8. S4, LXXXV. In the case of any reference to arbitration, the Report. award, so soon as made, shall be filed with the clerk, who shall clerk to noti- notify by post or otherwise the parties thereof, and,unless other- award to be wise provided in the-terms of reference, the said award sHall be Fidcer baie: entered as a judgment of the said court in the said cause, and less within - : 5 % o 3 six days noti- shall be as binding and as effectual as if given by any judge, fica by either unless the clerk shall within six days after the filing of the tosuneacsizes said award, and after notice given as aforesaid, be notified by SE i either party that lie desires to contest the said award, in which be entered for case it shall be entered on the trial list and come on for hear- curt“ ing before the judge at the next ensuing sittings of the court, when the judge shall hear the case and modify or set aside or affirm the said award, or refer the same back for further aiscraae or pronounce final judgment in the case, 42 V. e. 1, 8, 85. LXXXVI. Any judge may, on application to him, revoke suaze may any such reference, and make any order respecting the future 2ovoke reter- disposition of the cause he may think the facts disclosed will warrant, 42 V.¢.1,s. 86. 468 Chap. 34. COUNTY COURT. Arbitrators, LAXXVII. Any_of such arbitrators or referees may admin- ministeh ister oaths to the parties‘and all witnesses to be examined be- , fore them. 42 V.c. 1,8. 87. Gosts inthe, UXXXVIII. The costs of any action or proceeding, not other- thejudge. wise provided for, shall be paid by or apportioned between the Tnease plain- narties, in such manner as the judge shall think fit ; and in cases agent does where the plaintiff does not appear in person or by some per- judge may son on his behalf, or, appearing, does not make proof of his de- give inde sts mand to the satisfaction of the judge, he may award to the and expenses defendant such costs and such further sum of money, by way of satisfaction for his trouble and attendance, as he thinks pro- per, to be entered of judgment against the plaintiff, and to be recovered as provided for in the case of other judgments under this Act; and, in the absence of any specicl directions, the costs in all cases shall abide the event of the action, and execu- tion may issue for the recovery thereof in like manner as for any debt adjudged into judgment by a judge in the said court. 42 V.e.1,s. 88. No costs in LXXXIX. No costs shall be recoverable in any suit brought actions to re-. ‘ . : cover a judg-in any court in this Province, for the recovery of any sum or Piismentor sums awarded by judgment or judgments in any county court, thiscourt. without the order of a judge in the cause in which such action is brought, to be made only on sufficient cause being shown, except as provided in this Act. 42 V.c.1,s. 89. Tiseee ot XC. In case any action be brought in the court of Queen’s brought Bench in respect of any grievance committed, or the omission t 4 “7. » 1. eeatror of any duty, by any clerk, bailiff, or officer of any county court, other omeer— under color or pretence of the process of any county court or regulated. jn respect-of any duty in reference to the same, and the judge or jury on the trial, as the case may be tried by a judge or jury, find damages less than ten dollars, the plaintiff shall have no greater costs than damayes, unless the judge immedi- ately after the trial certifies in court on the back of the record that the action was fit to be brought in the Queen’s Bench ; Defendant and in any such action the defendant may plead the general y plead a . 2 . ‘i fi general issue. issue and give this Act and any special matter in evidence thereunder. 42 V.c. 1, s. 90. JURY. ae diy, . XCI. Either party to an action may Yequire a jury, where the cause of action is a wrong or tort in which the amount sought to be recovered exceeds ten dollars, and in all other ac- tions in which the amount sought toberecovered exceeds twenty dollars. 42 V.c.1,s. 91. What plain’ = XCIL. In case the plaintiff requires a jury to be summoned dant istodo to try the action, he shall give notice in writing at the time of whetsa jury entering his claim, demand, or account, or in due time there- after, and shall at the same time pay to the clerk the proper . fees for the expenses of such jury ; and in case the defendant ~ COUNTY COURT. Chap. 34. 469 requires a jury he shall within five days after the service of the summons on him or in due time thereafter, give to the clerk or leave at his office the like notice in writing, and shall at the same time pay the proper fees as aforesaid ; and there- upon, in either of such cases, a jury shall be summoned ac- cording to: the provisions hereinafter contained. +42 V.c. 1, 8, 92. XCIII. All male persons being subjects of Her Majesty by Who liable to birth or naturalization, between the ages of twenty-one and jurors. sixty years, on the voters’ lists and resident within ten miles of the place where the court is held, shall be liable to serve as jurors in the county court of the judicial division in which such court is held, and the clerk shall pay each juror who shall Zayment e attend fifty cents and no more, which shall be costs in the ‘ cause or causes, if more than one cause, duly apportioned. Apportioned. AV. 61,8. 93: ‘ XCIV. The jurors to be summoned to serve at the sittings Mpw tobe, of any county court shall be taken from the voters’ lists last the clerk. made up and completed for the locality in which the county court is held, and shall be summoned in rotation, beginning with the first of such persons on such lists until such lists are gone through ; after which they may be again gone through wholly or in part, in the same order, and so on toities quoties, the distance of the juror from the place of the sittings of the court being always kept in view in making the said selection. 42 V.c. 1,8. 94. XOV. For the purpose of the last preceding section the Copy or clerk of each court shall obtain a copy of the said voters’ lists, Y's s+ 42 Vie. 1,8. 95. XCVI. The clerk shall cause not less’than fifteen of the per- jacdts eof sons liable to serve as jurors to be summoned to attend each summoned— sittings of the court, when a jury is required, and such sum- mons—how mons shall state the time and place of the sitting of the court, 8V** and shall be served at least three days before the sitting of the court, either personally or by leaving the same with a grown : up person at the residence of a juror: provided, always, that Cle topass in making up the said list of jurors the clerk may pass over Persons— such as in his judgment may be objectionable and such as are mons. acl resident more than ten miles from the sittings of the court; and the form of the jury sum:nons may be after the form in the schedule of forms to this ict: and provided further, that Clerk to state the said clerk shall state in .7riting to the judge his reason for passing over passing over any juror who is so resident within ten miles of "°° the sittings of the court, if iequired so to do. 42 V.c. 1,5. 96. XCVII. Either of the parties to a cause shall be entitled to Challenge al- his lawful challenge against any of the jurors in like manner Sea gt as in the court of Queen’s Bench: provided, always, that, if a sufficient number of jurors shall not be in attendance, the panel for the trial may be made up by the clerk calling upon any 470 Chap. 34. COUNTY COURT. persons present, and who are otherwise qualified, in the court room, to serve as jurors, 42 V.c. 1, s. 97. jarorfornot &CWIIL Any juryman who, after being duly summoned, attending” , neglects or refuses to attend the court in obedience to the summons, shall be liable to a fine, in the discretion of the judge, of four dollars, which fine shall be levied and collected with costs by the same process as any debt in judgment is col- lected in the said court, the order of the judge in this behalf forming the judgment on which execution shall issue; and the entitling thereof shall be “ In the matter of M. a jury- Disposition 0 man ;” and the fine when collected shall be paid over to the treasurer of the Province and form: part of the law society fund. 42 V.c.1, s. 98. gitvane ino. =X CIX. Service of a juror in the county court shall not ex- empt in.Q. B. empt such juror from serving as a juror in any other court: but no person who is exempted from serving as a juror in the Queen’s Bench shall be compellable to serve as a juror in the county court under the provisions of this Act. 42 V. « 1s, 99. Five jurorsto ©, Five jurors shall be empannelled, and sworn to do jus- _ try cause— . ; . form of oath. tice between the parties whose cause they are required to try according to the best of their skill and ability, and to give a true verdict according to the evidence; and the verdict of the jury shall be unanimous. 42 V.c. 1,5. 100. | Tn case any CL..In case any judge, by whom an action is to be tried in ig ine @ county court, thinks it proper to have the cause, or any fact ee thinks OF facts in the cause, tried by a jury, by his direction the clerk Broner, ie shall forthwith retuyn a jury of five persons present to try the a . . * jury from the cause or the fact or facts; and the judge may give judgment persons then on the verdict of the jury ; or'he may grant a new trial on the And may give 314 ; j ty J WH] cadenen ice. application of either party, in the same way and under similar the verdict. circumstances as new trials are granted in other cases on ver- dicts of juries, and in other cases. 42 V.c. 1,5. 101. Caseswhere CII. In any case where the judge is satisfied that a jury, jury cannot . : ‘agree, after having been out a reasonable time, cannot agree upon How tobe —~tieir verdict, he may discharge the jury ‘and immediately call sposed of. Z : ry Bact another jury, or adjourn the cause until the next sittings of the court, and order the clerk to summon a new jury for the next sittings of the court, unless the parties consent that the judge may render judgment on the evidence already taken, in which case he may give judgment accordingly, if he shall think proper so to do. 43 V.¢. 1, s. 102. GENERAL' PROVISIONS. ae a CIIL If there be cross-judgments between the parties, the ments—when party only who has obtained judgment for the larger sum shall oe et have execution, and then only for the balance over the smaller COUNTY COURT. Chap. 34. 471 judgment ; and satisfaction of the remainder, and also satisfac- emer tion for the smaller judgment shall be entered; and if the sums in both judgments are equal, satisfaction shall be entered on both judgments. 42 V.c¢.1,s. 103. CIV. Unless otherwise ordered by any judge, or otherwise When Jxcow provided by this Act, execution may issue at any time after ISSUC. ae the entry of judgment; and in case the judge makes an order fanit is made for the payment of money on any judyment in whole or in Weed tobe part by instalments at a specified time and manner, and default paid by ine be made in any of the marters aforesaid, the clerk may issue a, specified execution against the party in default; and every such execu- clerk may do. tion shall be a fieri facias against goods and chattels, directed What shalt to one of the bailiffs of the said court or to the sheriff of the and effect of Province, or to a deputy sheriff of a county, who, by virtue SS thereof, shall levy, by distress and sale of the goods and chat- pnd tels of the party against whom the writ is issued, wheresoever torm of the same may be in the Province, such sum of money and costs (together with lawful interest thereon from the date of the judgment) as are by the said writ directed to be made, and shall pay the same over to the said clerk ; and the execution , may be in the form in the schedule of forms to this Aci. 42 V.e.1,s. 104. . SS : . Where execus CY. Any writ in the nature of a writ of fiers facius or at- tion may be tachment may be executed out of the judicial division of the °*ec"/e*- court from which the writ is issued, within the Province. 42 V.e. 1, 8.105, CVI. If the party against whom an execution has been tf amount of : "Vea + 4. . 7 execution and issued pays to the clerk or bailiff of the court of the judicial fees be paid division, out of which the execution issued, before an actual Peon actual sale of his goods and chattels, such sum of money as aforesaid, Toe aueneeded or such part thereof as the plaintiff agrees to accept in full of his debt, together with the fees to be levied, the execution shall thereupon be superseded, and the goods be released and restored to such party. 42 V.c.1,s. 106. CVIL. The clerk of any county court shall, upon any appli- Transcript of cation for that purpose, prepare a transcript of any judgment emg or proceedings in his court and deliver the same to or send the game by post or otherwise to the applicant; and such tran- What may be script-may be filed in the office of any clerk of any county pee court, and shall thereupon become a judgment of that county court, and all proceedings may be thereupon taken as on any other judgment of that court ; or the said transcript.may be May,be made filed with the clerk of the court of Queen’s Bench, and there- pe ere any eount upon the same shall become a judgment of the court ot Queen’s court oF a, Bench, and thereupon all proceedings may be taken as on any ae other judgment of the said court of Queen’s Bench; and the Form of form of the transcript may be after that given in the schedule ee of forms to this Act. 42 V.c. 1,s. 107. 472 Chap. 34. COUNTY COURT. Seung lives OVIII. During the lives of the parties to a judgment, or any Taree es of them, execution or other process may issue at any time ment.at any within six years from the recovery of such judgment, without reese a revival thereof; but no execution or other process shall issue leave of judge on a, judgment more than six years old without the leave of a tained unless judge, unless some payment thereon has been made or some proceedings proceedings taken, within twelve months previously; but no toutkepre: Notice to the defendant previously to applying for such leave ously pow shall be necessary, and such leave shall be expressed on the execution or writ, or summons in the words “issued by leave of a judge.” 42 V.c.1,s. 108.. How judg- CIX. Any judgment in a county court, in case of the death ment may be . 3 ‘ : revived. of the parties entitled thereto or liable thereon, may be revived by the party alleging himself to be entitled to sue out execu- tion thereon, by suing out a summons for the revival thereof, and in case it shall appear on the return of such summons that the party suing out the same is entitled to execution, a judge Execution —_ shall order execution to issue accordingly, and shall state in such order whether or not the costs of such application shall Gigposed or, be paid to the party making tke same ; and in any such appli- cation the judge may dismiss such summons with or without Horny Dy sum costs; and such summons may be in the form in the schedule of forms to this Act. 42 V.c. 1, s. 109. Death of S CX, When one or more of several plaintiffs or defendants efendant shall die before judgment, the action shall not abate if the shall not . : 5 aes 3 cause action cause of action survive to cr against the surviving party. 42 to abate. V.e. ls. 110. ‘ Death of one XI. Where one or more of several plaintiffs or defendants plaintiffs or shall die after judgment, proceedings thereon may be taken by defendants. the survivors or survivor without leave of the court. 42 V. e. 1, s. 111. mare oteever, ., CXII. In any case where the sole plaintiff or sole defendant al plaintifts dies before or after judgment, or in the case of the death of one dies, or plain- or more of several plaintiffs or defendants before or after judg- danvace’” ment, the action may, at the insiance of the personal represen- mode of revi- tative of either plaintiff or defendant, deceased, or at the in- cedure, **”” stance of any surviving plaintiff or defendant, on obtaining a judge’s order therefor, be revived, in respect of the deceased plaintiff or defendant, by the substitution of the personal re- presentative, and thereupon ail subsequent proceedings shall take place as in ordinary cases, as thoubh the action had been brought as revived, or judgment had been obtained for and against, or for or against the parties as revived; and the cost of such revivals shall be added to the costs in the cause, unless a judge shall otherwise order. 42 V.c. 1, s. 112. Execution t be dated when CXIII. Every execution shall be dated on the day of its is- be returnable sue, and shall be returnable within thirty days from the date qithin thirty of the issue thereof. 42 V.c. 1, s, 113. COUNTY COURT. Chap. 34. 473 CXIV. All executions may be renewed from time to time, Renewal ot before the expiration thereof, by the clerk of the court from ow jap? which the same issued marking on the margin thereof a memo- randum to the following effect: “Renewed for thirty days “ from the expiration of this writ. Dated this i. day of 18 «X.Y. “ Clerk.” 42 V.c.1,s. 114 : : . ‘ +4 Alias, pluri CXV. Alias and pluries and concurrent writs may Issue In 20g" ono. all cases : in the case of mesne process, when, or after the same rent writs. issues or is issued ; in the case of writs of attachment in the first instance or subsequently ; in the-case of fiert facias or writs in-the nature of execution, on the return of the first writ and upon filing the same with the clerk of the court : provided Caste a) eens always, that concurrent writs of execution may issue in the ete. } first instance, and subsequently concurrent and alias writs at the request of the plaintiff; but, in all the cases mentioned in this section respecting concurrent writs, it shall be competent for a judge to disallow all costs for such concurrent writs or precepts. 42 V.c.1,s. 115. CXVI. Any party who has obtained a judgment in any Registration county court exceeding forty dollars, may at any time obtain a of judgment certificate from the clerk of such court in the form, or to the Gindiaeae” like effect of the form for the same, in the schedule of forms to {ig s3ms.2s this Act; which certificate shall, on the request of the party fot air obtaining the same, be registered in any county registry office, seal had on payment to the registrar of fifty cents; and such registry fanae* ° shall bind all interest or estate of the defendant or defendants - in lands and hereditaments situate within the registration div- ision or county in which such oftice is situate, the same as. though the defendant or defendants had in writing, under. his or their hand or hands and seal or seals, charged the said lands and hereditaments with the amount of the said judoment. 42 V.c.1,s. 116. CXVII. In case any bailiff or other officer employed to levy In case bailitr by conniv- an execution against goods and chattels, by neglect, connivance, ance, omis- or omission, loses the opportunity of so doing, then, upon com- lect fails © plaint of the party thereby aggrieved, and upon proof of the levy on exe- fact alleged eS tite adintuction OF any judge, cee ae shall may on sree order the bailiff or other officer to pay such damages as it iitien oe pears the party aggrieved has sustained, not exceeding the sum °f ll dam- for which the execution issued, and the bailiff or other officer shall be liable thereto, and upon demand made thereof, and upon his neglect or refusal to satisfy the same, shall be a judg- ment of the court, and payment enforced by such means as are Howpay- provided for enforcing judgments in the court. 42 V. ¢. Lee s. 117. 4T4 Chap. 34. COUNTY COURT. {fbailiff neg” (XVIII. If any bailiff or other officer neglects or refuses to es for three return any execution within three days after the return day ys to return 3 : execution, thereof, or makes a false return thereto, the party who sued liable to an : . : : : : action, and to out such writ may maintain an action in any court having damages .¢- competent jurisdiction against such bailiff or other officer and cution or toa his sureties on the covenant entered into by them, or such par- ty may maintain an action on the case against such bailiff or other officer as the party may elect, and may recover in either form of action the amount for which the execution issued, with interest thereon from the date of the judgment, or such less sum as, in the opinion of the judge or jury, the party aggrieved, under the circumstances, is justly entitled to recover. 42 V. c. 1,s. 118. Effect of juds- CXIX. If a judgment be obtained in any action or proceed- action on pre- ing in the two next preceding sections mentioned, execution ceding sec- dD ions against shall immediately issue thereon ; and in case of the departure bailiff and bis 5+ removal of the bailiff or other officer from the Province, the action may be commenced or carried on against the sureties alone, or against any one or more of them. 42 V.c.1,s. 119. tduteeree. OXX. On any writ, precept, or warrant of execution or pro- Cee cess in the nature of execution, against goods and chattels, the may be seized bailitf or officer to whom the same is delivered for execution and sold un- . a ° . . der execution may seize and sell the interest or equity of redemption in any goods or chattels of the party against whom the same has issued, and such sale shall convey to the purchaser thereof whatever interest the party against whom such process has issued had in such goods or chattels at the time of the seizure thereof. 42 V.c.1,s. 120. { 2 Any goods eq . CXXI. Every bailiff or officer having an execution against (except ex, the goods and chattels of any person, may, by virtue thereof, € e : mpted goods) seize and take any of the goods and chattels of such person (saving and excepting such as are exempted from seizure and bank notes sale by law) and may also seize and take any money or bank cheques, bil's, notes, and any cheques, bills of exchange, promissory notes, specialties, “bonds, specialties, or securities for money, belonging to such securities itor % money, ete. person. 42 V.c. 1, 8.121, How such se CAXIT The bailiff or other officer shall, for the benefit of dealt with. the plaintiff, hold any cheques, bills of exchange, promissory notes, bonds, specialities, or other security for money so seized or taken as aforesaid, as a security for the amount directed to be levied by the execution, or so much thereof as has not been, otherwise levied or raised, and the plaintiff, when the time of payment has arrived, may sue in his own name or in that of the defendant, or in the name of any person in whose name the defendant might have sued, for the recovery of the sum or Defendant sums secured or made payable thereby ; and the defendant in charge. the execution shall not discharge such action in any way with- out the consent of the plaintiffin the execution or of a judge. 42 V.c. 1. 122. COUNTY COURT, Chap. 34. 475 CXXIII. The party who wishes to enforce payment of any By a security so seized or taken as aforesaid, shall first pay or se- to be applied. cure all costs that may attend the proceeding ; and the moneys realized, or a sufficient part thereof, or so far as the estate will go, shall be paid over by the officer receiving the same, to apply on the plaintiff's demand, and the overplus, if any, shall be forthwith paid to the defendant in the execution, under the direction of any judge. 42 V.c. 1,8. 123. CXXIV. The bailiff or other officer, after seizing.and taking Date of seiz- goods and chattels by virtue of an execution, shall endorse on dered on exe- such execution the date of such seizure and taking, and shall advertise immediately, and at least eight days before the time appointed three places for the sale thereof, give public notice by advertisement signed ene Bees by himself, and put up at three or more of the most public sold and the places in the locality where such goods and chattels have been piace where. seized and taken, of the time and place within the judicial division, when and where they will be exposed for sale, and the notice shall describe the goods and chattels so seized and taken as aforesaid. 42 V.c. 1, 5.124. CXXV. The goods and chattels so seized and taken as in the Ee last preceding section mentioned, shall not be sold until the may be sold sooner on re- expiration of eight days at least next after the seizure and guest of : .taking thereof and the advertisement thereof as aforesaid, un- defendant. less upon the request in writing under the hand of the party or his agent, whose goods and chattels have been so seized and taken as aforesaid, to sell the same sooner. 42 V.c. 1,s. 125. a No officer of - CXXVI. No clerk, bailiff or other officer having the execu- court fshall tion of a writ in the nature of an execution issued out of any Puy goods. county court shall, directly or indirectly, purchase any goods or chattels at any sale made by any county court bailiff or officer under execution, and every such purchase shall be abso- lutely void. 42 V.c. 1, s. 126. CXXVIT. In case a judge be satisfied, upon application on Eee jude oath made to him by the party in whose favor a judgment has immediate been given, or be satisfied by other means that such party will eae be in danger of losing the amount of the judgment, if com- order the pelled to wait till the day that may have been appointed for been post- the payment thereof, before any execution can issue, such ?°"°* judge may order an execution to issue at such time and under such terms as he thinks fit. 42 V. ¢. 1, s. 127. CXXVILL The orders, decisions and judgments of county Qrdcrs: deci- courts as existing at the coming into force of this Act, Oe ee which remain unsatisfied, shall be orders, decisions and judg- before this ments of the several county courts established by this Act, into fore respectively, and such orders, decisions and judgments shall be 8b2!1 be judg. carried out and enforced in the same manner as such orders, seule ged decisions and judgments obtained in the several county courts shall be en- after the coming into force of this Act, are carried out and en- {ged accor” forced. 42 V.c. 1,8. 128. 476 Chap. 34, “ COUNTY COURT. ae .CXXIX. All judgments in county courts in this Province ments to have the effect of shall have and continue to have the same force and effect as judgments of. courts of judgments of courts of record. 42 V.¢. 1, s. 129. record. A - REPLEVIN. What may be CXXX, Whenever any goods, chattels, bonds, debentures, replevied. : A promissory notes, bills of exchange, documents, books of ac- count, papers, writings, valuable securities, or other personal Wrongfully property or effects, have been wrongfully distrained under cir- distrained- — Gumstances in which by the law of England replevin might be made, the person so complaining of such distress as unlawful may obtain a writ of replevin in the county court, in the man- ner and subject to the limitations prescribed by this Act; or Orwrongfully in case any of the goods, chattels, property and effects afore- jakenorde- .5id have been otherwise wrongfully taken or detained, the action may be owner, person, or corporation, capable at the time this Act the recovery , takes effect of maintaining an action of trespass or trover for damages. | personal property, may bring an action of replevin for the re- covery thereof, and for the recovery of the damages sustained by reason of such unlawful caption and detention or of‘ such unlawful detention, in like manner as actions are brought and maintained by persons complaining of unlawful distress: pro- Where value Vided always, that the jurisdiction of county courts in actions ofgoods does of replevin is limited to cases in which the value of the goods, $100, and title chattels and personal property aforesaid does not exceed one © land not in : : question, nor hundred dollars, and the title to:‘land or the construction of any will, bequest will, bequest, or devise shall not be brought in question; and form of writ. the writs of replevin may be after the form in the schedule of forms to this Act. 42 V.c. 1, s. 130. Before writ = CXXXI. Before any writ of replevin shall issue under this Vit to be, Act, the person claiming the property, his servant or agent, filed, contain-Shall make an affidavit which shall be entitled in and filed eae with the clerk of the court out of which the writ is to issue (which said court is to be within the judicial division in which the property to be replevied is situated), containing : & deeamtion (1.) A description, or as near as can be done, an inventory of : the goods, chattels and personal property aforesaid; and the value thereof to the best of deponent’s belief, and stating that the person claiming the same is the owner thereof, or that he is lawfully entitled to the possession thereof, (and the descrip- tion or particulars, and the value thereof, shall be stated in the writ) ; Color of (2.) If replevin is sought in the case of property taken as a eee distress fo. rent or damage feasant, the affidavit shall state, in addition to what is required by sub-section one of this sec- tion, that the property was distrained and taken under color of , distress for rent or damage feasunt (as ths case may _ be) ; COUNTY COURT. Chap. 34. ATT (3.) If replevin is sought in a case where the property was Where peo wrongfully taken out of the possession of the claimant, or was fay ae fraudently got out of his possession, the affidavit shall state, in pnssession . addition to what is required by sub-section one of this section, il cate the time (which must be within two calendar months next be- fore the issuing of the writ), and the wrongful or fraudulent way or manner in which the property was taken or pot out of his possession, or such facts and circumstances as show that the claimant is entitled to the possession of the property, wrongfully taken out of his possession and detained from him, ,, acne eek or wrongfully detained from him; which said affidavits may aavit. °° be after the forms in the schedule of forms to this Act.- 42 V. ce. 1,s. 131. CXXXII. In actions-of replevin, no other cause of action Noother shall be joined in the summons. 42 V.c. 1,8. 132. action shall ‘ be foined. CXXXIII. In the case of a distress for rent, if the defend- 1" case of ant succeeds in the action (if the defendant requires it) the jude may’ do judge shall find the value of the property distrained, and if the succeeds in value be less than the amount of rent in arrear, judgment shall aclion, 1 de be given for the amount of such value; but, ifthe amount of quests it. rent in arrear be less than the value so found, judgment shall be given for the amount of such rent; and the judgment may be enforced the same as any other judgment of such court ; but in every such case no return of the property replevied shall be directed. 42 V.c.1, s. 133. CXXXIV. Where the distress is for damage feasant, and Incase of the defendant is entitled to judgment for the return of the pro- : perty replevied (if the plaintiff requires it), the judge shall find the amount of the damages sustained by the defendant, and judgment shall be given in favor of the defendant in the alter- native for a return or for the amount of the damages so found. 42 V.c. 1,8, 134. : CXXXYV. In any other action of 1eplevin, the judgment for In other cases the defendant shall be for a returh of the property replevied shall 56 {Or with the costs of action, together with such damages as the defendant, it defendant shall have sustained by the issue of the writ of re- the return of plevin, if damages are awarded. . 42 V.c. 1,5. 135. with cost of CXXXVI. In case of an action of replevin, if the defendant sli recmeiad shall pay damages and costs into court, under the provisions and costs into of this Act, and shall leave with the clerk a consent in writing feave with that the replevin bond be delivered up to be cancelled, and an Cons con- express waiver of all right to the property replevied, and the 1 that re- plaintiff accept such damages, the proceedings in the said ac- be delivered tion of replevin shall thenceforth cease and be discontinued. Sree sham 42 V.c. 1, s. 136. and plaintiff accept dama- ges. CXXXVIL Before the bailiff or other officer replevies, he Bond before, | shall take a bond in double the value of the property to be re- plevied as stated in the writ of replevin, unless a judge shall 478 Chap. 34. COUNTY COURT. otherwise order, which bond shall be assignable to the defend- ant; and the bond and assignment thereof may be in the form given in the schedulé of forms td this Act, the condition being varied to correspond with the writ. 42 V.c. 1, s. 187. Writnotto |, CXXXVIIL The bailiff or other officer shall not serve a property or copy, of the writ until he has replevied the property, or some replevied. part of it if he cannot replevy the whole in consequence of the defendant having eloigned the same out of the judicial division in which the writ has been issued, or because the same is not - in the possession of the defendant or of any one for him, and Wrthow the writ shall be returnable like any writ of summons, and service how service thereof shall be made on the defendant personally, if he can be found, otherwise by leaving a copy thereof at his usual place of abode, with his wife or some other grown person being a member of his household, or an inmate of the place or house wherein the defendant resided or resides, or made or makes his home or carries on business. 42 V.c. 1, s. 138. Incase pro- CXXXIX. In case the bailiff or other officer has good reason perty is con- 5 : cealed, or —_ to suspect and believe, and does bona fide suspect and believe, anywhersar that the property to be replevied, or any part of it, is secured, the demand ¢ontained, ov concealed in any dwelling house or other build- ing, storehouse, or enclosure of the defendant or of any other person keeping or holding the same, and the bailiff or other officer demands from the owner, occupier, or person having charge of the premises aforesaid deliverance of the property to be replevied, and in case the same be not delivered to him ay, break after such demand, he may and shall, if necessary, break open ae such house, building, storehouse, or enclosure, and enter and search the same for the purpose of repleving such property or any part thereof; and if found therein, shall make replevy of the same according to the exigency of such writ. 42 V. « 1, s. 139. when: writ CXL. The bailiff or other officer shall return the writ forth- hallbere- : eda turned. with after execution, and shall transmit with or annex there- to: ; Whatshall — (1.) The names of the sureties in, and the date of, the bond oy enigoreed taken from the plaintiff and the name or names of the wit- ‘ nesses thereto, and the place and residence of the sureties and the witnesses thereto respectively ; Inventory of (2.) An inventory of the number, quantity, and quality, and Boor TP the value thereof, according to the best of his judgment, of the articles replevied ; and in case he has replevied only a portion whee ae of the property mentioned in the writ, and cannot replevy the vied. residue by reason of the same having been eloigned out of the judicial division in which the writ has issued by the defen- dant, or not being in the possession of the defendant, or of any person for him, he shall state in his return the articles which he cannot replevy, and the reason why not; and the return COUNTY COURT. Chap. 34. 479 may be after the form in the schedule of forms to this Act. 42 ae V.c.1, 8. 140. CXLI. In all proper cases a capias in withernam may be Capias in issued by the clerk who issued the writ of replevin, upon the may, when. filing with him a proper return of the writ of replevin in that behalf along with the writ of replevin ; and the law and prac- tice in respect thereof shall be the same or, as near as can be conformed to, the Jaw and practice in respect thereof, in the court of Queen’s Bench ; and the bond already taken shall avail for this writ ; and the said capias in withernam may be in Form of. the form in the schedule of forms to this Act. 42 V.c. 1, s. 141. ATTACHMENT. CXLIT. In ease any person be indebted in a sum not exceed- et ing two hundred and fifty dollars, nor less than ten dollars, issue. for any debt or damages arising upon any contract expressed or implied, or upon any judgment : ‘ (1.) Absconds from this Province leaving personal property When, sebtor liable to seizure under execution for debt in this Province ; or, (2.) Attempts to remove such personal property out of this Attempts to Province, or from one county into another in Manitoba, or is goods from = . is the county or immediately about to make such removal ; or Province. (3.) Keeps concealed within Manitoba to avoid service of Kegpg con process ; and RAY o ven eA . : . ro. Affidavit to (4.) In case any person, his servant or agent, makes and pro- Affidavit, to | duces an affidavit or affirmation to the purport of the form filed prior to prescribed in relation to attachments in the schedule of forms form of Writ. to this Act (afd the clerk of any county court may administer the oath and take such affidavit or affirmation), and in case such affidavit or affirmation be filed with the proper clerk in that behalf, then such clerk, upon the application of such credi-. tor, his servant, or agent, shall i.sue a writ of attachment in the form in the schedule of forms to this Act, directed to the bailiff or proper officer commanding such bailiff or officer, to attach, Efect of writ. seize, take and safely keep all the personal estate and effects of the debtor within this Province liable to seizure under execu- tion for debt, or a sufficient portion thereof to secure the sum mentioned in the writ of attachment with the costs of the ac- tion, and to return the attachment forthwith to the court out of which the same issued. 42 V.c. 1,5. 142. / LXLIII. Upon receipt of such attachment by the bailiff or Duty of bail- other officer, and upon being paid his lawful fees, including** °"*" the fees of appraisement, such bailiff or other officer shall forth- with execute the attachment and make a true inventory of all the personal estate and effects which he seizes and takes by 480 Chap. 34. — COUNTY COURT. virtue thereof, and shall within twenty-four hours after seizure call to his aid two householders, who, being first sworn by him to appraise the personal estate and effects so seized, shall then appraise the same, and the bailiff or other officer shall forth- Return writ. with return the inventory attached to such appraisement, or contained in such appraisement, along with the writ of attach- ment to the clerk of the court into which the writ of attach- Inventory. ment is made returnable ; and the inventory and appraisement may be in the form in the schedule of forms to this Act. 42 Vic. 1,8. 143. Service of CXLIV. A:copy of the writ of attachment shall be personally lachment- served on the debtor or be left with his wife, or some grown: howlmade. up person being a domestic or member of his family “or some other person at his then or last place of abode or place of trade or business; and, in case it cannot be gerved in manner afore- said, by sticking up a copy thereof at his said last dwelling house or place of business or trade and by sending a copy of the said writ by post addressed to the debtor at the place whither he has gone, or from the best information that can be ob- tained, is supposed to have gone : provided always, that it shall be discretionary with the judge who shall hear the matter of the said attachment to allow such service or postpone the hear- Judge may ing thereof to some further day or until the next sittings of the ar ousted’ court, and in the meantime to direct a further service by sub- or postpone See: ARG ner Stitution or otherwise of the said writ of attachment on the andother- defendant, and so on, to postpone the said hearing, from time tira to time, as he shall think fit. 42 V.c. 1, s. 144. Gases com. CXLYV. In any case commenced by attachment, the proceed- attachment ings may be conducted to judgment and execution as in cases ceededwith. commenced by writ of summons. 42 V.c. 1, s. 145. Where attach CXLVI. When an action has been commenced before the thesummons. issue of attachment, the same shall be conducted to judgment as though no attachment had issued. 42 V.c.1,s. 146. Property seiz- CXLVII. The property seized under any attachment shall ed under at- . . ; : : tachment __ be liable to seizure and sale under execution to be issued upon to be seize” the judgment, or in case such property is perishable, and has ana oe ecu. Peen sold, the proceeds thereof shall be applied in satisfaction tion. of the judgment. 42 V.c.1,s. 147. Causes of ace CXLVIII. No plaintiff shall divide any cause of action into ion shall not : oa : be divided. two or more actions for the purpose of bringing the same, with- in the provisions of the preceding sections in relation to the issue of writs of attachment ; but any plaintiff having a cause of alee above the value of two hundred and fifty dollars for which.an attachment might be issued if the same were not above;the value of two hundred and fifty dollars, may abandon fate oe the excess, and upon proving his case, may recover to an amount not exceeding two hundred and fifty dollars, aud the judgment of the court in such case shall be a full discharge of COUNTY COURT. Chap. 34. 481 all demands in respect of such cause of action, and the entry of judgment therein shall ‘be made accordingly. 42 V. ¢ 1, s. 148, i i In case of sev- CXLIX. In case several attachments issue against any party, In as? of se then, subject to the provisions contained in the Act respecting ments—rate- the administration of justice in this respect, the proceeds of fn, P™ the property attached shall not be paid over to the attaching creditor or creditors according to priority, but shall be rateably distributed among such of the creditors suing out such attach- ments”as obtain judgment.against the debtor, in proportion to the amount really due upon such judgments ; and no distribu- Reasqnable tion shall take place until a reasonable time, in the opinion of parties to re- a judge, has been allowed to the several creditors to proceed to ment etre judgment. 42 V.c. 1, s. 149. distribution. ‘4 CL. When the personal estate and effects are insufficient to Time within : : : 4s which subse- satisfy the claims of all the attaching creditors, no such cre- quent attach- ments must- ditor shall be allowed to share unless he shall have sued out pe sued out. his attachment and within one month next after the issue of the first attachment, have given notice thereof to the clerk of the court out of which the first attachment issued, or into which it was made returnable. 42 V.c. 1, s. 150. j i In all cases CLI. In all cases when judgment is sought to be recovered 14,34) ca8¢8, and in which attachments are issued to commence the action, is commenc- the plaintiff on the hearing shall prove his demand as though met mepiss a general denial had been entered by the defendant. 42 V. c. theJ ae 1s.151. his debt a ae before judg- CLIT. All property seized and taken under the provisions of es at- the preceding sections relating to attachments shall ke forth- tached,to be. with handed over to the custody and possession of the clerk of to clerkot the court out of-which the attachment issued, or into which it van was made returnable ; and such clerk shall take the same into his charge and keeping, and shall be allowed all necessary dis- bursements for keeping the same. 42 V.c. 1, 5. 152. CLITI. In case any person, against whose estate and effects Debtor may any such attachment has issued, or any person on his ‘behalf, , at any time prior to the recovery of judgment in the cause, executes and tenders to the creditor who sued out the attach- ment, and files in the court to which the attachment has been returned, a bond with good and sufficient sureties, to be ap- proved by the clerk of the said court, binding the obligors Bond to ope- jointly and severally in double the amount claimed, with con-sdeasofat dit ion that the debtor (naming him) will, in the event of the feior bond. claim being proved and a judgment recovered thereon, as in other cases where proceedings have. been commenced against the person, pay the same, or the value of the property so taken and seized, to the claimant or claimants, or produce such pro- perty when thereunto required to satisfy such judgment or judgments, such clerk may supercede the attachment, and the 1 482 Chap. 34. COUNTY COURT. property attached shall then be restored; and such bond may be in the form in the schedule of forms to this Act. 42 V. « I, 8. 153. : ee CLIV. The bailiff or other officer seizing and taking the es- under execu-, tate and effects of any debtor under attachment or execution, tachment may, without the removal of the estate and effects so seized may take | and taken, take a like bond to himself in respect of the proper- Sret instance ty aforesaid, to secure, for the purposes of the attachment or movalof execution, the forthcoming of the property so seized and taken, ertond™ or in lieu thereof a sufficient sum of money to satisty the at- taching creditor or creditors, or as the case may be, the execu- tion creditor or creditors; and- such bond may be in the form in the schedule of forms to this Act. 42 V.c.1,s. 154. hoe ot CLY. If within one month from the seizure as aforesaid, the one month party against whom the attachment issued, or some one on mayissue his behalf, does not appear and give such bond as in the one and property hundred and fifty-third section of this Act mentioned, execu- previously _ tion may issue as soon as judgment has been obtained upon may eap: the claim or claims, and the property seized upon the attach- Beer ment or attachments, or enough thereof to satisfy the judg- ‘ ment or judgments and costs, may be sold for the satisfaction thereof, according to law; or if the property has been previ- ously sold as perishable under the provisions hereinafter made, enough of the proceeds thereof may be applied to satisfy the judgment or judgments and costs. 42 V. ¢.1,s. 155. Where CLVI. When the property of any person has been seized pareanelcee under any attachment as aforesaid, and a summons has been ' vice ofsum- hersonally served on such person before seizure, then the trial of the cause shall be proceeded with, as if no such attachment had been issued, and after judgment execution shall forthwith issue, unless otherwise ordered by a judge. 42 Vials. - 156. where te CLVIT. If it shall, on the trial of any case in which there is shown that an attachment issued, appear to the satisfaction of the judge, fmproperty upon affidavit or other sufficient proof, that the creditor or issued—costs. plaintiff who sued out the attachment had not reasonable and probable cause for so doing, the judge shall order that no costs shall be allowed to such creditor or plaintiff in respect thereof; and in such case he may order that no costs shall be recovered in the cause, if he shall see fit. 42 V.c. 1, s. 157. When cattle, CLVIII. Subject to the provisions contained in the Act te- etc., seized A wee ce sia. ° s < : z - may be sold specting the administration of justice in this respect, in case in ete any horses, cattle, sheep, pigs, or other perishable goods or accordingto, property have been taken under attachment, the clerk. of the clerk. court who has the custody or keeping thereof (the same hav- ing been first duly appraised as provided in this Act) may, at or without the request of the plaintiff who sued out the attach_ ment, expose and sell the same at public auction to the highe { COUNTY COURT, Chap. 34. 483 bidder, giving at least eight days’ notice at the office of the clerk of the said court, and at two or more other public places within his judicial division, of the time and place of such sale, \ if it shall seem to him expedient to give so long time and the articles will admit of ‘being so long kept; otherwise he may sell the same on any notice at his discretion. 42 V.c. 1, s. 158. CLIX. It shall not be compulsory upon the clerk to sell Theclerk such perishable goods and property until the party who sued compelled to out the attachment has given a bond to the defendant therein, goods without with good and sufficient sureties in double the amount of the >on appraised value of such goods and property, conditioned that the party directing such seizure and _ sale will repay the value thereof, together with all costs and damages incurred in, conse- quence of such seizure and sale, over and beyond what shall ‘be realized from such sale, in case judgment be not obtained. for the party who sued out such attachment; and the bond shall be filed with the papers in the cause, and may: be in the form in the schedule of forms to this Act. 42 V.c¢ 1,s. 159. CLX. The residue, if any, after satisfying such judgments as ee eae aforesaid, with the costs thereupon, shall be delivered to the perty after : . satisfying defendant or to his agent, or to any person in whose custody judgments to the goods and property were found; whereupon the responsi- be delivered bility of the clerk, as respects such goods and property, shall dant, ete. cease. 42 V.c. 1,8. 160. ‘ GARNISHEE. CLXI. Where any debt or money demand, and not being a Garnisheeing claim strictly for damages, is due or owing to any party trom any other party, howsoever the same may arise, and any debt is due or owing to the debtor from any other party, it shall be lawful for the party to whom such first mentioned debt or money demand is so due and owing (hereinatter designated the primary creditor) to attach and recover, in the manner herein provided, any debt due or owing to his debtor (hereinafter de- signated the primary debtor) from any other party (hereinafter designated the garnishee) or sufficient thereof to satisfy the claim of the primary creditor, subject always to the rights of other parties to the debts owing from such garnishee. 42 V. e. 1, s. 161. CLXU. After a judgment has been recovered in a county Garnishee- court, application may be made to the clerk of the court in fdenent which such judgment has been recovered by or on behalf of the a : é A ; : y have primary creditor, and upon filing with such clerk an affidavit summons stating when such judgment was recovered, and whether the “2 whole, or how much thereof (in each case giving the sum or amount), remains payable and unsatisfied, and that the depo- nent believes that some one or more parties (naming them) is or are within this Province, and is or are indebted to the pri- mary debtor (to which said affidavit the said clerk is authorized i 484 Chap. 34. COUNTY COURT. suacrwithout to swear the deponent), it shall be lawful for the said clerk to summons. issue an attaching order, to the effect that all debts due or has been pre- owing to the primary debtor, whether due or not due, be at- served as an tached to satisfy such judgment; and such order may contain cuuuary a summons requiring the garnishee to appear at the sittings of forms. the court, at the time and place mentioned in such summons, to show cause why he should not pay the primary creditor the , debt due from him to the primary debtor, or so much thereof as may be sufficient tosatisfy the judgment ofthe primary creditor : provided always, that the attaching order may issue without any, summons therein, and the summons alone referring to the order may be subsequently issued without any fresh affidavit ; and the said order, or order and summons united, or the said summons alone, shall be served as any writ of summons, and the service and retur.: of the order with the summons united and of the summons alone, unless otherwise ordered by a judge, shall, as to time of service before the sittings of the court, and as to the return thereof, and the proof of service, be similar to, and correspond with, in these respects, the service, proof and return of an ordinary writ of summons ; and the affidavit and the said attaching order and summons and the said order with- out asummons may be in the forms in the schedule of forms to this Act, 42 V,c 1, s. 162, ) Eftect ofser- CLXIII. The sei'vice of such order with a summons therem, pes or order without such summons, on any garnishee shall have the effect (subject to the rights of other parties) of attaching and binding in his hands all debts then owing from him to the primary debtor, or sufficient thereof to satisfy such judgment ; Exfect of pay- and payment by the garnishee into court of the debt so attach- nishee into ed to the extent of the debt unsatisfied on such judgment, shall ll be a discharge to that extent of the debt owing from the gar- nishee to the primary debtor. .42 V.c. 1, s. 163. Payment to CLXIV. Any payment by thé garnishee after service on him auy one else : } . é void. of such order to any one except into court to’ satisfy the said judgment, shall, to the extent of the primary creditor's claim, riability of be void; and the garnishee shall be liable to pay the same such cases. again, to the extent of the primary creditor’s claim, to satisfy his said judgment. 42 V.c.1,s. 164. A copy ofgar- CLXV. A copy of every garnishee summons shall, if it in- monstobe eXpensively and conveniently can be, unless otherwise ordered seed eben by a judge, or dispensed with by a judge, be served on'the pri- mary debtor. ; mary debtor. 42 V.c. 1, s. 165. Hearing gar- CLXVI. At the hearing of the garnishee summons, or at any nishee sum- adjourned hearing thereof, on sufficient proof of the amount owing by the garnishee to the primary debtor, and no sufficient cause appearing why it should not be paid and applied in sa- Judgemay tisfaction of the judgment, the judge may give judgment give jude stagainst the garnishee for the amount so owing from him;. or ment agains ‘ - : ” garnishee, gufficicnt thereof to satisfy the judgment; and execution COUNTY COURT. Chap. 34. 485 “s : : Lay and execution against the garnishee to levy the same may issue thereon as of May issue, course, if due, or when, and as it becomes due, or at such later at once or at : e some late period as the judge shall order. 42 V.c. 1,s. 166. ~period. CLXVIL When judgment has not been recovered for the-Beforejuds- claim of the primary creditor, he may cause a summons to be issued and ‘ : . : . f how styled— issued out of the court in the form given in the schedule of particulars, forms to this Act, upon filing a proper affidavit in that behalf; etc: upon or annexed to which summons shall be a memorandum showing the names of the primary creditor, of the primary debtor, and of the garnishee, and the particulars of the claim of the primary creditor, with reasonable certainty and detail ; which summons shall be served and returned as any ordinary summons. .42 V.c. 1,s. 167. _ CLXVIUI. A copy of such summons and memorandum shall How served be duly served on the garnishee, or if there be joint garnishees, whom. then upon such of them as aie within reach of the process, at the time and in manner required for service of writs of sum- mons in ordinary cases; and also, if practicable, on the prim- ary debtor, unless the judge shall, for sufficient reason, dis- ‘pense therewith, 42 V.c. 1, s, 168, CLXIX. If in such case the primary debtor has been duly Petes ee served with a copy ofsuch summons and memorandum, judg-" ~ ” ment may be given against him at the hearing, for the prim- ary creditor for the whole, or such part of the claim as shall be sufficiently proved, and execution may issue thereon as in ordinary cases ; and whether such judgment be or be not given, the judge, on sufficient proof of the debt due and owing from the primary debtor, and also of the amount owing to him from the garnishee, may then, or at any adjourned hearing thereof, give judgment against the garnishee (which may be according to the form in the schedule of forms hereto) for the amount so foupd due from the garnishee, to the extent of the amount so found due from the primary debtor to the primary creditor, which sum the garnishee shall pay into court, towards the satisfaction of such claim of the primaty creditor, or in de- fault thereof execution may issue to levy the same forthwith orat such later period as the judge shall direct; and the execution Form of exe- may be in the form given in the said schedule of forms hereto: such cases provided always, that where an action is pending it shall be garnishee. competent for the primary creditor to proceed by stop order, or stop order and summons, as in the case of a judgment, if he shall elect so to do, the forms }aing changed to suit the cir- cumstances. ’ 42 V. c. 1, 8. 169. , CLXX. Provided always, that any judge in chambers shall Proceedings have power to grant garnishee stop-orders with or without garnisness summons in any county court and to make the same returnable Berore a taize before a judge in chambers at such time as he shall think ™ chambers. proper ; and on the return thereof he may take and hear all necessary proofs by affidavit, viva voce examination of witness- es or otherwise as shall be presented or produced before h'm 486 Chap. 34. COUNTY COURT. touching or relating to the matter of such garnishee order and summons, and from time to time to enlarge the same, and finally adjuge and dispose of the same and give judgment there- on according to the provisions of this Act ; and wherein in any such case no provisions are made in this Act, recourse shall be had to the law and practice of the court of Queen’s Bench ; and the order, decision, or judgment of any judge in any such case shall be entered by the clerk of the court in which the proceedings are had, and form part of the records thereof. 42 V.c. 1, s. 170. terested may CLXXI. In all cases under this Act, and whether'the claim ieenic or ue of the primary creditor be or be not a judgment, the primary fend. debtor, the garnishee, and all other parties in any way interest- ed in, or to be affected by the proceeding, shall be éntitled to set up any defence, as between the primary creditor and the primary debtor, which the latter would be entitled to set up in an ordinary action, and also any such defence as between the garnishee and the primary debtor ; and may also show any other just cause why the debt sought to be garnished should not be paid over or applied in or towards the satisfaction of the claim of the primary creditor. 42 V. ¢. 1,8. 171. Bet ee” ~=—-« CLX XII. In all cases under this Act service of the attaching order ar stent or stop order, with or without a summons united therewith, summonson upon the garnishee, shall have the effect of attaching and bind- thegarnishee. ing in his hands, at and from the time of such service (subject to the rights of other parties), the debt sought to be garnished, until a final decision made on the hearing thereof; and any payment of such debt by the garnishee during such period otherwise than into court to abide the decision of the said mat- ter, shall to the extent of the claim of the primary creditor, be void ; and the garnishee shall be liable to pay the same again, to the extent of such claim, to satisfy the same, unless the judge shall otherwise order. 42 V.c¢ 1,8. 172. a Effect ofjudg- CLXXIII. Ifin any case judgment be given forthe primary ment for the : . : . primary creditor against the garnishee, the debt garnished shall, unless creditor. the judge shall otherwise order, continue bound in the hands of the garnishee to satisfy the claim of the primary creditor ; and payment in any such case, by the garnishee, to the extent of such claim into court, shall to that extent be a discharge to the garnishee as between him and the primary debtor; and any payment thereof otherwise than as last aforesaid, except by leave of a judge, shall be void; and the garnishee in such case shall be liable to pay the same again to satisfy the claim of the primary creditor. 42 V.c. 1, s. 173. Costs inthe CLXXIV. The garnishee shall not be liable to the costs of discretion of * : : ; judge except the proceedings, unless, and in so far only as occasioned by set- the wrongful ting up a defence which he knew, or ought to have known, tence: was untenable ; and subject to this provision, the costs of all parties shall be in the discretion of the judge. 42 V.c.1,s 174 _ COUNTY COURT. Chap. 34. 487 CLXXV. Judgment shall not be given against either the einer be i i i i _given against primary debtor or garnishee until the said summons and mem Sar aoe orandum, with an affidavit of the due service of both on the tor or gar proper parties, be filed, unless the judge, for special reasons, after due shall order otherwise. 42 V. ¢. 1, s. 175. perviceior summons,ete. CLXXVI. No execution shall in any case issue to levy the Garnishee | money owing from any garnishee until, and so far, and so soon, compelled to and so fast only, as such money shall have become fully due, BaSney is 42 V.¢. 1,8. 176. payable. CLXXVII. Any party entitled to or interested in any Any person money or debt attached or bound in the hands of a garnishee may apply by a proceeding under this Act, may at any time before actual charge of the payment thereof by the garnishee, or while the same remains &72/shee in court, apply to any judge for an order (which any judge is judge may _ hereby authorized to make with or without notice, as he shall with or with- under the circumstances think proper) to the effect that such oad money or debt be discharged from the claim of the primary creditor ; and thenceforth such money or debt shall cease to be attached or bound for such claim ; and such application and order may also be made, if any judge shall think fit, after such money or debt has been paid over to the primary creditor, in which case all parties shall be remitted to their original rights in respect thereto, except as against the garnishee having al- ready paid such money or debt, whose payment shall not be affected thereby, but shall be and remain an effectual discharge to him. 42 V.¢. 1, s. 177. CLXXVIIL. In case any one, other than the primary credi- In case any tor or primary debtor, shall claim to be entitled to the debt fro orimary i ni 1 jaa creditor, owing from the garnishee, by assignment thereof or otherwise, Ghtor cr gar- it shall be lawful for any judge, when adjudicating in any of nishee may the cases aforesaid, or by calling the proper parties before him ntereated in by summons for the purpose, to inquire into and decide upon hished 1 such claim, and to allow or give effect to it, or to hold it void may inter. as against the primary creditor for being a fraud upon credi-judge may tors, or otherwise, as the justice of the case shall require ; and to pppear and for such purpose the judge may require the attendance of such Hehe er ane” parties and such witnesses (their conduct money being first paid) as he shall think necessary. 42 V. c. 1, s. 178. CLXXIX. It shall be lawful for any judge tv postpone or Judge may» adjourn, from time to time, the hearing and other proceedings Soiduen heures in all garnishee cases, to allow time for giving omitted notices mg of gar- of defence, or to produce further evidence, or for any other ete. ae purpose ; and to require service on, and notice to, other or ad- ditional parties, and to prescribe and devise forms for any pro- ceeding, and to amend all summonses, memoranda, claims, ac- counts, notices, and other papers and proceedings, and copies thereof, as justice shall require. 42 V.c¢. 1, s. 179. _ CLXXX. The clerks of the several county courts shall keep Clerk to Econ in their respective offices a “debt attachment book ” according ment book 488 Chap. 34. COUNTY COURT. to the form in the said schedule of forms hereto, in which shall be correctly entered the names of parties, the dates, state- ments, amounts and other proceedings under this Act as indi- cated by the said form ; and copies of any entries made there- y may be taken by any one, on application, free of charge. 42 .¢c. 1, s. 180. INTERPLEADER. Interpleader CLXXXI. When any claim shall be made to, or in respect n what cases, enn 3 how and to, any goods, chattels, moneys, securities, or other property Whone aupi, taken in execution, or attached under process from. a county cation inter- court, or the proceeds or value thereof, by any landlord for monsmay rent, or by any person for any claim whatever, not being a ‘ party against whom such process has issued, the bailiff or other officer charged with the execution of such process may apply to the clerk of the court of the judicial division in which such goods, chattels, moneys, securities, or other property, or any of them, have or has been so taken, and whether before or after any action has been brought against such bailiff or officer, and sue out an interpleader summons, in which the claimant may be the plaintiff and the execution or attaching creditor may be the defendant ; and such summons shall be a stay of any such action and shall be served on the execution or attaching credi- tor and claimant, and shall be returned in such time and man- ner as an ordinary writ of summons in ‘an ordinary action in the county court, and shall come on for hearing as in ordinary Form of sum- cases at the ordinary sittings of the court; and the said sum- : mons may be in the form in the schedule of forms of this Act. 42 V.c.1,8, 181. What claim- CLXXXIL. The claimant shall, not less than six days before as to property the sittings of the court at which the hearing aforesaid is to he claims: “ take place, leave at the office of the clerk’ of the court from which the summons has issued a statement .of any of the said goods, chattels, moneys, securities, or other property so taken as aforesaid, alleged to be the property of the claimant, and the grounds of his claim, set forth in ordinary, short and con- cise language ; or in the case of a claim for rent the amount thereof, for what period, in respect of what premises the same is claimed to be due, and the terms of holding; and such state- ment shall be by the clerk annexed to the returned summons. Annexed to and form part of the papers in the issue or cause; and any Money paid money paid into court, shall be retained by the clerk until the into court to claim shall be adjudicated upon: provided always, that it shall b ined. Judgemay” be lawful for any judge at the hearing to try any interpleader inough pre- claim, although the particular steps and proceedings aforesaid ceding steps. < a ° not taken or may not have been taken, or the directions in respect of the Hes ae one same have not been complied with, if he shall see that the ~~ hearing can be proceeded ‘with and the claim justly disposed of in the then state of the proceedings; or he may adjourn the hearing and direct what shall {in the’ meantime be done to’ remedy the defect, and in such case shall make such order as . COUNTY COURT. Chap. 34. 489 to the costs of the day as shall appear to be just; and the Matement statement of the claimant and ‘the order on the hearing may 804 order oa be according to, or after the forms given in the schedule of forms to this Act. 42 V.c. 1,8. 182. CLXXXIII. In cases of interpleader the costs shall as a rule Costs. as a rulejto abide abide the.event of the issue, except the judge at the hearing tne re shall otherwise order; and the costs of the bailiff or other offi- wise orderea-- cer in respect of the same shall be costs in the issue, but in Corr naa the first instance shall be paid to him by the execution or at- paid. taching creditor, or may be paid to him by the clerk out of any money in court of the execution or attaching creditor, or of the claimant if he is ordered to pay the costs of the proceedings, unless the judge shall otherwise order. 42 V.c. 1, s. 183. CLXXXIV. Pending the adjudication of any such claim, the fae at bailiff or other officer may, upon proper security being given pailif may to him by bond or otherwise for the forthcoming and delivery property, bub to him of the property so taken, or the value thereof, when de- Pee tae manded, permit the claimant to retain possession of the same fym° Proper until there shall be a final adjudication in respect of the same ; but in every such case it shall be competent for the said bailiff or other officer, at any time he shall see fit, to resume the ab- solute and actual possession and custody.of the said property, notwithstanding such bond or security. 42 V.c.1,s. 184, CLXXXV. Any judge may, at any time in chambers, enter- Judge may at tain an interpleader application, and grant his summons there- chambers in, returnable before a judge in chambers, at any: time he shall iuterplewder think proper, and enlarge the same from time to time, and 2PRMcation | hear and determine the matter in dispute, and make his order plan aie the thereon, which shall be final and conclusive ; and the.proceed- — ~ ings before him, and his said order shall be filed and entered by the clerk of the proper court, and form part of: the records of the said court ; and thereupon such proceedings may be had and taken as is provided in respect of interpleader issues adjudicated upon at the regular sittings of the sa‘d court, or any other proceedings the said judge shall order. 42 V.c. 1, s. 185, LANDLORDS. CLXXXVI. So much of the Act passed in the eighth year of Statute of the reign of Queen Anne, intituled : “An Act for the better securi- sable fogosas ty of rents and to prevent frauds committed by tenants,’ as taken im exe relates to the liability of goods taken by virtue of any execu- tion or attachment under this Act,shall not be deemed to ap- ply to goods taken in execution under the process aforesaid of any county court; but the landlord of any tenement in which What land- any such goods are so taken may, by writing under his hand daim7i case or under the hand of his agent, stating the terms of holding, seizures and the rent payable for the same, delivered to the bailiff or time. 490 Chap. 34. COUNTY C®URT. other officer, making the levy or seizure, claim any rent in ar- rear then due to him, not exceeding the rent of four weeks when the tenement has been let by the week, and not exceed- ing the rent accruing due in two terms of payment where the tenement has been let by the month, ot quarter, or for any other term less than a year, and not exceeding in any case the rent accruing due in one year. 42 V.c. 1,8. 186. What bailit CUXXXVII. In case of any such claim being so made, the 0 do in case alandlord bailiff or other officer making the levy, shall seize and take as tieus‘atere- well for the amount mentioned in the process and costs, as for ee the rent claimed and the costs of such additional levy, and shall not sell the same, or any part thereof, until after the end of eight days at least next following after such seizure. 42 V. c. 1, s. 187. Goods, addi- —- CLXXXVIII. If the additional goods or property taken for bereplevied the said rent shall, as the same may be, be replevied by the ten- vy tenant. ant, so much of the goods and property as are not taken for the said rent, or so much thereof as will satisfy the execution and all costs, shall be sold, and the residue of such goods shall revert to the defendant and be subject to be replevied as though no Goods not, execution had been laid on them; or in case of attachment, may besold the residue of the goods other than those taken by way of dis- in case of it. tress for rent, shall be subject to be treated as goods taken under attachment in ordinary cases. 42 V.c. 1, s. 188., If rent really CUXXXIX. If the rent claimed by the landlord is, accord- tenant do not ing to the provisions of this Act, really due and justly payable of procéodsof to him, and the tenant does not replevy the goods taken in gale landlord respect thereof, out of the proceeds of the sale of such goods, paidrent— _the landlord shall be first paid his said rent, provided he has rididue-pro, conformed to the provisions of this Act, and the residue there- Wharsxeeu- Of, or so much thereof as may be sufficient, shall be applied to operat the satisfaction of the said execution, and all costs: provided creditor may always, that in any case of a claim by a landlord, the execution , or attaching creditor may at once satisfy the claim of the land- lord, and in such case the process shall be executed as though no such claim were made in respect of the said goods, except that under the process a sufficient levy shall be made over and above what otherwise would be made to indemnify and repay the execution or attaching creditor the amount of the rent so by him paid to the landlord as aforesaid. 42 V. ¢. 1, s. 189. Any disputes CXC. Any disputes respecting any matter arising under the n : ; 5 weg last 4sections last preceding four sections may be submitted to any judge may besub- at any sittings of the said court, or atany other time, who may judge atany hear the same and the parties interested, and decide the same ; sitting of the / é 3 : court—whose or the same may be adjourned, from time to time, and may at decision shall any such adjourned hearing be heard and decided and the order made thereon shall be entered by the clerk, and shall be final and conclusive between the parties, 42 V.c, 1, s. 190. COUNTY COURT. Chap. 34. 491 EXECUTORS AND ADMINISTRATORS. CXCI. A party suing an executor or administrator may Faint may charge in the summons that the defendant has assets and has wasted them: (1.) In all cases if the court shall be of the opinion that the lv defendant defendant has wasted the assets, the judgment shall be. that assets, the the debt or damages and costs shall be levied de bonis testato- aes aioe ris si ete, et si non, de bonis propriis, and the non-payment Bfect on such of the amount of the demand immediately on the court finding such.demand to be correct, and that the defendant is charge- able in respect of assets, shall be conclusive evidence of wasting to the amount with which he is so chargeable ; (2.) Where an executor or administrator denies his repre- When execu- sentative character, or alleges a release to himseli of the de- nistrator gee denies his re- mand, whether he insists on any other ground of defence or presentative not, and the judgment of the court is in favor of the plaintiff, 72"°4"tne it shall be, that the amount found to be due and costs shall be qudcaeent ie levied, de bonis testatoris si etc., et si non, de bonis propris ; plaintiff, ete. (3.) Where an executor or administrator admits his repre- [defendant sentative character, and only denies the demand, if the plain- but denies de- tiff prove it, the judgment shall be, that the demand and costs ment shall be shall be levied, de bonis testatoris, etc.,et, si non, as to costs, de °** bonis propriis ; (4.) Where the defendant admits his representative charac- RS abe talriag ter, but denies the demand and alleges a total or partial admin- ete., but de- 4 istration of the assets, and the plaintiff proves his demand; and aie alieges & the defendant proves the administration alleged, the judgment fot@l gr Rar shall be, to levy the costs of proving the amount de bonis tes- ay ae tatoris ete., et, si non, de bonis propriis; and as to the whole plaintitt or residue of the demand, judgment of asssets quando accide- trend, and runt ; and the plaintiff shall pay the defendant’s costs of prov- defendant ing the administration of assets ; See ‘ > judgment shali be, ete. (5.) Where the defendant admits his representative charac- Where defen- ter, but denies the demand, and alleges a total or partial ad- fis represen- ministration of assets, and the plaintiff prove his demand, but {tive charac- the defendant does not prove the administration alleged, the demand, ete., judgment shall be to levy the amount of the demand, if such @™°""*'* amount of assets is shown to have come to the hands of the defendant, or such amount as is shown to have come to his hands, and costs, de bonis testatoris, etc., et, si non, as to the costs, de bonis propriss ; and as to the residue of the demand, if any, judgment of assets quando acciderint ; (6.) Where the defendant admits his representative charac- Where defen- ter and the plaintiff’s demand, but alleges a total or partial ce bar” administration of the assets, and proves the administration al- 2!/sges partial leged, the judgment shall be for assets, quando acciderint, and nistration, 492 Chap. 34. COUNTY COURT. judgment, the plaintiff shall pay the defendant’s costs of proving’ the: administration of assets ; ¢ 7 bei (7.) Where the defendant admits his representative charac- ete. and’ ter and the plaintiff’s demand, but alleges a total or partial alleges but — administration of the assets, but does not prove the adminis- Prinistration tration alleged, the judgment shall be to levy the amount of alleged —judg- the demand, if so much assets is shown to have come to the ™ "hands of the defendant, or so much as is shown to have come to his hands, and costs de bonis testatoris si etc., et st. non, as to the costs, de bonis propriis ; and as to the residue of the demand, if any, judgment of assets, quando acciderint ; Where juds- — (8.) Where judgment has been given against an executor or ment given against exe- administrator, that the amount be levied upon assets. of the Sninistraror deceased, quando acciderint, the plaintiff or his personal re- belovied "" presentative may issue a summons according to the form in upon assets the schedule of forms to this Act; and if. on the return of the int—what summons, it shall be proved that assets have come to the hands plaintif’ may of the executor or administrator since the judgment has been summonsin yp, ‘ - " summonsin recovered, the court may order that the debt, damages and what may be costs be levied, de bonis testatoris si, etc. et, si non, as to charged in : summous— costs, de bonis propriis : provided, that it shall be competent i for the party applying, to charge in the summons that the ex- ecutor or administrator has wasted the assets of the testator or intestate, in the same manner as hereinbefore provided, and ‘ the provisions hereinbefore contained stall apply to such en- quiry ; and the court may, if it appears that the party charged has wasted the assets, direct a levy to be made, as_ to the debt and costs, de bonis testatoris, etc. et, st non, de bonis pro- priis ; Inany action (9.) Where a defendant admits his representative character Yant.execx, and the plaintiff’s demand and that he is chargeable with any Hooior aie sum in respect of assets, he shall pay such sum into court sub- mits, ete-y Ject to the provisions relating to the payment of money into money into court in other cases 5 court. In cases not (10.) In actions against executors or administrators, for thisAct. which provision is not in this Act specially made, if the de- fendant fails as to any of his defences, the judgment shall be for the plaintiff as to his costs of disproving such defence, and such costs shall be levied de bonis testatoris si ete., et, st non, de bonis propriis ; In actions by 3 etl in} ; Fn ze povinns (11.) In actions by executors or administrators, if the plain etc.,if the tiff fail, the costs shall, unless the court shall otherwise order, eats. dbe awarded in favor of the defendant, and shall be levied de bonis propriis ; , Forms in this And the forms of the proceedings under this section may be econo after the forms in the schedule of forms to this Act. 42 V. c. 1, s, 191, COUNTY COURT. Chap. 34. 493 EXAMINATION OF JUDGMENT DEBTOR. CXCI. Any party having an unsatisfied judgment or order Examination in any county court, for the payment of- any debt, damages or debtor. costs, may procure from the clerk of the court wherein the judgment has been obtained, if the defendant resides or carries on his business within the judicial division of such court, or from the clerk of any other court, into which the judgment has been transferred by filing therein a transcript thereof, and within the judicial limits of which last mentioned court the defendant resides or carries on his business, a judgment sum-Judement_ mons to be after the form prescribed in the schedule of forms form of. to this Act; and such judgment summons may be served either Hw served. personally upon the person to whom the same is directed, or by leaving a copy thereof at the house of the party to be serv- ed, or at his usual or last place of abode, or with some grown person there dwelling, requiring him to appear at some time and place therein expressed, to answer such things as are named therein ; and if the person so served appéars in pursu- I» respect of ance thereof, he may be examined upon oath touching his es- dant may be tate and effects, and the manner and circumstances under °**™™e*- which he contracted the debt or incurred the damages or lia- bility which formed the subject of the action in respect of which the judgment has been recovered, and as to the means and expectations he then had, and as to the property and means he still has, of discharging the said debt, damages or liability, and as to the disposal he has made of any property. 42 V.e¢. 1, s, 192. ‘CXCIII. The person obtaining such summons, and all wit- Penlae on nesses he may produce before the judge, may be examined cath—wit. upon oath touching the enquiries authorized to be made by Bosses may be the next preceding section, 42 V.c. 1, s. 193. CXCIV. The examination shall be held in the judge’s Where held. chamber unless the judge shall otherwise direct. 42 V.c. 1, 8. 194. CXCV. The costs of such judgment summons and of all pro- ©osts. ceedings thereon, shall be deemed costs in the cause, unless the Judge otherwise directs. 42 V.c.1,s.195. | r hi 1 _ . In case a CXCVI. In case a party has, after his examination, been Ms¢3.. discharged, no further judgment summons shall be sued out Paanation against him at the suit of the same or any other creditor ex-charged, no cept upon affidavit satisfying the clerk of the said court, upon mous erent facts not before the court upon such examination, that the Poou as eeytt 5 s 2 ating party had not then made a full disclosure of his estate, effects sreeiol facts pcs : 3 : f and debts, or satisfying the said clerk that since such examin- clerk ote ation the party has acquired the means of paying the debt: and such affidavit shall be filed and annexed to the judgment AMdayit to summons when the same shall have been returned into court, annexed to and along with the judgment summons be produced before the and returned 494 Chap. 34. COUNTY COURT. intocourt, judge on such second examination together with the notes of the first examination. 42 V.c. 1, s. 196." CXOVII. If the party so summoned, If the party (1.) Does not attend as required by the summons, or allege tead ; or a sufficient reason for not attending ; or ‘ Attend and 2 ; Attendand —=—(2.) If he attends and refuses to be sworn, or to declare any sworn; or of the things aforesaid ; or a eta baste (3.) If he does not make answer touching the same to the answer;or satisfaction of the judge; or If fraud or (4.) If it appears to the judge either by the examination of ad faith 7 : . appearin ’ the party or by other evidence, (a) that the party obtained contracting credit from the plaintiff, or incurred the debt or liability under false pretences, or (6) by means of fraud or breach of trust, or (c) that he wilfully contracted the debt or liability without having had at the time a reasonable expectation of being able to pay or discharge the same, or (d) has made or caused to be made any gift, delivery or transfer of any property, or has re- moved or concealed the same, with intent to defraud. his cre- ditors or any of them ;, or Orhador has (5.) If it appears to the satisfaction of the judge that the thedebt. -” party had when summoned, or since the judgment was ob- tained against him has had sufficient means or ability to pay the debt or damages, or costs recovered against him, or to dis- charge the liability altogether, or by instalments which the court in which the judgment was obtained has ordered ; and if he has refused or neglected to pay the same at the time, and in the manner ordered, whether before or after the return of May commit the judgment summons; the judge may, if he thinks fit, form ofeon- order such party to be committed to the common gaol of the commitment. Province for any period not exceeding forty days with or with- out hard labor; and the form of the conviction and commit- ment may be after the form in the schedule of forms to this Act. 42 V.c1,s. 197. A party fail- CXCVIIL ~~ ment, rule, order or directions of the court of Queen’s Bench ; and said appeal bond may be in the form in the schedule of forms to this Act. 42 V. c. 1, 5. 227. COXXVIII. The party appellant shall file with the clerk of Appellant'to: the court of Queen’s Bench the said appeal book, with a short SrQ”y3 cen statement in writing annexed thereto of his grounds of appeal, book with ¥ together with two copies of the said appeal book and grounds appeal—two ” 502 Chap. 34. COUNTY COURT. whencase Of appeal, at the time he sets the appeal down to be heard; set downto and the case may be set down, and notice thereof given, on. any day in term before or on the fourth day before the last day of term. 42 V.c. 1,5. 228. i Dasstiowor UCAXIX, The clerk of the court of Queen’s Bench, in tax- y clerk. ‘| . a eS ofQ B. ing the costs of any appeal under this Act, shall, in items not provided for in any tariff of costs, allow such fees and charges as, in view of like or similar items provided for, he thinks just and reasonable. 42 V.c. 1, s. 229. GENERAL PROVISIONS. Amendments ((XXX, The court or any judge thereof shall have power as to form ‘ andsubstance at any time to make or order any ameadments in substance or sinkeout form in any action, cause or proceeding in any county court, DRENERS and to add or strike out or substitute parties, so that thereby the real subject matter intended to be litigated may be tried or heard between the real parties, or any defect not involving the actual merits of the case, may be cured, although it may not be a matter of form only but one of substance: provided always, that in all such cases due regard shall be had to the interests of all parties and to the matter of costs; and any judge may at any time, on a proper application to him, in any case in any county court, order the issue of a writ of commis- sion to take evidence in the cause, as may in like cases issue in the court of Queen’s Bench and for like purposes. 42 V.c¢, 1, s. 230. : ene. CCXXXI. It shall be lawful for the judges or any two of erated, in- them, of whom the chief justice shall be one, by rule or order, lessened by to change, moderate, modify, increase or lessen the several mureor ore items in the several tables of fees to this Act, as actual experi- ence and the circumstances and condition of the business in the several courts, and of the suitors and the country, and right and justice, shall demand and require. 42 V.c. 1, 3, 231. Forms. CCXXXII. The forms in the schedule to this Act, or forms modelled after them, may be used in the several cases and pro- ceedings to which they relate, regard being always had to the he braceeg requirements ot the Act; but no proceeding shall be vitiated for defect in for want of or defect in form, but all defects in form may, at form—defects 2. inform may any time when discovered, be corrected ; and in cases not pro- feamended. vided for in the said forms, the officers of the court may frame such forms as the proceedings shall require, regard being had to the statute and to the said schedule of forms; and such forms shall be as valid as if contained in the said schedule of forms to this Act; the following are the forms in the said sche- dule to this Act, and the said schedule shall form part of this Act : No. 1. Covenant by clerk or bailiff : No. . 8. No. No. 9. 9. COUNTY COURT. Chap. 34. 503 Ordinary summons ; . Special summons ; . Jury summons ; c . Execution against goods of detandant (1); . Execution against goods of plaintiff (2) ; . Summons to revive judgment ; . On behalf of executor or administrator (1) ; . Transcript of judgment; Certificate of judgment for registration ; Affidavit in replevin (1) ; Affidavit in cases other than distress for rent and damage feasant (2) ; No. 10.. Writ of replevin ; No. No. No. No. No. . 16. _ 17. 18. tory ; No. No. No. No. 11 12. 13. 14, 15. . 19, . 20. . Replevin bond ; Assignment of replevin bond ; Return to writ of replevin ; Inventory in replevin ; Capias in withernam ; Writ of attachment ; Affidavit for attachment ; Inventory in attachment ; Oath to be taken by the appraisers ; Appraisement to be endorsed or annexed to inven- . Bond, supersedeas to attachment ; 2. Receipt bond to bailiff or other officer ; . Bond to sell perishable goods; . Affidavit of justification ;- . Garnishee affidavit after judgment ; 504 Chap. 34, COUNTY COURT. No, 25, Garnishee order without summons after judgment ; No, 26. Garnishee order with summons after judgment; No. 27. Affidavit before judgment for garnishee ‘order or or- der and summons ; \ No. 28. Garnishee order without summons before judg- ment, No. 29. Garnishee order with summons before judgment. ’ No. 30. Summons to primary debtor and garnishee before judgment. No. 31. Minute of judgment against garnishee on judgment already recovered. No. 32. Minute of judgment against primary debtor and garnishee. No, 33. Execution against garnishee on Judgment already recovered. No. 34, Execution against garnishee on judgment recovered against the defendant and primary debtor. ‘No. 85. Execution against primary debtor and garnishee; No. 36. Execution against primary creditor for costs ; No. 37. Garnishee attachment book ; No, 38. Interpleader summons ; No. 39. Statement of claimant ; _ No, 40, Adjudication on interpleader ; No, 41. Minute of judgments in the cases of executors and administrators ; | No. 41. Of an ordinary judgment against executor or ad- ministrator ; (1) No. 41. Of judgment against executor or administrator who has wasted assets ; (2) No, 41. Of judgment against executor or administrator who has denied his representative character, or pleaded a release to. himself ; (3) No. 41. Of judgment against executor or administrator who admits his representative character, but denies the demand ; (4) COUNTY COURT. Chap. 34. No. 41. Of judgment against executor or administrator where he admits his representative. character, but denies the demand, and alleges total or partial administration of assets; and the plaintiff proves his demand, and the defendant proves admin- istration of assets; (5) I No. 41. Of judgment in the same case as the last, except defendant fails to piove administration of assets; (6) No. 41. Of judgment against executor or administrator ho admits his representative character and the plaintiff's demand, but alleges a total or partial administration of assets, and does not prove the administration : (7) No. 41. Of judgment against executor or administrator on devastavit after judgment; (8) No. 41. Of judgment to revive a judgment against executor or administrator ; (9) No. 41. Of judgment for executor or administrator to revive a judgment ; (10) No. 41. Summons on behalf of executor or administrator, to revive a judgment: (11) a No. 41. Summons against’ executor or administrator, on a devastavit ; (12) No. 41. Suggestion of devastavit in original summons ; (13) No. 41. Summons to revive a jadgment against executor or administrator ; (14) No. 41. Summons to executor or administrator, where plain- tiff alleges that assets have been in, or come to; the hands of defendant since judgment, for order ; (15) No, 42. Order of reference ; No. 43. Award ; No. 44, Subpcena to witness ; No. 45. Judgment summons (after judgment) ; t No. 46, Judgment summons to defendant after default ; 505 506 Chap. 34. COUNTY COURT. No. 47. Commitment in default of appearance ; No. 48. Commitment after examination ; No: 49, Commitment for contempt in open court ; No. 50. General torm of conviction under this Act ; No. 51. Appeal bond ; No. 51. Affidavit of justification ; No. 51. Affidavit of caption. 42 V.c.1, s. 232. INTERPRETATION, Interpreta- CCXXXIII. In construing this Act and the forms thereto, er unless otherwise declared or indicated by the context, the fol- lowing words shall have the several meanings hereby assigned to them, over and above their several ordinary meanings, viz: The word “party” shall mean a party to a suit, action, or pro- ceeding ; the word “person” shall mean anyjperson whether a party to a suit, action, or proceeding or not ; the word “party” or “person” shall include and be understood to mean a body politic or corporate, as well as an individual; the word “exe- cutor” shall be held to embrace and mean “of the last will and testament,” and extend to such parties as act as such of their own wrong ; the word “administrator” shall be held to em- brace and express “of the goods and chattels, rights, and credits which were, &.” ; every word importing the singular number shall, where necessary, be understood to mean several persons or things, as well as one person or thing ; every word importing the masculine gender shall, where necessary, be understood to mean, a female as well as a male; the word “sworn” and the words “on oath” shall be understood to mean affirmed, or on oath, viva voce, or by affidavit, or affirmation ; the words “a’ judge” or “the judge” shall. mean any judge of the court of Queen’s Bench, or any deputy lawfully acting for him ; the word “clerk” shall mean and include a deputy clerk, or acting clerk ; the words “plaintiff” and “defendant” shall be mutually transposed where necessary for the proper application and con- struction of this Act or the said forms giving effect thereto ; the words “judicial division” shall include such territory as by any provision in any statute is now assigned to any county court, or that shall hereafter by any act, or by order in eouncil, be assigned to.any county court; the word “claim” shall mean the demand or the subject matter for which any action, suit or proceeding is brought or instituted in any county court ; the word “process” shall mean any summons, writ, or warrant issued under the seal of the court, or judge’s summons, or order. . COUNTY COURT. SCHEDULE. A, Table of fees of the clerk referred _ toin section 28. ‘Receiving claim, numbering and entering in procedure book.... Issuing “ordinary summons” with necessary notices thereon or judgment summons.......... “Special summons” as distinguish- ed from the “ordinary summons’ with warnings subjoined, writ of replevin, interpleader sum- mons or summons and order, or summons alone under gafnishee ClAUSER ose cece deans scene e Entering interpleader summons and garnishee summons or order in procedure book............ For each copy of the foregoing summonses for each defendant Every copy ¢ of claim fcr each de- fendant.. Gipiss of process of claim or set-off, or of any other paper or document to be paid by the party requiring the same, except they are required in cause or proceeding and their cost is cost in the cause or preceeding, 10cts. per folio of 100 words. Every original subpceena with any number of names............ Every copy of subpoena........ Drawing every necessary affidavit , and administering, oath (except ,in cases of the service of papers Not exceeding $20. Exceeding $20 and not exceeding $50. sx teoding $50 and not exceeding $100 cs S sf Q = fa Q ot 0 25 0 25 o bo Se 025 040 0 75 030 050 0 80 015 0 20 0 30 015 025 0 40 010 0 20 0 20 a 0 40 07 0 10 010 010 Chap. 34. 507 Exceeding $100 . exceeding sand not $250. $ ct. Fees of clerks 25 oO 0 40 0 50 0 25 1 00 0 10 508 Fees of clerk. Chap. 34. COUNTY COURT. Not exceeding $20. BR ° st by bailiff or other officer of the court) .. 0 20 Entering bailiff’s or other officer's return to process or judge’s OPE? . casiceceeus yee sea aeans 0 10 Entering appearance and “dispute note” of defendant........... 0 10 Entering notice of set-off or plea of payment or other defence re- quiring notice to the plaintiff.. 0 10 Every notice required to be given to a party to a cause or pro- ceeding, or to any judge in re-» spect of the same, and mailed, or otherwise given, exclusive of postage... . eee eee eee 0 10 Hearing fee in contested cases, in- cluding all necessary entries, taxation of costs, etc.......... 0 50 : Entering every order made by a judge, or a judgment by default or in any matter other than the trial of a cause.............. 0 20 Filing every exhibit at the trial directed to be filed ............ 0 10 Every reference or inquiry refer- red to the clerk per hour actu- ally engaged..............005. 150 Putting the seal of the court to any document not being a writ or process, and not a certificate or transcript of judgment, 50 cents. Every certificate of judg- ment under the seal of the COULD aes snecin eral ne Mire ee eevee 0 50 -Exceeding $20 and not exceeding $50. $ 0 40 Q gt 0 10 0 20 0 15 0 20 1 00 0 25 0 10 1 50 0 50 Exceeding; $50 and not_exceedling $100 RK ot 0 70 0 10 0 25 0 20 0 20 1 50 ‘0 50 0 10 1 50 0 50 exceeding Exceeding $100 and not $250, - 2 6 So, e 0 10 0 30 0 25 2 00 0 75 0 10 1 50 0 50 COUNTY COURT. Every transcript of judgment un- der the seal of the court...... Every search, except by a party to the cause or proceeding, who is not to be charged unless the same ws a year old .......... Taking every affidavit (except as aforesaid)—summons for each juryman when called by the Partles: csi slay sakes elas dnoree For a judge’s jury called from the court room, including the neces- ary entries $1.00 in all. Order of reference and entering same in procedure book...... Every writ of execution or writ in the nature of execution, includ- ing all necessary statements and indorsements, and delivery thereof to the bailiff or other officer, and receiving the return thereof, and taking charge of and sending by post the money returned on the writ or paid on account of the action to the party entitled to the same (the party to whom the money is sent to be charged 10 cents for BONING We icnias a pa eee ewes s Every warrant for arrest of delin- QUCTbs vie ccagwre wae eddies Every bond when necessary in- cluding affidavit of justification and execution when necessary.. For each necessary entry in the debt attachment or garnishee book : a : 2 8 £3 2 88 $ ct. $ ct. 050 0 50 0 20 0 20 0 20 0 20 015 0 25 100 1 00 0 380 0 40 0 30 0 40 015 0.15 Chap. 34. 509 38 a ae os az 3: wd toe B38 8% Sus sas BS aes $ ct. $ ct. . Fees of clerk, 0 50 0 50 0 20 0 20 0 20 0 20 8 0 50 1 00 100 1 00 050 10 050 1 00 015 015 510 Chap. 84. COUNTY COURT. Ct, 3 3 oo s Hh Eo # 6 6§P 6Oge OBB 3 ws ws ¢ 88; 38 de S$ $8 85 88. 2 weed 2 9s p #2 AE AEE $ ct. Set. Set. $ et Fees of clerk. Transmitting papers to be served, a or to a judge on application to him, including the necessary ’ entries but not including post- AGES Lec eee cette ere eereeee O 20 .0 20 0 20 0 20 Receiving papers from another di- vision for service, entering. the same, handing to the bailiff, re- ceiving his return, and trans- mitting same, if return made promptly, not otherwise...... ~0 30 0 30 0380 0 30 e Exemplification or copies or certi- ficate of proceedings, per folio of 100 words, 10 cents. ° Per dollar on payment of money into court..........0.00208e 002 002 002 0 02 Note.—It shall be competent for any judge to lessen or in- crease any of the above items of allowances if he shall see good reason for so doing, and to make such allowance for any un- provided item that he thinks just, and in contested cases of a special and important nature to allow any barrister a trial fee not exceeding $10. SCHEDULE. B. Tariff of fees of the bailiff referred to in section 28. Not exceeding $20. Exceeding $20 and not exceeding $50. xceeding $100 and not cxeeeding Exceeding $50 and $250. not exceeding $100 “| BE RB oO ct R oO ai f OQ ct “fo oO ot Service of summons, order, or other proceeding, with all notices in- dorsed thereon or annexed there- to, on each defendant, (except summons or subpcena to wit- ness and summons to juryman), including affidavit of service, oath, and return to clerk....... 025 0 30 050 0 50 COUNTY couRT. Chap. 34. 511 a Service of subpoena on each wit- ness, or independent notice on each person................., Service of summons on each jury- TOT esis Pon wee ane oo Enforcing every writ of execution or attachment..............., Enforcing every warrant against the body, each.............. Executing writ of replevin, in- cluding service.............,. Inventory and return of writ of replevin where goods are re- plevied, including athdavit of service, and oath, etc........ Inventory and return with ap- praisement, etc, where goods seized under a writ of attach- ment Scala of — of ap- praisers).. Every mile dinoaiaatlg travelled to serve summons, process, or other necessary paper, or in going to seize on attachment, or under execution where money made, or case settled after levy, per file ae ssunicind cee (In no case is mileage to be allow- ed but one way, and in no case for a greater distance than from the clerk’s office to the place of® service or seizure.) Mileage in going to arrest delinquent and for carrying him to gaol when that is done, (exclusive of assis- tance where such is necessary) pPerMmilenuiscs Meehan sais Not exceeding $20. Exceeding $20 and not exceeding $50. Exceeding $50 and not exceeding $100 and not exceeding. Exceeding $100 $250. R 2 ot wR 2 or SS ° ot we ° ce " Fees of bailiff, 025 030 050 050° 025 025 025 0 2% 025 080 050 075 100 100 100 100 O97 1:00. 175 200 025 025 025 0 50 030 050 0 ~T we 1 00 015 015 015 £045 020 020 020 0 9 512 Chap. 34. COUNTY COURT. q ¢s 2 2 Ce see se os gf 68 GE OS 6 $5 38 $F. 6 HS ko HES A Ra AA Rae $ ct. Set Sot. §F et, Fees of bailiff. Hvery bond including affidavit of - justification and of execution when necessaty ............. 025 080 050 0 75 Every notice of sale (including posting up) under execution or attachment, not exceeding PHPCO main caw Sed dea van 0 25 0 30 0 50 0 75 There shall be allowed the bailiff for removing or retaining property seized under execution or attachment reasonable and necessary disbursements and allowances to be first settled by the clerk, subject to appeal to a judge; but in all cases where this expense can be avoided by taking receipt bond or other- wise it must be, or it will not be allowed. There shall be allowed to the bailiff five per cent. upon the amount realized from the sale of the property under any exe- cution, but such percentage shall not apply to any overplus thereon. f Nots.—It shall be competent for a judge in any case to lessen or increase any of the above items of allowance if he shall see good reason. for so doing, and to make such allowance for any unprovided item that he thinks just. SCHEDULE. : C. Table of fees to witnesses, jurors and appraisers. 7 J— ALLOWANCE TO WITNESSES, Fees to wit- i Cressi cae Gankae, 5 peer y Attendance per day in court $0 75 and apprais- © ers, . . No allowance for mileage where residence of witness is within three miles of the sittings of the court. When residence is beyond three miles traveling expenses only actually paid, but in no case to exceed per mile one Way... ............c cece ® 20 1 , COUNTY COURT. ‘Chap. 34. 2.— ALLOWANCE TO JURORS. Each juror actually attending court........... $0 50 No allowance for mileage. 3,—ALLOWANCE TO APPRAISERS UNDER ATTACHMENT. Each appraiser at the rate per day for the time actually employed, but for no longer period.,.. $1 00 Nots—lIn all the above cases the costs must be strictly taxed according to the very letter and spirit of the tariff, and before taxation of witness fees, the fees must be actually paid unless the judge otherwise orders. SCHEDULE OF FORMS FORMING PART OF THIS ACT. FORM No. 1.—Sec. 12. COVENANT BY CLERK OR BAILIFF. Know all men by these presents that I, A. B., clerk (or bail- iff, as the case may be) of the county court of the county of _ Govenant of J. H. of in the county of baitiet. (Esquire) and P. M. of in the county of (gentleman) do hereby jointly and severally for ourselves, and for each of our heirs, executors and administrators, covenant and promise that A. B,, clerk (or bailiff ), of the said county court of the county of shall duly account for and pay over to the person or persons entitled to the same all such moneys as he shall receive -the same by virtue of the said office of clerk (or bailiff) and shall and will well and faithfully do, execute’ and perform all the duties imposed upon him as such clerk (or bailiff) by law, and” shall not in any manner misconduct himself in the said office, and especially to the damage of any person being a party to or interested in any legal proceeding: nevertheless it is hereby declared. that no greater sum shall be recovered under this covenant against the several parties hereto than as follows, that is to say : Against the said A. B. in the whole dollars ; Against the said J. H. in the whole dollars ; and Against the said P. M. in the whole dollars. In witness whereof we the said parties to these presents have hereunto severally set our hands and seals on this the 33 514 Ordinary summons. Notice to ordinary summons. Chap. 34. COUNTY COURT. day of in the year of our Lord one thousand eight hundred and ; delivered in the presence of Signed, sealed the FORM No. 2.—Sees. 44, 46, 46. ORDINARY SUMMONS. No. In the county court of the county of [Seal.] Between A. B., plaintiff, > and C. D., defendant. To C. D,, the above named defendant : You are hereby as before, (or as often before you were sum- moned, if summoned before) to appear at the sittings of this court to be holden at in the county of on the day of 18 at the hour of ten o'clock in the forenoon to answer the above named plaintiff in an action for the causes set forth in the plaintiff ’s statement of claim herewith (or indorsed hereon); and in the event of your not so appearing, the plaintiff may at the said sittings ot the said court proceed to obtain judgment against you in your absence. Dated day of 18 By the court, X. Y,, Clerk. Costs exclusive of mileage... ..$ Norice—No appearance or plea by the defendant is in this action necessary, but the defendant at the trial or hearing of this cause may raise any defence he is advised; but if he de- - sires to raise a defence of set-off, he must, six days before the day of the sittings of the said court, if the plaintiff resides within the division, notify the plaintiff in writing of the par- ticulars of his said set-off, or in some way notify or let the plaintiff know that he intends to raise a defence of set-off at COUNTY COURT. Chap. 34. the trial of the cause, and the particulars of such set-off; and in case the plaintiff resides out of the division, the said set-off in detail, in writing, may, six days before the sittings of the said court, be left with the clerk of the said court. Note.—tThe above form is to be used in all cases of wrong or tort, and in all cases where judgment cannot be, and is not intended to be, signed by the clerk in default of the defendant appearing and filing a “dispute note.” FORM NO. 3.—Secs. 55, 56. SPECIAL SUMMONS. No. In the county court of the county of . [Seal.] Between A. B., plaintiff, and C. D., defendant. To the above named defendant. 515 The plaintiff demands $ as shown by his claim herewith Special sum- mons. (or indorsed hereon) ; you are notified that this summons is re- turnable on the eleventh day after the day of the service here- of upon you ; and you are to satisfy the said claim against you, or if you dispute the same or some part ‘thereof, you must leave with the clerk, within ten days after the said service upon you or before judgment shall be signed against you, the “dispute note” mentioned in warning No. 1 subjoined, other- wise after such return day has passed, the clerk may sign judgment against you for the plaintiff’s claim by default. But in case you give or send to the clerk, and he receives the said “dispute note,” the cause will be tried at the sittings of this court to be holden at in the county of on the day 18 , at which time and place you are required to appear ; and in default of your so appearing the plaintiff may proceed to obtain judgment against you. Dated the day of 18. By the court, X.Y. Clerk. Clann dae aaie oe tea adiess $ Costs, exclusive of mileage. ....$ 516 Chap. 34. COUNTY COURT. ' NOTICES AND WARNINGS TO THE DEFENDANT. Warning No. Warning No. 1.—If the defendant disputes the plaintiff's : claim or any part of it, he must leave with the clerk within ten days after the day of the service hereof a “dispute note” to the effect, or in the form following : In the county court of the county of (name of court) (style of cause as) A John Brown, plaintiff, and John Smith, defendant. oingte The plaintiff's claim is disputed. John Smith, defendant. In default whereof the clerk may sign final judgment at any time before the said sittings of the court after the expiration of ten days from the day of service, upon the return of the summons, None Warning No. 2.—If the defendant desires to raise a defence of set-off, he must within six days before the day of the sit- tings of the said court, if the plaintiff resides within the divi- sion, notify the plaintiff in writing of the parviculars of his set- off, or in some way notify or let the plaintiff know that he in- tends to raise a defence of set-off at the trial of the cause, and the particulars of such set-off ; and in case the plaintiff resides out of the division, the said set-off, in detail, in writing, shall, within six days before the sittings of the said court, be left with the clerk of the said court. Note.—The above form is to be used in all cases coming under sec. 55, where it is intended the clerk shall sign judg- ment in default of the defendant entering the “dispute note” mentioned in sec. 56. FORM No. 4.—See. 96. JURY SUMMONS. In the county court of the county of [Seal.] To a juron. Jury sum- You are hereby summoned to appear and serve as a juror in ara this court to be holden at in the county of on the day COUNTY COURT. Chap. 34. 517 of 18 at ten o’clock in the forenoon. Herein fail not. Dated the day of 18 By the court, * ®. ¥., Clerk. FORM No. 5.—See. 104. 1.—EXECUTION AGAINST GOODS OF DEFENDANT. No. In the county court of the county of {Seal.] Between A. B., plaintiff, and C. D., defendant. Whereas, on the of 18 Execution ea ‘i 5 ‘i $ against goods. the plaintiff recovered in the said court judgment against the of defendant. defendant for $ for debt and $ for costs of suit which remains unsatisfied (when the judgment has been reviv- ed add, and on the day of 18 the said judgment was duly revived) you are hereby required to levy of the goods and chattels of the defendant (not exempt from execution) the said moneys remaining unsatisfied on the said judgment amounting together to the sum of $ and your lawful fees; so that you may have the same within thirty days from the date hereof and pay the same over to the clerk of this.court. Given under the seal of this court this day of 18 By the court, X.Y, Clerk. To V. W., bailiff (or as the case ma,y ve). Judgment, and costs to judgment, (07 balance of judgment and costs as the case may be). $ TONES ig eat ROWE ote nee chimeaeenied at Subsequent: costs This execution ............cccc cece eee eens Levy the sum of $ and your lawful fees upon this writ. Sea em mee eee eee tee ewe 518 Execution ™™ against goods Chap. 34, COUNTY COURT. 2.— EXECUTION AGAINST GOODS OF PLAINTIFF. No. [Seal.] In the county court of the county of Whereas, on the day of 18 of plaintiff. judgment was given for the defendant against the plaintiff Summons by executor or administra- tor to revive judgment. for $ _ for set-off (or af the judgment be for costs only or for costs and trouble only, leave out the word set-off and say for _ costs, or for costs and trouble, as the case may be,) which re- mains unsatisfied, (and then last form of execution to the end, transposing words plaintiff and defendant where they occur ). Notse.—In all other cases the form of the excution may he framed after forms above given, the recital being varied so as to correctly set forth the facts, and the other parts varied to correspond therewith, and with the judgment. FORM No. 6.—See. 109. SUMMONS TO REVIVE JUDGMENT. 1.—On behalf of executor or administrator. No. In the county court of the county of [Seal.] Between A. B. executor, (or as the case may be, administrator) of C. D., deceased, plaintiff, and E. F., defendant. To E. F,, the above named defendant. Whereas, on the day of 18 the above named C. D. recovered in the said court judg- ment against you for $ for debt and $ of suit, which said judgment, a transcript of which is hereto annexed, still remains unsatisfied, and the plaintiff as executor (or administrator, as the case may be,) aforesaid, claims to have execution thereof; you are hereby summoned to appear at the sittings of the court to be holden at in the county of on day of 18 — at ten o'clock in the forenoon, to show cause, if any you have, why the said plaintiff as executor, (or administrator, as COUNTY COURT. Chap. 34. 519 the case may be,) should not have execution against you of the said judgment according to the force and effect of the said re- covery; and in the event of your not appearing judgment may be entered against you by default. Dated this day of 18. By the court, X. Y., Clerk. CMMs adeeb rds ape Costs exclusive of mileage on this process...............- $ FORM No. 7.—See, 107. TRANSCRIPT OF JUDGMENT. No. In the county court of the county of ~ [Seal] Between A.B, plaintiff, and C. D., defendant. Judgment was recovered in this cause by the plaintiff against Transcript of the defendant, (or as the case may be,) on the sia aact day of 18 in the county court of the county of in a cause (07 proceeding) num- * bered for $ debt and costs as stated in the margin hereof. (If any subsequent proceedings have been taken state them thus: and execution was thereon issued on the day of 18 and on the day of 18 returned “no goods,” or as the case may be, together with a short statement of all proceedings subsequent to judgment, and showing how much still remains due on the said judgment for debt and costs, as per statement in the margin hereor.) Suge A s424xeauwseendanen © Costs tO... cseeeee peace hd tare cat $ Subsequent costs........ peste $ PardisOM gy aise. de eco cess bea es ozs OS eee $ 520 Chap. 34. COUNTY COURT. Balance without interest.........$ A true transcript. Dated this day of 18 By the court, X. Y,, Clerk. FORM No. 8.—Sec. 116. CERTIFICATE OF JUDGMENT FOR REGISTRATION, No. In the county court of the county of - [Seal.] Between A.B,, plaintiff, and C.D., defendant. Certificateof I certify that judgment was recoverd in this cause by the eeeee plaintiff against the defendant on the day of 18 in the county court of the county of for $ debt and $ costs of suit and that the same, in so far as appears by the records of my office, remains unsatisfied. (If there have been any payments at the time the certificate is granted state them and the amount thereof.) Dated this day ot 18 X. Y. Clerk. FORM No. 9.—Sec. 131. AFFIDAVIT IN REPLEVIN. 1—In case of distres3 or damage feasant. In the county court of the county of Affidavit for _I, of in the county ot. Se ae (Yeoman, or as the sase may be), make oath and rent or damage as Poke say as follows : COUNTY COURT. Chap. 34. (1.) The goods and chattels after named were, on or about the of one thousand eight hundred and at in the county of and within the judicial division of the above named court, taken by of in the county of under color of a distress for rent (or “damage feasant” as the case may be), who now detains the same. - (2.) The said goods and ehattels as near as I can state, con- sist of (here put in a list of inventory of the goods and chattels ; as, two cows, two yearlings, one horse, one table, one stove, &c.) (3.) The value of the said goods and chattels is to the best of my knowledge and belief the sum of . (4.) Iam the owner of the goods and chattels aforesaid, (or if the case be so; Iam lawfully entitled to the possession of the goods and chattels aforesaid) ; and I contend that the same were unlawfully distrained, and that I am unlawfully de- prived of the possession thereof. Sworn before me at in the county of \ (Signature of deponent.) this day of 18 (Clerk or commissioner, as the case may be.) 2,—In cases other than distress for rent or damage feasant. In the county court of the county of 1, of in the county of (yeoman, or as the case may be) make oath and say as follows: (1.) The goods and chattels after named on or about the day of one thousand eight hundred and at the in the county of and within the judicial division of the above named court, were wrongfully taken out of my possession, (or out of the possession of ; as the case may be), by of the in the county of who now wrongfully detains the same, (or in case a wrongful detention is complained of. say, the goods and chattels after named are wrongfully detained from me or John Brown, as the case may be, by &c., as above.) (2.) The said goods and chattels, as near as I can state and describe, are as follows : (Here give a list awd short descrip- tion of the articles.) , (3.) (If the property was wrongfully got out of the possession of the clarmant, or 1s wrongfully detained alone, and the taking as not complained of, here give a short accownt of it; ‘see sec. 128 and sub.-sec, 3 ; the wrongful taking must be within two 521 Affidavit in cases other than in cases of distress for damage feasant, * §22 Chap. 34. COUNTY COURT. Hl of the issue of the writ, but not the wrongful deten- i0N. » (4) Tam (or John Brown is, as the case may be,) lawfully entitled to the possession of the said goods and chattels. (5.) The value of the said goods and chattels is, to the best of my knowledge and belief, the sum of (the value im any case of replevin. must not exceed $100, and the true value must be stated accwrately.) Sworn before me at in i the county of (Signature of deponent. this day ot 18 \ ee (Clerk or commissioner, as the case may be.) FORM No. 10.—See. 130. WRIT OF REPLEVIN. No. In the county court of the county of [Seal.] . Between iss A. B., plaintiff, ae and ite C. D., defendant. To bailiff (or as the case may be). ey You are commanded that without delay you cause to be re- plevied to : the goods, chattels, and personal < ° property following, that is to say: (here fill in a description of the goods and chattels, as contained im the afidavit,) which goods, chattels and personal property the plaintiff alleges to be of the value of —! in order that the plaintiff may have his just remedy in that behalf. And you the defendant, are hereby summoned to be and ap- pear at the sittings of this court to be holden at in the county of on the day of 18 at the hour of ten o’clock in the forenoon to answer the above-named plaintiff in an action of replevin in respect of the plaintiff’s claim to the possession of the goods, chattels and personal property mentioned in this writ; and you are hereby notified that in the event of your 1 COUNTY COURT. Chap. 34. not so appearing, the plaintiff may proceed to obtain judgment against you by default. Dated the day of 18 By the court, X. Y,, Clerk. FORM No, 11.—Sece. 137. REPLEVIN BOND. Know all men by these presents that we A. B. of W. G. of and I. 8. of are jointly and severally held and firmly bound to V. W. bailiff (or other officer) of in the sum of to be paid to the said V. W., (or as the case may be) his certain attorney, executors, administrators and assigns, for which pay- ment to be well and truly made we bind ourselves, and each and every of us by himself separately and jointly, and each and every of our heirs, executors and administrators separately and jointly,firmly by these presents, sealed with our’ respective seals, and dated this day of 18 3 The condition of the above obligation is such that if the above bounden A. B. do prosecute his suit with effect and without delay against C. D. for the taking and unjustly de- taining (or unjustly detaining,as the case may be) of his goods, chattels and personal property to wit : (here set forth the goods, chattels and personal property as in the affidavit and writ), and do make a return of the said goods, chattels and personal property, ifa return thereof shall be adjudged, and also do pay such damages, if any, as the said C. D. shall sustain by the issuing of the writ of replevin, if the said A. B. fails to re- cover judgment in the suit; and further do observe, obey and perform all orders made by the court in the said suit; then ee obligation to be void, or else remain in full forcé and effect. Signed, sealed and delivered A.B. [Seal.] in the presence of W.G. [Seal] J. 8. [Seal.] 523 Repleyin bond. 524 Chap. 34. COUNTY COURT. FORM No. 12.—See. 137. ASSIGNMENT OF REPLEVIN BOND. Lo be indorsed on bond. Assignment § Know all men by these presents that I, V. W.,within named, font" have at the request of the within named ©. D. assigned over this replevin bond to the said C. D. pursuant to the statute in such case made and provided. In witness whereof I have hereunto set my hand and seal on this the day of 18 Signed, sealed and delivered In the presence of ; Vv. W. [Seal.] FORM No. 13.—Sec. 140. RETURN TO WRIT OF REPLEVIN. Belure io In pursuance of the statute in that behalf I have taken from replevin, the plaintiff a bond conditioned as by the act required made by him and two sureties namely, C. D. of in the county of yeoman, (or as the case may) be and J. S.of . in the county of merchant (07 as the case may be), which bond bears date the day of 18 and is witnessed by And by virtue of the annexed writ to me directed I have seized and delivered to the plaintiff the following goods and chattels, that is to say; (Here describe and particularize the goods and chattels replevied,) being the goods and chattels, (or being a portion of the goods and chattels, as the case may be) in the said writ mentioned: (4f only a portion of the said ’ goods and chattels are replevied add and I cannot replevy the residue of the said goods and chattels, namely: shortly des- cribe them, as by the said writ commanded, by reason of the same being eloigned out of the judicial division of this court, or for other reason, naming it.) Dated this day of 18 V. W. Bailiff, (or as the case may be). COUNTY COURT. Chap. 34. 525 FORM No. 14.—See. 140. INVENTORY IN REPLEVIN. Between A. B., plaintiff, and C. D., defendant. An inventory of the goods and chattels by me replevied ale ” under the annexed writ in this cause, made in pursuance of section 140, sub-section two, of the statute in that behalf- namely—(as for example.) 1: Watt netive ates wasareues $50 00 1 Shes 2 da veoerad kos teces:- 20 (and so on including all the articles replevied.) Dated the day of 18 Vv. W. Bailiff (us the case may be). FORM No. 15.--Sec. 141. CAPIAS IN WITHERNAM. In the county court of No. [Seal.] , Between ' A. B,, plaintiff, and C. D., defendant. To bailiff, (or as the case may be), Whereas, you were lately commanded that without delay Capias in you should cause to be replevied to the plaintiff the goods," chattels, and personal property to wit: (Here set out the pro- - perty as described in the returned writ of replevin,) which the defendant’had taken and unjustly detained, (or unjustly de- tained, as the case may be) as it was said according to the said writ, afore to you directed, and that you should return into this court what you had done in the premises; and you on the day of 18 returned the said writ into the said court, and that the goods, chattels, 526 Attachment, Chap. 34. COUNTY COURT. and personal property aforesaid were eloigned out of the judi- cial division of this court, to places to you unknown or were concealed within the same, so that you could not in any way replevy the same to the plaintiff: you are therefore hereby commanded that you take im Withernam the goods, chattels, and personal property of the defendant, in the judicial division of this court to the value of the goods, chattels and personal property by the defendant so eloigned or concealed as aforesaid, and deliver them to the plaintiff, to be kept by him till the defendant deliver the goods, chattels, and personal property so | eloigned or concealed as aforesaid; and in what manner you shall have executed this writ you shall make appear in this court by a due and proper return forthwith after execution thereof, in order that at the sittings of this court to be holden at _ in the county of at ten o’clock in the forenoon, such consideration and judgment may be thereupon had as shall be in accordance with justice and law. And you, the said defendant, are hereby commanded that you be and appear at the sittings of this court to be holden at the time and place aforesaid, to answer the plaintiff for the taking and unjustly detaining (or the unjustly detaining, as the case may be), of the goods, chattels, and personal property aforesaid, or the said cause may be proceeded with to judg- ment against you in your absence. Dated this day of 18 By the court, x. Mx Clerk. FORM No. 16.—See. 142. WRIT OF ATTACHMENT. No, In the county court of the county of [Seal.] . : A. B,, plaintiff, vs. : C. D., defendant. To bailiff (or other officer}. You are hereby commanded that you attach, seize and safely keep all the personal property, credits and effects, together with all evidences of debt, books of account, bills, bonds, notes, vouchers and papers belonging thereto, or otherwise of the de- COUNTY COURT. Chap. 34. tendant, to secure and satisfy the plaintiff a certain debt or de- mand of $ with his costs of suit and to satisfy the debts or demands of such other creditors of the defendant as shall duly sue out and prosecute writs of attachment against the defen- dant, or otherwise give lawful notice of their claims and duly prosecute the same. And you, the said defendant, are hereby. required to take notice that the plaintiff claims from you $ the partic- ulars of which are indorsed on, or annexed to, this writ; and that if you dispute or have any defence to the plaintiff’s claim, or any complaint against the plaintiff for the issuing of this writ, you are required to be and appear at the sittings of this court to be holden at in the county of on the day of 18 at the hour of ten o’clock in the forenoon to make your defence; and in case you make default in so appearing the plaintiff may pro- ceed to judgment against you in your absence; and you are further notified that if-you desire to raise a defence of set-off you must at least six days before the day of the said sittings of the said court, if the’ plaintiff resides within the division, notify him of the particulars of your said set-off, or in some way notify, or let the plaintiff know,that you intend to raise a defence of set-off on the trial of this cause, and the nature of such set-off; and in case the plaintiff resides out of the divi- sion, you must leave the said set-off in detail in writing, with the clerk of the court at least six days before the said sittings of the said court, any other defence may, without notice, be raised at the trial. . And you, the (bailiff or officer) are hereby required to return this writ forthwith after execution with the inven- tory and appraisement of what you shall have attached there- under. ; Dated this day of 18 By the Court, X. Y. Clerk. N.B—This writ is to be executed within three months from the date thereof and not afterwards. Norse.—In all cases of attachment, except the action has been commenced by “special summons” personally served on the defendant, the general issue is supposed to be pleaded by the defendant and judgment by default cannot be signed by the clerk without a special order of a judge. 527 528 Affidavit for attachment. Cause of uction. Grounds of issue of ¢ attachment. Chap. 34. COUNTY COURT. FORM No. 17.—Sec. 142, Sub-Sec. 4. AFFIDAVIT FOR ATTACHMENT. In the county court of the county of No. (If made after action commenced, insert here the style of the cause, otherwise not.) I, AB., of the in the county of (If agent of the debtor so state) make oath and say as follows : 1.) C.D. of &c. (or late of, &c., as the case may be) (addition) is justly and truly indebted to me (or to the creditor, naming him, tf affidavit 1s made by any other person), in the sum of on a promissory note for the payment of made by the said C.D., payable (according to the note). (Or for money due for goods bargained, sold and delivered, or for money due for goods bargained and sold, or for money due for crops bargained and sold, or for money lent, or for money paid, for the said C.D., or for money due on accounts stated, or for money due for and payable for rent, or for money for use and occupation, or for money due for work and labor, or for money due for board and lodging, or for any other cause of action, shortly and concisely stated so as to be wnderstood by persons of ordinary intelligence.) (2.) I have good reason to believe and do verily believe that * the said C.D. hath absconded from this Province, leaving personal property liable to seizure under execution for debt in this Province* ; (or instead of the matter between the asterisks the said C.D. hath attempted to remove his personal property liable to seizurefunder execution for debtout of this Province, or the said C.D. hath attempted to remove his personal pro- perty liable to seizure under execution for debt from the county of to the county of in this Province, or the said C.D. is immediately about to remove his personal pro- perty liable to seizure under execution for debt out of this Province, or the said C.D. is immediately about to remove bis personal property liable to seizure under execution for debt from the county of into the county of in this Province, or the said C. D. keeps concealed within Manitoba to avoid service of process,) with intent and’ design to defraud his creditors. (3.) This affidavit is not made by me from any vexatious or malicious motive whatever. Sworn before me at in). , the county of this (Signature of deponent.) day of 18 (Clerk or commissioner, as the case may be. COUNTY COURT. Chap. 34. 529 FORM No. 18.—See. 143. INVENTORY IN ATTACHMENT. An inventory of property and effects by me this day Inventory seized at in the county of by virtue ot a writ of attachment to me directed, issued by A. B,, plaintiff, against C. D., defendant, out of the county court of the county of which have been appraised as follows :—as One waggon One sleigh.......eeee scene eee 20 00 (And so on insert'ny all artic'es and the swm at which each is appraised.) Dated the day of 18 v.W, Bailiff (or other officer). FORM No. 19,—See. 142. OATH TO BE TAKEN BY THE APPRAISERS AND ANNEXED TO OR INDORSED ON INVENTORY. _ We, A. B,, of etc., and C. D., of ete. do severally make oath Appraisers* and say that we will severally well and truly appraise the ce property and effects mentioned in the within (or annexed) in- ventory according to the best of our judgment. before me at in the county of A this day of 18 The said A. B. and C. D. were severally sworn . B: | AB Bailiff (or officer as the case may be.) FORM No. 20.—Sec. 148. APPRAISEMENT TO BE INDORSED ON OR ANNEXED TO INVENTORY. We, A. B. and C. D., having been duly sworn to appraise Ap>ratse- the property and effects mentioned in the within (or annexed) ™® oe inventory to the best of our judgment, and having examined 34 530 ‘ Chap. 34. COUNTY COURT. , the same do appraise them as in the said inventory is specified. at the sum of $ in all. Witness our hands this day of 18 QP Oe FORM No. 21.—See. 153. BOND.—SUPERSEDEAS TO ATTACHMENT. No. . In the county court of the county of Between A. B., plaintiff, and C. D., defendant. Pram eeteats Know all men by these presents that we C. D. of in attachment the county of (addition) the above defendant, K. F. of in the county of (addition) and G. H. of in the county of: (addition) are and each of us is jointly and severally held and firmly bound to A. B. of . in the county of (addition) the above plaintiff in the sum of (double the appraised value of the personal estate and effects to be inserted here) to be paid to the said plaintiff, or his cer- tain attorney, executors, administrators or assigns; for which payment to be well and truly made we bind ourselves, our heirs, executors and administrators; and each and every of us binds himself, his heirs, executors and administrators firmly by these presents. Sealed with our respective seals, and dated the day of 18 Whereas, the above named plaintiff hath sued out of the said court a writ of attachment against the personal estate and ‘effects of the defendant for the sum of and under and by virtue thereof certain goods and chattels of the defendant, to wit: (Here specify the property seized as in the inventory,) have been seized and attached, and the defendant desires that | the said attachment shall be superseded, and the property so attached be restored to him, under the provisions of the statute in that behalf. “Now the condition of the above obligation is such that if the said defendant, his heirs, executors, or administrators, do and shall, in the event of the claim in the above cause being proved and judgment be recovered thereon, pay the same and all costs, and also pay and satisfy all other attaching creditors COUNTY COURT. Chap. 34. who shall in due course of law and in due time recover judg- ments against the defendant with all costs, or pay the apprais- 531 ed value of the said property so attached as aforesaid to the clerk of this court, or produce such property if thereto requir- ed to the said clerk for the purposes aforesaid : Then the above written obligation to be void ; else to remain in full force Qnd virtue. Signed, sealed and delivered C.D. [Seal.] in the presence of | ELF. [Seal.] G. H. {Seal.] FORM No. 22.—See. 154. RECEIPT BOND TO BAILIFF OR OTHER OFFICER, Know all men by these presents that we, (lere insert names of the defendant and his sureties ; any number may be taken as the bailiff’ shall think advisable) are jXntly and severally held and firmly bound unto (here.wnsert the name of the bailiff or officer) in the sum of (double the value of the pro- perty) to be paid to the said (name of bailif’ or other officer) or his certain attorney, executors, administrators or assigns ; for which payment to be well and truly made we bind our- selves severally and jointly, and our several and joint heirs, executors and administrators firmly by these presents. Sealed with our respective seals. Dated this ‘day of 18 Whereas, the said (name of bailiff or officer) has under and Receipt bond to be generale ly used by ailiff, by virtue of ‘an (execution or attachment, as the case may be) . issued out of the county court of the county of at the ‘suit of A.B. against C.D., seized and taken the following goods and chattels to wit : (here insert the articles seized) and .the said (put in here the name of the bailiff or officer) has been re- quested not to remove, but to take security for the forthcoming of the said goods. and chattels. . Now the condition of this obligation is such that if the above obligors or any of them do and shall at any and all times when demanded, produce and deliver to the said oblicee his executors, administrators, or assigns the goods and chattels mentioned in the recital to this condition or pay and satisfy the said execution or attachment, and’ all of the claims for which the said goods and chattels are liable, or pay into the said court the full value of the said goods and chattels, then the above obligation to be void, else to remain in full force and virtue. Signed, sealed and delivered) (Signatures of obligors and in the presence of seals.) ~ 532 Important note. Bond to sell perishable goods.1 4 Chap. 34. COUNTY COURT. Notr.—This is intended as the common receipt bond of the bailiff for all cases of seizure where he does not think it advis- able to remove tke goods. FORM No. 23.—Sec. 159. BOND TO SELL PERISHABLE GOODS. No. In the county court of the county of Between . A.B,, plaintiff, and C. D., defendant. Know all men by these presents that we, A.B, of (insert residence and addition) the above nemed plaintiff, EK. F. of etc., and G. H. of etc., are and each of us is jointly and several- ly held and firmly bound to C.D. the above named defendant in the sum of (here insert double the wppraised value of the goods) to be paid to the defendant or his certain attorney, exe- cutors, administrators or assigns ; for which payment to be well and truly made we bind ourselves, our heirs, executors, and ad- ministrators, and each of and every of us binds himself, his heirs, executors and administrators, firmly by these presents. Sealed with our respective seals, and dated this day of 18 Whereas the above named plaintiff hath sued out of this court an attachment against the personal estate and effects of the defendant and hath requested that certain perishable pro- perty to wit: (Here specify the particular property to be sold) © seized and taken thereunder belonging to the defendant may be forthwith exposed for sale and sold according to the statute in that behalf ; Now the condition of the above obligation is such that if the said plaintiff, his heirs, executors or administrators, do shall repay to the defendant, his executors or administrators, the value of said property together with all costs and damages that may be incurred in consequence of the seizure and sale thereof if judgment be not obtained by the plaintiff according to the statute in such case made and provided ; then this obli- gation to be void else to remain in full force and virtue, Signed, sealed and delivered A.B, in the presence of ELF. COUNTY COURT. Chap. 84. 533 (Add affidavit of justification after the following form.) Tn the county court of the county of Between A. B., plaintiff, and C. D.; defendant. We, E. F., of the in the county of Affidavit of (addition) and G. H., of the in the county oe (addition) the sureties in the within (or annexed) bond named, do severally make oath and say as fol- lows : (1.) I, depenent E. F., for myself say that [am a householder —_, residing at in the county of and that I am worth property to the amount of over and above what will pay my just debts. (2.) And I, deponent G. H., for myself say that I am a house- holder residing at “in the county of and that I am worth property to the amount of over and above what will pay my just debts. The above named E. F, and G. H.,) were severally sworn before EF. me at in the county of on this the G. H. day of 18° (Clerk or commissioner as the cause, nay be.) FORM No. 24.—See. 162. GARNISHEE AFFIDAVIT AFTER JUDGMENT. No. In the county court of the county of , Between A. B., plaintiff, and C. D., defendant. I, A. B,, of the in the county of Affidavit for (addition) make oath and say as follows :. after judg- ment. (1.) I am the above named plaintiff” (or agent, atttorney or clerk, as the case may be, of the above named plaintiff) 534 Chap. 34. ‘ COUNTY COURT. (2.) Judgment was recovered in this cause against the above named defendant on or about the — day of 18 for the sum of $ debi and costs of suit to judgment and that the same remains wholly unsatisfied (or that $. remains unsatisfied thereon.) (3.) I have reason to believe and do believe that E. F. resid- ing at within this Province is indebted to the defendant in the sum of $ (or in an amount which I am unable to name.) Sworn before me at the county of in this day of 18 \ (Signature of deponent.) [Clerk 0 commissioner, etc., as the case may be.] FORM No, 25.—See. 162. GARNISHEE ORDER WITHOUT SUMMONS AFTER JUDGMENT. ‘No, In the county court of the county of [Seal.] Between A. B., plaintiff and primary creditor, against C. D., defendant and primary debtor, and E. F., garnishee. order withou Garnishee’ | On application of the plaintiff, and hearing read the affidavit f summons 0 it is ordered that all debts due or owing, whether due after juds- —_ or accruing due, from the garnishee to the primary debtor, be and the same are hereby attached to satisfy the judgment in . this cause. Dated this _ day of 18 By the court, s X.Y, Clerk, Amount claimed on judgment.. $ For debts and costs to judgment. Subsequent costs ............- Costs of this order exclusive of mileage .. csceseseeeeers COUNTY COURT. Chap. 34. 535 Tniterest ye cersitere enn Gaon pace Total, exclusive of mileage, on ‘ this order ............02. $ WARNING TO GARNISHEE,. To E. F., garnishee. You are notitied that from and after the service of this order Warning. -all debts due or accruing due from you to the above named primary debtor are attached, and if you pay the same other- wise than into court to the extent of the claim of the primary creditor, you will be liable to repay the same, in case the court - or a judge so order. Ifthe claim of the primary creditor be '. forthwith paid into court along with the charge for mileage, in -serving this order such payment will be a discharge to you to that extent as respects the primary debtor, and your further lability in respect of this order will cease. FORM No. 26.—Sec. 162. GARNISHEE ORDER WITH SUMMONS AFTER JUDGMENT. “No. In the county court of the county of [Seal.] Between A. B., plaintiff and primary creditor, against C. D., defendant and primary debtor, : and E. F., garnishee. Amount claimed on judgment for debt and costs 2G TUARMO Miao. iy a8 oe GukG ee Cape ENE $ Bubsequent Coste. 4 cicaanynsco esa vans anes Costs of this process, exclusive of mileage...... Interest ; Total, exclusive of mileage on this process..... $ _On the application the plaintiff, and hearing read the affida- Garnishee vit of it is ordered that all debts due or owin: ; eunineee ‘whether due or accruing due, from the garnishee to the prim- 2, judg 536 ‘Warning to ¥arnishee. ‘Chap. 34. COUNTY COURT. * ary debtor, be and the same are hereby attached to satisfy the judgment in this cause. . You, the above named garnishee, and you the above named primary debtor, are hereby summoned to appear at the sittings of this court, to be holden at in the county of on the day of 18 at ten o'clock in the forenoon, to state and show whether or not, you, the said garnishee, owe any and what debt to the above named prim- ary debtor, and why you should not pay the same into court to the extent due on the above named judgment, to satisfy the same ; and take notice that if you have any set-off as between you and the primary debtor, you must give notice thereof to the primary creditor six days before the day you are so requir- ed to appear. You, or any one interested, may at the hearing ‘hereof show any cause why the said debt should not go to satisfy the said judgment. Dated the day of 18 By the court, X. Y. Clerk. WARNING TO GARNISHEE, To E. F., Garnishee. You are notitied that from and after the service of this order and summons al] debts due or accruing due from you to the aboue named primary debtor are attached, and if you pay the same otherwise than into court to the extent of the claim of the primary debtor, you will be liable to repay the same in casé the court or a judge so order. If the claim of the primary creditor be forthwith paid into court along with the charge for mileage in serving this order and summons, such payment will be a discharge to you to that extent as respects the primary debtor, and your further liability in respect of this order and summons will cease. Notr.—A garnishee order may be served on the garnishee alone and subsequently a summons on the garnishee and judg- ment debtor. In this case the above warning need not be at- tached to the summons : the summons may be made returnable at a regular sitting of the court, or before a judge in chambers. ‘ COUNTY COURT. Chap. 34. 537 FORM No. 27.—Sees. 161 and 162. AFFIDAVIT BEFORE JUDGMENT FOR GARNISHEE ORDER, OR ORDER AND SUMMONS. No. In the county court of the county of Between A.B., primary creditor, : ainst C.D., primary debtor, and EF., garnishee. I, A. B., of the in the county of (addition) make oath and say as follows : (1.) Iam the above named creditor (or the agent, attorney Afidavit for or clerk of the above named creditor.) before judg- (2.) The said primary debtor is justly and truly indebted to the primary creditor in the sum of for (Here state shortly the cause of action in common, plain, and concise language.) (8.) I have reason to believe that the above named gar- nishee, residing at within this Province is indebted to the primary debtor in the sum of (or in an amount which I am unable to name.) (4.) The said claim of the primary creditor is now in suit, pending in this court, (or is immediately about to be put in suit in this court, as the case may be). Sworn before me at in the county of (Signature of deponent.) this day of 18 (Clerk or comrnissioner, etc. as the case may be.) 538 Chap. 34. : COUNTY COURT. FORM No. 28.—Sees, 161 to 170. GARNISHEE ORDER WITHOUT SUMMONS BEFORE JUDGMENT. No. In the county court of the county of [Seal.] Between Order without Claim of the primary creditor. ) beforejudg-, Claim. his .$ A. B,, primary creditor, a Costs exclusive of mile-’ against age on serving this C. D., primary debtor, OTder wsisvscsnaisie wet and Total exclusive of mile- | E. F., garnishee. ‘Warning. age on this order. .. On application of the primary creditor and hearing read the affidavit of it is ordered that all debts due’ or owing, whether due or accruing due, from the garnishee to the primary debtor, be and the same are hereby attached to satisfy the claim of the primary creditor. Dated this day of 18 By the court, Clerk. WARNING TO GARNISHEE. To E. F,, garnishee : You are hereby notified that from and after the service of this order all debts due or accruing due from you to the above named primary debtor are attached and if you pay the same. otherwise than into court to the extent.of the claim of the primary creditor you will be liable to repay the same in case the court or a judge so order. If the claim of the primary creditor be forthwith paid into court along with the charge for mileage in serving this order such payment will be a discharge to you to that extent as respects the primary debtor, and your further liability in respect of this order will cease. COUNTY COURT. Chap. 34. FORM No. 29.—Sees. 161 to 170. GARNISHEE ORDER WITH SUMMONS BEFORE JUDGMENT. No. In the county court in the county of [Seal.] Between Claim of the primary creditor. ) Claim ...... ..8 A. B., primary creditor, Costs exclusive of mile- against age on serving this C. D., primary debtor, order.. .. . and Total enclusive of mile- E. F., garnishee. on this process... On application of the primary creditor and hearing read the affidavit of it is ordered that all debts due or owing, whether due or accruing due, from the garnishee to the primary debtor, be and the same are bereby attached to satisfy the claim of the primary creditor. You, the above named garnishee and primary debtor, are hereby summoned to appear at the sittings of this court to be holden at. in the county of on the day of at the hour of ten o’clock in the forenoon to state and show whether or not you the said garnishee owe anyend what debt to the above named primary debtor, and why you should not, pay the same into court to the extent of the primary creditor’s claim herein ; and take notice that if you have any set-off as between you "and the primary debtor, you must give notice thereof to the primary creditor six days before the day you are so required to appear. You or any one interested mdy show any cause why the said debt should not go to satisfy the claim of the primary creditor. Dated the day of 18 539 Order with summons be- fore judgment 540 Commence- ment of action with garnishee order and summons, Chap. 34. COUNTY COURT. FORM NO. 30.—Sec. 167.: SUMMONS TO PRIMARY DEBTOR AND GARNISHEE BEFORE JUDGMENT. No. In the county court of the county of [Seal.] The primary creditor claims ) Between from the primary debtor the | A.B. primary creditor, amount of $ (besides his costs) as | against per claim annexed to this sum- f C.D., primary debtor, mons (07 indorsed hereon ; the and - claim in detail must beannexed | E.F., garnishee. to or indorsed on this summons.) J You, the above named primary debtor, ate hereby summon- ed to appear at the sittings of this court to be holden at in the county of on the day of 18 at the hour of ten o’clock in the forenoon, to answer the prim- ary creditor, who sues you for the recovery of the claim annex- ed hereto (or indorsed hereon), and if you dispute the claim or any part thereof, you must leave with the clerk withjn ten days after the said service upon you or before judgment shall be signed against you a dispute note or simply an appearance to the action, (which may be sent by post or otherwise,) other- wise after the ten days are past the clerk may sign judgment against you for the plaintiff's claim by default. And you, the garnishee, are hereby notified that all debts due or owing, or accruing due from you to the primary debtor, whether due or accruing due, are nereby attached to satisfy the claim of the primary creditor, and that you are required forthwith to pay the same into court,to the extent of the primary creditor's claim in this cause, or'to appear at the said sittiugs of this court at the time and place aforesaid, to state and show whether or not you owe any and what debt to the primary debtor, and why you should not pay the same into court to the extent of the primary creditor's claim in satistaction thereof ; and take notice that if either of you have any set-off as be- tween you, or as between the primary debtor and primary creditor, you must give notice thereof to the party affected thereby not less than six days before you are so required to ap- pear as aforesaid. You and all others interested may show any cause why the debt owing from the garnishee should not e COUNTY COURT. : Chap. 34. 541 be paid and applied to satisfy the said claim of the primary creditor. Dated this day of 18 By the court, X. Y., Clerk. WARNING TO GARNISHEE, To E. F.,-Garnishee. You are hereby notified that from and after the service of this order and summons on you all debts due or accruing due from you to the above named primary debtor are attached, and if-you pay the same otherwise than into court, to the extent of the claim of the primary creditor, you will bé liable to repay the same in case the court or a judge so orders. If the claim of the primary creditor be forthwith paid into court along with the charge for mileage in serving this order and summons, such payment will be a discharge to you to that extent as re- spects the primary debtor, and your further liability in respect of this summons will cease. Note.—This summons is to serve as the commencement of an action, but may be used where an action is pending, instead of forms 28 and 29 at the election of the party. FORM No. 31.—~See. 169. MINUTE OF JUDGMENT AGAINST ' GARNISHEE ON JUDGMENT ALREADY RECOVERED. Judgment entered on the day of 18 — in favor of A. B., primary creditor, against C. D., primary ale in the county court of the county of for Amount unsatisfied $ Upon hearing all parties (or numing such as appear and Minute of. such as make default), it is adjudged that the garnishee is in- ees debted to the primary debtor in $ now due (or falling due as follows, stating the times ov terms of payment) which (or of which $ ) ought to be applied in satisfaction of the primary creditor's claim, and that the said primary creditor do recover against the garnishee $ for levying, where- of execution may issue at any time (or if time be given, or by the terms of payment the debt or « purt of it is not due, state the time or times at which and for how much execution is to ‘essue), (state date of giving judgment). 542 Minute of judgment. Execution against garnishee. Chap. 34. COUNTY COURT. FORM No. 32.—See. 169. MINUTE OF JUDGMENT AGAINST PRIMARY DEBTOR AND GARNISHEE. Upon hearing all parties (or hearing such as appear and noting such as make default) it is adjudged : (1.) That the primary debtor is indebted to the primary creditor in $ for debt and $ for costs, and judgment is entered accordingly. . (2.) That the garnishee is indebted to the primary debtor in which (if the garnishee’s debt be larger than the primary creditor's claim, say to the extent of the two first sums) ought to be applied in satisfaction of the primary credit- , ‘or’s claim, * (3.) That the primary creditor do recover against the gar- nishee the said sum of $ and judgment is entered accord- ingly, and it is adjudged that execution issne forthwith for the levying of the same (wnless time is given of the debt from the | ‘garnishee is not due, in which case the time that execution may assue must be specially noted). Note—Forms 31 and 32 are given to indicate how judg- ments in garnishee cases may be entered. In cases not given the manner of entry may be inferred from the forms given. FORM No. 33.—Sec. 169. EXECUTION AGAINST GARNISHEE ON JUDGMENT ALREADY % RECOVERED. No. In the county court of the county of _ [Seal.] Judgment recovered on the Between day of 18 in the county court of the county of | A. B,, plaintiff and pri- for-$ debt and costs. _ mary creditor, Amount unsatisfied $ | against Judgment as adjudged against C. D., defendant and the garnishee in the county court primary debtor, of the county of on the and day of 18 for E. F., garnishee. $ debt and costs. J COUNTY COURT. Chap. 34. 543 To V. W., bailiff (or other officer), You are hereby required to levy of the goods and chattels of the above named garnishee (not exempt from execution): $ money owing from him to the above named defendant, and which has been attached and adjudged to satisfy the judgment of the plaintiff, the primary creditor in this cause, or to be ap- plied towards the satisfaction thereof pro tanto; and your own lawful fees on this writ; and what you shall have done here- in return with this writ within thirty days after the date hereof. Dated this day of 18 By the court, OVS Clerk. t FORM No. 34—Sec. 169. EXECUTION AGAINST GARNISHEE ON JUDGMENT RECOVERED AGAINST THE DEFENDANT AND PRIMARY DEBTOR. No. In the county court of the county of [Seal.] Judgment recovered on the *) Between crn day of 18 Judgment in the | A.B, primary creditor, nishee. county court of the county of | against for $ debt and costs against the $ C.D., primary debtor. primary debtor in favor of the prim- | and ary creditor. | EF, Garnishee. Amount unsatisfied $ J Judgment adjudged against the garnishee in the county court of the county of on the day of 18 in favor of the primary creditor for money owing from the garnishee to the primary debtor for $ debt and costs. To V. W., Bailiff (or other officer). You are hereby required to levy of the goods and chattels of the garnishee (not exempt from execution) $ money owing from the garnishee to the primarydebtor and which has been adjudged to the primary creditor to satisfy his said claim against the primary debtor in this cause, or to be applied to- wards the satisfaction thereof, pro tanto ; and your own law- 544 Chap. 34. COUNTY COURT. ful fees on this writ ; and what you shall have done herein re- turn with this writ within thirty days after date hereof. Dated the day of 18 By the court, X. Y,, \ Clerk. Note.—This or the preceding form may be used indifferently. FORM No. 35.—See. 169. EXECUTION AGAINST PRIMARY DEBTOR AND GARNISHEE, No. In the county court of the county of [Seal] ee al udgment recovered on day’) Between — ; primarydebt-of 18 in the county of A.B., primary creditor, gar- ‘ 3 nishee at the for $ debt and costs against against fame time. the primary debtor in favor of | C.D., primary debtor, the primary creditor. and Judgment adjudged against the garnishee in favor of the primary ereditor for money owing from the garnishee to the primary debtor in the same court, on the day of 18 ~ for$ To V. W., Bailiff (or other officer). Amount unsatisfied $ E.F., garnishee. You are hereby required to levy of the goods and chattels of the primary debtor (not exempt from execution) $ above adjudged to be due to the primary creditor from the primary debtor, together with the costs of this writ and your lawful fees in executing the same ; and if so much goods and chattels of the primary debtor be not found as will satisfy the said judgment, then that you levy of the goods and chattels of the garnishee (not exempt from execution) $ or so much thereof as may be necessary to satisfy the said judg- ment (not exceeding the said sum of $ and the costs of this writ and your own lawful fees) being money owing from the said garnishee to the primary debtor and which has been adjudged to the primary creditor ; and what you shall have COUNTY COURT. Chap. 34. 545 done herein return with this writ within thirty days after the date hereof. Dated the day of 18 By the court, XS Ys; Clerk. FORM No. 36. EXECUTION AGAINST PRIMARY CREDITOR FOR COSTS. No. In the county court of the county of [Seal.] Between A. B., primary creditor, against C. D., primary debtor, and E. F., garnishee. \ V. W,, bailiff (or other officer), ‘Whereas at the sittings of this court holden on the penta day of 18 at in the the county mary creditor for costs of it was adjudged that the garnishee was not in- garnishee. debted to the primary debtor as claimed by the primary credi- tor, and that the garnishee was entitled to $ for his costs to be paid to him by the primary creditor, and the pri- mary creditor has not paid the same. You are hereby required to levy of the goods and chattels of the above named primary creditor (not exempt from execution) $ for the said costs together with the costs of this writ and your lawful fees in executing the same; and what you shall have done herein return with this writ within thirty days after the date hereof: Dated the day of 18 By the court, X.Y, Clerk. Norre.—tThe forms 34, 35 and 36, will enable any one te frame forms of execution in all other cases in garnishee pro- ee : oe COUNTY COURT. Chap. 34. 546 FORM No. 37—Sec. 180. GARNISHEE ATTACHMENT BOOK. eS ount found due a or setts ei ee of attaching |. pee Bor vice of inant sama eo ad- Name of pri-/Name of pri-|Date of judg-|deptor to primary : order orsum-_ |attaching order . mary creditor| mary acitor ment, if diate ereditor when ane mons or order and| order and sum- | against garnishee. cae oe or plaintiff. jor defendant.| a judgment. | claim a judg- ; summons. mons, , ment. attachment Garnishee hook, COUNTY COURT. : ‘Chap. 34. FORM No. 38.—See. 181. INTERPLEADER SUMMONS. No. In the county court of the county of [Seal.] Between A. B,, plaintiff, and C. D., defendant. and E. F., claimant. To E. F,, claimant, and A. B., plaintiff. 547 You are hereby summoned to appear at the sittings of this Interpleader, court, to be holden at in the county of © ——on® the day of 18 at ten o'clock in the forenoon touching a claim made by you, the said’ claimant, to» certain goods and chattels, to wit : (here specify and enwmerate- the articles or property) seized and taken in execution {01 under attachment as the case may be) and in default of your then establishing such claim, the said goods and chattels will be sold (or the money, etc., paid and delivered over if the ques- tion be about money) according to the exigency of ‘the said process : and take notice that you are required six days before the day of the said sittings of this court to leave at the clerk’s office a statement of the goods and chattels (or as the case may be) so claimed by you, and the grounds of your claim. And you the said plaintiffare hereby notified that E. F. hath made the claim aforesaid ; you are therefore hereby summoned to be and appear at the said sittings of this court at the place and hour aforesaid, when the said claim will be adjudicated upon and such order made thereupon as the court shall deem fit. Dated the day of 18 By the court, Bee Vs Clerk, UM OAON As 548 Chap. 34. COUNTY COURT. FORM No. 39,—Sec. 182. STATEMENT OF CLAIMANT. In the county court of the county of No. Between A. B., plaintiff, and C. D., defendant, . and E. F., claimant. To whom it may concern. E. F. of etc. claims as his property the following goods and chattels (or moneys, etc.) seized or taken in execution (or attached) as it is alleged, namely : (here specify the goods and chattels, or moneys, etc.) and the grounds of claim are (here set forth in short and concise language the facts on which the claim is grounded as how acquired, from whom, when the con- sideration paid, or to be paid, and whe) and this the said E. F, will maintain and prove. Dated this day of 18 E. F. Nore.—If any action has been commenced by the claimant in respect of the goods, etc., or in respect of the seizure of the goods, etc., he must state in addition to what is contained in the form, in what court the action has been brought and how it stands; dnd no further proceeding must be taken in the -action, FORM No. 40.--See. 122. ADJUDICATION ON INTERPLEADER. Adjudication! Adjudged that the goods and chattels (or moneys or goods, ae nae etc.) mentioned in the interpleader summons (if only a part of . the goods, etc., add hereafter mentioned, describing them in de- tail) are (or, as the case may be, are not) the property of the claimant (or that rent to the amount of _ _ is due to the claimant) (with any other direction that may be made by the judge) ordered that the costs of the interpleader, $ be paid (as the judge shall direct). COUNTY COURT. Chap. 34. FORM No. 41.—See. 191. MINUTE OF JUDGMENTS IN THE CASES OF EXECUTORS AND ADMINISTRATORS. (1.) Of an ordinary judgment against executor or admin- istrator. Judgment for the plaintiff for $ debt and $ costs of suit to be levied of the goods and chattels of the deceased ; failing such goods and chattels the cost to be levied of the defendant’s proper goods and chattels. (2.) Of judgment against executor or administrator who has wasted assets. Judgment for plaintiff for $ debt and $ costs of suit to be levied of the goods and chattels of the deceased ; failing such goods and chattels then both the said sums for debt and costs to be levied of the defendant's proper goods and chattels—the defendant having wasted the goods and chattels of the deceased to that amount. (3.) Of judgment against an executor or administrator who has denied his representative character or pleaced a release to himself. Judgment for plaintiff for $ for debt and for $ costs of suit to be levied of the goods and chattels of the de- ceased ; failing such goods and chattels then to be levied of the defendant’s proper goods and chattels—the defendant hav- ing set up in his defence a release to himself, (or the defendant having denied his representative character, as the case ny be) and this defence being found against him. (4.) Of judgment against an executor or administrator who admits his representative character, but denies the demand. (The same as ordinary judgment against executor or ad- ministrator, form 41, swb.-sec. 1.) (52 Of judgment against an executor or administrator when he admits his representative character, but denies the demand and alleges total or partial administration of assets, and the plaintiff proves his demand atl the defendant proves admin- astration of assets. Judgment for the plaintiff for $ debt and $ costs of suit : the plaintiff’s demand, which was denied having been proved, and full (or partial) administration also having been proved which was denied, the said costs are to be levied of the goods and chattels of the deceased ; failing such goods and ‘chattels, then of the defendant’s proper goods and chattels ; the said debt to be levied of the goods and chattels of the de- 549 Forms of judgment in cases of exe+ eutors and administra- 560: Chap. 34. COUNTY COURT. ceasad, hereafter to come to the defendant’s hands to be admin- istered ; and ordered that $ , the costs of proving such administration be paid by the plaintiff (6.) The same as the last case except defendant fails to ee administration of assets. J udgment for plaintiff for $ debt and $ costs of suit, to be levied of the goods and chattels of the de- ceased ; failing such goods and chattels, then the said costs to be levied of the defendant’s proper goods and chattels ; and the debt to be levied of the goods and chattels of the deceased here- after to come to the defendant’s hands to be administered—the plaintiff’s demand having been proved, which was denied, and. administration of assets which was alleged, not having been proved. (7.) Of judgment against an executor or administrator who admits his representative character and the plaintiff's demand, but alleges a total or partial administration of assets and does not prove the administration. Judgment for the plaintiff for $ debt, and $ costs of suit, full (or partial) administration, which was alleged and. disputed, not having been proved; ordered that the said sums for debt and costs be levied of the goods and chattels of the deceased ; failing such goods and chattels, then the debt, of the goods and chattels hereafter to come to the defendant’s hands to be administered, and the costs to be levied of the de- fendant’s proper goods. (8.) Of judgment against an executor or administrator on devastavit after judgmeut. Judgment that the defendant has wasted’ goods and chattels of A. B, deceased, to the sum of $ whereby a judg- ment recovered against him by the plaintiff in the county court of the county of on the day of 18 remains unsatisfied : and that the plaintiff do now recover against the defendant the first-named sum and $ costs. | (9.) Of a judgment to revive a judgment against an execu- tor or administrator. Judgment for plaintiff, that he have execution against the defendant as executor or administrator of E. F., deceased, of a judgment of this court whereby the plaintiff on ‘the day of 18 recovered against the said E. F., in He lifetime, the sum of $ for debt and costs, to be levied of the goods and chattels of the said deceased, in ‘the hands of the sai | defendant to be administered. COUNTY COURT. Chap. 34. (10.) Of judgment for an executor or administrator to re- vive a judgment, Judgment for the plaintiff, that he have execution against the defendant of a judgment of this court, (or of the county court of the county ot ) whereby the said E. F., in. his lifetime, on the day of 18 recovered against the said defendant the sum of $ for debt and costs. (11.) Summons on behalf of . an executor or administrator to revive a judgment. No. In the county court of the county of _[Seal.] Between A. B., executor (or administrator) of E. F., deceased, plaintiff, and C. D., Defendant. ToC. D., the above named defendant, Whereas on the ‘ day of 18 the above named. E. F. duly recovered, in the county court of the county of judgment against you for $ debt and $ costs of suit, which judgment, a transcript of which is hereunto annexed, still remains unsatisfied, and the said plaintiff, as executor (or administrator) as aforesaid, claims to have execution thereof ; you are hereby summoned to appear at the sittings of this court to be holden at in the county of at ten o'clock in the forenoon to,show cause, if any you have, why the said plaintiff as executor (or administrator) as aforesaid, should not have execution against you of the said judgment according to the force and effect of the said recovery ; and in the event of your not appearing, judgment may be entered’ against you by default. » Dated the’ day of 18 By the court, Yes Clerk. Cali tSs Hecei nwa ade! Costa, exclusive of mileage. ....$ 561 B52 Chap. 34. COUNTY COURT. (12.) Of a summons against executor or administrator on a devastavit. No. In the county court of the county of s [Seal.] Between A. B., plaintiff, and C. D., executor (or administrator) of E. F., deceased, defendant. - c To C. D., the above named defendant. You are heraby, as before (or as often before you were"sum- moned) to be and appear at the sittings of this court | 'to be, holden at in the county of on the. day of ~ 18 at the hour of ten o’clock in the_fore- noon to answer the above named plaintiff in an action, for that you, the defendant, have withheld and wasted divers goods, chattels and moneys, which were the property of E. F., deceas- ed, at the time of his death, and which came into the hands of you, the defendant, as executor (or administrator) of the said E. F. to be administered, whereby a certain judgment recovered against you by the plaintiff in this court (or in%the county court of the county of ) on the ‘day of 18 for $ debt and costs remains unsatisfied, and, in the event of your not appearing, the plaintiff may proceed to obtain judgment against you by default. Dated this day of 18 By the court, Ve, Clerk. (13.) Of suggestion of devastarit on original summons. (Commence with the form of summons as in “ordinary summon; to appear,” but warning defendant, executor or ad- ministrator, as the case may be,and adding after the word “default,” and the plaintiff alleges that you the defendant havé money, goods and chattels which were the property of the said E. F,, deceased, at the time of his death, and which came to your hands as such executor or administrator to be administer- ed ; andif not, that you have withheld or wasted the same.) COUNTY COURT. Chap. 34. 553 (14.) Of summons to revive judgment against an executor or administrator. No. In the county court of the county of [Seal.] Between A.B,, plaintiff, and C. D., executor (or administrator) of E. F., deceased, defendant. .To C. D., the above named defendant. Whereas on the day of 18 the plaintiff duly recovered judgment in the county court of the county of for $ debt and $ costs of suit, which judgment, a transcript whereof is hereunto annexed, still remains unsatisfied to the extent of $ for debt, costs and interest, and the plaintiff claims to have ex- ecution thereof against you as executor (or administrator) of the said H. F., deceased : you, therefore, are hereby summoned to appear at the sittings of this court to be holden at in the county of on the day of 18 at the hour of ten o’clock in the forenoon, to show cause, if any you have, why the plaintiff should not have execution of the said judgment against you as executor (or administrator) as aforesaid to be levied of the goods and chattels of the said E. F., deceased, in your hands to be admin- istered ; and in the event of your not appearing, judgment herein may be entered against you in your absence. Dated this day ot 18 XE Clerk. (15.) Summons to executor or administrator where plaintiff alleges that assets have been in, or come to, the hands of the de- fendant since judgment, for an order. Amount claimed for judgment COD ti sscci atendesti ous mentee cee ab Costs to judgment........... Subsequent costs..........., Total, exclusive of mileage on this summons............. 504 Chap. 34. COUNTY COURT. No. In the county court of the county of [Seal.] Between A. B,, plaintiff, and C.D., executor (or administrator) of deceased, defendant. To the above named defendant. Fhe plaintiff alleging that the property of the said deceased has been in, or come to your hands, as executor (or administra- tor) since the judgment herein to be administered, and that you have withheld or wasted the same, will apply at the sit- tings of this court to be holden at in the county of on the day of 18 — at the hour of ten o’clock in the forenoon, for an order that the debt and costs in this cause be levied of the goods and chattels of the said deceased, if you have so much thereof to be administered, and if. you have not then that the same shall be levied of your own proper goods and chattels. You are therefore hereby summoned to appear at the said sittings of this court at the time and place aforesaid to answer touching the| matters aforesaid; and in the event of your making default in such appearance, the plaintiff may proceed to obtain the order aforesaid, in your absence. Dated this day of 18 By the court, ” Clerk. FORM No. 42.—Sec. 84. ORDER OF REFERENCE. In the county court of the county of Between A. B., plaintiff, and C. D., defendant. Submission, The plaintiff and defendant consenting (or as the case may be) it is ordered that all matters in difference in this cause (and COUNTY COURT. Chap. 34. if consented to, add, and all other matters in difference be- tween the said parties within the jurisdiction of this court) be referred to the award of so as the said award be made in writing under the hands of the said arbitrators (if there be three arbitrators, add, or a majority of them) ready to be de- livered to the parties entitled to the same on or before the day of 18 or on or before such turther day as the said arbitrators shall from time enlarge the time for making their award; and that the said award may, subject to the provisions of the statute, be entered as the judgment in this cause, (any additional terms may be added that the parties agree upon or that the judge thinks proper). Dated this day of 18 By the court, X. Y., Clerk. FORM No. 43.—Sec. 84. AWARD. After considering the proofs laid before me (or us) .in the Award. matter of the within reference (where award is indorsed on the reference; but where not, and the reference is annexed, say, the annexed reference) and in full determination thereof, I (or we) do award that the said A. B. is entitled to recover from the said C. D. the sum of together with the costs of the said suit, and also the costs of this reference and award (or as _ the case may be) and the same shall be paid within days from the date hereof and that judgment be entered up in the said cause accordingly. Dated this day of 18 Witness \ (Arbitrator or arbitrators.) (Add affidavit of witness of execution of award.) 505 556 Subpeena. dydgment summons. Chap. 34. COUNTY COURT, FORM No, 44,—Sees. 74, 75, 76. SUBPENA TO WITNESS. In the county court of the county of [Seal.] B Between A.B., plaintiff, and Z C. D., defendant. (Names of witnesses to be filled in here.) You and each of you are hereby required to attend at the sittings of this court, to be holden at in the{County of on the day -of 18 at the hour of ten o'clock in the forenoon to give evidence in the above mention- ed cause, on behalf of the (and if required to produce any papers or documents, add, and then and there to have and pro- duce) (state the particular papers or documents and then add and other papers and writings relating to the said action in your custody, possession or power.) Herein fail not. Dated this day of 18 By the court, « X.Y, Clerk. The above form of subpoena may be changed so as answer for witnesses before arbitrators. FORM No, 45.—Sec. 192. JUDGMENT SUMMONS (AFTER JUDGMENT). No. In the county court of the county of [Seal.] Between A. B,, plaintiff, and C. D., defendant. To C. D., the above named defendant : Whereas on the day of 18 the plaintiff duly recovered judgment against you in the county court of COUNTY COURT. Chap. 34. 5d7 the county of for $ debt and $ costs of suit which remains unsatisfied, you are, therefore, hereby (in case} it would be a second summons, here insert the words, as before you were) summoned to appear at the sittings of this court to be holden at in the county of ‘on the day of 18 at the hour of ten o’clock in the forenoon to be then and there examined on oath touching your estate and effects,and the manner and eircumstances under which you contracted the said debt or incurred the liability which was the subject of the action in respect of which the said judgment in this cause was obtained against you, and as to the means and expectations you then had, and as to the property and means you still have, of discharging the said debt or liability, and as to the disposal you may have made of any of your property ; and take notice that if you do not ap- pear in obedience to this summons, you may, by order of this court, be committed to the common gaol of this Province. Dated this day of 18 By the court, X. Y., Clerk. Amount of judgment and costs ...... $ Costs of this summons to be added.... FORM No. 46.—Secs. 192, 197, 198. JUDGMENT SUMMONS TO DEFENDANT AFTER DEFAULT. No. In the county court of the county of [Seal.] Between A. B,, plaintiff, and C. D., defendant. To C.D,, the above named defendant. _ Whereas the plaintiff on the day of 18 Judgment in the county court of the county of duly recovered arter default, Judgment against you for the sum of $ debt and $ costs of suit, and which said judgment remains unsatisfied ; And whereas by a summons bearing date the day of 18 you were summoned to appear at the sittings of this court holden at in the 558 . \ Chap. 34. COUNTY COURT. county of on the day of 18 at the hour of ten o'clock in the forenoon to be then and there examined before this court touching your estate and effects, and the manner and circumstances under which you contracted the said debt or incurred the liability which was the subject of the action in respect of which the said judgment in this cause was obtained against you, and as to the means and expectations you then (at the'time of con- tracting the said debt or incurring the said liability) had, and as to the property and means you still had of discharging the said debt or liability, and as to the disposal you might have made of any of your property. (If defendant did not appear on first summons recite the fact of default. If a second sum- mons, recite it and if the defendant did not appear, recite the fact and the default. If defendant appeared and was exam- ined, proceed as follows :) And whereas, upon your appearing thereto and upon exam- ination and hearing of both parties (or of you) and the evidence (if any) it appeared to the satisfaction of the said court (cr judge) that you then had (or had since the judgment was ob- tained against you, as the case may be,) sufficient means and ability to pay the said debt or liability and interest thereon and costs so recovered against you: and the said court did then and there order and direct that you should pay into court for the use of the plaintiff the sum of $ debt and interest then accrued, and $ for costs to be paid as follows, that is to say: (Here describe when, how, or in what manner the money was ordered to be paid as per the order made); And whereas the plaintiff alleges that you have not paid the said moneys at the times and in the manner so ordered to be paid as aforesaid but therein have made default; You are, therefore, hereby summoned to appear at the sit- tings of this court to be holden at in the county of © on the _ day of 18 at the hour of ten o’clock in the forenoon to be then and there examined on oath touching all and singular the pre- mises and also to show cause why you should not be commit- ted to the common gaol of the Province for not complying with the said orde: of the court. Dated this day of 18 By the Court, Clerk. 7 Amount of judgment and costs Gf. BUIth. oe satan iahedacas Cost of this summons to be add- ed besides interest...... COUNTY COURT. Chap. 34. Notre.—lIn case of default in appearing to first summons a second summons, reciting the first, must be served and default thereto made before a defendant can be committed for default. In all cases before committal the summons as a rule must be personally served. FORM No. 47.—Secs. 197 and 198. COMMITMENT IN DEFAULT OF APPEARANCE. No. _[Seal.] Between , A. B,, plaintiff, and ‘ C. D., defendant. To V. W., bailiff of the said court, and all constables and peace officers of the county of and to the gaoler of the common gaol of this Province. ‘ : Whereas the plaintiff on the day of 18 559 Commitmen in default of recovered against the defendant in the county court of the appearance. county of a judgment against the defendant for ,the sum of $ and costs of suit, which by the tenor and effect of the said judgment ought to have been paid at a day now past ; and whereas the defendant not having paid such judgment, upon the application of the plaintiff, a summons was duly issued from and out of this court against the defendant, whereby the defendant was required to appear at the sittings of this court, holden at in the county of on the day of 18 to answer such questions as might be put to him touching his estate and effects, and the manner and cireumstances'under which he had contracted the said debt or incurred the said liability which was the subject of the action in respect of which the said judgment in this cause was obtained against him, and as to the means and ex- pectations he then had (at the time of contracting the said debt or incurring the said liability) and as to the property and means he still had of discharging the said debt or liability, and as to the disposal he might have made of any of his property ;* And whereas it was duly proved on oath at the said sittings of the said court that the defendant was personally served with the said summons ; And whereas the defendant did not attend or appear as re- quired by such summons, or allege any sufficientcause for not so attending or appearing ; 1 560 Chap. 34. COUNTY COURT. And whereas it appeared to the satisfaction of the court that such non-attendance and non-appearance was wilful (or whereas the defendant has failed to attend or appear after being twice so summoned) and thereupon it was ordered by the said court that the defendant should be committed for the period of days to the common gaol of this Province according to the statute in that behalf or until he should be discharged by due course of: law ; These are therefore to require you, the said bailiff and others, to take the defendant and deliver him to the gaoler of the common gaol of this Province. And you, the said gaoler, are hereby required to receive the defendant, and him safely keep in the said common gaol for the period of from the arrest under this warrant or until he shall be sooner discharged by due course of law accord- ing to the provisions of the Act of the Legislature in that be- half ; for which this shall be your sufficient warrant. Dated this day of 18 By the court, X. Y,, , Clerk. Debt and costs up to the time of delivering this warrant for execution...............04- $ Subsequent costs and costs of arrest and carrying to ‘prison. Tot) esse aie erie rece: $ FORM No. 48.—Sec. 197, 198. COMMITMENT AFTER EXAMINATION, [Seal.] (As in the last form down to the asterisk (*) and then con- clude as follows) : afer exami And whereas the defendant having duly appeared at the nation, said court pursuant to the said summons, was examined touch- ing the said matters ; And whereas it appeared on such examination that, (here insert the particular ground of commitment, in the language used im the statute, exempli gratia, the defen- COUNTY COURT. Chap. 34. 561 dant contracted the debt or incurred the liability, the subject of this action, under false pretences, or by means of fraud or breach of trust, or as the case may be) ; And thereupon it was ordered by the said court that the de- fendant should be committed for the period of days to the common gaol of this Province according to the form of the statute in that behalf, or until he should be discharged by due course of law : These are therefore to require you, the said bailiff and others, to take the said defendant and to deliver him to the gaoler of the said common gaol ; and you the said gaoler are hereby re- quired to receive the defendant, and him safely keep in the said common gaol from the period of days from the arrest under this warrant, or until he shall be sooner discharged by due course of law according to the provisions of the Act of the Legislature in that behalf ; for which this shall be your suffi- cient warrant. Dated this day of 18 By the court, XN Clerk. Debt and costs up to the time of delivery of this warrant for execution............ $ Subsequent cost and costs of arrest and carrying to pri- SOM i5 tole a nc a bee eae otal ea 34evewews $ FORM No. 49.—Sec. 272. COMMITMENT FOR CONTEMPT IN OPEN COURT. No. In the county court of the county of [Seal.] To F. W,, bailiff, and to all constables and peace officers in Commitment the county of and to the gaoler of the common gaol of 2t,contemPt the Province. : Whereas, at the sittings of this court holden at 36 oo ES 562 Chap. 34. COUNTY COURT, in the county of on the day of 18 it was adjudged that E. F. then and there did in open eourt wilfully insult -of the said court (or did in view - of the said court wilfully insult of the said court during his attendance at such court, or did unlawfully inter- : mupt the proceeding of such court) and it was ordered that the sald E. F. should forthwith pay a fine of for such offence,.and in default of payment, be committed to the com: mon gaol of this Province for the period of - days ; And whereas the said EF. did not pay the said fine in obedid ence to the said order : These are therefore to require you, the said bailiff and others, to take the said E. F: and deliver him to the said gaoler of the said common gaol; and you the said gaoler are hereby required to receive the said E. F. and him safely keep in the said common gaol for the period of days from the arrest under this warrant unless the said fine and costs, the costs amounting to $ and also the expenses attending the commitment, amounting altogether to the sum of $ be sooner paid. Dated this day of 18 Fy the court, X. Y., ~ Clerk. Notre.—A commitment may be made and signed by a judge under his own seal. The foregoing forms of commitment will easily enable any one to frame any commitment in any other special case, care being taken to recite the facts correctly. FORM No. 50.—See. 217.2. GENERAL FORM OF CONVICTION UNDER THE ACT. eoalon, Be it remembered that on the day of 1s . B. is convicted before me (or us) one (07 two as the case may be) of Her Majesty’s justice (or justices) of the peace for the county of (or before me one of the judges of the court of Queen’s Bench) acting under the county courts Act, of having at in the county of onthe — da of 18 » (here describe the offence) and I (or we) the said do adjudge the said A. B. to forfeit and pay for the said offence the sum of $ and for costs the sum of $ forthwith or within days from the date hereof, to the clerk of the county court of the county of , and in de- fault of such payment, that he be committed to the common gaol of-this Province for the space of days, unless the COUNTY COURT. Chap. 34. 563 said fine and costs, together with the costs of the warrant of commitment and the expenses attending the commitment, be sooner paid. Given under my (or our) hand (or hands) and seal (or seals) the day and year aforesaid. * FORM No, 51--See 227. e APPEAL BOND. I In the county court of the county of a Between A. B., plaintiff, and C. D., defendant. Know all men by these presents, that we, etc., Appeal bond, are jointly and severally held and firmly bound unto (the oppo- site party) in the sum of (the sum to be named by the judge) to be paid to the said or his certain attorney, executors; administrators or assigns; for which payment to be well and truly made we bind ourselves, jointly and severally, and our joint and several heirs, executors, and administrators firmly by these presents. Sealed with our respective seals. Dated this day of 18 The condition of the above obligation is such that if shall prosecute his appeal without any delay and shall abide by the decision of the above named cause by the court of Queen’s Bench'and shall pay all sums of money and costs as. well of the action as of the appeal awarded, awarded and tax- ed to then the above written obligation to be void ; else to remain in full force and virtue. Signed, sealed | delivered in the presence of { (Add affidarnt of justification and affidavit of caption us follows, to be endorsed on or annexed to the bond as follows :) In the county court of the county ‘of Between A.B, plaintiff, and C. D., defendant. We, E. F,, of etc. and G. H., of etc. in the within (or tan- ? 564 Chap. 34. COUNTY COURT. nexed) bond severally named severally make oath and say as follows : (1.) I, E. F,, for myself say that I am a householder residing at oe in the county of and that J am worth property to the amount of (equal to the penalty in the bond) over and above what will pay all my just debts. (2.) And I, G. H., for myself say that I am a householder ‘ eye at in the county of and. that I am worth property to the amount of (equal to. the penalty in the bond) over and above what will pay all my debts. The said E. F. and G. H. were severally sworn before me at in the county of (Signature of sureties.) this day of 18 Clerk (vu? commissioner, etc). In the county court of the county of Between A. B,, plaintiff, and C. D., defendant. I, J. G, of ete, make oath and say as follows: (1.) I was personally present and did ‘see the within (or an- nexed) bond duly severally executed, signed, sealed and de~ livered by the thereto and therein named E. F. and G. H. ~ (2.) Tam a subseribing witness to such execution of the said -bond. Sworn before me at the county of in } this day of 18 (Signature of deponent.) (Clerk ov commissioner, etc., as the case may be.) CHAPTER XXXV. An Act respecting commissioners in Q. B. -Chief Justice and another judge to ap-{ Affidavit: same as if taken in open point commissioners in Q. B., s. 1. court, 8. 2. ‘ COMMISSIONERS IN Q.B. Chap. 35., 565. Commissioner to be officer of court, s. s. 6. ae 3. Powers of commissioner, 8. 6. Court may revoke commission, s. 4. Commissioner to take recognizance of Judges and clerks may take aifidavits, bail, s. 7. Her Mavesty, by and with the advice and consent of the Legislative Assembly ‘of Manitoba, enacts as follows : I. The chief justice and judges of the court of Queen’s Chief justice Bench, or any two of them, of whom the chief justice shall be judge to ap. -one, may, by a commission under the seal of the said court, BRO" from time to time empower such and so many persons as they think fit and necessary in the Province of Manitoba to take and receive all and every such affidavits and affirmations in cases in which by law an affirmation is allowed, which any person or persons desire to make in or concerning any cause, matter or thing depending in or in any wise concerning any of the proceedings in the said court of Queen’s Bench or in any of the county courts for the Province of Manitoba. 43 V. c. 6, ». 1. LI. The affidavits and affirmations aforesaid shall be of the a tee same force as if taken in open court, and shall be filed in the cae open office of the court in which the same are taken, and may be" read and made use of in the said court as other affidavits or affirmations taken in such court. 43 V.c. 6; s. 2. ‘ 1II. Every commissioner for taking affidavits appointed Germain as aforesaid shall be deemed to be an officer of all the of court. courts in the Province. 43 V. ¢. 6,5. 3. IV. The said court of Queen's Bench may revoke the com- neyelecous mission of any commissioner, but such revocation in the case mission. of a commissioner heretofore appointed, shall be for cause as- signed, and shall operate as a revocation in regard to all the courts and forall purposes. 43 V.c. 6,8. 4 V. The judges and clerks of the several county courts res- Judges and : Z . x clerks may pectively may take all affidavits and affirmations required to take affidge vits, be taken in their respective courts. 43 V.c. 6,s. 5. VI. Every commissioner herctofore or hereafter appointed Powers of for taking affidavits and affii-nations within this Province, whether appointed for the wh!e Province or not, may take affidavits and affirmations whi. any person desires to make in or concerning any suit or }:osecution in any of the courts of the Province, and in or concerning any application or mat- ter made or pending before any judge of any court in the Pro- vince, which, by any statute now or hereafter in force in Man- itoba, and within the legislative authority of the Province, such judge is authorized to hear and determine, or in which he is authorized to make any order, although such application or matter be not made or pending in any court. 43 V.c. 6s. 6. 566 Commission- ers to take Every male between 21 and 60 years Chap. 36. JURORS AND JURIES. VII. The commissioners heretofore or hereafter appointed to recognizance take and receive affidavits or affirmations in the courts of the , Province, shall be commissioners to take and receive all and every recognizance or recognizances which any person or persons may at any time desire to acknowledge or make in any action or suit depending in either of the said courts in such manner and form as js according to law. 43 V.c. 6,8. 7. CHAPTER XXXVI. An Act vespecting jurors and juries. Every male between 21 and @0 years of age liable to serve, s. 1. Exemptions from serving, s. 2. Disqualified to be grand or petit jurors, 5. Board of selection of jurors, s. 4. Board to meet every fourth year from 1876, 8. 5. Judge to preside, clerk to be secretary, 8.6. © : Clerk to present certified electoral _ . lists, s. 7. Members of board to take oath, s. 8. Jurors to be selected from electoral lists,s. 9. ~- Board to prepare ballots, s. 10. Manner of balloting, s. 11. ~ Selectors to make certified list of jur- ors, 5. 12. P Sheriff of Manitoba to keep book call- ed jury book, s. 13. Names to be transcribed in book be- tween Ist and 8th of June, s. 14. To be transcribed in two roils of grand and petit jurors, s. 15. Sheriff to deposit certified copy of| book with clerk of the crown and peace, s. 16. Sheriff to note in book, death or dis- qualification of juror, s. 17. Jurors’ book to be renewed every fourth year, s. 18. When lists not made judge may sum- mon board of selectors, s. 19. List so made to have same effect as if originally made, s. 20. Costs to be borne by selectors unless. valid excuse made, s. Parties may challenge, s. 22. Jurors to be taken in turn to make panels, s. 23. Grand jurors’ paneland of whom com- posed, s. 24. 36 petit jurors to be summoned, s. 25. Two-thirds English and one-third French, s. 25. The contents of neither panel to be communicated until returned into court, s. 26. Judge to issue venire facias juratores, 8. 27. heriff before summoning jury to make inquiry as to business, s. 28. Jury may be sunamoned if necessary, 8. 28. 12 days notice to jurors, 8. 29. Mode of summoning, 8. 30. Novice ofexemption within 3 days, s. Claim for exemption enteredin panel, s. 32. Mode of filling up panel, s. 33. Exemption to apply to new jurors, s. Panel to be annexed writ or precept, 8. 85. By consent jury may be composed of persons only speaking one language, 8. 86. Of persons speaking English language, except, 8S. 37. If accused demand a. jury half French or half English, s. 38. If the panel be, exhausted in such case, s. 39. As to peremptory challenges in such case, 8. 40. Trials at bar and special commis- sions, s. 41. Special jury, s. 42. View, s. 43. Challenge to be in open court, s. 44. Number may be completed from per- sons in court, s. 45. Penalties—sheriff, s. 46. Penalties—juror, s. 47. Penalty—clerk of county court, regis- trar, deputy sheriff, s. 48. Jurors to receive $1 per day, 8. 49. Mileage, s. 49. Sheriff to make pay lists, s. 51. Pay Leis to be checked and certified, 8. 52, N putes of jurors to be called over, s. Act, how may be cited, s. 54. Forms mentioned iu Act, s. 53. Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : QUALIFICATION OF GRAND AND PETIT JURORS. I. Every male inhabitant of Manitoba, between twenty-one .and sixty years of age, and whe is qualified in the manner JURORS AND JURIES. Chap. 36. 567 hereinafter mentioned, shall have a right and shall be liable to of 98¢ able serve as a grand juror or as a petit juror in all the courts of Manitoba, as well in civil as criminal matters, as he shall be required by writ of venire facias or precept in that behalf. 39 Vie 3,8. 1. i EXEMPTIONS. IL The following persons are exempted from being returned, Bxempiions and frem serving as either grand or petit jurors in any of the courts : (1.) Members of the clergy of all denominations ; -(2.) Members of the privy council, or of the senate, or of the House of Commons of Canada, or persons in the civil service of Canada, or in the employ of the government of Manitoba ; (3.) Members of the executive council, of the legislative assembly of Manitoba, or persons in the employ of the govern- ment of Manitoba or of the legislative assembly thereof ; \ (4.) Practising barristers and attorneys ; (5.) Prothonotaries, clerks.of the crown, clerks of the peace, clerks of the county court, and permanent officers of any of Her Majesty’s courts ; (6.) Sheriffs and coroners, and sheriffs’ officers, constables or bailiffs ; (7.) Gaolers ; (8.) Officers in Her Majesty’s army on full pay ; (9.) Pilots in actual service ; (10.) Schoolmasters not exercising any other profession ; (11.) All persons actually employed in the running of rail- way trains ; Le) Physicians, surgeons and apothecaries, practising their professions ; : (13.) Cashiers, managers, tellers, clerks and: accountants of incorporated banks in actual employment ; (14.) Telegraph operators in actual employment ; (15.) Millers in actual employment ; (16.) Firemen belonging to any regular company ; and (17.) Registrars. 39 V.c.8,s.2; 40 V.c. 18,5. 1. 568 Chap. 36. JURORS AND JURIES. DISQUALIFICATIONS. Disqualified’ JIT. The following persons are disqualified from being re- or sitting as i a ay, . grand and turned and from serving as either grand or petit jurors in any petit jurors. OF the courts : (1.) Persons afflicted with blindness, deafness, or any other mental or physical infirmity incompatible with the discharge of the duties of a juror ; (2.) Persons who are arrested or under a charge of treason or felony, or who have been convicted thereof; (3.) Aliens. 39V.c.3,8.3. - JURY LISTS. Board for IV. The chief justice, or any judge of the court of Queen’s jurors.” °* = Bench acting as judge of the county court, or any judge of the county court, the clerk, the registrar and the sheriff or deputy sheriff of the respective judicial counties in Manitoba, or any three of them, shall form a board of selectors of jurois for every such judicial county : provided, that the members of the legis- lative assembly representing the electoral divisions in which the list is taken, if present at the meeting of such board of selectors, may, without forming a part of said board, join in, and take part in the deliberations of said board in selecting the names of the persons qualified and liable to serve as jurors. 39 Vic. 3,8. 4. Boardtomeet V. The board of selectors in each judicial county shall, every years. four years, dating from the year one thousand eight hundred and seventy-six, on the first day of the April term of the county court, in the county of Selkirk, and the May term in the other counties, or, if the business of the court prevents them from completing the duty hereby imposed upon them, on such first day thereafter, not being a Sunday or statutory holiday, meet for the purpose of selecting the names of the persons qualified and liable to:scrve as jurors. 39 V.c. 3,8. 5.: Judge to pre- WI. The judge presiding at such county court may preside in a at the board of selectors, and the clerk of the court shall ‘be the secretary of such board. 39 V.c. 3,8. 6. Glerk to pro-| VII. The clerk of the county court shall procure certified © electoral lists. copies of the electoral lists then in force for such judicial coun- ty, and shall, at the time aforesaid, bring such electoral lists to the meeting of the board of selectors of jurors, for the use of the same for the purpose aforesaid. 39 V.c. 3, s. 7. Members of VIII. The members of each board of selectors, except the board to take “4: : : oath, presiding judge, shall, before entering upon the performance of their duties, severally make and _ subscribe before such JURORS AND JURIES. Chap. 36. presiding judge, or before the clerk, an oath or affirmation in the form following: We, A. B. and C. D., do severally swear (or affirm, us the case may be), that we severally will duly, faithfully and im- partially, without fear, favor or affection, and ‘to the best of our. knowledge and ability, perform the duty of selectors of jurors, and will select from the proper lists the most fit and proper persons to serve as jurors for the years of our Lord one thousand eight hundred and and one thousand eight hundred and ; 80 help us God. ‘ (Signed) Sworn before me at, etc., v A. B. j C. D. 39 V.c. 3,8. 8 569 IX. The selectors shall,out of the electoral lists of the several pitied pe electoral divisions of the Province, excepting those within the western judicial district and being sub-division of county of Portage la Prairie, sub-division of county of Westbourne, and sub-division of county of Norfolk, after striking off the names of persons disqualified within the meaning of this Act, select such persons resident in such divisions as in the opinion of the selectors, or a majority of them, are. from the integrity of their characters, the soundness of their judgment, and the extent of their information, the most discreet and competent for the per- formance of the duties of grand jurois, and the names so se- lected shall bear the proportion of one-twentieth of the whole list of such electors for such division respectively. 43 V. c. 7, s. 1. X. The board of selectors shall then prepare a set of ballots Board to pre= pare ballots or pieces of card or paper of uniform and convenient size, con- or cards. taining in number a proportion of one-tenth of the names left on the lists after the selection of the grand jurors, allowing one name to each ballot, and on one of each such ballots shall be printed or written the name of one of those persons found to be be qualified to serve as petit jurors as hereinbefore men- tioned, and the selectors shall then proceed to ballot fer petit jurors the remaining numbers of such persons: provided, how- ever, that the board of selectors shall not enter on the list of petit jurors for said judicial county the name of any voter not residing in said county : and provided further, that no person being a. voter in several electoral divisions in said county shall be entered for more than one of said electoral divisions. 43 V. 7,52; 41 V.c258.1. XI. The manner of balloting shall be as follows, that is to say : : (1.) The selectors, or one of them, shall place the ballots promiscuously in a box or urn to be procured by them for that purpose, and they shall cause such box or urn to be Manner of balloting. 570 Selectors to make certi- fied list of jurors. Chap. 36. JURORS AND JURIES. shaken so as sufficiently to mix the ballots, and then they shall openly draw from the said box or urn indiscrimin- ately one of the said ballots, and declare openly the name on such ballot, whereupon one of the selectors present shall im- mediately declare aloud the name of the person so balloted ; (2.) And thereupon the name, surname, trade or calling, and place of residence or domicile of the person whose name has been so selected, shall be written down on asheet of paper pro- vided for that purpose; > (3.) Which being done, the selectors shall proceed in like manner to ballot and dispose of other names from the said box or urn, until the whole number has been exhausted ; where- upon such ballot and selection shall form the list of persons to serve as petit jurors for each judicial county. 39 V.c.3,s. 11. XII, The selectors of jurors for suc judicial counties shall thereupon : : (1.) Make out in duplicate, under their signatures, or under the signatures of such as perform the duty, a report of their selection, ballot and distribution of grand and petit jurors, which report shall be as nearly as may be in the form A,and be filled up agreeably to the direction contained in the notes of such form ; (2.) There shall be subjoined to each duplicate report, a writ- ten declaration signed by the presiding judge, stating that each selector has subscribed before him the oath required previous to his entering upon the performance of the duties of selector ; (3.) One of such duplicate report shall, on or before the fifteenth day after such term of the county court, be deposited by such selectors, or by one of them on behalf of the others, with the sheriff of the Province, and the other duplicate with the clerk of the crown and peace of the Province ; (4.) The said sheriff and the said clerk of the crown and peace, shall keep such duplicate report on file in their respec- tive offices for the use and information of all who may have lawful occasion to examine or make use of the same; and (5.) In case of the loss or destruction of any duplicate orig- inal selectors’ report, the officer in whose name the same was when so lost or destroyed, shall, as soon as reasonably may be, procure from the officer to whom the legal custody of the other duplicate original of such report belongs, a certified copy of such duplicate report, and shall file the same in his office in lieu of the duplicate original, and such certified copy shall be - thenceforth taken, received and acted upon in a!l respects as if it were the duplicate original so lost or destroyed ; JURORS AND JURIES. Chap. 36. a7 _(6.) No omission to observe. the directions in this Act con- tained, or any of them, as respects the qualification, selection, balloting and distribution of jurors, the preparation of the jurors’ book, the selecting jury lists from the jurors’ rolls, the drafting panels from the jury lists, or the striking of special juries, shall be a ground of impeaching the verdict in any cause, or be allowed for error upon any writ of error or appeal to be brought upon any judgment rendered in any case, criminal or civil, by any court in Manitoba. 39 V. ¢. 3,8. 12; 43 V.c.s.3. JURORS’ BOOK. XIII. The sheritf of Manitdba shall, without delay, procure Sheriff ot | a book and keep the same as nearly as may be in the form B, keep a book : and agreeably t the directions contained in the notes to such bok form, and such book shall be called the “jurors’ book of Mani- toba ;” and the period of time for which such book is to be used shall be inserted therein. 39'V.c¢. 3, s. 13. XIV. From the reports of each board of selectors of jurors pore ae. for the different judicial counties, so made to the sheriff and to book between the clerk of the crown and peace for such period of time as June.*!™* aforesaid, the sheriff shall, between the first and the eighth of June of the same year, transcribe into the jurors’ book afore- said successively, one after the other, the name of the first person in every report deposited with him, and afterwards the name of the second person in every report, and so on in rota- tion till the names of all the persons appearing on such reports be exhausted ; but if the number of jurors appearing upon any such report exceeds the number appearing upon others, the sheriff shall take from the more numerous report, in its turn, @ proportionately greater number of names, so that the jurors from each judicial county in the Province may be distributed throughout the whole jury list in a manner corresponding, as far as practicable, to the proportion which the total number of jurors in such judicial county bears to the total number of jurors on the list. 39 Vie 3,5. 14. XV. Such names shall be transcribed, as aforesaid, one after [Tnscribed the other without interruption, into the jurors’ book in two of aie rolls as they appear in the reports aforesaid; the first to be” a i called, “roll of grand jurors,” and the second, “roll ,of petit jurors ;” and such roll shall be authenticated by the certificate and signature of the sheriff, and such jurors’ book shall not be altered in any manner whatsoever, except as hereinafter pro- vided. 39 V.c. 3,8. 15. XVI. The sheriff shall, between the eighth and tenth days Cok cccunat of June, cause a correct copy of the jurors’ book, certified by copy of book him to be a true copy of the original, to be made and deposit- oped ed in the office of the clerk of the crown and peace, and from Pee. it, in th event of the loss or destruction of the original by fire or other accideht, a duplicate original of such jurors’ book shal] 572 Chap.- 36. JURORS AND JURIES. be made, and being certified by the said prothonotary to be truly copied from the copy deposited in his office, shall, upon such loss. or destruction being established upon oath or affirmation, as the case may be, before a judge of the court of Queen’s Bench, be received or used, on all occasions and for all purposes, as the original book so lost or destroyed. 39 V.c. 3,8. 16. deathorae XVII. If the name of any person who is exempt or disqual- apalification ified has erroneously been inserted in the reports of selectors. book. of jurors delivered to the sheriff, or if, at any time, a juror dies or removes his domicile from the county, or becomes exempt or. disqualified, and the fact in such case is established to the satisfaction of the sheriff, by affidavit in writing deposited . with him or otherwise, the sheriff shall note the same in the jurors’ book, opposite thé name of the juror, in blank column or columns retained for the purpose; and he shall give notice thereof to the prothonotary, who shall make the same changes in the duplicate in his possession. 39 V. c. 3, 8. 17. Jurors’ book, XVIII. The said jurors’ book shall be renewed and made every fourth every fourth year, in the manner hereinbefore directed, after eran such book has been first made, dating from the year one thou- sand eight hundred and seventy-six. 39 V. ¢. 8,8. 18. ae XIX. Whenever, from any cause whatever, the list of jurors, judgemay which the board of selectors in each judicial county is by law summon . board of required to make or renew, have not been made or renewed selectors. for any such county, in the manner and within the period limited ky law, then, as soon as the fact is made known by the sheriff, or the clerk of the crown and peace, to any judge of the court of Queen’s Bench, such judge shall order the sheriff of the Province to summon the board of selectors who have failed to carry out the law, and, with assistance of the selectors afore- said or the majority of them, to make or renew the lists of jurors for such county, or such of them as have not been made. or renewed as aforesaid, and shall, by such order, fix a period within which such list shall be made or tenewed; and if such order is not complied with, another may be made by the same or any other judge of the court of Queen’s Bench in like’ man- iis Mate 10 Gener, until the said lists are duly made or renewed: provided new ones are always, that, until such new list shall have been made as afore- snare said, the list last made shall be used. 39 V.c 8,8. 19. , List to have | XX. The lists made or renewed under any such order shall if originally then beof the same force and effect as if originally made with- oe in the time prescribed by law, and shall be reported, deposited, dealt with and used as if so made; but they shall remain ‘in force only during the same period as if they had been made or renewed at the time prescribed by law; and lists shall be again made or renewed accordingly at the expiration of the proper period. 39 V.c. 3,8, 20. . Costs to be XI. The cost of making or renewing ists of j porate Xx e g ewing any lists.of jurors, selectors un- under such order as aforesaid, shall be borne by. the selector or 5 * ¢ JURORS AND JURIES. Chap. 36. 573 selectors in default, unless some valid excuse is given by such 2S "3ven~ selector or selectors for not making or renewing the same at the time prescribed by law. 39 V.c. 3,8. 21. XXII, Nothing in this Act shall be construed to deprive any f3ttisnge.” party to the cause of the right of challenging any juror not qualified in the manner herein required, or for any lawful cause of challenge, nor to prevent the judge or judges from pro- ceeding to determine the validity of such challenge in the manner prescribed by law. 39 V. c. 3, 8. 22. THE PANELS. XXIIL Atl grand and petit jurors summoned to serve st oe tO ea any court shall be taken in turn by following uninterruptedly and successively the order of the list, beginning with the first . name upon the jurors’ book, when such jurors’ book is newly made, and thereafter with the name following that of the last juror already summoned, and so on successively, until the number of the list has been entirely gone through, and then be- ginning again and going through in like manner. 49 V.¢. 3, 8, 23. ' XXIV. The panel of the grand jurors to be summoned at any Brand jngors sittings of the court, shall be made from the grand jury list whom com- in the jurors’ book, by taking therefrom the names of fifteen?*°™ persons, two-thirds of whom shall be composed of persons speaking the English language, and the other third ot persons speaking the French language ;. and such panel shall be made by the sheriff from the list of jurors in the order in which the. names of each class, respectively, appear therein, commencing in the same manner as is herein provided for the making of panels of grand and petit jurors respectively ; and the assent of at least eight of such panel shall be required to find a bill or information. 39 V.c. 3,5. 24; 40V.c 18,8. 4; 42: V. ec. 12,8. land 2. XXV. There shall be thirty-six petit jurors summoned for Toiiysix, any sittings of the court of Assize and Nisi Prius and ofsummoned. Oyer and Terminer and General Gaol Delivery, two-thirds of fwothirds | whom shall be composed of persons speaking the English lan- third French. guage, and the other third of persons speaking the French . language, to be taken by the sheriff from the list of petit jurors in the order in which the names of each class respec- tively appear therein, commencing in the same manner as is herein provided for the making of panels of grand and petit jurors respectively. 39 V.c. 3,8. 25. XXVI. Neither the grand jury panel, nor the petit jury Neither potit panel, nor the name of any person on such panel, shall be com- panel to bo municated either verbally or otherwise to any person or per- ee oe aient: sons whomsoever, until after such panel is returned into court Teturned. by the sheriff ; nor shall the sheriff’s list be inspected by, or 1 574 Chap. 36. JURORS AND JURIES. communicated to any person not employed in his office, except upon an order of the court or of a judge granted for that pur- pose. 39 V.c. 3,8. 26. Fudge to issue XXVII. The judges of the court of Queen’s Bench to whom facias juratores. the holding of any court of Assize and Nisi Prius, of Oyer and Terminer and Gaol Delivery belongs, or some one or more of such judges, shall for that purpose, issue writs of venire Jacias juratores or precept to the sheriff for the return, within at least thirty or more days after such issue of the writs. cr precepts aforesaid, of a competent numbei of grand and petit Jurors, to be mentioned in the said writs or precepts, for cases, both civil and criminal, to be tried at such courts according to law. 39 V.c. 3,8. 27. Sieie idiow XXVIII. The sheriff, before summoning persons to serve as summoning grand or petit jurors, shall inquire of the clerk of the crown beifthere and peace whether there are criminal or civil cases.to be tried are criminal by jury at the next assizes ; and he shall not summon any to be triedby grand or petit jurors for such court, unless he is thereupon in- Const to meet rmed that such jurors are required ; but the: assizes shall, at time fixed nevertheless, be held at the time fixed by law; and if there- ee mt pe Upon, or durjng the said assizes, it appears to the judge who summoned shall preside thereat to be necessary for the investigatien or sary "°° trial of any case coming before him, he may then direct the sheriff to summon the usual or a competent number of persons to serve as a grand or petit jurors at the assizes then sitting, or on any day to which adjournment may. be made, or which may be appointed ; and all proceedings had at and before such assizes, so adjourned or postponed as aforesaid, shall be as valid as ifit had or done at or before the assizes at the ofdinary time of the holding thereof. 39 V.¢. 3, s, 28. XXIX. There shall’ be an interval of at least twelve Twelve days’ days between the service of a summons upon a juror summon- eS ed to serve before any court of Assize and Nisi Prius, of Oyer and Terminer and General Gaol Delivery, and the day upon which he is called upon to appear, except in spécial cases to be named in the venire facias or precept, or other reasons, to af- ' ford time for the summoning of additional jurors in the place of those who have either not been summoned, or who have given notice of intention to claim exemption. 39 V.c. 8, s. 29 XXX. The sheriff, or his deputy or bailiff, shall, in the coun- Mods of ty of Selkirk, summon every man bound to serve as juror by. Summoning delivering to him, or in case of his absence from the usual place of his abode, by leaving with some grown person there inhabit- ing, such summons; but such service shall be made in ‘the other counties by the deputy sheriffs or sheriffs, under the in- structions of the sheriff of the Province or otherwise. 39 V.c. 3, 8. 30. Notice ofex- XXXJ. In every summons served as aforesaid , upon any cron rithm juror, requiring him to attend and serve as such juror, a notice three days. shall be inserted informing such juror that if he intends to JURORS AND JURIES. Chap. 36. claim exemption from serving as such juror under section two of this Act, he must, within three judicial days from the ser- vice of the summons, furnish the sheriff or his deputy with an affidavit in writing, sworn before a justice ot the peace, or before the sheriff, or prothonotary, or deputy sheriff, or clerk of the county court, or commissioner for taking affidavits in the Queen’s Bench, establishing the ground of his claim to exemption; and if such juror neglects so to do, he shall not be allewed the benefit of such exemption ; and no juror shall be exempt for any other reason than those set forth in said section two, unless the court be convinced that the public interest admits of such exemption being allowed: pro- vided, however, that a juror, being on the voters’ lists for more than one judicial division, shall not be summoned to serve for any other judicial division than the one wherein he is resident. 39 V.c. 3,8. 31; 41 Vie 2,8. 2. ‘ XXXII. The sheriff shall insert in the panel, before he re- turns the same into court, opposite the name of any juror who furnishes such an affidavit, the fact of such an affidavit having been furnished, and the grounds stated by such jurors as those upon which such claim for the exemption is to be made. 39 V.c. 3, 8. 32. XXXII. Immediately upon receipt of such affidavit, the sheriff shall add to the panel a further number of names of. jurors equal to the number of jurors who have not been served with a summons by reason of death, absence from the Pro- vince or other sufficient cause ; which names shall be taken from the jury list in turn, commencing with the names of the jurors liable to serve which follow upon the list next after the last name upon the panel, and proceeding with the taking of a sufficient number of names successively in the order in which they appear upon the list, and subject to the provisions con- tained in section twenty-four of this Act; and he shall proceed to summon such additional jurors in the same manner as if they had been upon the panel in the first instance. 39 V.c. 3, 8, 33; 40 Vic. 18,8. 5. XXXIV. All the provisions hereinbefore contained, as to tion, and as to the mode of claiming exemption, and as to the invalidity of a claim made for exemption without previous affidavit, and as to the summoning of additional jurors in the place of those not served with a summons, or who have fur- nished an affidavit in support of their claims for exemption, shall apply to the jurors so added to the panel, in the same manner and to the same extent as to the jurors ‘placed upon the panel in the firstinstance. 39 V. ¢. 3, 8. 34. XXXV.- The sheriff shall, upon his return of the writ of venire facias or precept, upon the authority of which the panel has been made by him, annex such panel to the said writ or precept, containing the names, together with the places of 57 Claim for exemption inserted in- panel. Mod up panel, 5 e of filling Exemption to : : ‘ : A apply to new notice to jurors respecting intended claims for exemp-jurors. Panel to’ be annexedjto writ or pre- cept. 576 | Chap. 36. JURORS AND JURIES. abode' and additions, of the persons made to such panel; and he shall also report his proceedings as to the summoning or attempting to summon the persons whose names appear in such panel and in such additions ; and if, in consequence of the dis- allowance of claims for exemption, the surplus number of jurors may be discharged by the court ; and if a panel has not been made under the provisions of the twenty-eighth section of this Act, the sheriff shall state so in his return of the writ of venire facias or precept into court according to law. 39 V. ¢. 3, 8. 35. THE FRENCH AND ENGLISH LANGUAGES, . Criminal Cuses, Rexacn, XXXVI. The prosecuting officer and party prosecuted may commposedof consent that the jury in any case on indictment to be tried Epeaking may be composed exclusively of persons speaking the English Pagiish or Janguage or of persons speaking the French language; but unless the party prosecuted, on being arraigned, demands a “ jury composed, for the one-half at least, of persons skilled in the language of the defence (if such language be either the English or French language), the said jury shall be composed of the first twelve persons who, being called from the general panel, ap; gar and are not lawfully challenged. 39 V.c.3,s. 36. Civil Cases. jury magpie: XAXVIL In any civil suit in which a trial by jury may be composed of“ legally had, the court may order that the jurors to be summon- persons ! , Z : . : speakingn*™: ed to try any issue in such suit, shall be composed exclusively Haglish len. of persons speaking the English language ; but if any demand objectedto. be made therefor by any party to the suit, the said court may order that the jurors summoned for such trial shall be com-' posed in equal numbers of persons speaking the English lan- guage and of persons speaking the French language, if the parties to the suit are accustomed to speak, one the English, and the other the French language : provided always, that when the plaintiff and defendant in civil cases speaking dif- ferent languages, the plaintiff being English and the defendant French, or vice versa, either party may claim a mixed jury by notice to the prothonotary before the jury is empanelled ; and in such case the judge, may, in his discretion, but not other- wise, grant the application ; and if granted, the jurors shall be called in the order in which they appear on the venire ; but after six of one language shall have appeared, others of: the same language shall be set aside till there shall be found six jurors of the proper language, who shall be the jury to try the cause. 39 V.c.'3, 5.37; 34 V.c. 2,5. 19. Criminal Cases, If aceused XXXVIIL Whenever any prosecuted party upon being fary bait arraigned before any court of Oyer and Terminer or General - JURORS AND JURIES. Chap. 36. 577 Gaol Delivery in the Province of Manitoba, on an indictment rh. for any offence, demands a jury composed for the one-half at least skilled in the language of the defence, if such language be either English or French, he shall be tried by a jury composed for the one-half, at least, of the persons whose names stand frst in succession upon the general panel, and who, on appear- ing, and not being lawfully challenged or asked to stand aside, are found, in the judgment of the judge presiding at the said court, to be skilled in the language of the defence. 34 V.c. 14, s, 3, Statutes of Canada. XXXIX. Whenever from the number of the challenges or [fthepanel | any other cause, there is in any such case, a deficiency of per-/n such case, sons skilled in the language of the defence, the presiding ~* judge may order the sheriff by whom the jury was summoned forthwith to complete the number, by taking from the persons present in court as many qualified per- sons to be jurors in the case as are wanted to complete the required number; and the sheriff shall so make up the requisite number accordingly; but if the number eannot so be made up, the judge may fix another day for the trial of such case ; and the sheriff shall supply the deficiency by summoning for the day so fixed such additional numbers of jurors skilled in the language of the defence as the judge may erder, and as are found inscribed next in succession on the roll of petit jurors, 34 V.c. 14,8. 4, Statutes of Canada. XL. Whenever a person is accused of treason or any felony, Asto peremp. elects, and is permitted to be tried by a jury composed one sonia auch half of persons skilled in the language of the defence, the num- °*** ber of peremptory challenges to which he is entitled shall be divided, so that he shall only have the right to challenge one- half of such number from the English speaking jurors, and one- half from among the French speaking jurors. 34 V.c. 14,8. 5, Statutes of Canada. JURORS FOR TRIAL AT BAR OR UNDER SPECIAL COMMISSIONS. XLI. For the trial of “causes at bar,’ and in all cases of Trials at bar “ special’ commissions,” jurors shall be selected, struck, sum- eens: moned and returned, and shall be bound to obey the summons in that behalf, according to the venire facias or precept issued by the chief justice or other judge of the court of Queen’s Bench ; and in the particulars of practice in all such cases the provisions of this Act, in so far as the same are applicable, shall apply; and in other respects the law and practice which existed in England in like cases, on the 15th of July, 1870, shall govern. : ° SPECIAL JURY AND VIEW. XLI. Either plaintiff or defendant in any civil action in Special jury. the Queen’s Bench may, of right, have the issues of fact there- in joined and the damages, to be tried and assessed by a 578 Chap. 36. JURORS AND JURIES. “special jury” according to the law and practice. in that behalf, being and existing in England on the 15th of July, 1870; and the striking and summoning of the said “special jury” and all other matters in respect thereof, if any doubt or difficulty arise in respect of the same or of any matter in relation thereto, may be settled and determined by the chief justice whose order, upon all and singular the premises, shall have the force and effect of law. » View. XLII. Either plaintiff or defendant in any civil action in the Queen’s Bench, in which there are issues of fact to be tried by a jury, may have “a view,” by the jury empannelled to try the said issues, of the locus in quo and the surroundings affecting the same, wherever the same may be situate in the Province, according to the law and practice in that behalf, be- ing and existing in England on the 15th of July, 1870; and in all matters not specially provided for, or in respect of which doubts may arise, the order of the chief justice shall be con- clusive and shall have the force and effect of law. CHALLENGES, TALESMEN, Challengeto XLIV. Every challenge or exception to the panel or to any bse ee particular juror returned thereon, shall: be taken, made and de- termined upon, in open court, and conformably to the laws of England. 39 V.c. 3,8. 38. Namiver 3 XLV. If in case, civil or criminal, a part of the jurors ‘sum- from persons moned in any case be challenged or make default, so that incourt, —_ twelve jurors fit and qualified cannot be sworn, the court or judge presiding may order the sheriff, by whom the jury was summoned, to complete the number by forthwith taking from among the persons present in court as many persons qualified to be jurors as are wanted to complete the required number, and the sheriff shall so complete and make up the number ac- cordingly. 39 V.c. 8,8. 89. PENALTIES. Penalties— XLVI. If the sheriff wilfully or negligently offends against ‘ any of the provisions of this Act, he shall, for the first offence, incur a penalty not exceeding fifty dollars nor less than ten dollars, and for the second offence a penalty not exceeding sixty dollars nor less than fifty dollars; and for the third or any subsequent offence, a penalty not exceeding two hundred doilars, nor less than one hundred and sixty dollars. 39 V. «. 3, 9. 40. Penalty— XLVIL. Every person duly summoned to serve as a juror aa under the authority of this Act, who refuses or neglects to at- tend in pursuance of such summons, or who, being at court called, does not answer to his name, or any such juror or any talesman after having been called who is present but does not ~ appear, or who, after his appearance, wilfully withdraws him- JURORS AND JURIES. "Chap. 36. 579 self from the presence of the court, shall incur a penalty not exceeding one hundred dollars, which shall be levied on a rule or order of the court by the sheriff on the goods and chattels ‘of such person ; or the person so offending may be imprisoned ‘for any period not exceeding thirty days, as the judge may direct, with. power, however, to remit the penalty or any part of it upon good cause shown to the said judge. 39 V. c. 3, 8. 4, ns XLVIII. Every clerk of the county clerk, or registrar, sheriff Penalty or deputy sheriff or other public officer who shall refuse or cout neglect to discharge the duties assigned to him under the pro- Dep. sherift, . visions of this Act, shall incur a penalty of twenty dollars and a further penalty ot five dollars for every day during which he shall continue to be in default. 39 V.c, 3, s. 42. PAYMENT OF JURORS, XLIX. Every juror actually attending any of the courts of Jurorsto re- assize and nist prius, oyer and terminer and general gaol deli- dollars per)“: very shall be entitled to receive, in the manner hereinafter 9% ao provided, the sum of one dollar per day for every day he at- tends such court ; and the jurors within ten miles of Winnipeg Jurors within five cents per mile travel going and returning from court 3 Winnipeg five jurors living at a further distance ten cents per mile going mile and coming ; and the distance travelled shall be ascertained by the declaration of the sheriff, sheriff's bailiff, deputy sheriff or sheriffs officer who summoned such juror, or by the declaration of the juror himself; but every juror who makes a false decla- ration respecting such distance shall, in addition to any other penalty or punishment imposed by law, forfeit his right to re- ceive any payment for travelling or attending such court as ajuror. 39 V. c. 3,8. 43. L. No remuneration for travelling expenses shall be allowed Jurors‘within to any juror whose usual residence or place of business is with- farperasg” in the limits of the city or town in which such court is held ; but every such juror shall be entitled to receive one dollar and no more, for each days attendance at court. 89 V.c.3,s. 43. LI. The sheriff shall make a pay list for jurors summoned to Sheriff to attend any of the aforesaid courts in the form C, and shall at- Merk? P®” tend or cause his deputy to attend at the opening of the court on the morning of every day on which such court sits for the trial of causes by jury, and upon the jurors being called over, shall check and mark them by the word “present” or “absent,” as the case may be, in the proper column of such list opposite the name of every such juror who is present or absent, and on the day upon which jurors are discharged, or any number of them, he shall certify and return the said pay list, or so much 2 it, . aes may be, to the treasurer of the Province. 39 .¢. 3, 8, 44, @ 580 Pay list to be checked and certified. Chap. 36. JURORS AND JURIES. LIT. The said pay list, checked and certified as aforesaid, shall be a sufficient authority for the treasurer of the Province to pay to each juror the sum to which he appears entitled, as certified by such list, and the treasurer shall forthwith, on de- Names of jurors to be called over. mand, pay every such juror the sum so appearing due to him on such list.. 39 V.c. 3, 8. 45. LUI. The clerk of the crown and peace, or some other officer of the court, shall, at the opening of the court every’morning, and before anv other business is proceeded with, call over the names of the jurors, so that the sheriff or his officer may check who are present orgwho absent; and a juror, not appearing when so called, shall not be entitled to any pay for the day on which he makes default, unless the judge otherwise orders ; and every juror, for each default he makes during the day when called, shall be liable to a like penalty and such fine as -to the court seems meet. 39 V.c. 3,5. 46. How cited. LIV: This Act may be cited as “Fhe Manitoba Jerors Act.” 39 V. c. 3, 8. 48. LV. The following are the forms mentioned and referred to in this Act: \ 581 Chap. 36. JURORS AND JURIES, "yynog “IOJOVIYUOD) ‘BodtaulM peypy ‘todig ‘gapteyO IS! 1g ‘qURYoIE PL ‘sopreyO “49 youyeg ‘Arve, O “ooRTMO “38 ‘oatnbsgy ‘eoeFTMO “9S prpuy 99°? “SOTIBE AC “TOWLE, ‘goulee “49 ydesor ‘aoreureD ‘qseq ‘weUeT} EL) ‘Sodraut | uyor ‘MoStepuy eBueg |-dy [sag] -ysueg | 407 , aay M ‘ALO NOLLIGAY HTIOINOG, SAK NY ‘KHAUNOG dIHSNMOJ, | “LNAWATLLAG GIO HO NOILVdN000 YO FONACISHY ‘SHZISSV AHL LY AAUAS OL SUOUN GNVaOD JO ITO al], JO SUOTJEATP 9Y} 07 JUBNsInd QI rV3eed ayy UL jo £ep py Siomp eqoyueyy ayy asno ay) sn ‘guoys kyndep 10) BLYys ayy pue “FT "9 pue ‘rexqstSo1 oy} “WT “| QaAnoo Yons Jo yA] Aq ‘asnoy yanoo oy} 78 ‘AguN0o Yons Joy 4anN09 oY} Jo sp) Aep (pally, wo puoves 40) 4S oY} UO epvuT SST siv0k uo ‘(aq how ayy Jo (aq Anus asvo ay7 oy} Loy jo Ayunoo perorpnft ay} Jo WOISIATp Teloqoo[o oy} Oz sromnl yYV0d Jo qoTTeq ey} Jo pure sxoinf puwss oy Jo UOTNqIASIP pu UOTeTES OY} Jo yt0doy ‘HONE SNGANS AO LUNOD : ‘GL 008 Y—V WAOd JURORS AND JURIES, ROLL OF PETIT JURORS TO SERVE IN THE COURT OF ASSIZE AND NISI PRIUS. vie R HsID ENC ek 0 cour amt oN on | VED SETTLEMENT. TowoNsHIP SURVEY. re ; eer ce ‘ Lot. | Parish. Sec. | Tp.| Range. Rollo, Peter. St. James. Farmer. St. James. Young, James Winnipeg. Joiner. ; North. ‘Carriere, Baptiste St. Boniface. Farmer. 32 1St. Boniface. Lajoie, Pierre St. Charles. Freighter. St. Charles. Carmichael, Michael |Winnipeg. Laborer. 48 West. : J, the above named do hereby state that each of the above named selectors has subscribed before me the -oath required in the eighth section of the “ Manitoba J urors’ Act,” and that the selection and distribution of the grand jurors for the judicial county of and the ballot of the petit jurors for such county have been made conformable to law, and that this is one of the duplicate reports of the roll of jurors so made. Witness my hand and seal, the day and year last above written. . , (Signed) : A. B,, LS: ; Presiding Judge. IL8,] To the sheriff of Manitoba, at Winnipeg, (or to the clerk of the crown and- . : peace, at Winnipeg.) 582. Chap. 36. Chap. 36. 583 t JURORS AND JURIES. “BqOPUBL FO PMoyg “€ 'V (peustg) pue perpuny 4YyS1e puvsnoyy euo - jo Lep sty} puey AU SON TIM ‘(aq Anw asno oy) sp 10) eqoqrreyy Jo souLACIg OY} Io snag WIN PUB oZISSV JO 4.09 yy ut s10Inl puerS SB PATS 0} OqQBIT pus ‘poprrenb ‘yuszedu09 se pozrodesr pure peqoeyes os suoszed [Te Jo aftormop pue ‘uolQIppe 10 uoTyednd00 ‘sou Oy} Jo yduosue yoor1109 pue onze oP siouns ay], UL UOJ JOS TouuvUL oy} UT ‘surequoo sxoinf pueas Jo [Tor yons get} pues SI jo dep aq} WO 8I ay} Log stornf Jo s10yoeTos Jo spreoq snomea ay} Aq our 0} opear sqroder oy wOAT eoUTAOIG ay} AOy srornl pwers Jo [Tor eaoqe oy pareduioo Aypogerea aaty jo £ep ayy Uo yey, AjIZ109 04 ore osoyy, . : “1OJOVIYUOS) “TOYOUSAOIG “440q.10 NT ‘4 aLetg ‘Sloqnaqy “‘quRYyo.Ie ‘TeSsVT ‘s,worpuy 4g pe GysaayTe—y ‘TOWLE ‘oqqonbreyy yso My ‘edeq10g AMBIPUY ‘UeULIeUUeg “UBULETIUAK “AQIQ ‘sedruut jy uyor ‘uosiapuy ‘SWUVNEY uol}Ippy 10 uoTyedno0Q ‘e[LOTULO(Y Io souEptsery ; ‘SANVN ‘stounp puniy fo yoy ‘VAOLINVIN 40 MOOd SHOUNL AHL tT ‘$I 80g eN—G WHOT JURORS AND JURIES. Chap. 36. ‘B84 2.—Roll of petit jurors. NAMES. Residence or domicile. Occupation. REMARKS. Young, Peter. St. James, Selkirk County. Carpenter. Lapierre, Joseph. Ste. Agathe, Provencher County. , Farmer. Hughes, Hugh. Winnipeg City, Selkirk County. Laborer. Laverdure, Jean. Baie St. Paul, Hast Marquette. Freighter. These are to certify that I have carefully compared the above petit jurors’ roll with the reports made by the several boards of selectors of jurors to the different jndicial counties in the Province, for the 188 , assuch report remain with me as sheriff of Manitoba, on the day of that year, and that such petit jurors’ roll contains in the manner set forth in the jurors’ Act, a true, faithful and correct transcript of the names, occupation or addition and domicile of all persons balloted, according to law, and reported as competent, qualified and liable to serve as petit jurors in the court of Assize and Nisi Prius for the Province of Manitoba (or as the case may be). Witness my hand, this day of one thousand eight hundred and seventy (Signed), A.B. 4 , Sheriff of Manitoba. ADMINISTRATION OF JUSTICE. Chap. 37. CHAPTER XXXVII. An Act respecting the Administration of Justice. RePLEVIN— When goods may be replevied, s. 1. Goods seized in execution not replevi- able, s. 2. County court may grant replevin, when. s, 3. Proceedings before writ can issue, s. 4. Affidavit to be made, s. 5. Writ not to be served until goods or a part are replevied, s. 5 Sheriff to take bond—Form of and assignment, s. 6. In case property is concealed, s. 7 When writ to be returned, s. 8. If the defendant served does not ap- pear—Form of appearance to be en- tered by, s. Declaration shall conform to wr it, s Other pleadings, s. 10. ATTACHMENT— What may be avtached. and when at- tachment to issue, 8. The words “debtor” a “creditor,” Ss. May issue during pending of action, s. What the affidavit shall state, s. 14. Order to be made on affidavit, s. 15. Form of writ of attachment, s. 15. Date of writand when to be served, 8. ’ Writ to issue in duplicate, s. 17. When personally served, s. 18. What plaintiff shail do before he ob- tains judgment, s. 19. Concurrent or duplicate writs, s. 20. Judge may let in defendant at any es before execution executed, s> Effect of bail and appearance, s. 22. After putting or perfecting bail or ap- pearance property may be restored, What may be seized under attach- ment, s. 24. In the case of horses, cattle, perish- able property, s. What sheriéf to do in such cases, 8. 26. Property or proceeds in county court, Inventory on first writ of attachment, s. 28. What may be done by defendant be- fore execution executed, 8. 29. Where action commenced before at- tachment sued out, s. 30. Ifjudgment fraudulent may be set}. aside, s. 31. sen of notice of writ of attachment, Debtors of debtor, s. 33. If property attached insufficient, pro- ceedings against debtor of debtor, 8. Form of declaration in such cases, s. Sheriff not pound to bring action un- til secured, s. The action ae not abate by death or removal of sheriff, s. When several attaching erreditors, proceeds to be distributed rateably, 8. 38. As to attaching creditors in county court, 8. 39. Creditors not to share unless writs placed in sheriff’s hands within six months, s. 40. ‘When sheriff may or aia restore property seized, s. After one month ance distribution all the overplus to be restored, s. 42 GARNISHEEING— Who may be ere and what may be garnished, 8. Mode of A ceding to garnish, Be s4. INTERPLEADING— Whena Barty. may apply for inter- pleader, § Brotoeeine ‘on “order or summons, s. J ney Hotlee in interpleader issues and form, 8. 47. Court or ‘\adeo may finally dispose of matter, 8. 48 Rule or order may be rescinded by court, 8. 49. Judgment to be final, s. 50. In case third party fails to appear, 8. 51. Matter may be referred to full court, 8.52. i ease of claims to goods taken in ex- ecution, ete., 8 53. In case of several executions em- braced in one application, 8. 54. Cases of executions from several sourts—application, s. 55. Orders as to sale of goods—pending interpleader, s. 56. Osis discretionary with court or judge, s. 57. When issue is ordered, sheriff may tax his costs and serve allocatur on each party, 8. 58. The successful party liable to collect sheriff’s costs, s 69. In _ case compromised who liable to sheriff for costs, s. ‘All pesca aps may be entered of re- cord, s. ea not paid, execution to issue, s Sheriff’s fees on such execution. s. 64. Bailiff and carrier may, in certain cases, interplead, s. 65. Powers of judge in such cases, s. 66. When and how claimant may be bar- red, s. 67. Court to provide for lien of bailee on goods, if any, 8. Sections in the Act made applicable in the case of bailees, s. 69. Provisions of the Act respecting in- terpleading limited to Queen’s Bench, s. 70. Powers of judge in chambers, sx. 71. IMPRISONMENT FOR DEBT— Exemption from arrest, s. 72. Who may be arrested—for what and on what proceeding, 8. 73. Writ of arrest in equity, s. 74. Inalimony, 8. 75. Bail or security required in writ of arrest, s. 76 Capias ad satisfaciendum may issue on judgment, s. 77. In cases where money is ordered to be paid provided for, s. 78. Proceedings to be taken under a capias ad respondendum or capiasad satisfacien- dum, 8. 79. In case of breach of bond sheriff shall assign, s. 80. fats debtor on batl—interrogatories, EXECUTIONS— Execution penieer goods and lands at same time, s No lands to be sold unless writ in sheriff’s hands oné year—what in- terest may be sold, s. 83 Under execution personal property to be sold before real property, 8 585 586 When goods may be reple- wied. Goods seized in execution and tobe replevied. County court to grant re- plevin where value does nu exceed $40, and the title to land or the construction of will or de- vise not brought in question. Proceedings before writ ean issue. Chap. 37.. EXEMPTIONS FROM SEIZURE—- Personal property exempt from seiz- re, 8.'85. Debtors’ selection, s. 86. Validity of marriage contracts and judgments of separatioa, s. 87. Cases in which certain articles not exempted from seizure, s. 88. In case of taxes, s. 89. ENLARGEMENT OF DEBTORS— Examination of debtor and his dis- charge, 8. 90. Affidavit before discharge, s. 91. Creditor to proceed to judgment with- out delay after arrest of debtor, s. If creditor does not proceed debtor may apply for enlargement, s. 93. If discharge cbtained through fraud senor may .be re-arrested, etc.,s. FRAUDULENT PREFERENCES— ADMINISTRATION OF JUSTICE. Hrandulent departing with property, 8, 96. Fraudulent destruction, ete., 8. 97. Fraudulent gift, s. 98. ASSIGNMENT OF CAUSES OF ACTION— Debt arising out of contract assign- able at law, s. 99. Assignee—meaning of, s. 100. Declaration to set forth what, s. 101. Assignment subject to defences and set-offs to apply as between debtor - and assignee, s. 102. Assignee to hold and enjoy on notice of assignment given to debtor, s. 103. Bonds or debentures transferable by SEED holder may bring suit, s. Provisions not to apply to bills or promissory notes or negotiable in- struments, 8. 105. ‘orms referred to in’ sections, 5, 6,9, 10, s. 106, Fraudulent preference void, s. 95. Her Masesty, by and with the advice ard consent of the Legislative Assembly of Manitoba, enacts as follows : REPLEVIN. I. When any goods, chattels, bonds, debentures, promissory notes, bills of exchange, books of account, papers, writings, valuable securities or other personal property or effects, have been wrongfully distrained under circumstances in which by the law of England replevin might be made, the person so com- plaining of such distress as unlawful, may obtain a writ of re- plevin in the manner prescribed in this Act; or in case any of the goods, chattels, property or effects aforesaid have been other- wise wrongfully taken or detained, the owner or other person or corporation capable at the time this Act takes effect of main- taining an action of trespass or trover for personal property, may bring an action of replevin for the recovery of the dam- ages sustained by reason of such unlawful caption or detention, or’ of such unlawful detention, in like manner as actions are brought and maintained by persons complaining of unlawful distress. 38 V.c. 5,8. 1. II. The provisions herein contained shall’ not authorize the replevying of, or the taking out of the custody of any sheriff or other officer of the court of Queen’s Bench or the county court, any property seized by him under any process issued out of either of those courts. 38 V. ¢. 5,8. 2. LiL. In case the value of the goods or other property or ef- fects distrained, taken or detained, does not exceed the sum of forty dollars, and the title to land, or the construction of any will or devise shall not be brought in question, the writ may issue from the county court of the county whercin such goods or other property or effects have been distrained, taken or de- tained. 38 V.c. 5,8. 3. IV. Before any writ of replevin shall issue, the person claim- ing the property, his servant or agent, shall make an affidavit ADMINISTRATION OF JUSTICE, Chap. 37. 587 which shall be entitled and filed with the clerk of the court out A™4ayit fo, of which the writ is to issue, containing : tolerate. (1.) A description, or, as near as can be done, an inventory Eee of the property, and the value thereof, to the best of deponent's tue i fite, per- belief; and stating that the person claiming the property 18 as owner or the owner thereof; or that he is lawfully entitled to the pos-l@yfally east session thereof, (and the description or particulars of the pro- on. tion perty and the value thereof shall be stated in the writ) ; - and value to writ.) (2.) If replevin is sought in the case of property taken as a Irproperty distress for rent or damage feasant, the affidavit shall state, in tress for rent addition to what is required by sub-section one of this section, 07mg te. that the property was distrained and taken under coloz of a davit to state distress for rent or damage feasant (as the case may be) ; tion, ete. (3.) Ifreplevin is sought in a case where the property was tr wrongfully - wrongfully taken out of possession of the claimant, or was fy taken, ete. fraudulently got out of his possession, the affidavit shall state, in er attidavit addition to what is required by sub-section one of this section, the time (which must be within two calendar months), and the wrongful or fraudulent way or manner in which the pro- perty was taken or got out of his possession, and such facts and circumstances as show that the claimant is entitled to the possession of the property, and that an action of trespass would not be a complete or safe remedy. 38 V.c. 5,8. 4. V. The sheriff or other officer shall not serve a copy of the Sheriffnot to writ until he has replevied the property, or some part of it, if taitne has he cannot replevy the whole, in consequence of the defendant TPlevied. having eloigned the same out of his bailiwick, or because the same is not in the possession of the defendant or of any one for him ; and the writ shall be tested in the same manner as a Form ofami- writ of summons under the common law procedure Act of how served. England, and be returnable on the eighth day after the day of service thereof on the defendant personally, if he can be found, otherwise by leaving a copy at his usual or last place of abode, with his wife or some other grown-up person, being a member of‘his household, or an inmate of the place or house wherein the defendant usually resides or resided, or made or makes his home as aforesaid ; the writ may be in the form A to this Act. 38 V. c. 5,3. 5. VI. Before the sheriff or other officer shall be obliged to ex- The sherifr to ecute the writ, he shall, before he delivers the property to the teforenere- plaintiff, take a bond to himself in double the value of the pro- Bevied |g perty to be replevied, as stated in the writ (except otherwise and assign- ordered by a judg2 of the court), which bond shall be assigna- : ble to the defendant; and the bond and assignment thereof may be respectively in form B to this Act—the condition being varied to correspond with the writ ; and it shall contain a stipu- lation that if the plaintiff fails in his action, he shall pay the defendant such damages as he shall sustain by reason of the is- suing of the writ. 38 V.c. 5,5. 6. 588 Chap. 37. ADMINISTRATION OF JUSTICE. pevate, Pro; ~—--VIT. In case the sheriff or other officer has good reason to cealed, suspect and believe, and does bona jide suspect and believe, that the property to be replevied, or any part of it, is secured, contained or concealed in any dwelling house or other building, storehouse or enclosure of the defendant, or of any other per- son keeping or holding the same, and the sheriff or other offi- cer demands from the owner, occupier or person having charge of the premises aforesaid, deliverance of the property to be re- plevied, and in case the same be not delivered to him after such demand, he may, and, if necessary, shall, break open such house, building, storehouse or enclosure, and enter and search the same for the purpose of replevying such property ; and if found therein, shall make replevy of the same according to the exigency of the -writ in that behalf. 38 V.c. 5,8. 7. When writ to VIII. The sheriff or-other officer shall return the writ at or ezenarne’ before the return day thereof, and shall transmit or annex thereto : Ramerce. (1.) ‘The names of the sureties in, and the date of, the bond "taken from the plaintiff, and the name or names of the wit- nesses thereto, and the place: of residence of the sureties and the witness or witnesses, respectively ; And other (2.) The number, quantity and quality, and the value there- ma Ge according to the best of his judgment, ot the articles re- plevied ; and in case he has replevied only a portion of the property mentioned in the writ, and cannot replevy the residue by reason of the same having been eloigned out of his baili- wick by the defendant, or not being in the possession of the defendant, or of any other person for him, he shall state in his return the articles which he cannot replevy, and the reason why not. 38 V.c.5,s. 8. anteerved LX. In case the defendant has been duly served with a copy does not ap- of the writ and does not enter his appearance in the action cfappear- within the time therein required, the plaintiff may, on’ filing ae the writ and affidavit of due service, enter a common appear- ance for the defendant, which may be in the form C to this Act, and proceed thereon according to the practice in other actions ; and all subsequent proceedings and the law and prac- tice in respect thereof shall be according to the law and prac- * tice of the superior courts of common law in England. 38 V. c. 5,8. 9. Declaration X. The declaration shall in all cases conform to the writ, soar cont," and when the action is founded on a wrongful taking and de- tention, or a wrongful detention, a place certain need not be Other plead- stated ; but the defendant, if he justifies or avows the right to ima take or detain the property as a distress, or the same taken in or upon any place in respect of which the same might be liable to forfeiture, or for rent, or for damage feasant, or for any custom rate or duty, by reason of any law, usage or custom at the time when, existing and in force, he shall state in his plea ADMINISTRATION OF JUSTICE. Chap. 37. 589 of justification or avowry a place certain or other place at which such property was so distrained or taken, according to the practice in England ; and on a proper case being made, with- additional bond, a capias in withernam may issue, ,and, like proceedings thereunder and thereupon may be had and taken, a8 are had and taken in like cases in England; the said writ may be in the form D to this Act. 38 V.c. 5,s. 10. ATTACHMENT. XI. Any benefit, estate or interest in’ possession or other- What may be wise in orto any real estate or hereditaments at law or in when attach- equity, or any personal property, effects or credits, situate or ment may bemg in Manitoba, of a debtor or a person against whom there is a cause of action, may be attached for the payment of a debt or the satisfaction of a cause of action arising from legal liabil- iby, in the following cases : (a.) Whenever spch debtor or other person, being an inhabi- tant of this Province, shall depart therefrom with intent to defeat or defraud his creditors or those who have causes action against him, or to avoid being arrested or served with process, or shall keep himself concealed therein with the like intent ; or (b.) Whenever such debter, or other person, not being a re- sident of this Province, shall be indebted to a creditor, or legal- ly liable to a person as aforesaid, residing within this Province, either in respect of a contract express or implied, or in respect of any cause of action, made in this Province, or arising there- in, or in the case of a contract or other obligation, if made elsewhere, to be performed or partly performed or completed -in this Province, or liable to be compensated for in damages, or in respect of a cause of action which arose and for which he is liable to satisfy another person in this Province ; or (c.) Whenever any such debtor, or person as aforesaid, being a resident or non-resident of this Province, is about to remove or transfer any of his property, effects or credits from this Pro- vince, or has assigned, transferred, disposed of or secreted, or is about to assign, transfer, dispose of or secrete any of his real estate, hereditaments, or any interest in real estate therein, or any of his personal property, effects or credits with intent to delay, defeat or defraud creditors, or those who have causes of action against him. 38 V.c. 5,s. 11. XII. The words “debtor” and “creditor” in this Act-shall in- Words. “debt: clude persons against and to whom there are causes of action “creditor.” and shall include corporations both foreign and domestic ; and ? the debt, demand, damages or claim shall not be less than one hundred dollars. 38 V.c¢. 5,s. 11. XIII. The attachment may issue in any action during its May issue "ys ‘ ' during pend- pendency, as auxiliary thereto, or its issue may be the com-encyofac- mencement of an action ; but no attachment shall issue in any “°? 590 What the affi- davit shall state. Chap. 37. ADMINISTRATION OF JUSTICE. case except upon a judge’s order directing the issue of the same, upon the affidavit or affidavits of the creditor or other person who has a cause of action, his attorney, servant or agent or other persons, as provided in the next following sec- tion. 38 V.c. 5,38.11. ‘ XIV. The affidavit or affidavits of the creditor or other per- soa who has a cause of action, his attorney, agent or servant, or other persons, shall state : ‘ (1.) In all cases the cause of action and the sum claimed, and that the debtor, or other person, is justly and truly indebt- ed to the creditor, or is legally liable to him in damages in that sum after making all proper and just set-offs, allowances and discounts ; and in addition, (2.) In the case of an absconding or concealed debtor or per-- son, or person liable in damages, that the creditor, or other person as aforesaid, “his attorney, servant or agent or other “ person hath or have good reason to believe, and doth or ‘do: “ verily believe that the debtor, or other person liable as afore- “ said, hath departed from Manitoba, or keeps himself conceal- “ed within Manitoba, to avoid being arrested or served with ““ process, to delay, defeat or defraud his creditors ;” or Affidavit to (3.) In the case of a debtor or other person liable as afore-~ said not being a resident of this Province, “that the debtor or “ other person liable as aforesaid is not a resident of Manitoba “ and has not, to the knowledge of the deponent, any agent in “ this Province authorized to accept service of process for him, “ (showing how the cause of action arose, und that the same “ comes within the class of cuses mentioned in section eleven, “ sub-section one (b) of this Act) ;” or (4.) In cases coming within section eleven, sub-section 1 (c) of this Act, “ that the creditor or other person who has a cause “ of action,. his attorney, servant, or agent or other person “ hath reason to believe that the debtor or other person liable “as aforesaid, is about to remove or transfer his property, “ effects or credits, or some part thereof from this Province, or “has assigned, transferred, disposed of, or secreted, or is about “ to assign, transfer, dispose of or secrete his real estate, here- “ ditaments or his interest or estate therein,or some part there- “ of, or his personal property, effects or credits or some part “ thereof, to delay, defeat or defraud his creditors or other per- “sons aforesaid, (with such facts and circumstances as form “ the grounds of such belief).” 388 V.c. 5, 8. 12. XV. In all cases the affidavit or affidavits shall, if possible, show if possi- * oa * ble where the show where the debtor or other person liable as aforesaid, is at debtor is. the time of making the same ; and whether or not the debtor or other person liable as aforesaid is a corporation, and if so, whether domestic or foreign, and where its head or’chief office is, and who is or are its president, chairman, clerk or chief offi- ADMINISTRATION OF JUSTICE. Chap. 37. cer or officers ; and upon reading the said affidavit or affidavits a judge may, by an order, direct a writ of attachment to issue ; and in such order, if it be the commencement of an action, or if in an action commenced the defendant has not appeared, appoint a time for the debtor or other person liable as afore- said to put in an appearance, as the judge shall see fit, which time shall be regulated by the distance to the place from the city,of Winnipeg the debtor or other person is, or supposed to be, having due regard to the means of, and necessary time for, postal or other communication, with such terms and condi- tions and such other directions, if any, as the said judge may think proper; which said writ of attachment, in the case of its cept the judge shall so order, shall contain a summons to the debtor or other person, and may be in the following form : CANADA, Manitoba, {Viera ete. to wit: [L. 8] To the sheriff, ete. We command you that you attach, seize and safely keep all the real estate and personal property, credits and effects, to- gether with all the evidence of title, or debts, book and books or other accounts, vouchers and papers belonging thereto, or otherwise, of C. D., to secure and satisfy A. B. a certain debt, demand or claim of $ (the sum sworn tv) with his costs of action and to satisfy the debts, claims and demands of such other persons to whom C. D. may be liable for debt or dam- ages as shall duly place their writs of attachment in your hands or otherwise lawfully notify you of their claims and duly prosecute the same. (Omit from * to * where action is pending.) * And we also command you, the said C. D., that within days (the time named in the judge’s order in that behalf) after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in our court of Queen’s Bench, at Winnipeg, in an action to recover $ (the sum sworn to) at the suit of the said A. B.; and we require you, the said C. D., to take notice that your real estate and personal property, credits and effects in Manitoba have been attached at the suit of the said A. B; and that, in default of your putting in appearance as aforesaid, the said A. B. may, by leave of a judge, proceed therein to judgment and execution, and may sell the estate and property so attached.* , And we command you, the said sheriff, that, as soon as you shall have executed this writ, you do return the same, with o91 Order to be : Ae i : made on affi- being the commencement of an action, but not otherwise, ex- davit. attachment. 592 Chap. 37. ADMINISTRATION OF JUSTICE, the inventory and appraisement, of what you have attached thereunder. , Witness, etc. JH. Prothonotary. (Memorandum to be subscribed to writ—omitted when action is peading.) N.B.—This writ is to be served within six calendar months fiom the date thereof; or, if renewed, then from the date of such renewal, including the day of such date, and not after- wards. (Endorsement to be made on the writ, to be endorsed both when action is pending and when not.) This writ may be served out of Manitoba; and it is issued by E. F,, of, etc., attorney, etc, (ason a writ of summons un- der the common law procedure Act.) 38 V.c. 5.8. 13. Date of writ =X VI. Every such writ shall be dated on the day on which be served. it issued ; and, in case of its commencing an action, shall be in force for six months from its date; and it may be renewed for the purpose of effecting service on the defendant, in like man- ner as a writ of summons under the common law procedure Act. 38 Vie. 5,5. 14. Writte issue XVII. Every writ of attachment shall issue in duplicate, in duplicate. and shall be so marked by the clerk of the court, but the costs shall be only for a single writ ; and one writ shall be delivered to the sheriff, and the other shall be used for the purpose of effecting service on the defendant. 38 V.c. 5, s. 15. wipe person- XVIII. In case it be shown on affidavit that a copy of the writ of attachment was personally served on the defendant, or When defend: that reasonable efforts were made to effect such service, or that found. such writ came to his knowledge, or that he hath absconded in such a manner that after diligent inquiry no information can be obtained as to the place to which he hath fled, the court or @ judge, it the defendant has not appeared, may either require some further attempt to effect service, or may appoint .some act to be done, which shall be deemed good service, or allow good service from acts already done ; and thereupon (or on the first application, if the judge think fit) such judge may author- ize the plaintiff to proceed in the action in such manner and. subject to such conditions as the court or judge may direct or impose. 38 V.c. 5, 8. 16. Whatplaine = XIX. Before the plaintiff obtains judgment, he shall prove before he ob- the amount of the debt or damages claimed by him in such ADMINISTRATION OF JUSTICE. Chap. 37. 593 action, either before a jury or a judge on assessment, or other- eae wise as provided by law, or as a judge shall order, according to the nature of the case ; and no execution shall issue until the plaintiff, his attorney or agent, knowing the facts, shall make an affidavit of the sum justly and truly due to the plaintiff by’ the defendant, after giving the defendant credit for all pay- ments, set-offs and claims which might be set up or lawfully claimed by the defendant at the time of making such last men- tioned affidavit ; and the execution shall be indorsed to levy the sum so sworn to, with the taxed costs of the action, or the amount of the judgment entered, including the taxed costs, whichever is the smaller sum of the two. 38 V.c. 5, 3. 17. XX. The plaintiff may, at any time within six months from Concurrent the dateof the original writ,on proecipe, cause to be issued one or writs. more concurrent or duplicate original writ or writs for the pur- pose of effecting service on the defendant or defendants in the action and the costs of such last mentioned writs, if, on taxa- tion, their issue shall be found to have been necessary, shall be allowed to the plaintiff; but in all such cases the law society and the consolidated fund fees shall be paid when such writs issue. 38 V.c. 5,s. 18. XXI. The court or judge, at any time before or after final Judge may judgment, but before execution executed, upon a proper case ant at any made, accounting for delay and disclosing a good defence on execution. the merits, may, having regard to the time of the application ected. and other circumstances, let in the defendant to put in an ap- pearance and to defend the action on such terms as may seem just, or may reject'the application. 38 V.c. 5,8. 19. XXII. In the case of an absconding or concealed defendant, Pfect, of ap- the appearance, whether put in within the time limited by the ~~ writ or within such further time as the court or judge may order, shall entitle the defendant to plead, and the action shall vers as in ordinary cases begun by writ of summons. 38 .¢. 5,8. 20. XXIII. Upon the defendant so putting in an appearance, all After putting his property, credits and effects attached in that action (ex- property may cepting any which may have been disposed of as perishable, Hes aie but not excepting the net proceeds of the goods so disposed of, P&s stven. if disposed of) may, upon the order of the court, or a judge, made for that purpose, be restored and paid to him, unless there be some other lawful ground for the sheriff to withhold or detain the same : provided always, that before any such re- storation and payment shall take place, the defendant shall give security by bond or otherwise to the sheriff for the pay- ment of all claims against him, or so much thereof as shall be recovered in judgment. 38 V.¢. 5, s. 21. XXIV. All property, credits and effects, including all rights Whet may be E shalt Hes S seized under or shares in any association or corporation, of a debtor or other attachment, 38 594 Chap. 37. ADMINISTRATION OF JUSTICE. person as aforesaid, may be seized and taken under a writ of attachment in the same manner and to the same extent as they might be seized and taken under execution ; and the sheriff, upon the receipt of such writ, shall forthwith take into his charge or keeping all such property and effects according to the exigency of the writ ; and he shall be allowed all necessary disbursements for keeping the same ; and he shall immediately call to his assistance two substantial freeholders, with whose aid he shall make a just and true inventory of all the property, credits and effects, evidences of title or debts, books, book and other accounts, bills, bonds, notes, vouchers and papers that he has attached, and shall return such inventory, signed by him- self and the said freeholders, together with the writ of attach- ment. 38 V.c. 5, s, 22. Inthe case of XXYV. In case any horses, cattle, sheep, pigs, or any perish- orses, cattle, < perishable able goods or chattels, or such as from their nature would be Property. —_ likely to deteriorate in value and would be expensive or trouble- some to keep, shall be attached, the sheriff shall have the same appraised and valued on oath by two competent persons ; and » upon notice thereof given to the plaintiff, the plaintiff shall forthwith give to the sheriffa bond with two or more sureties, if the sheriff shall require the same, the sufficiency of which said bond shall be approved by the sheriff,in double the amount of the appraised value of the said articles, conditioned for payment to the defendant, his executors, administrators or assigns, of all damages and costs which may be sustained by the defendant by reason of the seizure and sale of the said articles, over and above the proceeds of the sale thereof, in case judgment be not obtained by the plaintiff against the defen- dant for substantially the sum claimed by the plaintiff against the defendant in the writ of attachment, then the sheriff shall, upon reasonable notice in that behalf, proceed to sell all or any of such enumerated articles at public auction to the highest ‘ bidder,and shall hold the proceeds of such sale for the same purposes as he would hold any property seized under the at- tachment. 38 V.c. 5, s. 23. If plaintiff XXVI. If the plaintiff, after notice to himself or to his does not se- : . eure the sher- attorney or agent of the seizure of any of the articles enumer- ienty weea ated in the next preceding section, neglects or refuses to deposit mentioned in such bond, or to give the sheriff such security as he shall re- Bection. quire in that behalf, then, after the lapse of four days next after such notice, the sheriff shall be relieved from all liability to such plaintiff.in respect of the retaining of the articles so seized ; and the sheriff may in his discretion either sell or forthwith restore the same to the person from whose possession he took such articles. 38 V.c. 5, s, 24. Properly or = XXVIJ. If the sheriff to whom a writ of attachment is hands of offi- directed for execution finds any property or effects, or the pro- founty “court ceeds of any property or effects which have been sold as per- uow to be ishable, belonging to the defendant named in such writ in the dealt ; = *y. hands or in the custody or keeping of any constable, bailiff, ADMINISTRATION OF JUSTICE. Chap., 37. clerk or other officer of any county court, by virtue of any writ or writs of attachment issued from any county court, such sheriff may demand and take all such property’ or effects, or the procdeds thereof, or any part thereof; and the officer so having the same or any part thereof shall, on notice of the writ of attachment to the sheriff, and on demand made by him, forthwith deliver all such property or effects, or if sold, the proceeds thereof, to the sheriff, upon penalty of forfeitiug double the value thereof, to be recovered by the sheriff with costs, and to‘be by him accounted for, after deducting his own costs (if any) as part of the property and effects of the defen- dant ; but the plaintiff or plaintiffs, who have duly sued out such writ or writs of attachment in the county court, may pro- ceed to judgment in the said county court according to the practice thereof ; and upon such plaintiff or plaintiffs deliver-* ing a memorandum of the judgment with the costs so recover- ed in the county court, under the hand of the clerk of such court to such sheriff, every such plaintiff shall be entitled to ‘have the same satisfied in like manner as, and in rateable pro- portion with, the other plaintiffs against the defendant, who obtain judgments in the court of Queen’s Bench as herein pro- vided. 38 V.c. 5,s. 25. XXVIII. The sheriff having made an inventory and ap- a praisement on the first writ of attachment, shall not make any su new or other inventory or appraisement, on any subsequent writ of attachment against the same defendant in respect of the same property. 38 V.c. 5,8. 26. 598 ventory on ficient. XXIX. The defendant may at any time before execution what may be is issued and executed apply to the court or a judge for a rule #9Pf by ‘de- nd-nt be- or order, claiming that the defendant was not a debtor or gub-foreexceution ject to the cause of action, liable to have an attachment issued against him, within the meaning of this Act ; and in the event of it appearing that the defendant was not so liable, the court or judge may, in such rule or order, declare what costs the de- fendant shall be entitled to and may order the same to be set- off against the judgment of the plaintiff,and may deprive the plaintiff of costs, or otherwise deal with the whole case. and order such rules, orders or writs to issue, as shall to the court or judge, appear,to be just. 38 V.c. 5,8. 27. executed. XXX. Any person who has commenced any action in any Where action court, the process whereof was served ov executed before thetmencad en suing out of the writ of attachment, notwithstanding the suing oe attach- ment sued out of the writ of attachment, may proceed to judgement and“. execution in his action in the usual manner, and if he obtains execution before any attaching creditor, and puts his execution first in the sheriff’s hands, he shall, without suinc out a..y writ of attachment, have the full advantave of the priority of execution in the same manner as if the “property and eflects of such defendant in attachment, still remained’ in his own hands and possession, and no writ of attachment had isened 596 Chap. 37. ADMINISTRATION OF JUSTICE, against him ; but, if the court or judge so orders, subject to the prior satisfaction of all costs of suing out and executing the writ of attachment. 38 V.c. 5,8. 28. fhauigient it | XX XI. In case it appears to the court or to any judge that may beset the judgment in the next preceding section named is fraudu- lent, or has been obtained in collusion with the defendant in attachment, or for the fraudulent purpose of defeating the just claims of his creditors, such court or judge may, on the appli- cation of any attaching plaintiff, set aside such judgment and any execution issued thereon, or otherwise deal with the same ‘as shall appear just. 38 V.c. 5, s. 29. fiffect ofno- = XXXII. In ease any notice in writing of the writ of attach-, attachment. ment has, by the sheriff or by or on behalf of the attaching plaintiff in such writ, been duly served upon any person owing any debt or demand to, or who has the custody or possession of any property or effects of, such attached defendant, and in case such person, after such notice, pays any such debt or de- mand or delivers over any such property or effects to such at- tached defendant, or to any one to his use or for his benefit, he shall be deemed to have done so fraudulently ; and if the at- taching plaintiff recovers judgment against the said attached defendant, and the property and effects seized by the sheriff are insufficient to satisfy such judgment, such person shall be liable for the amount of such debt or demand and all costs to the extent of double the value of ali such property or other the premises. 35 V.c. 5, s. 80. Peet XXXII. If after notice as aforesaid any person indebted to such attached defendant, or having the custody of his property as aforesaid, be sued for such debt or demand or property by such attached defendant or by his assignee after the date of the writ of attachment, he may, on affidavit, apply to the court or a judge to stay proceedings in the action against himself, until it be known that the property and effects so seized by the sheriff be sufficient to discharge vhe sum or sums recovered against him, and the court vr judge may make such rule or ordez in the matter as the court or judge thinks fit; and the judge, if necessary, may direct an issue to try any disputed question of fact in the premises. 38 V.c. 5,8. 31. . Incase pros = XXXIV. If real estate and personal property, credits and bd is insum- effects of such attached defendant, attached by any writ of at- gient to Pay, tachment as aforesaid; prove insufficient to satisfy the execu- the debi, tions obtained in the actions thereon against such attached may be taken defendant, the sheriff having the execution thereof, may, by debtors of the rule or order of the court or a judge to be granted on the ap- Spt plication of the plaintiff in any such case, bring an action for and recover from any person indebted to such debtor or person liable to the defendant in attachment, the debt, claim, property or right of action attachable under this Act and owing to and recoverable by such attached defendant, with costs; in which ADMINISTRATION OF JUSTICE, Chap. 37. 597 suit the defendant therein shall be at liberty to set up any de- fence which would have availed him against such attached de- fendant at the date of the writ of attachment ; and a recovery in such suit by the sheriff shall opérate as a discharge as against such attached defendant; and the sheriff shall hold the moneys recovered by him as part of the assets of such attached defen- dant, and shall apply them accordingly. 38 V.c. 5,5. 32. XXXV. The declaration in any such action by the sheriff fOum of shall contain an introductory averment to the effect following: “A. B,, sheriff of, ete, who sues under the provisions of the “ law respecting attached debtors; in order to recover from C. «7D. debtor to E. F., an attached debtor, the debt due (or “ other clavm according to the facts) to the said E. F. by the “said C. D., who has been summoned by a writ issued on the cree day of 18 by G. H. his attorney, “ eomplains, etc.” 38 V. ¢. 5,8. 33. XXXVI. The sheriff shall not be bound to bring an action nar penne. bo against any party as aforesaid, until the attaching plaintiff bringsuch gives to the sheriff such indemnity as to him shall be satisfac- security given tory, to secure him against costs, losses and expenses to be in- curred in the prosecution of such action, or to which he may become liable in consequence thereof; such indemnity may be by bond or otherwise as shall be satisfactory to the sheriff. 38 V.c. 5,8. 34. XXXVIL In the event of death, resignation or removal ae ees from office of any sheriff, after such action brought, the action abate. shall not abate but may be continued in the name of his suc- cessor to whom the benefit of the security so given shall inure as if he had all the time been the sheriff; and the suggestion of the necessary facts as to the change of the sheriff as plain- tiff shall be entered on the record. 38 V.c. 5, s. 35. XXXVIIT. When several persons sue out writs of attach. When several ments against a defendant in attachment the proceeds of the editors: pep property and effects attached in the sheriff’s hands shall be distributed rateably distributed among such of the attaching plaintiffs in ™*4>'y- such writs as shall in due course obtain judgment and sue out execution,in proportion to the sums actually due upon such judgments ; and the court or a judge may, on application, de- lay such distribution to give re :sonable time for the obtaining of judgments. 38 V.c. 5, 8.2%. . XXXIX. Every attaching : laintiff in the county court, who As to attach- shall produce to the sheriff a certified memorandum from any in'ne county clerk of any. county court of his judgment obtained in that court court against such defendant in attachment, shall be considered and treated as the other attaching plaintiffs in the court of Queen’s Bench, who have sued out and placed in the hands of the sheriff executions,as provided in the last preceding section. 38 V.c. 5, 8. 36, 598 ~. Chap. 37. ADMINISTRATION OF JUSTICE. ‘ Not jo share XL. In case the property and effects of such attached de- of execution fendant be insufficient to satisfy the sums due to the attaching sheriffs hands plaintiffs, unless a judge shall otherwise order, none shall be within six allowed to share, unless their writs of attachment were issued and placed in the hands of the sheriff for execution within six calendar months from the date of the first writ of attachment, or in the county court, unless the same were placed in the hands of the constable, bailiff or other officer of that court within the same six months. 38 V.c. 5,5, 38. Sherif may = XLII. Provided always, that it shall be competent for, and in restorethe the discretion of, the sheriff or other officer, in the case of any Peet seizure under a writ of attachment issued under this Act, forthwith to restore the property seized, or any part of it, to the possesssion of the party in whose possession it was seized, upon being fully indemnified by bond to him with two or more obligors to be approved of by him, conditioned for the payment ef double the appraised or reasonable value of the same property, or so much thereof as shall satisfy, in due course of law, the debts or damages which the attaching plain- tiffs may recover in judgment against the attached defendant, together with lawful costs, charges and expenses ; or by some good and available security satisfactory to the. sheriff to the same purport, intent and effect. 38 V.c. 5, s. 39. Afterone ie OUI. If, after the period of one month next following the overplus tobe return of any executton against the property and effects of any ‘attached defendant, or after a period of one month from a dis- tribution under the order of the court or a judge, whichever last happens, and of the satisfying the several plaintiffs entitled, there be no other writ of attachment or execution against the same property and effects in the hands of the sheriff, then all the property and effects of such attached defendant, or unap- propriated moneys, the proceeds of any part of such property and. effects, remaining in the hands of the sheriff, together with all books, book accounts, evidences of title or of debt, vouchers and papers whatsoever belonging thereto, shall be delivered to such attached defendant, or to the person or persons in whose custody the same were found, or to the authorized agent of such attached defendant ; and thereupon the responsibility of the sheriff in respect thereto shall determine. 38 V. c. 5, s. 40. ee an 3 XLII. In the court of Queen’s Bench any plaintiff, whose what may be claim is in judgment or in course of being put in judgment by garnisheed. : : : an action then pending, may, upon a proper case being made for that purpose, apply tothe court or a judge for an order that the defendant shall be orally examined before the court or a judge, or before the clerk of the court, or such other exam- iner as shall be named in any order, as to the circumstances of his contracting the debt or liability, and whether any and what other persons are jointly or severally indebted or liable to him, and as to any and what debts, obligations or liabilities are due, owing, payable, or are accruing and will be due or payable to him ; and on such examination, upon notice so to ADMINISTRATION OF JUSTICE. Chap. 37. do, the defendant shall produce all his books, papers and docu- ments, to the end that a full and complete discovery shall be made, in respect of his means and ability to satisfy the plain- tiff ; and such examination shall be conducted in the usual manner of oral examinations, either in the form of narrative or question and answer or both, and shall be by the person taking such examination reduced to writing and signed by the defen- dant. 38 V.c. 5,5. 41. XLIV. Upon the ea parte application of any such plaintiff, either before or after such oral examination, and upon the affi- davit of himself, his attorney, servant or agent, stating either that judgment has been recovered and that it is still unsatis- fied, and to what amount or extent, or that an action is pend- ing, the time of its commencement,and when judgment will likely be recovered, the nature of the cause of action and the actual or probable amount which will be recovered, and that the debt, claim or demand is justly due and owing to the plaintiff by the defendant after making all just discounts, and that some third person or corporation is indebted or liable to the defendant and is within the juridiction of the court, ac- cording to the provisions of this Act or otherwise, any judge may order that, all the said debts, obligations and liabilities mentioned in the next preceding section or in this section, owing or accruing to the defendant, shall be attached to an- swer the judgment of the plaintiff, recovered or to be recover- ed; and the garnishee in any such case may forthwith pay into court to the credit of the cause, which, if in full, shall to him be a full discharge of the demand ; andin cases where judg- ment has not been recovered, and until judgment has been recovered, the money made from any garnishee shall be paid into court to the credit of the cause, subject as to its applica- tion to the order of any judge ; subject to the provisions here- in contained, all the provisions of the English common law procedure Act, and any subsequent enactments to the fifteenth day of July, 1870, and the practice and procedure of the supe- rior courts of common law in England in respect of “gar- nisheeing” shall be applicable to garnishee proceedings in the court of Queen’s Bench in this Province; except asthe same may, in matters of practice and the forms of procedure, be already, or, from time to time, altered or varied by any statute of this Province, or by any general rules or orders of court in that behalf duly made. 38 V.c. 5,8. 42. INTERPLEADING. XLV. In case after declaration and before any plea, any de- fendant sued in the court of Queen’s Bench in any action of assumpsit, debt, detinue or trover, applies to such court or a judge thereof, and shows by affidavit or otherwise that he does not claim any interest’ in the subject matter of the suit, but that the right thereto is claimed or supposed to belong to some third party who has sued or is expected to sue for the 599 Mode of pro- coo ta garnish. When a party may apply for an inter- pleader order. 600: Chap. 37. ADMINISTRATION OF JUSTICE. same or claims the same, and that such defendant does not in” any manner collude with such third party, but is ready to bring into court or to pay or dispose of the subject matter of the action in such manner as the court or judge thereof may order, the court or judge may grant a rule or order, or sum-~ mons, calling upon such third party to appear and state the nature and particulars of his claim, and to maintain or relin- quish the same. 43 V.c. 11, s. 2. Progesdings * XLVI. The court or judge may, upon the return of such rule, order. ° order or summons, hear the allegations by affidavit or other- wise as shall seem expedient, as well of such third party as of the plaintiff, and in the meantime stay the proceedings in the action, and may finally order such third party to make himself defendant in the same or in some other, action, or to proceed to trial on a feigned issue or feigned issuas, and also direct which of the parties shall be plaintiff or defendant on such trial; or the judge may in a summary manner, by his order, dispose of the whole question. 43 V. c¢. 11, s. 3. Jury netics XLVII. Notice requiring an issue to be tried by a jury may tissues," be filed and served by the plaintiff with the i d by th er issues. e filed and served by the plaintiff wi e issue, and by the defendant within four days after the delivery of the issue by Form. the plaintiff: the notice may be in the form following: “The “ plaintiff, or one or more of them, or the defendant or one or “more of them, as the case may be) requires that the interplea- “ der issue herein be tried by a jury’—and a copy thereof shall be annexed to the record: provided always, that in all such cases it shall be ,competent for the court or judge, on ap- plication ex parte, or by summons, to strike out the jury no- tice and order trial by a judge, and if it shall seem expedient, to fix the day of trial. 43 V.c. 11,9. 4 Courtorjudge XUVIII. The court or judge may, upon the consent (or if he may finally a . Fi Are dispose or shall think proper without consent) of the plaintiff and such Pasi third party, determine and dispose of the merits of their claims in a summary manner, and make such other rules and orders therein as to costs and all other matters as shall appear just and reasonable. 43 V.c. 11, s. 5. Rule or order -XLIX. Any such order made by a single judge, not sitting cinded by in. open court, may be rescinded or altered by the court, in like as manner as other orders made by a single judge. 43 V.c. 11,. s. 6. qudgment to . The judgment in any such action or issue so directed by ‘the court or judge, and the decision of the court or judge in a summary manner, shall in all cases be final and conclusive upon the parties and all persons clajming by, from, or under them, unless order of judge be changed on appeal.’ 43 V. ¢. 1l,s. 7. ae pie to Ll. In case such third party being duly served with the rule appear. or order, or summons, does not appear to maintain or relinquish ADMINISTRATION OF JUSTICE. Chap. 37. 601 his claims, or neglects or refuses to comply with any rule or order made after appearance, the court or judge may declare him and alk persons claiming by, from, or under him, forever barred from prosecuting his claim against the original defen- dant, his executors or administrators, saving the right or claim of such third party against the plaintiff; and the. judge may make such order between the defendant and the plaintiff as to costs and other matters as shall appear just and reasonable. 43 V.c. 11,8. 8. LIT. In case of any such application to a judge, he may, at Matter may — any stage of the proceedings refer the matter to the court, full court. in which event the court shall hear and dispose thereof in the same manner as if the proceedings had been originally com- menced by rule of court in that behalf. 43 V.c. 11,8. 9. s ] is » In case of LITT. In case any claim is made to any goods or chattels, or In case of to any interest in any goods or chattels taken, or intended to goods taken in execution, be taken, under an attachment against an absconding or con- court on ap- cealed debtor, or in execution under any process issued by or puoauon oF under the authority of the court of Queen’s Bench, or to the erent peer proceeds or value thereof, or the proceeds or value of any lands mons and or ténements taken and sold under any such process by any °° person not being the person against whom such attachment or proceedings or execution issued, or by any landlord for rent, or by any second or subsequent judgment or execution creditor claiming priority over any previous judgement or-execution, process or proceedings, then, and in every such case, upon the application of the sheriff (or other officer) to whom the writ is directed, to the court of Queen’s Bench or any judge thereof, either before or after the return of such process, or before or after any action has been brought against such sheriff or other officer, the court or judge may by rule or order or summons call before the court or judge, as well the party who issued such process as the party making such claim, and may there- upon exercise, for the adjustment of such claim and the relief and protection of the sheriff or other officer, all or any of the powers and authorities hereinbefore contained ; and in case the claimant abandons his claim, may order him to pay the sheriff’s costs of the application, and may further require either or both of the parties to give security for the costs of the sheriff or other officer relating to such proceedings, and may order the money, which may form the subject of the claim, to be paid into court by the sheriff to await the result of the interpleader issue, and may make such other rules and orders as may ap- pear just according to the circumstances of the case. 43 V. c. 11, s. 11. LIV. In case the sheriff has more than one writ, at the suit ania por eeye . . . . 5 e@ ee or instance of different parties, against the same property, it tions, all may shall not be necessary for the sheriff to make separate applica- P° one appt tions on such writs or in each case ; but he may make one ap- Soe in= plication, and make all the parties who are execution creditors order. parties to the said application ; and the court or judge before 602 ‘ Chap. 37. ADMINISTRATION OF JUSTICE. whom the application is made may take such proceedings and make such order thereon and therein as if a separate applica- tion had been made upon and in respect of each writ. 48 V. e. 1}, 8.11. Capes of from LV. In case there are writs from one or more county courts several courts including the Queen’s Bench writ or writs against the same plication to goods and property, and whether at the suit or instance of the "same plaintiff or of different plaintiffs, the application for such interpleader may be made to the court of Queen’s Bench or to a judge thereof, and such court or judge may dispose of the whole matter as if all the writs against the goods and property had been issued from the court of Queen’s Bench ; and in case such proceedings have been commenced in the Queen’s Bench the county court or courts shall have no eognizance of. or juris- diction whatever in, the matter except the court or judge shall otherwise order. 43 V.c 11,5. 12. orferscs tos LVL. In any such case as in the two next preceding sections casesunder’ mentioned, the court of Queen’s Bench or judge thereof may sestions. | make such order with respect to staying proceedings on the several writs, or with respect to directing a sale of the goods or property in question, as may be necessary, and with respect to the final disposition or order to be made as to the goods or property or the proceeds thereof, and in ail other matters whatsoever as fully as if all the writs had been issued from the court of Queen’s Bench. 43 V.c. 11, s. 13. fiomary," LVIL. The costs of all such proceedings shall be in the dis- cretion of the court of Queen’s Bench or a judge thereof. 43 V.c 1l,s. 14 when an is’ LVIII. In case an issue is directed to be tried for the deter- the sheriff i i imi 4 : insytaxhis Mination of the adverse claim in respect of property seized or costs and = taken under a writ of attachment or execution, the sheriff or furoneach” other officer to whom such writ is directed, may tax the costs party,ete. incurred by him in consequence of such adverse claim, and may, when taxed, serve a copy of the allocatur of the same upon each of the parties to such issue, and the successful party upon the issue shall tax such costs among his costs of the cause, and apon the receipt thereof, shall pay over the same to the sheriff or other officer. 42 V.c.11,s. 15. aestispiets LIX. If, after the service of such allocatur, the party suc- the sheriff for ceeding upon the issue neglects or refuses to tax such costs, , the sheriff or other officer may obtain a rule or order of a judge in chambers, upon the successful party for payment of the same. 43 V.c 11, s. 16. promised who. LX. In case of any such proceeding being compromised be- stenle: te Sher tween the parties thereto, such costs of sheriff or other officer ’ shall be paid by the party, plaintiff or defendant, by whom the execution or attachment was sued out, or as a judge shall order. 43 V.c. 11,8. 17. ADMINISTRATION OF JUSTICE. Chap. 37. 603 LXI. Incase, after the seizure of any property under attach- i cee ment or in execution, an issue is directed, and the property are seized remains, pending the trial of the issue, in the custody may award of the sheriff or other officer who seized the same, the court or any judge thereof, at any time, may make an order for the payment to the sheriff or other officer of such sum for his ex- penses in and about the custody of the property as the court or judge deems reasonable; and the sheriff or other officer may, under very special circumstances, be ordered to have a lien on the property for such expenses. 43 V.c. 11, s. 18. LXIL. All rules, orders, matters and decisions, made or done eer be in pursuance hereof, except only the affidavits to be filed, may entered of re- together with the declaration in the cause, if any, be entered of record, with a note in the margin expressing the true date of such entering, and every such rule or order so entered shall have the torce and effect of a judgment. 43 V. c. 12,s. 19. LXIII. In case the cost adjudged be not paid within fifteen eeecuiion ta days after notice of the taxation and amount thereof given to sue the party ordered to pay the same, or to his agent or attorney, execution may issue therefor, tested and bearing date in like manner as other writs of execution, adapted to the case, toge- ther with the costs of theenteringof orderandallocatur. 43 V. ec. 11, s. 20. ! LXIV. The sheriff or other officer, executing any such writ Sherif?’s fees. shall be entitled to the same fees and no more as upon similar writs grounded upon a judgment of the court. 43 V.c.11,s. 21, LXV. Any common carrier or other bailee of goods and Bailes on. chattels, whether under special control or howsoever otherwise interplead on held by him, upon whom any claim is made for any goods or davits. chattels in the possession of such carrier or bailee by any one or more claimants, whether such claims have or have nota common origin, may apply either before, or at any time after action is brought by any such claimants respecting the said goods and chattels, upon affidavit, showing how the said goods and chattels came to his possession, or are under his control, the nature and extent of any lien which the said carrier or bailee has upon the said goods and chattels for services render- ed or money advanced thereon or both, ifany such claim exists, and the value or supposed value thereof, also showing who said claimants respectively are, and the nature, as far as said carrier or bailee knows of the claims respectively made to said goods, and that he, the said carrier or bailee has good reason to believe and does believe that if he delivers such goods to either ot the claimants he will be sued by the other or others of them, and that he does not collude with any or either of the parties claiming possession of said goods and chattels, may apply to a judge of the court of Queen’s Bench, for an order or summons calling upon all the parties respectively claiming the said goods 604 Chap. 37. ADMINISTRATION OF JUSTICE. and chattels to appear and state the nature and particulars of their respective claims upon oath or otherwise, and to maintain or relinquish the same. 43 V.c. 11, s. 22. : ; ae of LXVL. Theljudgein disposing of thesaidapplicationinthenext ge. ‘eve os . . preceding section,shall have and exercise all the powers given by this Act to a judge in interpleader matters. 43 V.c. 11, s. 22. une ang LXVITI. In case any such claimant being duly served with ww claimant . ' : served may the said order or summons, does not appear to maintain or re- bebarred. jinquish his claim or right, or refuses to comply with any or- der made after appearance, the said judge may declare him barred from making or prosecuting his claim against the said carrier or bailee, saving the right or claim of such party against the person or party to whom, under said order, said goods and chattels or the proceeds thereof may be delivered; and the said judge may make such order between the parties to the said application, as may scem just. 43 V.¢, 11, s. 23. Court provide XVIII. [t shall not be necessary, in order to entitle any tion of lien of such carrier or bailee to relief by way of interpleader, that he bari should abandon any lawful lien he may have upon the goods and, chattels, the subject of such application; and in disposing of said application, the judge, in case of any such lien, may make, such order respecting the satisfaction or payment there- of, and as to the relief asked and sought thereby, and as to costs of the parties and the payment thereof, as the right and justice of the case may require. 43 V.c. 11, 5. 24. sootons ntica- _.UXIX. The several clauses in this Act as to ordering of ble. feigned issues and directing who. shall be plaintiff and who defendant therein, the place and mode of trial, the effect of ‘judgment on any such issue, and otherwise not inconsistent with the hext three preceding sections, shall apply to proceed- ings had and taken thereunder. 43 V.c, 11, s. 25. Limitation. LXX. The provisions in this Act respecting interpleading, are limited to proceedings.in the court of Queen’s Bench and before the judges thereof. 43 V.c. 11, s. 26. Power of LXXI. Provided always, that for and notwithstanding any- are thing herein contained, a judge in chambers shall have power and authority, at any time, if he shall think fit so to do, on the return of any interpleeder order or summons, or in any stage of the proceedings thereof, forthwith or at any day he may appoint, summarily to hear, determine and finally dispose of any issues that may be thereupon raised ; and if he shall think it expedient so to do, in order to enable the parties or any of them to prepare for the hearing or trial thereof, to fix a future day at which such hearing or trial may take place, and may, from time to time, postpone such hearing or trial in whole or in part, as justice may seem to him to require, and may finally determine and dispose of all the matters in controversy ADMINISTRATION OF JUSTICE. Chap. 37. 605 ‘in respect of the same by his order in that behalf, subject to ap- peal to, and to be moved against in,the court of Queen’s Bench in term, as in the case of an ordinary judge’s order, on the ma- terials on which the ordet of the judge was based. 43 V.c.11, 8. 27. [IMPRISONMENT FOR DEBT. LXXIL. No writ of capius to arrest and hold to bail’shall fom rest. < be issued for a cause of action less than one hundred dollars, but such writ may be issued when the cause of action equals or exceeds that sum ; but no person shall be subject to arrest under any such writ, who, by reason of any privilege, usage or otherwise, is by law exempt therefrom; nor shall any person be liable to arrest for non-payment of costs, except by the spe- cial order of the court or a judge; and no married woman shall be liable to arrest or mesne or final process. 88 V. ¢. 5, 8. 43. i * LXXII. Subject to the exceptions aforesaid, in case any Who mey be party or plaintiff being a creditor of, or having a good cause of What and on action against, any person, by the affidavit of himself or some ing. other person, shows to the satisfaction of any judge that he has a good cause of action against any person to the amount of one hundred dollars and upwards, and such facts and circumstances as satisfy such judge that there is good and probable cause for believing, and that the deponent doth believe, that, unless such person be forthwith arrested, he will quit Manitoba with intent to defraud ‘the creditor, or the party having such good cause of action as aforesaid, in particular, or his creditors and the persons to whom he is liable generally (as the case may be), such judge may order such person so indebted or so liable as aforesaid to be held to bail for such sum as the judge thinks fit, to be named in the order ; and thereupon and upon filing such order, the creditor or party having the cause of action, within the time expressed in such order, but not afterwards, may take out a writ of capias and one or more concurrent writs in the Queen’s Bench against the person so indebted or liable as aforesaid ; and such order may be made as well after as be- fore the commencement of an action; and when no action is pending the said writ shall be a copias ad respondendum and shall be the commencement of the action. 38 V.c. 5,8. 44. LXXIV.. In equity, the writ ne exeat Provincia, shall be Wit ot arrest called a writ of arrest ; and no order shall be granted for such a writ except upon complying with the conditions mentioned in the next preceding section. 38 V.c. 5,8. 45. LXXV. In any suit for alimony instituted after this Act In alimony. takes effect, any judge may, in a proper case, order a writ of arrest to issue at any time after the bill is filed, and shall in the order fix the amount of bail to be given by the defendant in order to procure his discharge ; but such amount shall nc¢ 606 Chap. 37. ADMINISTRATION OF JUSTICE, exceed what may be considered sufficient to cover the amount of future alimony for two years, besides arrears and costs, but may be for less at the discretion of the judge. 38 V. c. 5,8. 46. Bailor secur- LXXVI. The bail or security required to be taken under a y required 5 a ia writ of ar- writ of arrest, shall merely be to the effect that the defendant ve arrested will perform and abide by the orders or decrees made or te be made in the suit, or will personally appear for the purposes 6f the suit at such times and places as the court or a judge may, from time to time, order, and will, in case he be- come liable by law to be committed to close custody, render himself (if so ordered) into the custody of the sheriff, as the court or a judge may direct. 38 V.c. 5,s. 47. Capias ad eatic- LXXVIT. After final judgment has been obtained against fecucatter any defendant as aforesaid, a capias ad satisfaciendum may final judg- issue upon a judge’s order, which may be made on its being made to appear, either that thereby the judgment plaintiff will likely realize and make his debt, or that the judgment defen- dant hath parted with his property, or made some secret or fraudulent conveyance or disposition thereof, in order to pre- vent its being taken in execution, or hath otherwise acted fraudulently in or about the premises. 38 V.c. 5, s. 48. In cases 4, UXXVILT. For the purpose of enforcing payment of any is ordered to Money, or of any costs, charges or expenses payable by any wea decree or order in equity, or any rule or order of a court or of a judge, at law, the person to receive payment, in the case of : the payment of money into court, or to any person, having the carriage of a decree or order, shall be deemed the plaintiff and be entitled to writs of fiert facias and venditiont exponas, respectively, against the property of the person whose duty it is to pay the money aforesaid, and the said decrees and orders in equity, and the said rules ard orders at law, whether of the court or of a judge, shall, when filed and docketed, constitute a judgment, and shall have all ‘the force and effect of judgments at law; and writs thereon may issue, and all proceedings thereunder be haa and taken that might be had and taken on a judgment recovered in the ordinary way at law: provided always, that only half the ordinary fees shall be charged for the entry of such judgments: in any suit or action in which any Verdict is rendered for any debt or damages; such verdict shall bear interest from the time of the rendering thereof, to the extent thereof that the judg- ment shall afterwards be entered thereon, or liable to be enter- ed thereon, in favor of the party or person-who obtained such verdict, notwithstanding the entry of judgment may be sus- pended by the operation of any rule or order of court made in the cause, or however otherwise. 38 V.c. 5,s. 49. | Proceedings LXXIX. The sheriff on arresting a defendant on a capias ad 4 we : . - on arrest un- respondendum, at the commencement of an action, or on a fonaum on?” capias in an action already commenced by mesne process, may ADMINISTRATION OF JUSTICE. Chap. 37. 604 forthwith take from the defendant a bond, with two or more“? sufficient sureties, if deemed necessary, in double the amount of the debt or damages endorsed on the writ (which said sure- ties shall, if the sheriff shall require it, justify in proper form), conditioned that the defendant will, if necessary, enter appear- ance to the action and obey all notices, orders of a judge, or tules of court touching or concerning him, or his answering interrogatories, or appearingand submitting to a viva voce exa- mination under oath in respect of his estate, property, effects and credits, and the circumstances under which he contracted the debt or incurred the liability, or touching his returning and being remanded into close custody, and that, upon reason- able notice to the sureties or any of them, requiring them so to do, they will produce the defendant to the sheriff, and that the defendant will, within thirty days, cause the same bond, or bail piece substituted therefor, to be allowed by the clerk of the court or by a judge; and for this last mentioned purpose, the sheriff, when requested so to do, shall produce the said bond before the clerk or a judge; and upon such allowance being so endorsed, or upon the substituted bond or bail piece being allowed, the responsibility of the said sheriff in respect of the said defendant in respect of his said arrest and custody, shall cease ; and the defendant, if in close custody, shall be per- mitted to go out of such custody; the allowance of the bond or bail piece isto be made and done on notice to the plaintiff or his attorney in the usual way, and according to the practice in that behalf. 38 V.c. 5, s. 50. LXXX. Upon breach of the condition of any such bond to In case of the sheriff, and before the perfecting and allowance of the same pond the sher- or some other bond, bail piece or bonds in lieu thereof, the ot ag. sheriff shall, on request of the plaintiff, assign the same to the plaintiff, his executors administrators and assions, who may, in his own name or their own names, bring an action thereon ; and upon executing such assignment and acceptance thereof by the plaintiff, the sheriff shall thenceforth be discharged from all liability in respect of the defendant and his custody in respect of his said arrest. 38 V.c. 5,8. 51, LXXXI. Any plaintiff at whose suit such defendant is on When. debtor bail, may at any time file and serve on him or on his attorney Pogetories interrogatories to be answered under oath by such defendant, ™Y be Med. and in case such defendant neglects or omits, for the space of fifteen days next after thé service thereof, to answer such in- terrogatories in writing under oath, fully and satisfactorily, and file and serve the same, the court or a judge, on application, may make a rule or order that such defendant shall be com- mitted to close custody ; and the sheriff, on being served with a copy of such rule or order, shall forthwith take such defen- ‘dant and re-commit him to close custody ; and he shall remain imprisoued until he obtains a rule of court or a judge’s order for his enlargement on satisfactorily answering the said in- terrogatories, or otherwise obtains his enlargement or discharge by due course of law. 38 V.¢. 5,8. 52. 608 Chap. 37. ADMINISTRATION OF JUSTICE. EXECUTIONS. et node URAL, A. judgment plaintiff may, at one and the same and lands at time, have executions both against the goods and lands of a Sametime. - i ; ‘ judgment defendant in every case of a judgment; and these writs may issue notwithstanding the judgment defendant may be undec arrest, on bail or in close custody ; but if the judg- ment debt is made on the execution against goods, no costs, except actual disbursements, shall be allowed for or upon the se execution against lands. 38 V.¢. 5, s. 53. oben’? UXXXUI. No lands shall be sold on any writ of execution until oneyear against lands except the same be issued out of the court of against lands Queen’s Bench, and until one year after the said writ has been oe tne, Bands issued and placed in the hands of the sheriff, and until the and what in- lands to be sold under it are once advertised for sale in the lands may be Official Gazette of Manitoba at least three months prior to ae such sale, and in the weekly issue, in some newspaper pub- lished in Winnipeg, for three issues next preceding such sale, besides being posted up in the office of the sheriff; the fore- going conditions being complied with, the sheriff may, at and after the expiration of one year from the time he shall so re- ceive any writ of execution issued out of the court of Queen’s Bench against the lands of any judgment defendant, sell the same by public auction to the highest bidder, and when sold. convey the same to the purchaser thereof, who shall thereby acquire all the estate and interest, right and title whatsoever, both at law and in equity or otherwise howsoever, whether in possession, in reversion, remainder or expectancy, of the» judgment defendant in and to the lands so sold and conveyed as aforesaid, any law, statute, usage or custom to the contrary notwithstanding: provided always, that no such sale of lands shall take place unless the actual debt or damage in judgment is or are forty dollars ov upwards: provided further, and it is hereby declared and enacted, that no. such writ of execution shall require to be renewed, nor shall it expire until the exe- cution and return thereof; and under it, immediately upon its receipt by the sheriff, shall be bound, and after the expiration of the time aforesaid, may be sold and conveyed, all or any lands, tenements hereditaments of the judgment defendant, whosoever the same may be in this Province, both equitable and legal, and all his estate, right, title and interest therein of what nature and kind soever, including a contingent, an exe- cutory and a future interest, and a possibility coupled with an interest, in and to any lands, whether the object of the gift or limitation of such interest or possibility be or be not ascertain- ed; also a right of entry, whether immediate or future, and whethei vested or contingent, into and upon any land; and immediately upon any judgment being entered in the Queen’s Bench a certificate or certificates of such judgment, in such form as the prothonotary shall prescribe, and signed by hin under the seal of the court, may be recorded in any and all the registry offices for the registration divisions of this Province; ad, from the time of the recording of the same, the said judg- ADMINISTRATION OF JUSTICE. Chap. 37. 609 ment shall bind and form a lien and charge on all the estate and interest aforesaid in the lands of the judgment defendant in the several registration divisions in the registry offices of which such certificate is recorded, the same as though charged in writing by the defendant under his hand and seal; and after the recording of such certificate the judgment plaintiff may,if he shall elect to do so, forthwith proceed in equity upon the lien and charge thereby created. 38 V.c. 5, 8, 54, LXXXIV. Provided always, that in all cases in which exe- Pager esccae cutions are issued against personal and real estate, the sheriff property to or other officer shall sell first the personal property, and if the poauyate ot? product of the sale is not sufficient to satisfy the amount of the judgment and costs, he may sell the real estate, or such sufficient part of it as may be necessary to satisfy the exigency of the writ of execution and all costs. 34 V.¢ 16, 8.1. EXEMPTIONS FROM SEIZURE. LXXXV. The following personal and real estate are hereby Exemptions declared free from seizure by virtue of all writs of execution “°™ *°!7"7* issued by any court in this Province, namely : (1.) The bed, the bedding and bedsteads in the common use Bedding. of the defendant and his family ; (2.) The necessary and ordinary clothing of the defendant ciotning. * and his family ; ® (3.) A stove with its pipe, a table, the necessary and ordin- Tools ana ary kitchen utensils and table crockery belonging to the defen- ™?*"s- dant and his family ; a spinning wheel, a weaver’s loom, the books of a professional man, one axe, one saw, one gun, six traps, the nets and seines used by the defendant ; (4.) The necessary food for the defendant's family during Fooa, thirty days; , : : (5.) One cow, two oxen, one horse, four sheep, two pigs, and Cattle, the food for the same for thirty days ; (6.) The tools and necessaries used by the defendant in the Mechanics practice of his trade or profession, to the value of one hundred ‘°°! dollars, if the defendant is a mechanic, but up to the value of two hundred dollars, if the defendant is a farmer or a profes- sional man ; (7.) The articles ‘and furniture necessary to the performance artigles of ef religious services ;. church use, (8.) The land cultivated by the defendant, provided the ex- 160 acres of tent AL the same be not more than one hundred and sixty ‘#2 9 610. Chap. 37. ADMINISTRATION OF JUSTICE. acres ; in case it be more, the surplus may be sold, subject to any lien or incumbrance thereon ; House, stable, (9.) The house, stables, barns and fences on the defendant's barns, ete. farm, subject, however, as aforesaid. 34 V.c. 16,s. 2. Debs LXXXVI_. The defendant shall be entitled to a choice from "the greater quantity of the same kind of articles which are hereby exempted from seizure. 34 V.c. 16, 8.3. Validity of LXXXVII. Marriage contracts executed anywhere, and judg- marriage con- : 6 : tracts and ments granting separation as to property, séparation de biens, judgments o. rendered by any court of competent jurisdiction in any of the ‘Provinces of the Dominion of Canada outside this Province, and stipulating separation as to property between the consorts, shall be valid, provided that such contracts shall have been duly registered in the registry office of the registration division wherein the consorts reside, within.six months after the arrival of the consorts within this Province. 34 V.c.16,s. 4 separation. Cases in LXXXVIILI. Nothing herein contained shall be construed to Sees exempt from seizure any article, the price of which is sued for from seizure. and judgment recovered therefor, and execution thereon issued, mentioned in sub-sections numbers 3, 5, 6 and 7 of the eighty- fifth section of this Act. 34 V.¢. 16,5. 5. In cases of LXXXIX. Any school or other taxes may be recovered and oe may be levied on any of the defendant’s real or personal pro- perty, excepting therefrom that mentioned in sub-sections 1, 2, 5,6 and 7 of the ejghty-fifth section of this Act. 34 V.« 19, s. 16. , ENLARGEMENT OF DEFENDANTS. Examination XO. In case any judgment defendant in close custody or of debtor ar out on bail, gives to the judgment plaintiff, his attorney or agent notice in writing that he will, ten days from the day of the service of such notice, or so soon thereafter as the applica- tion can be heard, apply to a judge in chambeys to be dis- charged from custody, the judgment plaintiff or his attorney may,,in the meantime, file and serve interrogatories for the purpose of discovering any property, effects or credits which such judgment defendant may be possessed of or interested in or entitled to, or which may be in the possession or under the control of some person for the use or benefit of such judgment. defendant, or which such judgment defendant having been in the possession of or having had the control of, may have frau- dulently transferred or disposed of to prevent the same going towards the payment of the judgment plaintiff or other credi- » tors, and touching such judgment defendant’s estate and effects and the circumstances under which he contracted the debt or incurred the liability for which the said judgment has been re- covered, and as to the means and expectations he then had, and as to the means and property he still has of paying the ’ ADMINISTRATION OF JUSTICE, Chap. 37. said judgment debt, and as to the disposal he may have made of any of his property ; or the judgment plaintiff may, at his option, cause such judgment defendant to be examined viva voce upon oath before the clerk of the court or a judge, or some other person to be appointed in that behalf, upon and touch- ing all and singular the matters aforesaid ; and if in close cus- tody the gaoler shall, on notice to be given in that behalf, bring up the judgment defendant for such examination, or if out on bail, on like notice to be given him or his attorney, such judgment defendant shall appear and submit himself to such examination. 38 V.c. 5, s. 55. XCL.. Upon or after the expiration of ten days, and upon proof of the notice in the next preceding section mentioned, 611 Affidavit of debtor to be made before and upon the judgment defendant making oath by affidavit bis Ulscharee. that he is not worth twenty dollars, exclusive of his necessary wearing apparel, the bed or bedding of such defendant, and one stove and cooking utensils, and tools and implements of his trade, not exceeding in value altogether sixty dollars, and that he hath answered all interrogatories filed and served by the judgment plaintiff (or if no interrogatories have been filed and served), that he hath not been served with any interrogatories, and that he hath submitted himself to examination viva voce upon oath, and true answer made to all questiohs put to him (if such be the fact) such judgment defendant may move the court or a judge fora rule or summons upon the judgment plaintiff to show cause why he should not be discharged ; and upon the retarn of such rule or summons, and proof of the ser- vice thereof, and upon hearing read any interrogatoiies or ex- aminations taken, and upon hearing the judgment plaintiff, if: he attend, and the judgment defendant or his attorney or agent. the court or judge may make such rule or order as shall seem just and proper ; and if the account given of the several inat- ters mentioned in the ninetieth section of this Act appears to be satisfactory, the judgment defendant may be discharged from close custody, or from his bail piece or bail bond, if out of close custody : provided always, that, on the return of any such rule or summons, the court or judge may direct the filing of further interrogatories, or the further examination, before the rule or summons shall be finally disposed of; and provided further, that in finally disposing of the said rule or summons the court or judge may make it a condition of the judement defendant’s discharge, that he shall fist, by an assignment or conveyance, which shall be approved of by the court ora judge assign and convey to the judgment plaintiff any debt, or inter- est which-he may haye or be presumed to have in any proper- ty, real or personal, debts, credits and effects, other than the wearing apparel, bedding, stove, cooking utensils, tools and implements of trade, as aforesaid, upon trust for the satisfac- tion of his judgment. 38 V.c. 5, s. 56. XCIL. In case any defendant shall be arrested at the suit of Creditor to ‘judgment any plaintiff, it shall be the duty of such plaintiff to proceed toPreceedito 612 Chap. 37. ADMINISTRATION OF JUSTICE. , withoubdetay judgment, and to charge such defendant in execution with all debtor. reasonable despatch, any law, usage or custom, contrary not- withstanding. 41 V.¢. 8,5, 1. If creditor XCIIL. In case any such plaintitt shall not so proceed as re- ceed, debtor quired in the next preceding section, or in case any defendant foreniees. arrested at the suit of any plaintiff shall, fo. want of bail, be ment. in close custody, it shall be lawful for any such defendant to apply for his enlargement, under and subject to the provisions of sections ninety and ninety-one of this Act ; and there- upon the court or any judge may enlarge such defendant, either on his own recognizance, and upon such terms and con- ditions as shall, under the circumstances disclosed, appear pro- per and just, or absolutely discharge him from custody, as pro- vided in the said sections in respect of a judgement defendant. 41 V.e 8,5. 2. If discharge XOIV. If such judgment defendant, or other defendant as epraned ana aforesaid, shall obtain: his discharge through fraud and perjury, thedebtor he shall, on such being made to appear to the satisfaction of y be re- : qi : arrested. the court or a judge, be ordered to be re-arrested and re-com- mitted to close custody, and shall be re-arrested and re-com- mitted accordingly. 38 V.c. 5, s. 57. : FRAUDULENT PREFERENCES. Fraudulent CXYV. In case any person being at the time in insolvent cir- preference ~~ cumstances, or unable to pay his debts in full or knowing him- self to be, or in fact being on the eve of insolvency, voluntary or by collusion with a ereditor or creditors, gives a confession of judgment, cognovit actionem or warrant of attorney to con- fess judgment, with intent in giving such confession, cognovit actionem or warrant of attorney to confess judgment, to hinder, defeat or.delay his creditors wholly or in part, or with the in- tent thereby to give one or more of the creditors of such person a preference or priority over his other creditors, or ove: any one or more of such creditors, every such confession, cognovit actionem or warrant of attorney to confess judgment, shall be deemed and taken to be null and void against the other credi- tors of the person given the same, and shall be invalid and in- effectual to support any judgment or writ of execution. 38 V. c. 5,8. 58. Fraudulent XCVI_ In case any person being at the time in insolvent cir- oth neon cumstances, or unable to pay his debts in full, or knowing him- void. self to be, or in fact being on the eve of insolvency, makes or causes to be made any gift, conveyance, assignment or transfer of any of his goods, chattels or effects, or delivers or makes over any bills, bonds, notes or other securities of property, with - intent to hinder, defeat or delay the creditors of such person, ‘ or any of them, or with intent of giving one or more of the , creditors of such person a preference or priority over his other _ ereditors, or over any one or more of them, every such gift ADMINISTRATION OF JUSTICE, Chap. 37. 613 conveyance, assignment, transfer or delivery shall be null and void as against the creditor of such person ; but nothing in this section contained shall invalidate or make void any deed of assignment made and executed by any debtor for the purpose of paying and satisfying rateably and proportionably, and with- out preference or priority, all the creditors of such debtor their just debts; and nothing in this section contained shall invali- ’ date or make void any bona fide sale of goods in the ordinary course of trade or calling to innocent purchasers. 38 V.c.5, 8s, 59. XC'VII. Any person who shall destroy, alter, mutilate or Fraudulent falsify any of his books, papers, writings or securities, or who or fraudulent shall make or be privy to the making of any false or fraudu- 277 E43 im. lent entry in any book of account or other document, with in- prisonment. tent to defraud his creditors, or any one or more of them, shall on conviction thereof be imprisoned in the common gaol at hard labor for any period not exceeding six calendar months. 38 V.c. 5, s. 60. XCVIIL Any person who shall make or cause to be made any fraudu- any gift, conveyance, assignment, sale, transfer, or delivery of lentgit. te. any of his lands, heriditaments, goods, chattels, credits cr ef- to ann nete fects, or who shall remove, conceal or dispose of any of his fine. goods, chattels, property, effects or credits of any description, with intent to hinder, defeat, delay or defraud his creditors or any of them, and any person who shall receive any of such property, real or personal, with such intent, shalt on conviction thereof be imprisoned in the common gaol at hard labor for any period not exceeding twelve calendar months, and may in the discretion of the court, in addition to such imprisonment be fined in any sum not exceeding eight hundred dollars. 38 V.c. 5,8. 61° ASSIGNMENT OF CHOSES IN ACTION. XCIX. Every dekt and any chose in action arising out of pept arising contract, shall be assignable at law by any form of writing putot Soasipas which shall contain apt words in that behalf but subject to abie at law. such conditions or restrictions in respect of the right of trans- fer as may appertain to the original debt or as may be connect- ed with or be contained in the original contract ; and the as- signee thereof may sue in equity or bring an action at law thereon in his own name as tle party might to whom the debt was originally owing, or to 1. 1om the right of action originally arose: or he may proceed in respect of the same as though this Act had not been passed. 3% V.¢. 11,5. 1. C. The term “assignee” in the next preceding section shall assignee, include any person now being, or hereafter becoming entitled ™¢#!22 of. to any first or subsequent assignment or transfer, or any deri- _ vative or other title to a debt or chose in action, and possessing at the time of the action or suit is brought, the whole and en- * 614 Chap. 37. ADMINISTRATION OF JUSTICE. ‘tire beneficial interest therein and the right to receive the sub- ject or proceeds thereof, and to give effectual discharge there- for. 38 V.c. 11,8. 2. Paclaraiian CI. The plaintiff in any action or suit for the recovery of the ’ subject of any assignment made in conformity with the two next preceding sections, shall, in his declaration or statement of claim, set forth briefly the chain of assignments, showing how he claims title ; but in all other respeets the pleadings and proceedings may be the same asif the action were brought in the name of the original creditor or of the person to whom the cause of action accrued. 38 V.c. 11, s. 3. Assignment 4 i i i ganiepees CIL In case of any assignment of a debt or chose in action defences and arising out of contract, and not assignable by delivery, such set-offs to : : . apply asbe- assignment shall be subject to any defences or set-off, in respect and asuenes of the whole or any part of such debt or chose in action aris- ing out of contract, existing at the time of the notice of assign- ment to the debtor or person sought to be made liable, in the same manner and to the same extent, as such defences or set- off would be effectual, in case there had been no assignment thereof; and such defences or set-off shall apply as between the debtor and any assignee of such debt or chose in action arising out of contract. 38 V.c. 11,s. 4 Assigneeto = CITI. In case of any assignment made in conformity with joy, on notice the provisions hereof, and notice thereof given to the debtor or of assignment . 5 . ei given to person liable in respect of the subject of such assignment, the oe assignee shall have, hold and enjoy the same, free from any claims, defences or equities, which may have arisen subsequent to such notice, by any act of the assignor or otherwise. 38 V. c. 11,8. 5. - Bonds or de- CIV. The bonds or debentures of corporations made payable entures i transferred to bearer, or any person named therein or bearer, may be aiden ae transferred by delivery alone ; and such transfer shall vest the bring suit. property in such bonds or debentures in the transferee or in the holder thereof; and any such holder may bring any action or suit on or in respect of any such bonds or debentures in his own name. 38 V.c. 11,3. 6. Construction. CV, The provisions of the next preceding six sections shall ‘ not be construed to apply to bills of exchange or promissory notes, or instruments which are negotiable, or in respect of which the property therein passes by mere delivery. 38 V. ¢. 11, 8.7. Forms. CVI. The following are the forms referred to in sections five, six, nine and ten of this Act: ‘ . ADMINISTRATION OF JUSTICE. Chap. 37. FORM A.—See section 5. WRIT OF REPLEVIN. Manitoba : Victoria, by the grace of God, of the United Kingdom of (or county of as Great Britain and Ireland, the case may be.) _ Queen, Defender of the Faith. To the sheriff (here insert the name of the sheriff or other offi- cer), Greeting : We command you that, without delay, you cause to be re- plevied to A. B. his goods, chattels and personal property fol- lowing, that is to say: (here set up the description of property as in the affidavit filed,) which the said A. B. allzges to be of the value of , and which C. D. hath taken and unjustly detains (or unjustly detains, as the case may be), as it is said, in order that the said A. B. may have his just re- medy in that behalf; And that you summon the said C. D. to appear before us in our court of Queen’s Bench at Winnipeg, within eight days after service of a copy of this writ upon the said C. D., to answer to the said A. B. ina plea of unjustly detaining (as the case may be) his goods, chattels and personal property aforesaid ; : And what you shall do in the premises, make appear to us in our said court on the day and at the place aforesaid ; And have there and then the writ. Witness the Honorable Edmund Burke Wood, chief justice: of our said court, at Winnipeg, this day of one thousand eight hundred and seventy and : (Signature of clerk.) This writ is to continue in force for two months from the teste hereof, and no longer. FORM B.—WSee section 6. REPLEVIN BOND. Know all’men by these presents, that we, A. B., of W. G., of and J. 5S. ot are jointly and severally held and firmly bound to W. P., Esquire, sheriff of the (or to E. F,, clerk of the county court of as the case may be,) in the sum of , of lawful money of Canada, to be paid to the said sheriff or his certain at- torney, executors, administrators or assigns, for which payment / 61 5 ~ 2 &16 Chap. 37. ADMINISTRATION OF JUSTICE. to be well and truly made we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors, and administrators, tirmly by these presents, sealed with our seals. : Dated this day of one thousand eight hundred and The condition of this obligation is such, that if the above bounden A.B. do prosecute his suit with effect and without delay against C. D. for the taking and unjustly detaining (or unjustly detaining, as the case may be) of his cattle, goods and chattels, to wit : (here set forth the property distrained, taken or detained) and do make return of the said property, if a re- turn thereof be adjudged, and if the plaintiff fails in his action, do and shall pay the defendant such damages as he shall sus- tain by reason of the issuing of the said writ, then this obliga- tion shall be void, or else remains in full force and virtue. Sealed and delivered ) in the presence of § FORM B.—See section 6. ASSIGNMENT OF REPLEVIN BOND. Know all men by these presents, that. I, W. P., Esquire, sheriff of have at the request of the within named C.D., the avowant (or person making cognizance) this cause assigned over this replevin bond unto the said C.D., pursuant to the statute in such case made and provided. In Witness whereof, I have hereunto set my hand and seal of office, this day of one thousand eight hun- dred and Signed, sealed and delivered in the \ presence of FORM C.—See section 9. APPEARANCE FOR DEFENDANT. A. B., In the plaintiff, Us. E. F., attorney for the plaintiff, appears C.D, | for the defendant according to the statute. defendant. J Dated this day of 187 EF. \ plaintiff's attorney. ADMINISTRATION OF JUSTICE. Chap. 37. FORM D.—See section 10. WRIT IN WITHERNAM. Manitoba : Victoria, by the Grace of God, (or county of t ete. to wit: To the sheriff of (or other officer, us the case muy be). Greeting : Whereas we lately commanded you, that'without delay you should cause to be replevied to A.B., his goods, chattels and personal property, to wit, etc., (setting out the description of the property) which C. D. had taken and unjustly detained (or unjustly detained) as it was said, according to our writ to you afore directed, and that you should make appear to us in our court of Queen’s Bench at Winnipeg, on the day of , what you had done in the premises ; and you at that day returned to us that the goods, chattels and personal property aforesaid, were eloigned by the said C.D. out of your bailiwick to places to you un- known, so that you could in no wise replevy the same to the said A.B. ; Therefore, we command you, that you take in withernam the goods, chattels and personal property of the said, C.D. in your bailiwick, to the value of the goods, chattels and per- sonal property by him the said C.D. before taken, and deliver them to the said A.B. to be kept by him until the said C.D. deliver the goods, chattels and personal property last aforesaid to the said A.B.; and in what manner you shall have executed this our writ make appear to us immediately after execution thereof that we may cause to be further done thereupon what of right and according to the laws of Manitoba we shall see meet to bedone. We also command you that if the said A.B. shall make you secure of prosecuting his claims, and of returning the goods, chattels and personal property to be by you taken in withernam as ‘aforesaid, if a return thereof shall be adjudged then that you put by gages and safe pledges the said C.D. that he be before us, at the time last aforesaid,to answer to the said A.B. of the taking and unjustly detaining of his goods, chattels and personal property aforesaid, and have then there this writ. Witness 38 V.c. 5,8. 71. 617 618 Preamble. Interpreta- tion. Partition of lands, how to eo made. Parties en- titled to estate may be compelied to make par- tition. Chap. 38. PARTITION GF REAL ESTATE. CHAPTER XXXVIII. An Act respecting the partition of real estate. Interpretation, s. 1. Partition of lands, how to be made, s. Parties entitled toestate may becom- pelled to make partition, s. 3. eile to be instituted in court of Q. B., 8. 4. Persons interested may file bill of com- plaint, s. 5. How to be entitled, s. 6. Parties filing bill of complaint fully to describe lands, 8. 7. When infant or minor _ interested, court may appoint guardian, s. 8. Every guardian so appointed to exe- cute bond, s. 9. Guardian may be subject to process tor disobedience of order, s. 9. Act of guardian shall be binding on infant, s. 10. Persons having a lien on land may not be a party to proceedings, s. ll. Where parties interested ‘are un- known; copy of bill, etc., to be serv- ed on all parties interested, s. 12. Court may order substitutional serv- ice, a publication in Manitoba Gazette, s. 18. When answers not filed, bill may be taken pro confesso, and case may be On hearing, parties shall establish thele respective titles to the lands, s. Court may employ a surveyor to as- sist in AE pestigniie the several shares, s. 16. Report may be accepted or sent back, ‘sg Decree of the court shall be binding, s. 18. But decree’ shall not effect any tenant for life, s. 19. 3 . Deed executed by master Shall be valid and binding, s. 20. Any sale under.Act to be as effectual Ae of any person fully competent, s. When a sale is ordered court may free lands from all incumbrances, s. 22. In certain cases, conveyance to have the same effect as if executed under proper hand and seal of party nam- ed, 8. 22. Pore of sale, how to be disposed of, 8 Office copy of decree to be sufficient evidence of partition, s. 24. Practice to be followed s. 25. Costs to be paid oat of estate, s. 26. How Act may be cited, s. 27. heard on viva voce evidence, s. 14. Her Masusty, by and. with the advice and consent of the Legislative Assembly of Manitoba enacts as follows : I. In this Act “lands” and “land” shall mean and include lands, tenements, hereditaments and all interest and estates therein ; “ partition” and “plaintiff” and “defendant” shall mean and include all parties interested in any proceedings un- der this Act; and all parties interested in any proceedings un- der this Act, other than the plaintiff, shall be a defendant. 41 Y.¢@ 6,3, 1. II. Every partition of lands, voluntarily made by the parties thereto, shall be made by deed; otherwise the same shall be void, except the same be accompanied and followed by acts, facts and circumstances which render the transaction binding in equity. 41 V.c.6,s. 2. JU. All joint tenants, tenants in common and co-parceners ‘ all persons or parties entitled to any estate or interest by the courtesy or as mortgagees, execution or judgment creditors, by lien, conveyance, devise or inheritance, or howsoever otherwise, in possession, reversion, remainder or expectancy, or interested in any way or manner otherwise in any lands in this Province, shall and may, by the decree or order. of the court of Queen’s Bench, be compelled to make or suffer partition or sale of the said lands, or any part or parts thereof, as in this Act provided. 41 V.c. 6,8. 3. PARTITION OF REAL ESTATE. Chap. 38. 619 IV. The proceedings for the partition or sale of such lands Proceedings shall be instituted in the cout of Queen’s Bench on its Equity ea fn eae side. 41 V.c. 6,5. 3. V. Any person interested in any lands situate in this Pro- Persons in- vince, or the duly authorized agent of such person, or the fiea bill of” guardian of any infant or minor interested or entitled as afore- complaint. said to or in the said lands cr any part or parts thereof, can and may file a bill of complaint in the said court, setting forth the particulars as mentioned in the seventh section of this Act, and praying that a partition or sale of such lands or part or parts thereof may be made under the direction of the court; and the court may, upon the hearing of the bill of complaint and answer thereto, if any, as in ordinary cases in the said court, make such decree or order for the partition or sale, if a sale shall appear more advantageous, of the said lands subject to such conditions, and on such terms as shall appear proper and expedient in the interest of all parties interested, with such direction as to inquiries, if any shall appear necessary, as the court shall see fit and proper to make: provided, always, Proviso. that no steps shall be taken under this Act in respect of any lands or any estate or interest therein, vested in, descended, or belonging to, any person from any person dying intestate un- til six months after the decease of the intestate. 41 V.c. 6, 8. 5. VI. All proceedings under this Act may be entitled as fol--How to be en- lows : ‘ Manitoba, In the Queen’s Bench. In equity. The day of in the year of our Lord, 18 In the matter of partition Between A. B,, plaintiff, and C. D., defendant. In all other respects, except as provided in this Act, the bill is to be framed as an ordinary bill of complaint according to the principles of pieadings and the general orders of the eourt. 41 V.c¢.6,8, 6. } VII. Every person, having at the time of filing a bill of Parties sling complaint, any interest or estate as aforesaid in the said lands, Biot com shall or may be made a party to such bill, either as plaintiff {uly describe er defendant ; and the bill of complaint shall particularly and : accurately describe the said lands to be partitioned or sold ; and shall also set forth : 620 Chap. 38. PARTITION OF REAL ESTATE. (1.) The interest or estate of the plaintiff and of the defen- dant therein as accurately and concisely as possible ; (2.) The places of residence or domicile, and occupation, if any, of each person, plaintiff and defendant ; (3.) The interest, estate, right and title of every person, plaintiff and defendant therein, in anywise whatsoever, so far as the same may be known or can be ascertained ; (4.) ln ease any one or more of such persons, or the share or extent of interest or estate in said lands of any person in- | terested, be unknown, the facts in respect thereof shall be set forth as far as known or that can be ascertained. 41 V.c. 6, 8: % ‘When’an in- VIII. In case any of the persons interested be an infant or jantor miner minor, not having a legal guardian, the court or any judge court may aP- may, at any time, before or after the bill filed, upon proof that guardian. such infant or minor has been served with notice of the ap- plication, a reasonable time before application, whether the vaid infant or minor is within or without the Province, ap- point a suitable and discreet person to be guardian for such infant or minor, for the special purpose of taking charge of the interest of such infant or minor in the proceedings to be taken on the bill in respect of the partition or sale of the said lands. 41 V.c. 6,5. 8. Everyguard- IX. Every guardian so appointed, and every other guardian, pointedto Shall at any time when thereunto required by the direction or execute bond. order of the court or judge, execute to the clerk of the court, or to the infant, or minor, or to such other person or persons as the judge or court shall direct, according to the direction of the court or judge, a bond with or without sureties, as shall be directed, to be allowed by the clerk of the court upon pro- per proof of the sufficiency thereof, conditioned for the faithful discharge of the trust committed to him as such guardian, and to render a just account of the guardianship when required by the court or judge, and upon such further condition as may be directed ; and every guardian in the proceedings on any bill or other proceedings as aforesaid, or in any matter connected therewith or growing thereout, shall, in addition to all other And may be,remedies against him, be subject to have the process of the cess fordis- court by way of attachment or otherwise, on disobedience to, ongaience f oy non-compliance with, any rule, order or direction of a court or judge, to be issued against him by the court or a judge, as for a contempt of court ; and the court or a judge shall have power and authority to order the issue of any such process of attachment for the causes aforesaid, any law, usage or custom to the contrary notwithstanding. 41 V.c. 6,s. 9. Acts of guard- * ‘ ‘ jan shall be X. The guardians aforesaid shall represent the infants or pines" minors in the proceedings upon the bill; and their acts there- ' PARTITION OF REAL ESTATE, Chap. 38. 621 in and in relation thereto shall be binding on thé infants and minors, and shall be as valid and effectual as if ‘done by such infants or minors after having arrived at the full age of twenty- ene years. 41 V.c. 6,s. 10. XI. It shall not be compulsory, in the first instance, to make persons hav- any person having a lien or incumbrance on the lands or es- Me eos tate, or any part thereof, a party to the proceeding ; but the porte a ret plaintiff in the bill may make such incumbrancers parties to ings. the bill, and set forth the lien or incumbrance ; or such incum- brancers may subsequenély be made parties to the proceedings in the master’s office, or otherwise, by an order of the court or judge, or by an order of the master ; and in such case they shall be bound by all the proceedings the same as if they had been made parties in the first instance ; and if any lien or in- cumbrance is on the undivided share or estate of any of the parties or persons to the bill, it shall be a lien only on such share or estate ; and such share or estate, as the case may be, shall be first charged with its due proportion of the cost of the proceedings in partition or sale, in priority to any such lien : provided always, that if the person having such lien shall not, proviso. in the first instance or subsequently, be made a party to the proceedings, his lien shall not be impaired or affected by the proceedings ; and provided further, that in any stage of the proceedings any amendments may be made by the omission or addition of persons or parties, or otherwise, as necessity or oceasion shall arise, upon such terms as the court or a judge shall impose. 41 V. c. 6,8. 11. XIL In Gases where some of the parties interested, or sup- When parties posed to be interested, in the lands, and their residences are oS a unknown, an oflice copy of the bill, with the requisite notices Copy ofthe and endorsements thereon, aveording to the gencral orders ofticetobe the court in ordinary bills and cases, may be served on all the the parties persons or parties defendant thereto, whether infants or min-“°*""* ors er not, and whether marricd woman or sole and unimarried or not, who are interested in the said lands and estate in question, or on any authorized agent, guardian, or attorney or solicitor of any of the said parties defendant; service cither upon the infant or minor, or upon the guardian, shall be suf- ficient, except there shall be some special reason for holding otherwise. +1 V. c. 6,5. 12. XII1. The court, or a judge, in any case, may order substi- Court may | tutional or other service of the bill of complaint or any pro- order, substi- ceedings upon any of the parties interested, or service by pub- vice by publi- lication of a concise statement of the substance of the bill, or Bill tm Branitee the whole bill, together with the notices and indorsements otnerpaper. thereon in the Manitoba Gazette, and in some newspaper pub- lished in or near the-city of Winnipeg, in one or both, for such time and in such manner, and in such language, either the English or the French language, as the court or judge shall, in such order, direct ; or may order that any service of any bill, 622 When ans- wers not filed pill may be taken pro con- fesso and case Chap. 38. PARTITION OF REAL ESTATE. proceeding or notice may be served by enclosing the same to any person in an envelope properly addressed and deposited in the post office in Winnipeg, with postage prepaid, in man- ner and form as shall, in the said order, be expressed ; or may order the service of any bill, proceeding or notice in any man- ner otherwise, as to the court or judge shall seem proper; and all services made in pursuance of any such orders shall be good and effectual, and shall bind the parties so served, their estate and interest as effectually as if personal service had been made ; but in all such services regard shall be had to the time tor answering or appearing to the,same. 41 V. «. 6,8. 13. XIV. In case answers are not filed pursuarft to the practice ’of the court, the bill may be taken pro confesso in respect of any party defendant failing to answer; and the case, when may be heard ripe for hearing, may be set down and heard as an ordinary on viva voce case on the equity side of the court; and thereupon the case evidence. shall be heard on bill and answer, or pro confesso, or affidavits and viva voce evidence, one or both; and the court may pro- nounce such decree or order as the law and justice of the case shall demand. 41 V.c. 6,8. 14. On hearing XV. On the hearing, the several parties shall establish te Establish the satisfaction of the court, their respective estates, interests fheit respec- and titles to and in the said lands, and also the estate, interest dand: and title of any person or persons who are not a party to the suit; and the decree or order, if mace, shall either define spe- cially the respective estates, interests and rights of all the par- ties interested in the said lands or any part thereof, so that the same may be readily distinguished and known, including -(Gf any) the estates or interests of any persons unknown or not ascertained; andifa partition be decreed orordered, the same shall define and designate by metes and bounds the several parcels or parts or portions allotted to each, so that the same may be dis- tinguished and known from all other parcels, parts or portions; or refer to the master or some other person to inquire and re- port upon ail and singular the premises, and reserve further consideration until after the master or other person shall have made his report ; and after the said report shall have become absclute, by a subsequent decree or order, the courtshall finally : dispose of all and singular the premises in manner aforesaid. 41 V.c. 6,8. 15. Court may XVI. In case of a partition, the court or the master may, if eee aansi Necessary, employ a surveyor to assist the court or the master in dividing in dividing and designating the several shares, parcels or parts, shares. and by stones ormonuments,to point out and define the same,and make an accurate map or plan and field book of the whole land and theseveral divisions thereof; and theyshall describe parti- cularly the metes and bounds of the same. 41 V.c. 6,8. 16. Report may § XVII. The report, asin ordinary cases, may be excepted to, or PARTITION OF REAL ESEATE, Chap. 38. 623 the court, without exceptions, may order it to be sent back tv be accepted bs reviewed or amended. 41 V.¢. 6, s. 17. ae XVIII. The decree or order of the court confirming the said Decree of the report and finally disposing of the case, whether in the case of Sout spall be partitien or sale, shall be binding and conclusive on all parties named in the cause and made parties thereto, and on all per- sons claiming by, through or under them, or any of them; but But shall not such decree or order, if it be on partition, shall not affect any 27¢ct any person being a tenant, or tenant in dower, or tenant by cour- lfe. tesy, or tenant for life, of the lands or any part thereof which form the subject of a partition, nor of any person, whether such decree or order be on partition or sale, not named in the bill of complaint originally,or by amendment,or in the master’s office as hereinbefore provided. 41 V.c. 6,s. 18. XIX. Either in the decree or order first made, or after de- tr advisable cree or order for partition, if by any means it shall, under the thgcourt may circumstances, appear to be advisable in a subsequent decree the estate. or order reciting the former decree or order, and the reason for a sale instead of a partition, the court may order the sale of the estate, lands and premises, if deemed prudent so to do, or any part thereof, or any estate or interest therein or in any part thereof, at a public or private sale, on such terms and con- ditions, and on credit or for cash, as to the whole or part of the purchase money, as to the court shall seem expedient. 41 V.c. 6, 8. 19. XX. In all cases, any decree, order and report contirmed, by peea execut- which partition or sale is declared or effected, or any deed ex- oo ye etl ecuted by the master of the court, to give effect to such parti- be valid and tion or sale, shall be valid and binding, both at law and in ee ee equity. 41 V.c.6,s. 20. XXI. Any partition or sale, made under this Act, shall be Any sale un- as effectual to all intents and purposes for the apportioning or S¢%,this Act conveying away of the estate or interest of any married woman, ue aber any infant or lunatic, party to the proceedings by which the parti- competent. tion or sale is declared or made, as of any person fully compe- tent in law to act himself. 41 V.c. 6,s. 21. XXII. In cases where a, sale is ordered, it shall be lawful When a sale and competent for the court to order that all the lands shall be ae sold, freed and discharged from all incumbrances, if it shal] free lands under the circumstances see fit so to do; and the purchaser Gusabaateee: shall take title accordingly ; and upon sale, to order that all proper parties shall join in the deed of conveyance, and to force compliance with such order; or to direct the master of the court or some other person to execute the deed of conveyance, in case any party thereto is absent or of tender years, or from any other cause, it is convenient so to da; and any deed of conveyance so executed shall have the same force ana effect as if executed under the proper hand and seal of the said party 624 Chap. 38. PARTITION OF REAL ESTATE. Incertain named in the said conveyance ; and in case of infants, as if of anes to hare the full age of twenty-one years; and in case of married wo- same force. men, as if they were sole and unmarried; or the court may ifexecuted make partition of the lands or the same be conveyed to the hand ond cent purchaser thereof by a vesting order of the court, which shall eaporty 2am have the same force and effect as a formal deed of conveyance would have, duly executed by all the parties having any estate or interest to convey, and fully competent in law to make and execute such conveyance. 41 V. c¢. 6,5. 22. Precenew CXL The proceeds of any sale, whether it be money, lisposed . . of. mortgages, or security, or partly one and partly the other, shall stand in the place of and represent the said lands, and be im- pressed with the same trusts and incidents, and subject to the same incumbrancees, that the lands were before sale and con- veyance ; and the court shall pay out, apportion and dispose thereof, according to the estate, interest and rights of the par- ties therein and thereto, according to law; and in doing so shall fix the value of any inchoate, or unliquidated, or uncer- tain estate or interest therein or thereto, and deal with the same according to law-dealing with all liens and incumbrances according to their legal priority, or pari passu where no prior- ity exists. 41 V.c. 6,8. 23. @fice copy o¢ XXIV. An office copy of any decree, or order or report con- decree to be firmed by a partition or sale under this Act, shall be sufficient dence of parti- evidence in all courts of the partition thereby declared, and of es the sale thereby made, of the several holdings by the parties of the shares alloted to them, and of the title of the purchaser to the land sold to him. 41 V.c. 6, s. 24. Practice to be XXV. In all matters arising in proceedings under this Act fellowed. in respect of which the practice is not provided for, the princi- ples of the practice of the court of Queen’s Bench, on its equity side, shall, as near as may be, be followed; and in cases on points of practice not therein provided for, the court may make general rules or orders, or may make any special order in any case as necessity or occasion shall require, not incon- sistent with this Act nor contrary to law. 41 V.c. 6,5, 25. Costs to be XXVI. Asa rule, the costs-in proceedings under this Act paldoutof shall be paid to all the parties out of the estate and shall form a first charge thereon ; but the court shall in all cases haye ab- solute discretionary power over all costs. 41 V. c¢. 6,8. 26. XXVIL This Act may be cited as “ The real estate partition Act.” : How cited. INFANTS. Chap. 39. CHAPTER XXXIX. An Act respecting infants. GUARDIANSHIP OF INFANTS— Guardianship, how obtained, s. 1. Judge may make order for the mother or other person to take guardian- ship; also for maintenance, s. 2. Court or judge may give effect to tes- tamentary appointment, s. 3. Testamentary guardians may be re- moved, s. 4. Court may order attendance of wit- nesses, S. 5. BOY OTUEE production of documents, 8. 5. Guardian may be appointed on appli- eation of infant or friends, s. 6. Guardians to furnish bonds, s. 7. Bonds to be recorded, s. 7. Guardian may appear in any court and prosecute or defend any suit in name of ward, s. 8. And may bind an apprentice, s. & Court may cancel or make other _ order, s. 9. Practice and procedure, s. 10. CUSTODY OF INFANTS— Custody of infants, s. 11. On investigation court may enforce attendance to take evidence, s. 12. How orders may be enforced, s. 13. No order shall be made in favor of a mother against whom adultery has been established, s. 14. Estate and property of infants, s. 15. Application, how made, s. 16. Conveyance, how executed, s. 17. Iiffect of conveyanee, s. 18. Moneys—how to be applied, s. 19. Surplus moneys or securities—how disposed of, s. 20. Real estate, subject to dower, s. 21. Court may direet, s. 21. Uneeratn estate or incumbrances, s In any proceeding not necessary for infant to appear in propria persona, 8. 22. In case of sale of real estate, how con- veyance to be made, s. 28. iow Act may be cited, s. 24. Her Masesrr, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : GUARDIANSHIP OF INFANTS. 625 i. The right of appointing guardians of infants (such in- Guardianship \ tants not having a father living orany legal guardian authorized POW ohtained. by law to take the care of their persuns and the charge of their estates) shall belong to the cout of Queen’s Bench on its pro- bate side, and letters of appointment may be obtained as in the case of letters of administration ; and a record of every ap- pointment or removal shall be made, and the like record thereof kept with the papers upon which the appointment or removal is made, in like manner, as near as may be, as in the case of probate and administration. 41 Vie%,s. 1. IE. The court of Queen’s Benth, on the fiat thereof, or of Judge may : pumas : : ; ae ke ord any judge of the said court, may, upon hearing the petition of forthe moth- the mother of an infant? whose father is dead, appoint the Soe mother or some other person to take the guardianship of the take guard person of the infant, notwithstanding any testamentary pro- for manitens visions to the contrary, or any appointment of another person a guardian by the father, if it shall appear just and proper ; and may also make an order for the maintenance of the infant, by the payment out of any estate to which the infant is or shall be entitled, such sum or stias of money, from time to time, as, according to the value of the estate, such court or judge thinks just and reasonable. 41 V. c. 7, 8. 2. III. The court or judge may give effect to the testamentary court or judge see by the mother of guardians of infant children, ™*Y £ive - 626 Chap. 39. INFANTS. effect totesta- either as respects the person and estate, or one or both, not- pointment Withstanding the previous appointment of guardians by testa- ment of the father of such infants, upon petitions presented and facts proved, if it shall seem advisable and in the interesta of the infants to do so; and may make an order for the main- tenance of the infants, as in the last preceding section mention- ed: 41 Vic. 7, 8.3. Testamentary IV. Testamentary guardians and trustees may be removed ns . ahae be for proper cause, the same as other guardians and trustees. 41 removed. Vic. 7, s8..4 ~ 0. 4, 8.4 / Court may V. In all matters and applications touching or relating to the order vite appointment of guardians, control or removal of guardians of Det Tee only infants, and the security to be given by such guardians or documents, otherwise, the court or a judge shall have full power and au- i thority to summon and order the attendance of witnesses, and to order the examination of the same before the court or judge or clerk of the court, and to order the production of deeds, writings and documents, and generally to enforce all orders, decrees and judgments, in such manner as shall seem expedient according to the practice and procedure of the court in that behalf, and in such manner as the court or a judge shall direct. 41 V.c¢. 7,8. 5. . ; Guardian VI. Upon the written application of anv infant. or the friend outa or friends ofany infantresiding. withinthe Province of Manitoba, application of and upon notice thereof to the mother of such infant if living friends, in Manitoba, the court-or judge may, upon a proper case made out for that purpose, appoint some suitable and discreet person or persons to be guardian or gurdians of snch infant. 41 V. ¢. 7, s. 6. Guardiansto VII. There shall be taken from the guardian or guardians furnish bond. annointed by the court, a bond in the name of the infant or infants, in such penal sum, and with or without sureties, as the court or judge shall direct or approve, having regard to the circumstances of each case; and such bond shall be condioned that the said guardian or guardians shall and will faithfully perform the said trust, and that he or they, his or their execu- tors or administrators, shall and will, when the said ward be- comes of the full age of twenty-one years, or whenever there- unto required by the court or any judge, render to his or their said ward or his or their executors or administrators, a/ true and just account ofall goods, moneys, interest, rents, profits or property of such ward which have come, or which might, but for his or their default have come, into the hands of such guardian or guardians, and shall and will there- upon, without any delay, deliver and pay over to the said ward, or to his or her executors or administrators the pro- perty or the sum or balance of money which may be in the hands of the said guardian or guardians, belonging to such . ward, deducting therefrom and retaining a reasonable sum for INFANTS, Chap. 39. 627 the expenses and charges of the said guardian or guardians ; Bonds to be and such bond shall be filed and recorded in the beoks im theese office of the clerk of the court of Queen’s Bench on its probate side. 41 V. ec. 7,38. 7. VIII. The guardian or guardians of any infant so appointed Guardian shall, during the continuance of his or their guardiarship, have 4% appear . i in any court authority to act for and in behalf of his or their ward ; and may and prosecute appear in any court and prosecute or defend any action or suit octin name” in the name of the ward; and shall have the charge and man-% ¥"* agement of the estate, both real and personal, of the said ward; the care of the person and education of such ward; and in case the infant be under the age of fourteen years, may, with the approbation of two of Her Majesty’s justices of the peace and the consent of such ward, or in case the infant be not un- der the age of fourteen years, then with the consent of the ward only, may place or bind him or her an apprentice tu any and may lawful trade, profession or employment: such apprenticeship Pc HOs: in the case of males not extending beyond the age of twenty- one years, and in the case of females, not beyond the age of eighteen years, or the marriage of the ward within that age. 41 V.c. 7,8. 8. IX. The court or any judge may, on proper cause being Court may shown for that purpose, discharge any such ward from the ap- Soneecther prenticeship in the last preceding section mentioned, and order °*¢e?- the articles or instrument of apprenticeship to be delivered up to be cancelled, or make such other order in respect of the master or apprentice or either of thew, as shall, under the cir- cumstances, appear to be proper and just; and may also, upon reasonable complaint made and sustained, remove any guar- dian or guardians from his or their guardianship ;.and, if it shall appear necessary, appoint another guardian or guardians ' in his or their stead. 41 V.c. 7, s. 9. X. The practice and procedure in respect of guardianship, practice ana and all questions relating thereto, shall conform, as nearly as Procedure. the circumstances will admit, to the practice and procedure of the probate court in England : provided always, that the court or judge may in each case prescribe such practice and proce-?'°¥s* dure as the circumstances of it may seem to require, to carry out with facility and without expense the true intent and meaning of the premises. 41 V.c. 7, 8. 10. CUSTODY OF INFANTS. XI. The court or any judge thereof, upon, application by the mother of any infant being in the sole custody or the con- trol of the father thereof, or of any other person by his au- thority, or any other person without his authority, or of any guardian after the death of the father, may make an order for the access of the mother to such infant, at such times and sub- ject to such regulations as the court or judge thinks conveni- 628 Chap. 39, , INFANTS, ent and just; and if such infant be within the age of twelve years, may make an order for the delivery of such infant into the custody and control of the mother, and there to remain for such time and under such conditions as the court or judge shall preseribe ; and in disposing of any such application the ’ court or judge may also make an order for the maintenance and education of such infant by payment by the father there- ~ of, or by payment out of any estate to which such infant may be entitled, of such sum or sums of money, from time to time, as, according to the pecuniary circumstances of such father, or the value of such estate, the court. or judge thinks just and reasonable’; but as a rule the father shall have the custody and control of his infant children; yet it shall be lawful for the court or any judge, on a proper case made for that purpose, to order any infant child or children to be delivered into the sole custody of the nother, on such conditions and subject to such regulations as the circumstances and facts of the case shall render proper, reasonable and just, wherever such child or children ay be; or under whatever authority and control they may have been placed. any law, usage or custom to the con- trary notwithstanding. 41 V.c.7,s. 11. On investiga XII. On the investagation of the facts on any application ton eovetce mentioned in the preceding sections, the court or judge may attendance to enforce the attendance of any person before the court or judge, and take evidence under oath touching the matter of the ap- plication, by rule or order made for that. purpose ; and on fail- ure of the person to attend for the purpose aforesaid, after no- tice of the rule or order in that behalf, to order that such per- son shall be committed for contempt of court; or may decide such application on affidavits received and filed or to be re- ceived and tiled, or on the evidence taken vird voce and the said affidavits, 41 Vic. 7s. 12. How orders XIII. All orders and rules made by a judge or by the court, may been- under any of the preceding sections of this Act, may, in addi- tion to all other remedies, be enforsed by attachment or pro- cess for contempt by the judge or by the court, according as the same shall be made by a judge or the court. 41 V. © 7, 6. 12) pecan penal XLV. No order directing that the mother shall have the cus- favorofa tody of or access to an infant, shall be made in virtue of the aaoinetwhom preceding sections of this Act, in favor of a mother against adultery bas whom adultery has been established, or to whom the custody lished. and control of an infant could not be safely confided on account of improper conduct or habits of life. 41 Vc. 7,8. 14 Estate and XV. When an infant is seized or possessed of, or entitled to propery me any real estate in fee simple or for a term of years, or other- wise howsoever in Manitoba, and the court is of opinion that a.sale, lease or other disposition of the same or of any part thereof, is expedient, necessary or proper, in the interest of the INFANTS. Chap. 39. 629 infant, or for the maintenance or education of the infant, or that by reason of any part of the property being exposed to waste and delapidation, or to depreciation from any other cause satisfactory to the court, his interest requires or will be substantially promoted by such sale, lease or other disposition, the court may order the sale, letting for a term of years, or other disposition of such rea] estate or any part thereof, to be yoade under the direction of the court, or of one of its officers, or by guardian of the infant or by any person appointed by the court for the purpose, in such manner and with such res- trictions as to the court may seem expedient; and may order the infant to convey or demise, or otherwise dispose of the estate as the court thinks proper. 41 V.c. 7,8. 15. XVI. The application shall be made in the name of the in- Application, © fant by his next friend or by his guardian: but shall not be?” ™9% made without the consent of the infantif he is of the age of seven years and upwards. 41 V.c. 7, s. 16. XVII. When the court deems it convenient that a convey- Conveyance, | ance should be executed by some person in the place of the ?°Y °*t infant, the court may direct some other person in the place of ‘the infant to convey the estate. 41 V.c. 7, s. 17. XVIII. Every such conveyance, whether executed by the Bfectot infant or some person appointed to execute the same in his “°?Y°7#™°* place, shall be as effectual as if the infant had executed the same, and had been of the age of twenty-one years at the time. 41 V.c¢. 7s. 18. XIX. The moneys arising from any such sale, lease or other Moneys, how disposition, shall be laid out, applied and disposed of in such ‘°° ®PPUS* manner as the court directs. 41 V.c¢. 7,5. 19. XX. On any sale, lease or other disposition so made, the Surplus?mon- money so raised, or the securities taken or the surplus thereof, {%s how dis shall be of the same nature and character as the estate sold or Posed of. disposed of, and the heirs, next of kin, or other representatives of the infant, shall have the like interest in any surplus which may remain of the proceeds at the decease of the infant, as they would in the estate sold or disposed of, if no sale or other disposition had been made thereof. 41 V.c. 7, s. 20. XXI. If any real estate of sn infant is subject to dower or Real estate other uncertain encumbrance «d the person entitled to the §ov/eet* dower or cther incumbrance, consents in writing to accept in lien of dower or such other encumbrance, any gross sum of money which the court thinks reasonable, or the permanent Court may investment of a reasonable sum of money in such manner that U"°** the interest thereof be made payable to the person entitled to dower or other such encumbrance during her or his life, the court may direct the payment of such sum, or the investment jo such other sum of money, out of the proceeds, or other dis- 630 Chap. 40. APPRENTICES AND MINORS. Proviso. position of the real estate of the infant : provided always, that it shall be competent for the court in any case where the estate of the infant is subject’ to dower or any lien or encumbrance-of - uncertain duration, tv compute the reasonable value of the ‘same, and to order the sale or other disposition of the estate of the infant freed or discharged from the dower or other such encumbrance, and direct the payment of the value of such - encumbrance out of the proceeds of the sale or other disposi- tioh of the real estate of the infant. 41 V.c. 7, s,-21. In any pro- XXIL. In any proceedings for the selling, Jetting or other ceeding, not disposition of the estate of an infant, it shall not be necessary peat ia eeeria that the infant shall appear in propria persona before the persona, court, except the court shall so direct ; but the ground of the ° proceeding must be made out to the satisfaction of the court before the application is granted. 41 V.c. 7, s. 22. Incaseofsale XXIII. In case of any sale or other disposition of any real Row sont? estate of an infant under the provisions of this Act, the in- ancetobe terest and estate sold or otherwise disposed of may be convey- ed to the purchaser by the vesting order of the court, which shall be to all intents and purposes as effectual to pass the in- terest and estate so sold or disposed of, as a conveyance duly executed, as provided in the eighteenth sections of this Act. 41 V.c. 7, 8. 23. Citation. XXIV. This act may be cited as “The Act respecting in- fants.” 41 Vc. 7, 8. 24 ' CHAPTER XL. An Act respecting apprentices and minors. RIGHT AND LIABILITIES OF MINORS.—| Minor may be emancipated, s. 15. Minors of 16 years old, s. 1. Indenture may'be cancelled, s. 16. Minors of institutions, s. 2. Master compelled to appear, 8. 17. Exercise right of parent, s. 3. Apprentice compelled to appear, s. 18. APPRETICING MINORS— Absenting of apprentice, s ; Apprenticing, s. 4. Apprentice refusing to obey orders, 5. Minor abandoned, s. 5. Limit for prosecution, s. 2]. ‘ Who may bind, s. 6. . Harbouring apprentice, s. 22. How minor may be removed from in-} Indenture may be voided, s. 23. stitution, 8. 7. ‘ APPEALS— Wages, to whom payable, s. 8. Appeals, s. 24. Transfer of apprentice, s. 9. How made, s. 25. Masters’ powers, s. 10. : Costs, s. 26. What the master is to provide, s, ll. Charitable societies may be authoriz- Faithful service of apprentice, s. 12. ed by Lieut.-Governor in council to Complaint, s. 18. exercise powers of Act, 5. 27 Default in providing indenture, s.14. | How Act may be cited, s. 28. Her Magesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : APPRENTICES AND MINORS. Chap. 40. 631 RIGHTS AND LIABILITIES OF MINORS. I. Where a minor over the age of sixteen years, who has no minors of six- parent or legal guardian, or who does not reside with his parent tee” years ‘or guardian, enters into an agreement, written or verbal, to per-, form any service or work, he shall be liable upon the same, and shall have the benefit thereof, as if he had been of legal age. 40 V.c. 26, 8. 1. 4 GUARDIANS TO MINORS. IIL. Any parent, guardian or any other person having the pe care or charge of a minor, or any charitable society authorized institutions. by the Lieutenant-Governor to exercise the powers conferred by this Act, may, with the minor’s consent, if the minor is a male not under the age of fourteen years, or is a female not under the age of twelve years, and without such consent if he ‘or she is under such age, constitute by indenture, to be the guardian of the child, any respectable, trustworthy person who is willing to assume, and by indenture or other instrument in writing doth assume the duty of a parent towards the child ; but the parent shall remain liable for the performance of any duty imposed by law in case the guardian shall fail in the per- formance thereof. 40 V. ¢. 26, s. 2. QI. The guardian shall thereupon possess the same authority Exercise right over the child as-he or she would have, were the ward his or” ee her own child, and shall be bound to perform the duties of a parent towards such ward. 40 V.c. 26, s. 3. APPRENTICING MINORS, IV. A parent, guardian, or other person having the care or Apprenticing. charge of a minor, or any charitable society being authorized by the Lieutenant-Governor in Council to exercise the powers conferred by this Act, and having the care or charge of a minor, the minor being a male and not under the age of fourteen years, may, with the consent of the minor, put and bind him as an apprentice by indenture to any respectable and trust- worthy master, mechanic, farmer or person carrying on a trade or calling, for a term not to extent beyond the minority of the ‘apprentice ; or in case of a female, not under the age of twelve _years, may, with her consent, bind the minor to any respect- -able and trustworthy person, for any term, not to extend be- yond the term of ¢ighteen years of age. 40 V.c. 26,5. 4 V. When the father of an infant child abandons and leaves Minor the child with the mother, such mother, with the approbation *”="*°"* of two justices of the peace, may bind the child as an appren- tice to any person mentioned in the last preceding section, until the child attains the age of twenty-one years, in case of a male, and eighteen years in case of a female; and an indenture to :that effect, under the hand and seal of the mother and counter- ul 632 ‘Who may bind, How minor may be re- moved from institution. = Wages to whom pay- able. Transfer of apprentice. Master's powers. ‘What the master is ‘obliged to provide. Chap. 40. APPRENTICES AND MINORS. signed by such justices, shall be valid ; but no child having at- tained the age of fourteen years, shall be so apprenticed, unless he or she consents. 40 V.c. 26, 8. 5. VI. In a city or town, the mayor, judge or police magistrate; and in a county the judge. may put and bind fora like period, to any. person mentioned in the several sections of this Act, with the consent of such person and of the minor, any minor who is an orphan or has been deserted by his or her parents or guardian, or whose parents or guardian have been, for the time being, committed to a common gaol or house of correction, or any minor who is dependant upon public charity for support ; and such apprentice and the master of such apprentice shall be held bound in the same manner, as if the apprentice had been bound by his or her parent. 40 V. c. 26,8. 6. VIL. No minor who has been abandoned by his or her pa- rent or guardian, or who is dependent upon charity for support, shall be removed from any public or private institution, or from the custody or control of any private person who may charitably be taking care of the minor, against the will of the head of such public or private charitable institution, or of such private person, without an order for such removal from a judge, or mayor or police magistrate of the city or town where the minor is; and any judgeorother personare hereby empowered to make an order for removal; but he may refuse to grant an order for the removal of the minor, unless he shall be satisfied that the removal will tend to the benefit and advantage of the mi- nor. 40 V.c. 26,8. 7. , VitI. All wages reserved by an indenture or otherwise to be paid for the service of any minor, shall, if not payable to the parent, be either payable to the minor, or to some person for the benefit of the minor. 40 V. c. 26,5. 8. ; IX. If the master of the apprentice die, the apprentice, if a male, shall by act of law be transferred to the person (if any) who continues the establishment ‘of the deceased; and such person shall hold the apprentice upon the same terms as the deceased, if alive, would have done. 40 V. « 26,8. 9. X. A master may transfer his apprentice, with his consent, to any person who is competent to receive or take an appren- tice, and who carries on the same kind of business. 40 V. ¢. 26, s. 10. XI. Every master shall provide his apprentice, during the term of his apprenticeship, suitabie board, lodging and clothing, or such equivalent therefor as is mentioned in the indenture, and shall also properly teach and instruct him, or cause him to be taught or instructed, in his trade or calling. 40 V. c. 26, s. 11. : APPRENTICES AND MINORS. Chap. 40. 633 XII. Every apprentice shall, during the term of his appren- Faith ser- ticeship, faithfully serve his master, and shall obey all his law- 709. tice. ful and reasonable commands, and shall not absent himself ‘from his s»rvice, day or night, without his master’s consent. 40 V. c. 26, s. 12. XIII. Any judge or a police magistrate, upon complaint by Complaint, any minor bound as aforesaid, or by any person on his or her behalf, or by the person to whom the apprentice is bound, may alter the mode in which payment of wages is to be made, by directing payment to the apprentice, or to some other person, in lieu of the manner set out in the indenture ; or may, upon proof of gross misconduct or neglect of duty, annul the inden- ture of apprenticeship or of service, and may compel the per- son in whose possession, power, custody or control the inden- ture is, to produce and deliver the same in court, in order to have the indenture cancelled, or to have the order varying the indenture endorsed thereon, as the case may be. 40 V. ¢, 26, s. 13. XIV. Any judge or police magistrate may, after allowing a Defauie tn reasonable time for production and delivery, issue a warrant prasnens, for the imprisonment of the person in default for any term not exceeding six months, unless the indenture or instrument, be sooner produced and delivered for the purpose aforesaid, and all costs be sooner paid. 40 V.c. 26,8, 14. XV. ‘Aig y judge or police magistrate, upon complaint of any ne be minor over whom a person has been appointed guardian under °™4ncipated- the second section of this Act, or any person on "behalf of the minor, and upon proof of gross misconduct or neglect of duty - on the part of the guardian, may emancipate the minor from the authority of the said guardian. 40 V. c. 26,8. 15. XVI. Any judge in any case, and a police magistrate iN Case Indenture. the apprenticing of a child or the appointment ‘of a guardian May bacan- under this Act has not been by the parent of the child, may, upon the application of either the parent or the child, cancel i the indenture of apprenticeship, if satisfied that the same was injudiciously or improperly entered into, or cancel the ap- pointment of a guardian and restore the child to the parent, if satisfied that the parent is a fit and proper person to take charge of the child ; and in case snch cancellation of the guard- ianship is on the application of the parent, the authority of the parent§shall revive, as if no guardian had been appointed ; and costs may be imposed upon the guardian. 40 V. c. 26, 8.16. XVII. Any justice of the peace or police magistrate on com- Master com- plaint made before him on oath, by an apprentice against his Bppear” master for refusing necessary provisions, or for misusage, cruelty or ill treatment, may cause the master to appear before him to answer the complaint, and shall thereupon hear and de- termine the complaint, and on conviction may levy on the of- 634 Appreniice eompelled to appear. Apprentice absenting himgolt. Chap. 40. APPRENTICES AND MINORS. : fender a fine not exceeding twenty dollars,and issue a warrant of distress to collect the same and costs, and in default of satis- faction by distress, may direct the offender to be imprisoned in any common gaol for a term not exceeding one month, unless the fine and all costs be sooner paid. 40 V. c. 26, 5.17. XVIII. Any justice or police magistrate, may also on com- plaint of a master against his apprentice for-refusing to obey his commands, or for waste or damaye to property, or for any other improper conduct, cause the apprentice to appear before him, and shall hear and deterntine the complaint, and on con- viction, order the apprentice to be imprisoned in a common gaol or a house of correction for a term not exceeding one month. 40 V. c, 26,5. 18. XIX. In case any apprentice absents himself from his master’s service or employment before the time of his appren- ticeship expires, he may at any time thereafter, if found in , Manitoba, be compelled to serve his master for so long a time Apprentice refusing to obey orders. Limit for , prosecution. ash ehas so absented himself, unless he make satisfaction to his master for the loss sustained by such absence. 40 V. c. 26,5. 19. XX. In case an apprentice refuses to serve as in the next preceding section required, or to make such satisfaction to his master, or to obey the lawful commands of his master, or in any other way refuses or neglects to perform his duty to his master, and if the master or his overseer or agent, complains on oath toa justice of the peace or police magistrate, either in the county, city, or town, where the master resides, or in any county, city, or town, where the master resides, or in any county, city or town, where the absconding apprentice is found, such justice or police magistrate may cause the apprentice to be summoned to appear, or be apprehended and brought be- fore him, or before some other justice of the peace ; and such justice upon hearing the complaint, shall determine what satis- faction shall be made by the apprentice to the master ; in case the apprentice do not give or make such satisfaction immedi- ately, or in case the satisfaction be of such a nature as not to admit of immediate performance, if he do not give sufficient security to make sugh satisfaction, or evidence that he will do so, then the justice or police magistratemay commit the appren- tice tothe common gaol for any time not exceeding three months, and such imprisonment shallnot release the apprentice from the obligation to make upthelost timetothemaster. 40 V.c.26,8. 20. } XXI. Where the apprentice has not left Manitoba, or having ‘ left Manitoba, has returned thereto, the master shall not pro- ceed against the apprentice under this Act, except within the three next years next after the expiration of the term for which the apprentice contracted to serve, or next after his re- turn, as the case may be. 40 V. c. 26, s. 21. APPRENTICES AND MINORS. Chap. 40. 635 XXII. Any person who knowingly harbors or employs an Harboring absconding apprentice, shall pay to the master of the the apprentice, the full value of the apprentice’s labor, and such value shall be what the master would have received from the labor and service of the apprentice, if he had continued faithfully in his master’s service, and the master may recover: the same in any court having jurisdiction where the apprentice has been employed, or where the master resides. 40 V. c. 26, 8, 22. apprentice. XXIII. If any apprentice becomes insane, or is convicted of Indenture a felony, or is sentenced to the penitentiary, or absconds, his ee master may, within one month then next ensuing, but not up- wards, avoid the indenture of apprenticeship from the time he gives notice in writing of his intention so to do, to the other parties to the indenture, either by serving them with the notice or a copy thereof, or by inserting the same in the Manitoba Gazette, or in a newspaper of the city or county where the master’s establishment is situated. 40 V.c. 26, s. 23. s APPEALS. XXIV. Either party may appeal to the assizes from the de- appeats. eision of a justice, or police magistrate, in any matter arising under this Act, in manner provided for in case of summary convictions ; and the said court of assize when called upon to adjudicate.upon an appeal in any manner arising under this Act, may quash the conviction or make such order as the facts and as the law and practice demands. 40 V. c. 26, s. 26. XXV. There shall be an appeal to any judge of the court How made. of Queen’s Bench in Chambers, from any order made by a jus- tice or a police magistrate, cancelling or varying an indenture of apprenticeship, or cancelling the appointment of a guardian, or a conviction in"any other matter arising under this Act; which appeal may be by a short summary petition, a copy : whereof shall be served on the opposite party within ten days from the day upon which judgment was rendered, unless a judge of the court of Queen’s Bench allow [further time ; and the petition shall be returnable upon the fourth day after the day of service thereof: the judge in granting further time, may impose such terms as to further evidence, costs and other- wise as he shall see fit: the adjudication un the. appeal may, or may not, be a trial de novo as to the judge shall seem pro- per. 40 V.c. 26,8. 27. XXVI. Such judge upon consideration of the evidence taken, Costs. er to be by him taken, upon the re-hearing, may make such order in the premises, and as to costs and otherwise, as he may consider fitting; and in any such adjudication in appeal, he may, in his discretion, permit further evidence, either written or oral, to be adduced, upon such terms as he considers just. 40 V.c. 26, s. 28. 636 Charitable societies. Contracts of service to be in writing. f Penalties for breach of contract and refractory conduct, Chap. 41. MASTER AND SERVANT. XXVII. The Lieutenant-Governor in council may authorize any charitable society, incorporated or unincorporated, to exer- cise for a limited time, or otherwise, the powers conferred by - this Act, and may revoke or suspend any order in council, made for that purpose; and after such revocation such society shall not possess the authority to exercise such powers unless, ie again authorized by order in council. 40 V. ¢. 26, 8, 29, XXVIII. This Act may be cited as “he upprentice and minors’ Act.” CHAPTER XLI. An Act respecting master and servant. Centrante of service to be in writing, ee “eats before whom to be made, ' s. 6. . s.1, Penalties for breach of contract and] Disposal of fines, s. 7. refractory conduct, s. 2. Complaints against employees, s. 8. Desertion of service, s. 3. Want of form not to invalidate pro- Penalties extend to contracts made ceedings, 8. 9. 2 out of Manitoba, s. 4. Time within which prosecution must Harbouring servants, s. 5. be made, s. 10. | How Act may be cited, s. 11. HER Magzsty, by and with the advice ard consent of the Legislative Assembly of Manitoba, enacts as follows : I. Every contract of hire for personal service, for a period “more than a year,shall be ia writing signed by the party charged therewith. 34 V.c. 14,5. 1. ITI.. Any clerk, or journeyman, or apprentice, or servant, or laborer, engaged or bound or hired, either by a written con- tract or agreement, or by a verbal agreement, for any period of time, who is guilty of ill-behaviour, drunkenness, refractory conduct or idleness, or of deserting from his service or duties, or of absenting himself by day or night without leave, from his said service or employment, or from the house or residence of his employer, or who refuses or neglects to perform his just duties, or to obey the lawful commands which may be given him by his master or mistress, or who is guilty ot dissipating his master or mistress’ property or effects, or of any unlawful act that may affect the interests of his master or mistress, shall be liable, upon conviction thereof, before any justice of the peace or stipendiary or police magistrate, to a penalty not ex- ceeding twenty dollars, besides costs; and in default of pay- ment of said penalty and costs, with or without delay, to be imprisoned in the common gaol of the Province, or of the county wherein he shall be tried, for a period not exceeding two calendar months, unless the said penalty, together MASTER AND SERVANT. Chap. 41. 637 with the costs and the costs of apprehension and conveyance of said delinquent to the common gaol where he is condemned ‘to be imprisoned be sooner paid. 34 V.c. 14, s. 2. III. Any domestic servant, journeyman or laborer engaged And for deser- by the month, or longer or shorter space of time, or by the tom ofservice piece or job, who deserts or abandons the service or job, or who neglects or refuses to perform the job or work for which he was engaged, before the time agreed upon, or before the completion of his agreement, shall, for each offence of such na- ture, be liable to like pains and penalties as provided in the next preceding section. 34 V.c¢. 14,5, 3. IV. Any clerk, or journeyman, or apprentice, or servant, or Penalties, laborer engaged, bound or hired, as provided for in the second Outen 4 req section of this Act, in any part of the Dominion of Canada, or mother, in any part of the United Kingdom of Great Britain and Ire- and countries land, or in any foreign country,for any period of time, for ser- this Evovince, vices, work or labor to be rendered or performed in this Pro- vince, shall be as fully bound by such agreement as if the same were made and entered into in this Province, and shall be liable to all the pains and penalties as provided in the second and third sections of this Act: provided always that at the time of entering into such engagement he was clearly engaged to serve in this Province, or to perform such work, job or con- tract in this Province: and provided also, that nothing in this Act contained shali prevent any employer from recovering, by due course of law, from any person who shall forfeit his en- gagement, or neglect or refuse to perform his duties as set forth in any such engagement, and as provided for in this Act, repayment of all monies paid out for passage or other expen- ses incurred by any employer in bringing up any clerk or journeyman, or apprentice, or domestic servant, or laborer to this Province, and all damages resulting to any employer from ill-behaviour, or neglect, or refusal of any person mentioned in this Act, to fulfil his engagement or to perform the job, or work, or labor for which he was engaged, in addition to any fine or penalty provided for in this Act. 34 V.c. 14,5. 4 V. Any person knowingly harboring or concealing any ap- Harboring prentice orservantengaged by written contract oragreement, or by 87 ’2n's- a verbal engagement, who has abandoned the service of his master or mistress, or instigating any apprentice or servant to abandon such, or keeping such apprentice or servant in his or her service after being notified or informed of the fact verbally, or in writing, shall be liable to a penalty not exceeding twenty dollars, besides costs, or to an imprisonment not exceeding thirty days for each otfence, upon conviction thereof before any justice of the peace or stipendiary or police magistrate : but nothing in this Act contained shall prevent any person of- fending against this section of this Act from being prosecuted for damages by any person interested, over and above the penalties herein set forth. 34 V.c. 14, s. 5. 638. Chap. 41. MASTER AND SERVANT. Complaints, VI. Any complaint founded upon contravention of any of beard. ""°™ the provisions of this Act, may be heard and determined be- fore any justice of the peace, stipendiary or police magistrate, (or before any court having jurisdiction in this Province) who may, by warrant or summons, require the attendance of the offender before him, may determine such complaint in a sum- mary manner, and may, if the offender be convicted, sentence such offender to the penalty, or imprisonment for the offence as provided in sections two and five of this Act, and may com- mit such offender to gaol accordingly, or levy such penalty and all costs by warrant of distress and sale of the offender’s goods and chattels. 34 V.c. 14,8. 8. Bispiaatiat VII. All pecuniary penalties imposed by this Act, shall be fines. handed over to the Provincial treasurer. 384 V.c. 14,8. 9. Complaints VIII. Any person in the employment of another, and having against es. just cause of complaint against his employer, or master or mis- 1 tress, may, on complaint upon oath to that effect, laid before any justice of the peace or police magistrate, cause such em- ployer to be summoned to answer to such complaint; and such complaint, if well founded, shall entitle such complainant to be discharged from his employment ; and the justice may order the employer or master to pay such complainant one month’s wages over and above the amount then actually due him, together with costs of prosecution ; the sarne to be levied of the goods and chattels of such employer or master ; and in default of sufficient distress, he may commit such master or employer to be imprisoned for any time not exceeding two months, unless the sums for which he is convicted and all costs be sooner paid. 34 V.c. 14,8. 10. Want ofform IX. No prosecution, or complaint, or conviction, or any pro- oomnee pro- ceeding under this Act, shall be considered defective on account ceedings. —. of want of form, nor shall any such proceeding be quashed, or set aside for want of form so long as the general provisions of this Act are complied with, and the proceedings{taken there- under carried out in good faith. 34 V.c. 14,s. 11. Time within X. Prosecutions for offences under this Act, shall be com- poet be com- menced within six months after the offence has been committed msnced and not after ; and on the trial of any complaint or any mat- ter or question arising under this Act, both parties shall be. competent to give evidence and shall be admitted as competent witnesses. 384 V. c. 14,5. 12. . Short title. Al. This Act may be cited as “ The masters’ and servants’ Act.” HALF-BREED LANDS. Chap. 42. CHAPTER XLII. An Act respecting half-breed lands. AGREEMENTS— Agreements respecting half- breed lands made from 28th February, 1874, to lst July, 1877, void,s. 1. ~ Proviso, making the same valid on certain conditions, s. 1. Section one to take effect from and after 28th February, 1874, s. 2. Proviso disability shall cease after lst Ju y, 1877, 5. 2. Children of half-breeds of eighteen years with consent of father and mo- ther may convey lands granted children of half-breeds, s. 3. Child to appear and be examined apart as to his consent to depart with his lands, s. 3. Judge or justice to certify, s. 3. Form of certificate, s. 3. In certain cases child may convey as if both parents were living, s, 4. Certificate to be prima facie evidence of the facts therein contained, s. 6. Not necessary for judge or justices to certify attestation of execution, s. 7. This Act may be cited as “ The half- breed lands Act,” 8, 8. ® 639 Whereas, by the provisions of the Act 33 Vic., Cap. 3, of the Preamble. statutes of Canada, known as the Manitoba Act, one million four hundred thousand acres of land in the Province of Mani- toba, were appropriated by the Parliament of Canada for the children of half-breed heads of families, to be granted in such mode, and on such conditions, as the Governor-General in coun- cil should, from time to time, determine; and whereas, the Governor-General did by order in council, dated the 25th day of April, 1871, establish and publish the mode and conditions of the divisions of the said grant, and said order in council has since been specially confirmed by section one hundred and eight of the Dominion Lands Act; and whereas, in consequence of the surveys in this Province not permitting the distribution of the said lands, in manner as established by the order in coun- cil mentioned, a distribution has not yet been effected, and in the meantime very many persons entitled to participate in the said grant, in evident ignorance of the value of their individual shares, have agreed severally to sell their right to the same to speculators, receiving therefor only a trifling consideration ; and whereas, it is expedient to discourage the traffic now go- ing on in such rights, by protecting the interests of the persons entitled to share as aforesaid, until the patent issue, or allot- ment be made of their respective portions ; therefore, Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : I. No promise or agreement, verbal or in writing, made by agreements any half-breed, previous to the issue of the patent, or to the Pee ccuete allotment, and receipt by him or her, as the case may be, of and Ist July, the same or publication of the allotment, either for or without ee a money consideration, to convey to any person -after the pa- tent shall issue, or the allotment be made,’ the title of such child of half-breed, in the portion of the said grant which may fall to his or her share, shall be binding on such child of half- breed, and no damages shall be recoverable against him or her, 640 Deeds made after this Act ‘shall be legal transfer to urchaser of alf-breed lands. Children ot full age of 18 with consent of father;and mother may convey lands, Proviso. Mit Zz Chap. 42. HALF-BREED LANDS, either at law, or in equity, by reason of his or her refusing te carry out such promise or agreement: provided always that unless the child of half-breed having agreed to sell or‘has sold his or her right, title and interest, in such grant of land, and having received therefor a money or other consideration, do return to or tender the purchaser thereof, the full consideration of the purchase money (if such consideration has been in goods, the reasonable and fair value thereof) and such expenses as the said purchaser has incurred in the transaction, with inte- rest charged thereon at the rate of 12 per cent. per annum, within three calendar months from the 14th day of May, 1875, such bargain, if in writing, shall be valid, and such, child of half-breed shall assign by a good and sufficient title to the pur- chasers aforesaid, the said lands so to be granted, within three calendar months after the receipt of the patent from the crown, or the publication of the allotment. 37 V.c. 44,5. 1; 38 V.e. 37, s. 1. II. The next preceding section shall take effect and have operation from and after the 28th day of February, 1874: Pro- vided always, that for and notwithstanding anything in the said next preceding section contained, any sale for a valuable consideration, and duly made and executed by deed, from and after the first day of July, 1877, by any child of half-breed, having legal right to a portion of land out of the one million four hundred thousand acres of land in the Province, set apart for the children of half-breeds by the Parliament of Canada, of such portion, shall be legal and effectual for all purposes what- soever, and shall transfer to the purchaser the rights and estate of the vendor thereto and therein. 40 V.c. 5,s. 1. III. From and after the second day of February, 1878, such child being of the age of eighteen years, shall be able as fully and effectually to all intents and purposes, to sell, alien, depart with, grant or convey, or empower any other person or persons, for him or her , to sell, alien, depart with, grant or convey, his or her portion of, or interest, in the said one million four hun- dred thousand acres of land, to any person or persons whom- soever, as if such child were ot the full age of twenty-one years, any law and usage to the contrary notwithstanding : provided, nevertheless, that no such sale, alienation, grant or conveyance directly made by such child, and no such authority to another to sell, alien, depart with, grant or convey, for such child, his or her portion of, or interest in, said lands, shall have any force, unless made or given with the knowledge and consent of the father and mother of such child, if both parents be living and such child be unmarried, or with the knowledge and consent of the surviving parent, if only one parent be living, and such child be unmarried, or with the knowledge and consent of the wife or husband of such child, if such child be or have been married, and such wife or husband be living—such knowledge and consent to be shown, in any of the above cases, by deed executed by such parents or parent, wife or husband, as the HALF-BREED LANDS. Chap. 42. 641 case may be, and by such child: provided also, that no such Judge or jus- sale, alienation, grant or conveyance, directly made by such Va aaa child, and no such authority to another to sell, alien, depart oe ey is with, grant or convey, for such child, shall have any force, un- sell BE Cones less such child shall appear before one of the judges of the?" court of Queen’s Bench or a judge of a county court, or a jus- tice of the peace for the county wherein such deed is executed, and such judge or justice examine such child, if unmarried, se- parate and apart from his or her parents or surviving parent, or, if married and a female separate and apart from her hus- band, respecting such child’s free and voluntary consent to sell, alien, depart with, grant and convey, or empower another or others to sell, alien, depart with, grant or convey, for him or her, his or her said portion of, or interest in, said lands, and such judge or justice, do within one month after the execution of such deed, certify on the back or some other part thereof to the following effect : I, (inserting the nume) do hereby certify that on this Form of certi- ‘ day of at A. B., of judge eee child (or wife) of , one of the parties in the fice, to ea. a within deed named, appeared before me, and that the said child was this day duly examined by me apart from his (or her) father and mother (or father, or mother or husbend, as the case may be), and did give his (or her) consent to sell (er con- vey or empower the within mentioned C. D. to sell or convey, or us the case may be) his (or her) estate in the lands mention- ed in the said deed, freely and voluntarily, and without coer- cion, or fear of coercion, on the part of his (or her) father or mother (or husband) or of any other person or persons whom- soever ; and that from such examination, I have no doubt of the willingness of such consent. 42 V.c. 11,8. 1. IV. In every case in which any child,empowered by this Incertain cases child Act to alien; depart with, grant and convey his or her portion may convey of said land, hath, before the passing of this Act, executed a3sieeet" deed of conveyance of the same, with the knowledge and con- livins. sent of his father alone, such deed, if the mother of such child were dead at the time of the making thereof, shall be consider- ed to have always been, and shall hereafter be, as valid and effectual to alien, depart with, grant and convey the interest of such child in said land, as if both parents were living at the time of the making thereof, and such deed were made with the knowledge and consent of both the father and the mother of proviso, such child, provided such child has been examined before a judge or a justice of the peace, certified on such deed of con- veyance. 42 V.c. 11,8. 2. ; V. If any such child, empowered by this Act to alien, depart Child free ana with, grant and convey his or her said portion of said land, consent.” have, before the passing of this Act, with the knowledge and consent of his or her parents, if living, or of the surviving pa- rent if one were dead, executed, with his or her parents or sur- At 642 Chap. 43. _ LUNATICS, viving parent, any deed, authorizing any other person or per- sons, for such child, to alien, depart with, grant or convey to any person or persons (whether such person or persons be named in such deed or not) such child’s portion of said land, and if such child have been examined separate and apart from his or her parents, before one of the judges of the court of Queen’s Bench or any judge of the county court, or before any justice of the peace, respecting such child’s free and voluntary consent to convey his or her said land, or to authorize another to convey the same for him or her, and such child shall have freely and voluntarily consented to the same, of which consent a certificate of such judge or justice endorsed on said deed within a month after the execution thereof, showing such con- sent, or in the form given in section three of this Act or to the like effect, shall be prima facie evidence, then and in every such case, any deed, executed either before or at any time after the passing of this Act by, the party so authorized, without any further knowledge and consent of either parent or child than that before mentioned, and without either such parent joining in such last mentioned deed, and without any further examination of such child, or certificate, than those held or given in respect of such deed first mentioned, shall be as effectual to convey such child’s portion of, or interest in, said land as if executed by such child, and as if this Act had been in every respect complied with. 42 V.c 11,8. 3. . feoetingate fp VI. Every certificate given under the third section of this e prima facie . ie : , : -- : evidence. Act, shall be prima facie evidence of the facts therein contain- ‘ed. 41 Vic 20,8. 2. o Notnecessary VIF. It shall not be necessary for any judge or other person, to conuy °X* who may certify, to attest as a subscribing witness the execu- sees tion of any deed, upon the back of which he may certify. 41 V.¢. 20, s. 3. How cited. VUIL This Act may be cited as * The half-breed lands A ct? CHAPTER XLII. An Act respecting lunatics, persons ion compas ments and Drunkards. Jurisdiction of court. of Queen’s Bench| When personal property insufficient, in the case of lunatics, idiots and s. 11 yee of unsound mind, 8. 1 When rents of real property insuffi- e anitg of the word “lunatic,” s. 2. cient, s. 12. Issue oF commission, court shall de-| When assets are mortgages, s. 13. termine, s. 3. : 4 whee conveyance of committee valid, may hear casc, 8. 4. ge s. 14. Within on without jurisdiction, court] Court may compel specific perform- may order commission, s. 5. ance of contracts, s. 15. . Order may be moved against, 8. 6. Court may declare a person & lunatic, - Alleged tunatic to be produced, s. 7. s. 16. . Costs, 8. 8 Costs, s. 17. Court may regulate practice, s. 9. Form of proceedings, 8. 18. , Protection of property, s. 10. LUNATICS. Chap. 43. 643 DRUNKARDS, &¢C.— Interdicted persons relieved on a pro- Drunkards proven such, 8. 19. per case made out, 8. 25. ; Application to be by petition before uj List of persons interdicted to be posted judge, s. 20. in office of prothonotary,s. 26, : Mode of procedure on petition, ». 21. Contracts with interdicted persons Petition to state facts, 8. 22. void, 8. 27. ; Person petitioned. against may by| On application judge to order curator himself or other person resist, Ss. 23. to account, &c., 5.28. ’ Interdicted,s 24. Curator to be subject to criminal law, 8. 2! Whereas it is expedient to make ‘provision in respect of lunatics, idiots, and persons of unsound mind, and their pro- perty and estates, and to remove doubts as respects the juris- diction of the court of Queen’s Bench in this Province, in re- spect of the same: therefore, Preamble. Her Masesry, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : I. In the case of lunatics,.idiots and persons of unsound jurisdiction mind, and their property and estates, the jurisdiction of the gicgurtof court of Queen’s Bench in this Province, shall include those Bench. matters which in England are conferred upon the lord chancel- lor by a commission from the crown under the sign manual. 40 V.c. 23,58. 1. II. The word “lunatic” is used in the sixteen subsequent sec- «Lunatie.” tions of this Act, as including an idiot, or other person of un- sound mind, 40 V.c. 23, s. 2. TU. When,a commission has been issued and an inquisition resue or thereupon returned into court, by which a person is found commission. lunatic, in case any one entitled to traverse the inquisition, de- sires to do so, he may within three months from the day of the - returning and filing of the inquisition, present a petition for that purpose to the court or judge, and the court or any judge thereof, shall hear and determine the petition, ‘subject to the Court shall following provisions : peer (a.) In évery order giving effect to such petition the court or Time to give judge shall limit a time, not exceeding six months from the + date of the order, within which the person desiring to traverse, and all other proper parties shall proceed to the trial of the traverse ; but the court or a judge may, under the special cir- cunstances of any case, and upon a petition being presvnted for that purpose, and upon the circumstances being substan- tiated upon aftidavit, allow the traverse to be had or tried after the time limited, and in such special case, the court or judge may make such special orders as seems fit ; (b.). The trial may be ordered to take place in the said court, Time and before the said court or any judge thereof, at such place and at P!8%e ot tril. such time and with or without a jury, as the said court or a judge thereof shall order, according to the circumstances of the case and the situation of the parties ; 644 Chap. 43. LUNATICS. Bond. (c.) The court or a judge may order that the person to tra- verse, if he is not the party who has been found lunatic, shall within one month after the date of the order, file with the clerk of the court a bond with one or more sureties in favor of : the clerk of the court for the time being, and conditioned for all proper parties proceeding to the trial of the traverse with- in the time limited—such bond before the filing thereof being approved of by the said clerk of the court ; Failuretopre- (c/.) very person who does not present his petition, or who. “Sent Petition neclects to give the security (if ordered), or who does not pro- ceed to the trial of traverse, within the times respectively lim- ited therefor, and the heirs, executors and administrators of every such person, and all others claiming through him, shall be absolutely barred of the right of traverse, 40 Vic. 23, 8. 3, Judge may IV. In all cases, instead of a commission of lunacy to be : "issued under the foregoing sections, the court in lieu thereof may, with or without the aid of a jury, as it or any judge shall think proper, on a petition filed for that purpose, setting forth the grounds on which the application is made, and the rela- tion, reason or connection of the petitioner to, of, with, or in respect of the alleged lunatic and his property and estate, hear evidence and inquire into and determine upon the alleged lun- acy ; and every such inquiry shall be confined to the question, whether or not the person who is: the subject of the enquiry, is at the time of such inquiry, of unsound mind and incapable of managing himself or his affairs, and the judgment of the court (or in case the trial take place before a jury, the verdict of the jury certified by the judge before whom the trial is had, returned into and filed in court) shall be final as to the ques- tion of such inquiry, unless the same shall be set aside. 40 V. ©, 23,8. 4. Withinor —-V. Such petition may be presented and trial had, as in the doen’ ""* last preceding section mentioned, whether the alleged lunatic is within or without the jurisdiction of the court, and an office copy of the said petition with a notice of hearing or the trial thereof, as the case may be, and of all subsequent proceedings, may or may not be served on the alleged lunatic, or on some or any other person in his behalf, as the court or any judge thereof shall order or direct; and the court or any judge may order the issue of a commission to take evidence to be used on Court may any such hearing or trial, as in any ordinary suit before the mission. — court ; and all depositions taken thereunder, shall be received in evidence on any such hearing or trial (saving all just ex- ceptions) ; and upon the question ‘of lunacy being determined, in the manner aforesaid, in the affimative, the court or a judge shall forthwith appoint a committee to the lunatic, or to the estate of the lunatic, or to both, according to the practice of the court in that behalf. 40 V. c. 23, s. 5. May move VI. Incasethe court declares a person a lunatic without issuing against order: +},6 egmmission mentioned in the first section of this Act, any LUNATICS, Chap. 43. 645 person who might traverse an inquisition, tu the sane effect may move against the order containing the declaration of lun- acy, or may appeal therefrom to the court in banco, or move for a new trial, as the case requires ; and the right so to move or appeal, shall, as to time, be subject to the same rules as those mentioned in this Act, as to the right to traverse ; and in any case of trial by the aid of a jury, the court shall, as in all other trials by jury in the said court, have power to grant new trials. 40 V. ¢, 23, s. 6. VIL. On every such inquiry the alleged lunatic, if he be ee within the jurisdiction of the court, shall’ be produced and be duced. examined at such times and in such manner, either in open court or privately, as the court or judge, or presiding judge in a jury trial, may direct, unless the court or judge ordering such inquiry, shall in the same order, or in some subs2quent order, dispense with such production and examination. 40 V. ¢, 23, 8. 7. VIII. The court may order the costs, charges and expenses Costs, of, and incidental to the presentation of any petition for a com- mission of lunacy, or any inquiry, inquisition, issue or traverse or other proceeding in lunacy, to be paid either by the party or parties presenting such petition or prosecuting the same, or such inquiry or other proceeding in lunacy, or by the party or parties opposing the same, or out of the estate of the alleged lunatic, or partly in one way and partly in another. 40 V.¢. 23, 8. 8. IX. The court shall have the same powers of regulating the poets ed practice in matters of lunacy, and in all matters under this practice. Act, as in other cases within the jurisdiction of the court; and the court may order substitutional or other service of proceed- ings or notice thereof, or wholly dispense with the same. 40 Vic. 23, 8. 9. X. In order to afford due protection to the property and protection of estate of lunatics, the following provisions shall, in every case Property. be observed, unless the court or a judge shall, on a special case made for that purpose, by order modify, alter or dispense with the same, or some part thereof ; (a.) The committee of the ests'e shall give two or more per- sons as sureties in double the a1: »unt of the personal estate, and of the annual rents and profits .! the real estate, for duly ac- counting for the same, once in «very year or oftener if required by the court, and the security shall be taken by bond or recog- nizance in the name of the clerk of the court for the time be- ing, in such manner as the court or any judge may direct, and the same shall be filed in the office of the court; ~ (6.) The committee of the estate shall, within six months < after being appointed, file in the office of the court a true in- 646 Chap. 43.” LUNATICS, ventory of the whole 1eal and personal estate of the lunatic, stating the income and profits thereof and setting forth the debts, credits and effects of the lunatic so far as the same have come to the knowledge of the committee ; (c.) If any ploperty belonging to the estate be discovered after the filing of an inventory, the committee shall file a true account of the same, from time to time,.as the same is discov- ered ; and .(d.) very inventory shall be verified. by the oath of the committee. 40 V. c. 23, s. 10. a When person- XJ]. Whenever the personal estate of a lunatic is not suffi- al property insufficient. When rents cient for the discharge of his debts, the following steps may be taken : (a.) The committee of the estate shall petition for authority to mortgage, lease or sell so much of the real estate as may be necessary for the payment of such debts ; (b.) Such petition shall set forth the particulars and the amount of such estate, real and personal, of the lunatic, the ap- plication made of any personal estate, and an account of the debts and demands against the estate ; (¢.) The court shall by its clerk, or otherwise, inquire into the truth of the representations made in the petition, and hear all the parties interested in the real estate ; (d.) If it appears to the court that the personal estate is not sufficient for the payment of the debts, and that the same has been applied to that purpose as far as the circumstances of the case render proper, the court may order. the real estate or a sufficient portion of it, to be mortgaged, leased or sold, either by the committee or otherwise ; (e.) The court shall direct the committee to discharge such debts, out of the money so raised, and the court may order the committee to execute good and valid mortgages or conveyances of the estate, and to give security for the due application of the money, and to do such further acts as may be necessary, in such manner as the court may direct ; and, (f.) In the application of the moneys so raised, the debts shall be paid in equal proportions, without giving any prefer- ence to those which are secured by sealed instruments or other- wise. 40 V.c. 23,8. 11. XIE When the personal estate and the rents, profits and in- of realproper- cgme of the real estate of the lunatic are insufficient for his ty insuffici- ent. maintenance, or that of his family, or for the education of his children, or when for any other cause it shall appear desirable. so to do, an-application may be made by the committee, or by LUNATICS, Chap. 43. 647 any member of the family of the lunatic, that the committee be authorized or directed to mortgage or sell the whole or part of the real estate of the lunatic; and if, after inquiry, in like manner as is mentioned in section eleven, sub-section three, the court shall think it for the advantage of the lunatic, or of his estate, so to do, the court may order the mortgaging or sale of the whole or part of the real estate of the lunatic, and direct the application of the proceeds in such manner as the court shall see fit; and in any such case the committee shall have full power and authority to execute good and effectual mort- gages or conveyances of the estate so ordered to be mortgaged or sold as aforesaid. 40 V. c. 23,5. 12. _ XJIL When a lunatic is seized or possessed of real estate by when assets way of mortgage or as trustee for others, in any manner, the a%¢ mortgas- committee may apply to the court, or to any judge thereof, for authority to convey such real estate to the person entitled thereto in such manner as the court may direct; and there- upon the like proceedings shall be had as in the case of an ap- plication to sell the real estate; and the court, upon hearing all the parties interested, may order a conveyance or other disposition to be made ; and on the application, by bill or pe- tition of any person entitled to a conveyance or other instru- ment, the committee may be compelled by the court, after hearing all parties interested, to execute the conveyance or other instrument. 40 V. ¢. 23,5. 13. XIV. Every mortgage, conveyance, lease and assurance OF eonveyance other instrument made by the committee under the direction valid. of the court, pursuant to any of the provisions of this Act, shall be as valid and as effectual as if executed by the lunatic when of sound mind. +0 V. c. 23,5. 14. XV. The court may compel the specific performance of any contract made by a lunatic, while capable of contracting, and may direct the committee to execute all necessary deeds or conveyances for the purpose , and the purchase money or so much thereof as remains unpaid, shall be paid to the commit- tee, or otherwise as the court directs. 40 V.c. 28,5. 15. XVI. The cowt or a judge may, on sufficient evidence, in a court may de- summary way, declare a person a lunatic, without the delay or °!#"¢ Mnatic. expense of issuing a commission to inquire into the alleged lunacy, except in case of reasonable doubt. 40 V.c. 23,s. 16. XVII. The court or a julge may order any expenses or costs. costs of and relating tv the said petitions, orders, directions and conveyances, to be paid and raised from the lands, rents or personal estate of the lunatic, in respect of which the same -were respectively incurred, made or caused, in such manner as the court or judge thinks proper. 40 V. c. 23, s. 17. 648 Drunkards. By petition before a judge. On petition mode of procedure. Petition to state facts. -May resist the petition. nterdicted. Chap. 43. DRUNKARDS. XVIII. In the proceedings aforesaid the petition and papers may be entitled as follows :— In THE QUEEN’s Bencu, IN EQUITY, In the matter of A. B. of gentleman (or as the case may be), &e, DRUNKARDS, ETC, XIX. Any person who is proven before a competent court to be an habitual drunkard, shall not have a right to manage or dispose of any real or personal estate. 35 V.c. 17,5. 1. XX. Any such person may, on petition by her or his hus- band or wife, or by any blood relation, or by any relation by marriage, or by any public officer, presented before any judge of the court of Queen’s Bench —in or out of term—be declared unable to manage any business, and may be interdicted, and declared incompetent to transact any business whatever. 35 Vie TF, 8. 2. XXI. On presentation of a petition, which may be in form A to this Act, before any judge of the court of Queen’s. Bench, he shall cause to be summoned before him the said alleged drunkard and the nearest friends and relations or neighbors of the party sought to be interdicted, and shall take or cause to be taken in writing the evidence under oath of all such wit- nesses ; and after such proof, if the judge is satisfied that. the party petitioned against is an habitual drunkard, and is not able to manage his own affairs, he may declare any such per- son interdicted, and may appoint a proper person to manage the estate of any such person, as if such person were a minor ; and such person shall thereafter be considered for all legal purposes a minor, 35 V.c. 17, 8. 3. XXII. No petition shall be received by any judge, unless such petition shall set forth clearly the facts intended to be relied on, and is attested on oath by the petitioner and at least two credible witnesses, as shewn in form A to this Act. 35 V. ec. 17, 8. 4. XXIII Any person petitioned against, or any one acting for him, may resist the granting of such petition, and may join issue with the plaintiff and produce evidence im his own be- half. 35 V.c. 17,5. 5. XXIV. Any person interdicted, if confined by the order of the court or judge, as he may be in any place the court or judge may think proper, shall be visited at least once in every month by the sheriff of the county; or by any clergyman the court or judge may order ; and at any time, any duly licensed medical. man may, on petition, cause such person to be examined before ~ DRUNKARDS. Chap. 43. 649 any judge of the court of Queen’s Bench, and if found sane and safe to be freed from espionage, such person shall be discharg- ed ; and if, in the judgment of the judge, he is able, shall be restored to all his legal rights. 35 V.c. 17,8. 6. XXV. Any person interdicted on account of habitual drunk- Or drunken- enness may,on proof to the effect of such person having refrain- ed from drunkness for full twelve months, be declared by any judge of the court of Queen’s Bench restored to all his legal rights. 35 V.c. 17, s. 7. XXVI. The prothonotary of the court of Queen’s Bench shall List or per- cause to be written up in his office a list of all persons inter- sone invers dicted under this Act, together with the date of such inter- diction, and any other information that will tend to describe such person ; and on any such person being restored to his legal rights as provided for in this Act, the name of such per- son shall be erased from all such lists, and a notice of his re- storation to his rights be placed opposite such erasure. 35 V. c. 17,8. 8. XXVII. Any contract, bargain, sale or business transaction Contracts te whatever entered into with any person interdicted under this”®¥°!*- Act, until such interdiction be removed in manner aforesaid, shall be absolutely null and void,and of no effect. 35 V. ¢. 17, s. 9. : XXVIII. On the request in writing of any of the relations curator to be or friends of any interdicted person, or without such applica-*PPointed: tion, any judge of the court of Queen’s Bench, may order the person appointed to administer the estate of such person, to make a return of his transactions, and show the actual state of the estate, any any and all information touching the premises, that to the judge may seem proper. 35 V.c¢. 17, s. 10. XXIX. Nothing in this Act shall be deemed or understood curator to be to prevent any person who, as a curator or trustee to any es-Suplectto tate under this Act or otherwise, and who commits any offence that would render him liable to be punished under the criminal law of Canada, from being so punished. 35 V.c¢. 17, s. 11. - FORM A.—(Referred to in section 27. To the honourable the chief justice or any of the justices of the court of Queen’s Bench for Manitoba: The petition of the undersigned (name, quality and degree of relationship of the petitioner, or otherwise, as the case muy be), humbly sheweth : That A. B. being (here state the fact,) Wherefore, your petitioner humbly prays that your Honors 650 Chap. 44. FRAUDS AND PERJURIES. may order the said A. B. to be brought before you or any of you, and on proof as required by law in that behalf, may be pleased to grant the prayer of this petitioner, and pronounce judgment interdicting the said A. B. according to law. And your petitioner will ever pray. C. D. I, C. D,, the petitioner above named, being.duly sworn, do depose and say that all the facts alleged and set forth in the above petition are true, and that the same is not made with any other object than for the purpose of obtaining justice in the premises. Sworn before me at tT in the county of this C. D. day of 18 j A commissioner, etc. We, the undersigned, having been duly sworn, depose and say that we are acquainted with the petitioner and that to our knowledge all the facts set forth in the above petition are true. Sworn before me at . in the county of this EF day of 18 ' @QH A commissioner, etc. t CHAPTER XLIV. An Act to prevent frauds and perjuries. FRAUDS AND PERJURIES— Course of procedure when parties to Transfer of lands to be in writing, s. 1. a contract cannot write, s. 4. Actions respecting lands brought only| Law as it stood in England on 15th on written contract, s. 2. ; — July, 1870, to continue, s. 5. Deed of Been considered deed of prin-| When have operation and how cit- cipal, s. 3. ed, s. 6. \ Her Masestry, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : - ‘Transfer of I. No interest in land shall, unless by operation of law, be _jands tor’ assigned, granted or surcendered, except by deed or memoran- dum in writing, signed by the party assigning, granting or surrendering the same. 34 V.c.3,s. 1. WILLS, Chap. 45. 651 II. No action shall be brought whereby to charge any per- Actions re- s + specting lands son on any contract for sale of lands, or any interest therein, prought only unless the agreement on which the action is brought, or some on written note or memorandum thereof, shall be in writing, signed by the party to be charged therewith. 34 V. c. 3,6. 2. IH. When any deed or contract is signed under written Deed by agent authority, it shall be considered as the act of the person giving deed of the authority. 34 V. ¢. 3, s. 3. princiapal. IV. When one or both of the parties to a contract, for sale, course, where mortgage or transfer of real estate, shall not be able to sign Pattiesio2 or write his or their name or names, his or their signature or sig- 40t write. natures, shall be attested by a witness or witnesses, who shall sign his or their own nameor names, as attesting witness or witnesses to such execution by the parties thereto. 34 V.c. 3.8. 4 V. Provided always, that nothing in this Act contained shall Law as it, change, alter or affect the law and the statutes existing and in tana on lath” force in England relative to “frauds and perjuries” on the 15th of July, 1870, to continue. day of July, 1870. VI. This Act, subject-as in the next preceding section men- When to have operation and tioned, shall have operation from the third day of May, 1871 ; how cited. _and may be cited as “The frauds and perjuries Act.” X CHAPTER XLV. An Act respecting wills. Wills by minors invalid, s. 1. s. 10. Wills must be written, signed and| How wills shall speak and take effect, witnessed, s. 2. 8s. 11 Publication not necessary, s. 3. Penalty for suppression of will, s. 12, Devises and bequests to witnesses} Meaning of the words “will,” ‘“de- void, s. 4. ek “codicil” and “bequest,” s. Wills the same whether the property Executors can prove will, s. 6. be real or personal, s. 14. Exceptions, s. 5. | Wills revoked by marriage, s. 7. Wills revoked by new will, s. 8. Holograph wills not subject to form Cancelling by drawing lines across no’ nor do they require witnesses, s. 15. invalidation, s. 9. Commencement of operation of Act Subsequent conveyances, &c., effect of, and howit may be cited, s. 16. * Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. No will made by any person under the age of twenty-one Wills of ite years shall be valid. 34 V.c. 4,5. 1. a a i. No will shall be valid unless it shall be in writing, sign- wills must be ed at the end or foot thereof by the testator, or by some other Written sisn- person in his presence and by his direction; and such signa- "essed. 652 Chap. 45. WILLS, ture shall be made or acknowledged by the testator in the pre- sence of two or more witnesses present at the time; and such witnesses shall attest and subscribe the will in the presence of the testator and of each other, but no form of attestation shall be necessary. 84 V.c.4,s, 2. Publication IIT. Wills executed as provided in the next preceding sec- notnecess2r¥: tion shall be valid without any other publication thereof. 34 Vic. 4,8. 3. Bevises 0 IV. Where an interest is given in a will to an attesting wit- void. ness of the will, the bequest.or devise to such witness shall be void; but the witness shall be competent to prove the will. 34.V.¢. 4,5. 4. Exceptionto -V. In cases where there are two competent witnesses besides the party so interested, the bequest or devise shallinot be void; but the will must be proved as if the witness interested had. not attested its execution. 34 V.c. 4,8. 5. oe VI. No person shall be incompetent to prove the execution of a will on account of having been named executor or execu- trix therein. 34 V.c 4, s. 6. Revoiga*y VII. Wills are revoked by marriage. 34 V.c. 4,s. 7. By new will, VIII. No wills shall be revoked otherwise than hereinbefore mentioned except by another and subsequent will, executed with the same formalities as are herein prescribed for making a will, or by destroying the will by the testator, with the in- tention of revoking the same. 34 V.c. 4,8. 8. Cancelling no i ‘AW 1 7 i i ancelling no TX. No cancelling by drawing lines across a will which has been duly executed, shall invalidate the will. 34 V.c. 4,8. 9. Subsequent X. No conveyances and changes effected or made subse- Sinerar** quently to the execution of a will, shall prevent the will from operating upon other property owned by the deceased at the time of his death. 34 V. c. 4, 8. 10. Application XJ. Wills speak and take effect as if executed immediately oliw lle: before the testators death. 34 V.c. 4,s. 10. Penalty for XII. Any person suppressing a will, shall forfeit, after the suppression. absence of thirty days, the sum of two hundred dollars for every month during which the suppression lasts. 34 V.c. 4, s, 12. Interpreta- XIII. The word “will” used in this Act shall include will, fon add devise, codicil, and all other testamentary instruments; and “devise.” the word “bequest” or “devise” shall include gifts by will, whether real or personal estate. 34 V.c. 4,8. 13. INTESTATES, XIV. There shall be no distinction between real and per- Nodistinc- Chap. 46. sonal estate as regards the formalities required in the execu- tion of wills, 34 V.c. 4, s. 13. XV. A holograph will, wholly written and signed by th testator himself shall be subject to no particular form, nor shall it require an attesting witness or witnesses. 34 V.c. 4,5. 13. XVI. This Act shall have operation from and after the commence- 3rd day of May, 1871; and may be cited as “The will Act.” CHAPTER XLVI. An Act respecting the estates of intestates. Liability of estate of intestates and exceptions, s.1. An intestate leaving widow and child- ren, 8S. 2. Leaving widow only, s. 3. Leaving child or children and ng widow, s. 4 Exception as to child or children por- tioned or otherwise provided for,s. 5. Issue, minors dying unmarried. por- tion distributed, s. 7. An intestate leaving no widow, child- ren or grandchildren, s. 8. On death of minor unmarried, por- tion, how distributed, s. 9. Posthumous children’s share, s. 10. Estate not dévised, s. 11. Time when Act has operation, s. 12. €@ Holograph No distinction of half blood,s. 6. How cited, s. 12. Her Mavesty, by and with the advice and consent of the Legislative assembly of Manitoba, enacts as follows: I, When any person shall have died intestate, either the real Liabilities of or personal estate of the deceased, or both, except in so far as fSiac0o0°R 4 either or both may be exempted by any law or enactment, exceptions. shall be chargeable with all legal debts, liabilities and funeral expenses. 34 V.c. 6,8. 1. II. If any intestate shall leave a widow and child or child- An intestate ren, one-third of his real and personal estate shall go v0 his /g2vingwt widow, and the remaining two-thirds to his child or to his children. children, in equal shares, and in case of the decease of any of his children, to such as shall legally represent them, such re- presentatives to take the share of the deceased parent in equal proportions ; and if there be no child of the intestate living at the time of his death, to his other lineal descendants ; and if all the descendants shall be in the same degree of kind- red, they shall share the estate equally—otherwise they shall take according to the right of representation. 34 V.c. 6,5. 2. IIL. If an intestate shall leave a widow and no isgue, his Leaving whole estate, real and personal, shall go to his widow ; and if ¥40¥ °™!y- there be no widow, the whole shall go to his father. 34 V. c. 5,8. 3. 654 Chap. 46. INTESTATES. Leaving IV. If any intestate shall leave a child vr children, and no no widow. Widow, his whole estate, real and personal, shall go to his child, or children in equal shares ; and if any of the children shall have died leaving issue, such issue shall take, according to their right of representation. 34 V.c. 6, s. 4. Exception to V. If any child of an intestate shall have been portioned or above. . * : . otherwise provided for by an advance in money, or in any other way by the intestate, in his lifetime, to an amount equal to the distributive share of the other children, he.shall be ex- cepted in the distribution of the estate ; but if any child of an intestate shall have been only in part so portioned or provided _ for, he shall have so much of the estate as will make his share equal to the share of each of the rest. 34 V.c. 6, 8. 5. No distine- VI. For the purpose of distribution of intestate estates it ton of hal Shall make no difference whether the relationship be by the half-blood, or by the whole blood, and posthumous children shall share equally with children born during the lifetime of the intestate. 34 V.c. 6, s. 6. Issue,minors, VII. Lf any intestate shall die, leaving several children, or Cope enact leaving one child, and the issue of one or more others, and:any distributed. such surviving child shall die under age, and not having been married, all the estate that came to the deceased child shall descend in equal shares to the other children of the same pa- rent, and to the issue of any such other children who shall have died, by right of representation. 34 V.c. 6, s. 7. Anintestate VIII. If.any intestate leave no widow, nor child, nor child- leaving no ren, nor any lineal descendant of any child or children, his ren or grand- whole estate, real and personal, shall go to his father; if he ene have no father, it shall go to his mother, brothers and sisters in equal shares ; if he have no father, brothers or sisters, his whole estate, real and personal, shall go to his mother; if he have no tather or mother, it shall go to his brothers and sisters in equal shares; or if any of his brothers or sisters be dead, their children shall take the parent’s share; and if any inte- state have no father or mother, or brother’or sister, or children of any brother or sister, his estate, real and personal, shall go to his next of kin, in equal degree, excepting that when there are two or more collateral kindred, in equal degree, but claim- ing through different: ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor who is more remote; but in no case shall repre- sentatives be admitted among collaterals, after brothers’ and sisters’ children. 34 V.c. 6,8. 8. On death of IX. If, at the death of such child, who shall die under age, vied. por- 2nd not having been married, all the other children of his pa- Hon, bey, retit shall also be dead, and any of them shall have left issue, : ’ the estate that came to such child by inheritance from his pa- rent shall descend to all the issue of the other children of the PERSONAL ESTATES. Chap. 47. 655 same parent; and if all the issue are in the same degree of kindred to such child, they shall have his estate equally, other- wise'they shall take according to the right of represention. 34 V.c. 6,8. 9. X: Any child born after the death of the father, there being Posthumous no provision made in his will for such child, shall have the like siasen interest in the real and personal estate of his father, as if he had died intestate, and all the devises and legatees in the will shall abate proportionately their respective devises and be- quests ; the share of the posthumous child to be set out and assigned by the court, so as to effect as little as possible the disposition of the property made by the testator. 54 V. ¢. 6, s, 10. XI. All such estate, real or personal, as is not devised in a Estate not will, shall be distributed as if the testator had died intestate.“V"°'™ , XI. This Act shall have operation from the 3rd day of May, Time when ; 5 Act h - 1871; and may be cited as “The Intestacy Act. tion. How cited. 1 CHAPTER XLVI. ? An Act respecting personal estates of small value, and the in- vestment of moneys hy executors, administrators and trus- tees, When estate does not exceed $300, s. 1. Letters ot administration, how ob- tained, s. 1. : Judge may require proof, s. 2. Judge to be satisfied of: value belore proceeding, s. 3. nul requisite to be framed by judges, s. 4. Fees to be paid, s. 5. A member of society to appoint suc- cessor, &. 6. a thc to be made in writing, s. 6. Next of kin to have remedy, s. 6. Personal property—what, s. 7. Not to prejudice. right of execution creditor, s. 8. Persons trustees or quasi who, s. 9. Where they may deposit money—may lend to best advantage, s. 9. Buildings to be kept insured, a. 9. Cannot invest in bank stock, s. 10. Transfer and release of mortgages by executors and administrators, s, ll. truastees— Her Massstry, by and with the advice and consent of the Legislative Assembly of Manitoba enacts as follows : ADMINISTRATION OF ESTATES or SMALL VALUE. I. Where the whole effects and estate of an intestate or tes- when estate tator, shall not exceed in value the sum of three hundred dol- ogee 2y$300 lars, his widow or any one or more of his children or next of , kin or executors may apply to a judge of the court of Queen’s Bench, and the prothonotary of the said court shall, on appli- cation by the same, fill up the usual papers required in that behalf, to lead to a grant of letters of administration or letters 1 ctors of testamentary of the estate and effects of the said intestate or ministration, 656 Chap. 47. PERSONAL ESTATES. testator, and shall swear the applicant and attest the execu- tion of the administration bond in the case of intestacy, accord- ing to the practice of the said court; and the said prothono- tary, on obtaining the approval or order of a judge of the court of Queen’s Bench, shall, in due course, make out and seal the letters of administration or letters testamentary of the estate and effects of the said deceased, to be delivered to the party so applying for the same, without the payment of any fee for the same, save as is provided by this Act. 39 V.c. 6, BL, How obtain- ed. Judgemay = IT. The said judge of the court of Queen’s Bench may re- quire Proo™ quire such proof as he may think sufficient to establish the identity and relationship of the applicant. 39 V. c. 6, s. 2. yudep ioe: LE Ie ee judge has reason to believe that the whole value before estate and effects of which the deceased died possessed, exceed proceeding. in value the said sum of three hundred dollars, he shall refuse to proceed with the application under this Act, until he is sat- isfied as to the real value thereof. 39 V.c. 6,5. 3. Rules ree «CLV. Any rules and orders requisite for carrying this Act into framed by operation shall be framed, and may, from time to time, be al- Jones tered by any two judges of the court of Queen’s Bench, of whom the chief justice shall be one; and such fees as the Lieu- tenant-Governor in council shall think proper, may be made payable to the prothonotary acting in the said matter; but the total amount for all proceedings and services to be charged to applicants shall not, in any one case, exceed the sums mention- ed in this Act, except law society fees. 39 V.c. 6,8. 4 Roepe be V. In lieu of all fees now payable to the court, (except the t law society fees,) the following fees shall be payable for or in respect of the proceedings under this Act: where the whole personal estate and effects shall not exceed in value three hun- dred dollars, the sum of two dollars and no more, except as aforesaid. 39 V.c. 6,8. 5. Amemberof WV]. A member of, or investor in, or depositor with, any build- point musces: ing society, having a sum of money in the funds thereof not ror. exceeding three hundred dollars, may from time to time, nom- inate any person or persons, such person or persons being within the statute regulating administration of intestate es- tates, as successor or successors at death of such member or depositor, provided that such -nomination is made in writing, Appointment and duly deposited with the secretary or manager of the soci- writing. ety : and upon receiving a satisfactory declaration of the death of the nominator, the society shall substitute the name of the nominee on its books in the place of the nominator, or may immediately pay to the nominee the amount due to the deceas- ed member or depositor; and if any member, investor or de- positor with the society, having in the funds thereof a sum of money not exceeding three hundred dollars, shall die intestate and without making any such nomination, then the amount PERSONAL ESTATES. Chap. 47. due may be paid to the person who shall appear to the society to be entitled to receive the same without letters of adminis- tration, upon the suciety receiving a satisfactory declaration of death and intestacy, and that the person so claiming is entitled as aforesaid : provided, that whenever tle society, after the decease of any member or depositor, and after the exercise of due and reasonable care and caution in that behalf, but not ctherwise, has paid any such sum of money to the person who, at the time, appeared to be entitled to the effects of the deceas- ed, under the belief that he had died intestate without having appointed any nominee, the payment shall be valid and effec- tual with respect to any demand from any other person as next of kin, or as the lawful representative of such deceased member or depositor against the funds of the society ; but nevertheless, such next of kin or representative shall have his lawful remedy for the amount of such payment as aforesaid against the per- son who has received the same: provided always, that in any Ne such case the said society may take proper security to indem- remedy. nify it against loss by reason of any matter arising in the pre- mises. 39 V. c. 6, 8. 6. VII. In case of a sale of property mortgaged to the society, Personai 657 of kin any surplus not exceeding three hundred dollars over and P™°P° above the amount due to the said society, and costs, derived from sale under power of sale of any property mortgaged to the said society and over and above any claim of an execution creditor or other person having a lien or charge thereon, as hereinafter provided where the mortgagor or his assigns shall have died intestate, shall be and is hereby declared to be per- sonal property, whether such sale took place before or after the death of the mortgagor or person entitled to the equity of re- demption ; except that in all such cases the widow of the intestate shall be entitled to a third of such surplus absolutely, and the society shall have the like power, as to paying such surplus over without probate or letters of administration, pro- vided in the next preceding section, to such widow and next of kin according to their respective interests as is conterred upon the society in case of depositors and members dying in- testate. 39 V.c. 6,5. 7. VII. But nothing in the next two preceding sections con- Not to preju- tained shall prejudice the right of any execution creditor ore in respect of such surplus or any portion thereof to the amount of the execution in the hands of the sheriff, or any lien or charge lawfully existing thereon: and provided that the same is not covered by a general administration of the estate of the deceased, granted in due form, and according to law. dice right of xecution any other person in respect of any right or lien he may have °Tditer- IX. All administrators and all executors by virtue of a will, Interpreta- on. and all guardians and trustees having the possession or admi-" nistration of property belonging to others, or of which they 42 658 Chap. 47. PERSONAL ESTATES: are seized for the advantage of another, and whether the will, instrument or act instituting the administration has been made either before or after the passing of this Act, may, whenever the provisions of the will, instrument or act appointing the administration, gives him or them the right to dispose of sums of money, and a discretionary power as to the nature of the Where they disposition or manner of using it, deposit such money in one or iy deposit . : a he S Sees money. more of the banksor financial institutions actingas such existing by virtue of.any Imperial charter, or by an Act of the Parlia- ment, or recognized or authorized by the said Parliament of Canada, and having their head office in this Province, or in any other Province of the Dominion of Canada; and the said administrators, executors, guardians or trustees may lend the ay den pest Money or moneys belonging to such estate, to the best advan- ‘advantage. tage: provided such loan or loans of money is or are on real estate, secured by a first mortgage thereon, the same being of the value double the amount of the money loaned, without the build- ings erected thereon, unless such buildings are kept insured and the policy of such insurance is assigned to said administra- 4 tions, executors, guardians or trustees as collateral security ; pe eattss © and in such last case no more money shall be: lent than ex- insured, ceeds one-half of the whole value of the property : and provid- ed also, that such money or moneys shall be invested in the Province wherein the children, the parties interested, or their relatives, reside. 36 V.c¢.15,8.1; 41 Vic 19,8. 1. Cannot invest X. Nothing in this Act shall be deemed or understood to stock. empower any administrator, exveutor, guardian or trustee to purchase any bank or other stock with moneys entrusted to him or them as such administrator, executor, guardian or trus- tee as aforesaid. 36 V.c. 15,8. 2. TRANSFER AND RELEASE OF MORTUAGES. XI. Where any person entitled to any freehold land by way of mortgage has departed this life and his executor or adminis- trator has become entitled to the money secured by the mort- gage, or has assented to a bequest thereof, or has assigned the mortgage debt, such executor or administrator, if the mortgage money was paid to the testator or intestate in his lifetime, or on payment of the principal money and interest due on the mortgage, or on receipt ‘of the consideration money for the assignment, may convey, assign, release or discharge the mort- gage debt and convey the legal estatd in the land; and sucli Exeeutors,— executor or administrator shall have the same power as to any powers to ; ‘ - ‘ : assign, cte. portion of the land, on payment of some part of the mortgage debt, or on any arrangement for exonerating the estate or any part of the mortgage lands without payment of money ; and such conveyance, assignment, release or discharge shall be as effectual as if the same had been made by the person haviny the legal estate. 45 V.c. 13,8. 1. : SEED GRAIN MORTGAGES. Chap. 48. 659 . CHAPTER XLVIII. An Act respecting mortgages to the crown tor advances of seed | grain and provisions, bs Mortgages to be registered in Domin- operate as a discharge, s. 5. jon danas office ab Winnipeg on pro-| Mortgage to have priority according duction thereof, s. 1. to registration, s. 6. ; Agent to keep book for entry therein, Eee gts chattel mortgage 8. 2. : - ree of char; 3 7 What such entry shall show, s. 3. From what time Act is to have opera - Book open for inspection free of| tion, s. 8. oEatier i P Act may be cited as oe grain 8. 4. Receipt or eertificate of payment to mertgage Act 0f1876," 8 Whereas the government of Canada las made and is making certain advances of provisions and seed grain for the relief of the necessitous in the Province of Manitoba, and has deemed it advisable, where practicable, to take from the various per- sons to whom such advances are made, mortgages of their” real estate, or of such portion thereof as shall be considered suffi- cient ; and whereas the fees for the registration of such mort- gages would be a heavy tax upon the mortgagors, and it is de- sirable to provide some more simple method of registration ; therefore, Her Mavesry, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows I. Any inortgage of the nature referred to in the preamble Mortgage to of this Act, may be filed in the Dominion lands office, in the P° Gem city of Winnipeg, upon the mere production thereof to the agent oe noe eat in charge of Dominion lands or to any person by him duly authorized, and such filing shall have the same effect and con- fer the same rights upon the mortgagee, as if the same were duly registered in the ordinary manner, under the provisions of any statute or statutes of the Province of Manitoba, 39 V. ec. 23,8. 1, U1. Tt shall be the duty of the said agent to keep or cause to pent teen: be kept a book or books for entering such mortgages thervin, with an alphabetical index of the same ; and all morteacres so tiled with him shall be duly entered. 39 V.¢.23,8.2.— IL. Such entry shall show the date of the mortgage, the What such, parties thereto, the consideration, the date of filing and the show. date of maturity. 39 V.c. 23, s. 3. IV. The said book or books and the mortgages so filed shall fen be open to the inspection of.any person who shall make ap- free of charge. plication therefor, during the ordinary office hours of the Do- minion, lands office, without charge or fee. 39 V. ¢. 23, 8. 4. 660 Receipt or certificate of * payment to Chap. 49. CHATTEL MORTGAGES. V. A receipt or certificate in writing, signed by any person duly authorized thereunto, certifying that the moneys secured by charge, said mortgage have been paid, shall operate asa discharge of said mortgage, and a reconveyance of the lands therein men- tioned, and shall, upon production thereof, be filed by the said agent without fee therefor, and an entry thereof shall be made by him opposite the entry of the mortgage to be discharged. 39 V. c. 23, 8. 5. Mortgage to YI. If any mortgage of real estate shall be filed under the provisions of this Act, upon the same day as the registration of a mortgage upon the same real estate or any part thereof, in any registry office in the Province of Manitoba, such mortgage so filed as hereinbefore provided, shall take precedence of and have priority over the other of such mortgages. 39 V. c, 23, 8. Prothonotary Ii. In the case of chattel mortgage taken in security for mortgagete eethe advances of seed grain or provisions by the said govern- ofenarge- ment of Canada, the prothonotary of the court of Queen's Bench for the Province of Manitoba shall, upon production, file the same without fee or charge therefor. 36 V. c. 23, s. 7. eons VILL. This Act shall have operation from and after the 4th RN Be. day of February, 1876. HowjAct ‘iM may be cited. IX. This Act may be cited as “The seed graim mortgage Act of 1876." ' CHAPTER XLIX. An Aet respecting the mortgaging and selling of personal’ property. MORTGAGES— Mortgage or conveyance in the nature of a mortgage, with affidavit of exe- cution and bona fides to be filed with- in six days from execution, s. 1. “Mortgage to be null and void as against creditors and subsequent, purchases and mortgages in good faith unless filed, s, 2. SSALES— 1 - Sales to be in writing unless accom- pauiled by immediate delivery and ollowed by actual and continued change of possession unless the in- strument of conveyance, with affi- davit of execution and bona , be filed within six days from the exe- cution. s, 3. -Provisions respecting agreement for future advances, 8s. 4. The instrument to contain full des- sription of goods, etc., s. 5. Where to be filed, 8. 6. Clerk to indorse day of filing and to number and enter in a book, 8. 7. Mortgage filed to cease to be valid un- less renewed within thirty days be- fore the expiration of two years, s. 8. Affidavits—before whom may be sworn, 8. 9. Sheriff or other officer may seize and sell on writ, equity of redemption in goods, ete., s. 10. $ Copy of original or copy thereof to be received in evidence as to indorse- ments thereon, s. 11. Fees of clerk, 8. le. Act may be cited as “fhe Chattel Mortgage Act,’ s. 18. Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : CHATTEL MORTGAGES. Chap, 40. MORTGAGES, I. Every mortgage or conveyance intended to operate as mortgage of goods and chattels hereafter made in the Province of Manitoba, which is not accompanied by an immediate de- livery, and followed by an actual and continued change of possession of the things mortgaged, or a true copy thereof shall, within six days from the execution thereof, be filed as hereinafter provided, together with an affidavit of a subscribing witness thereto of the due execution of such mortgage or conveyance, or of the due execution of the mortgage or conveyance of which the copy filed purports to be a copy, and also with the affidavit of the mortgagee or his agent, that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum men- tioned in the mortgage, that it was executed in good faith and for the express purpose of securing the payment of money justly due or accruing due, and not fer the purpose of protect- ing the goods and chattels mentioned therein against the cre- ditors of the mortgagor, or of preventing the creditors of such mortgagor from obtaining payment of any claim against him ; and every such mortgage or conveyance shall operate and take effect upon, from and after the day and time of execution thereof. 38 V.c.17, s. 1. II. In case such mortgage or conveyance and affidavits be not filed as herein provided, the mortgage or conveyance shall be absolutely null and void as against creditors of the mort- gagor and against subsequent purchasers or mortgagees in good faith for valuable consideration without actual notice. 38 V.c. 17,8. 2. SALES. III. Every sale of goods and chattels heveafter made in the _ Province of Manitoba, not accompanied by an immediate de- livery, and followed by an actual and continued change of pos- session of the goods and chattels sold, shall be in writing, and such writing shall be a conveyance’under the provisions of this Act, and shall be accompanied by an affidavit of a sub- - scribing witness thereto of the due execution thereof, and an affidavit of the bargainee or his agent that the sale is bona Jide and for valuable consideration as set forth in the said con- veyance, and not for the purjese of holding or enabling the bargainee to hold the good: :nentioned therein against the creditors of the bargainor; a:..! such conveyance and affidavits shall be filed as hereinafter }.:.;vided within six days from the execution thereof; otherwise the-sale shall be absolutely void as against the creditors of the bargainor, and as against sub- sequent purchasers or mortgagees in good faith for valuable consideration without actual notice. 38 V.c.17,s. 3. IV. In case of an agreement for future advances for the purpose of enabling the borrower to enter into and carry on business 661 a Mortgage and affidavit of + witness to be filed within six days from execu- tion. Mortgage to be null unless filed, Sales to bein writing. Agreement for future advances. 662 Chap. 49. CHATTEL MORTGAGES. with such advances, the time of repayment thereof not being longer than two years from the making of the agreement, and in case of a mortgage of goods and chattels for securing the mortgagee repayment, of such advances, or in case of a mort- gage of goods and chattels for securing the mortgagee against the indorsement of any bills or promissory notes, or any other liability by him incurred for the mortgagor, not extending for a longer period than two years from the date of such mortgage, and in case the mortgage is executed in good faith, and sets forth fully, by recital or otherwise, the terms, nature and effect of the agreement, and the amount of liability intended to be created, and in case such mortgage is accompanied by the affi- davit of a subscribing witness thereto of the due execution thereof, and by the affidavit of the mortgagee, or his agent, stating that the mortgage truly sets forth the agreement en- tered into between the parties thereto, and truly states the ex- tent of the liability intended to be created by such agreement and covered by such mortgage, and that such mortgage is exe- cuted in good faith and for the express purpose of securing the mortgagee repayment of his advances, or against the payment of the amount of his liability for the mortgagor, as the case may be, and not for the purpose of securing the goods and chattels mentioned therein against the creditors of the mortga- gor, nor to prevent such creditors frofa recovering any claims which they may have against such mortgagor, and in case such mortgage is filed within six days after execution as hereinafter provided, the same shall. be as valid and binding as mortgages mentioned in the first section of this Act. 38 V.c. 17,8. 4 Instrumentto VY. All instruments mentioned in this Act, whether for the description. sale or mortgage of goods and chattels shall contain such suffi- cient and full description thereof that the same may be there- by readily and easily known and distinguished. 35 V.c. 17, 8. 5 N Where filed. VI. The instruments mentioned in the preceding sections of this Act shall be filed with the clerk of the county court in the county where the said goods and chattels are situated, and such clerk of the county court shall file all such instruments presented to him for that purpose, and shall endorse thereon the time of receiving the same in his office, and the same shall be kept there for the inspection of all persons interested there- in, or Intending or desiring to acquire any interest in all or any portion of the property covered thereby. 40 V. c. 28, mood: : plerktonum- VII. The said clerk of the county court shall number every ment, such instrument or copy filed in his office, and shall enter in alphabetical order, in books to be provided by him, the names of all the parties to such instruments, with the numbers en- dorsed thereon opposite to each name, and such entry shall be repeated alphabetically under the name of every party thereto. 38 V.c. 17,8. 7; 40 V.c. 28,5. 2. CHATTEL MORTGAGES. Chap. 49. 663 = * ‘ Mortgage filed VIL. Every mortgage, or copy thereof, filed in pursuance of cease 10 be : this Act, shall cease to be valid as against the creditors of the valid agains i i - purchasers persons making the same, and as against subsequent purchas Daeeneer ers or mortgagees in good faith for. valuable consideration, after tion of two the expiration of two years fiom the filing thereof, unless with- sare thirty in thirty days next preceding the expiration of the said term days of expix of two years, a true copy of such mortgage, together with a filed with statement exhibiting the interest of the mortgagee in the pro- : perty claimed by virtue thereof, and a full statement of the amount still due for principal and interest thereon, and of all payments made on account thereof, be again filed in the said office of the elerk of the county court with an affidavit of the mortgagee or his agent, stating that such statement is true, and that the said mortgage has not been kept on foot for any fraud- ulent purpose. 38 V.c. 17,8. 8; 40.V.c. 28,8. 3. : IX. All affidavits and affirmations required by this Act may Afidavits. be taken and administered by any judge or commissidner of the court of Queen’s Bench, or notary public, in the Province of Manitoba : provided that, in case such affidavit or affirma- tion be taken and administered by a notary public, the same shall be certified under his official seal. 38 V. c. 17,8. 9. X. On any writ of execution against goods and chattels, the Sherif may sheriff or other officer, to whom such writ is directed, or who may have the execution of such writ, may seize and sell the interest or equity of redemption in any goods and chattels of the party against whom such writ has issued, and such sale shall be held to convey whatever interest the mortgagor had in such goods and chattels at the time of the seizme. 38 V. c. 17, s. 10: eee : " ‘i “ Copy filed to XI. A copy of any original instrument, or of a copy thereof, Copy filed fo | filed under the provisions of this Act, including any statement evidence a0- made in pursuance of this Act, certified by the clerk of the oudemenient county court, under the seal of the court, shall be received in % “lerk- evidence in all courts, but only of the fact that such instrament or copy and statement were received and filed according to the endorsement of the clerk of the county court thereon, and of no other fact ; and in all cases the original endorsement by the said clerk, made in pursuance of this Act, upon any such instrument or copy, shail be received in evidence only of the facts stated in such endorsement. 38 V.c.17,s. 11. XII. For services under this Act, the clerk aforesaid shall be Fees of clerk. entitled to receive the following fees : (1.) For filing each instrument and affidavit, and for entering the same in a book as aforesaid, fifty cents ' (2.) For searching each paper, twenty-five cents ; and 664 | Chap. 50. ‘TRUSTEES OF CHURCHES. (3.) For copies of any document, with certificate thereof, filed under this Act, fifteen cents for every hundred words. [38 V.c.17,s8. 12. XII. This Act may be cited as “The chattel mortguye Act.” Sa CHAPTER L. An Act to provide for the holding of land by trustees on behalf. of churches or religious bodies. When trustees may be appointed, s. 1. E Not allowed to take more than 300 acres, s. 1. Deed to be phaletetedt within twelve months, s eueee ae mortgage land,s 3. May lease land for term not exceeding 20 years, s- 4. Renewal of lease, s. 5. Trustees not. to demise without leave of congregation, s. 6. Trustees may sell on publication for four successive weeks, s.-8. Trustees may thereafter sell land, s. 9. Sanction of judge necessary for execu- tion of deed, s. 10. Detailed statement to be shown con- gregation first Mcnday-in July in each year, s. 11. f'awer of Judge of court of Queen’s Bench to call trustees to account, s. it,» Power of trustees, s. 7. I Her Magesty, hy and with the advice ard consent of the Legislative Assembly of Manitoba, enacts as follows : ‘ When trus- tees may be appointed. I When any religious society or congregation of Christians in Manitoba désire tu take a conveyance of land for the site of a church, chapel, meeting-house, burial ground, residence or glebe for the minister, or when any religious congregation or society of Presbyterians, Methodists, or any other Protestant church, desire to take a conveyance ‘of lands for the support of public worship and the propagation of Christian knowledge, such society or congregation may appoint trustees, to whom, and their successors, to be appointed in such manner as may be specified in the deed of conveyance, the land requisite for all or any of the purposes aforesaid may be conveyed; and such trustees and their successors, in perpetual succession, by the name expressed in the deed, may take, hold and possess the land, and maintain and defend actions at law or suits in equity, for the protection thereof and of their property Notallowed therein: provided that no such congregation shall be capable than 300 acres of taking and holding move than “three hundred acres, and such other land as may be allotted to any such congregation. as commutation under the Manitoba Act for any right of com- mon and of cutting hay held and enjoyed by such congrega- tion. 36 V.c.16, 8.1. Deed to be II. But such trustees shall, within twelve months .atter the ee execution of the deed of conveyance cause the deed to be re- months. gistered in the office of the registration division in which the TRUSTEES OF CHURCHES. Chap. 50. 665 land is situate, otherwise the said deed shall be void. 36 V.c. 16, s. 2. III. When a debt has been or may be hereafter contracted Pees one for the building, repairing, extending or improving of a church, land. meeting-house or chapel, on land held by trustees for the bene- fit of any religious society in Manitoba, or for the purchase of the lands on which the same has been, or is intended to be, erected, the trustees, or a majority of them, may, from time to time, secure the debt or any part thereof by a mortgage upon. the land, church, meeting-house or chapel; or may borrow money to pay the debt or part thereof, and may secure the re- payment of the loan and interest by a like mortgage, upon such terms as may be agreed upon. 36 V.c. 16,5. 3. : is * May lease IV. The grantees in trust, named in any letters patent from Ton for taki the crown, or the survivor or survivors of them, or the trustees aoe es for the time being, appointed in manner prescribed in the let- ters patent, whereby lands are granted for the use of a congre- gation or a religious body, and any other trustees for the time being entitled by law to hold lands in trust for the use of a congregation or religious body, may lease, for any term not ex- ceeding twenty-one years, lands so held by them for the use of a congregation or religious body, at such rent and upon such terms as the trustees or a majority of them may deem reason- able. 36 V.c. 16,5. 4. ‘é V. In such lease, they may covenant or agree for the renewal Renewal of thereof, at the expiration of any or every term of twenty-one ~~ years, for a further term of twenty-one years or a less period, at such rent and on such terms as may then, by the trustees for the time being, be agreed upon with the lessee, his heirs, executors, administrators or assigns, or may covenant or agree for the payment to the lessee, his executors, administrators or assigns, of the value of any buildings or other improvements which may, at the expiration of any term, be on the demised premises ; and the mode of ascertaining the amount of such rent or the value of such improvements may also be specified in the original or any subsequent lease. 36 V c. 16,8. 5. t 2 $ ne aia Trustees not VI. But the trustées shall not so lease without the consent j7ystees not, of the congregation or religious body for whose use they hold out leave of the land in trust ; and such consent shall be signified by the consent to be votes of a majority of the members present at a meeting of the Ugnifed by congregation or body duly called for the purpose ; nor shall the trustees lease any land which, at the time of the making of the lease, is necessary for the purpose of erecting a church or place of worship, or other building thereon, or for a burial ground, for the congregation for whose use the land is held. 36 V.e. 16, s. 6. VII. The trustees for the time being entitled by law to Power of trus: _ ‘hold land in trust for a congregation or a religious body, may, “in their own names, or by any name by which they hold the "666 Chap. 50. TRUSTEES OF CHURCHES. land, sue or distrain for rent or arrears of rent, and may take allsiich means for the recovery thereof as landlords, and other means for the recovery thereof, as landlords in ordinary cases are entitled to take. 36 V.c¢. 16,s. 7. qallon puri . Y1IL. When land held by trustees for the use of a congrega- gation for tion or a religious body becomes unnecessary to be retained sive weeks. for such use, and it is deemed advantageous to sell the land, the trustees for the time being may give public notice of an in- tended sale, specifying the premises to be sold and the time and terms of sale ; and after publication of the notice for four successive weeks, in a weekly paper published in or near the place where the lands are situated, they may sell the land at public auction according to notice ; but the trustees shall ‘not be obliged to complete or carry a sale into effect if, in their judgment, an adequate price is not offered for the land. 36 V. c. 16,8. 8. inereafter se IX. The trustees may thereafter sell the land either by pub- lic or private sale ; but a less sum shall not be accepted at private sale than was offered at public sale. 36 V. c. 16, s. 10. tion. of - ‘ ee : ‘ Sanction of —N. Before a deed is executed in pursuance of a public or sary, for exe: private sale, the congregation or religious body, for whose use the lands are held, shall be duly notified thereof, and the sanc- tion of a judge of the court of Queen’s Bench obtained for the execution of the deed. 36 V. c. 16,5. 10. “Detailed : . : : statement to AI. Trustees selling or leasing lands under the authority of bonresation this Act shall, on the first Monday in July in every year, have aot ready and open for the inspection of the congregation or re- every year. ligious body which they represent, or of any member thereof, a detailed statement, showing all rents which accrued during the preceding year, and all sums of money whatever in their hands for the use and benefit of the congregation or religious body, which were in any manner derived from the lands under their control or subject to their management, and also showing the application of any portion of the money which has been expended on behalf of the congregation or body. 36 V. c. 16, s. LL e Power of XII. Any judge of the court of Queen’s Bench may, in a Snnge ot cout summary manner, on complaint upon oath of three members of Bench to calla congregation or religious body, of any misfeasance or mis- account. conduct on the part of trustees in the performance of their duties under this Act, call upon the trustees to give in an ac- count, and may enforce the rendering of such account, the dis- charge of any duties and the payment of any money; so that the congregation or religious body may have the benefit there- of, according to the true intent and meaning of this Act; and the judge may compel the trustees, in case of any misconduct, to pay the expense of th: application to be made; or, on grounds FEES TO JUSTICES. Chap. 51. 667 which he considers insufficient, frivolous or vexatious, may or- der the applicant to pay the costs. 36 V.c. 16, s. 12. CHAPTER LI. An Act respecting fees to justices of the peace, to jurors, and to witnesses in criminal cases, to counsel and other officers in the administration of justice, and in other proceedings. FEES TO JUSTICES AND JURORS— Pay of cach petit and grandj juror, s. Fees to justices of the peace, s. 1. 10. Costs in summary proceedings, s.2. |COUNSEL FEES IN CRIMINAL CASES— No claim for fees by justicesin certain] Counsel fees, how determined and re- Cases, S. 3. gulated, s. 11 and 12. Penalty for violation of Act, s. 4. FEES TO SHERIFF, CORONERS AND CON- Justice to make return of fines and STABLES IN CRIMINAL MATTERS— penalties, 5. 5. Schedule C! contains fees of, s. 13. Such return shall contain, what, s. 6.1 Lieutenant-Governor may fix fees for Penalty for neglecting, or making constables, 8.14. _ false return, s. 7. How fees may be levied,s.15. When Froseoution shall be commenc- Hormst Acts not be interfered with, s. ed, s. 8. . , Copy of return to be sent Provincial) Penalty for demanding over fee, s. 17. treasurer by ¢ c. p.,s. 4. When actions must be brought, s. 18. Schedules, s. 19. Her MaAsesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : FEES TO JUSTICES, JURORS AND WITNESSES. I. The fees mentioned in schedule A to this Act and no Fees others shall be and constitute the fees to be taken by justice of the peace for the duties and services therein mentioned. 42 Vic. 5,8. 1 II. The costs to be charged in all cases of summary proceed- ©***- ings and convictions, where the fees are not expressly pre-- scribed by any statute, shall be those contained in schedule B to this Act. 42 Vie. 5,8. 2. ‘IIL. This Act shall not authorize any claim being made by Xo,c#im eta the justices aforesaid for fees of any description connected with Justices in eases above the degree of misdemeanor or cases which cannot oh be summarily disposed of by them. 42 V.c. 5, s. 3. IV. Any justice or justices of the peace wilfully receiving a Penalty. larger amount of fees than by law are authorized to be receiv- ed, shall forfeit and pay the sum of eighty dollars, together with full costs of suit, to be recovered by any person who sues for the same by action of debt (or by information) in the court of Queen’s Bench for the Province ; one moiety whereof shall be paid to the party suing, and the other moiety to the con- solidated revenue fund of the Province. 42 V.c. 5,8. 4. V. Every justice of the peace, before whom any trial or hear- Justice to ing is held, under any law giving jurisdiction in the premises, turn of anes and who convicts and imposes any fine, forfeiture, penalty or 924 Penalties. 668 Chap. 51. FEES TO JUSTICES. damages, or otherwise: disposes thereof, shall make a return thereof and of the receipt and application by him of the mon- ey received from the person convicted, in writing under the hand of such justice, half-yearly, on or before the first day of March and the first day of October in each and every. year, to the clerk of the crown and peace for the Province, (and in the case of any conviction or other disposition before two or more justices, such justices being present and joining therein, shall be liable to make a return thereof according to law), in the fol- lowing form : oi z ‘rognoesoid jo oureny “yuepusjap jo oureny jo Aep P TOYO pU STOTIAMOD Jo UIN{exy ow oe a5 ‘ ¢ Fh | 2 : ae 4 zB. at ct eo me ee a aS E > a8 2 , oe a o <. So w 4.2 o 2 gh S: oe ° o° , oO 5 BP E < g | & Ss us = aE eee | = cha 2s 5 if < Ss. See | Aa hee aoe | oe esse 8 ae eos * nm n Q OY = & & = Ba 4 S . ‘3 @ oe 2 > 28 | me Qt os = ~o | g = 1 © 3g a oe oo exit & eo ~ o iS ®. E < on eS é 2 BOs a 3 Pig —o 5 a o 4 8 S| REGISTRATION OF DEEDS. Chap. 60. 723 diction in civil matters to the amount, by the party aggrieved. 36 V.c 18, 8. 52. L. Whenever a registrar ceases to be a registrar, in conse- Registrar or quence of resignation or removal from office, and when any er tosucces: such registrar dies, every such registrar ceasing to hold the said office, and the heirs, executors, or legal representatives of every such registrar dying, shall deliver to the successor of every such registrar on his demand, all the books, memorials, and papers appertaining to the otfice, and in case the registrar so resigning or removed from office, or the heirs, executors or other legal representatives cf any deceased registrar, refuse 6r neglect to deliver to the successors of such registrar all such books, memorials, and papers, as aforesaid, he or they,, and every one of them, so refusing or neglecting, shall be held guilty of a misdemeanor, and shall besides be liable to make satisfaction to the parties injured, for all damages and costs sustained by such refusal or neglect. 36 V. c¢. 18, s. 53. LI. The Lieutenant-Governor in council, by warrant under ayaaae his hand and seal, when he deems it necessary, may require mine gpueine the attorney-general, or other law office of the crown, or some fit person to visit any of the registry offices, and to inquire into the condition of such offices, and the registers, books, indexes, memorials, documents, and the papers therein, apper-. taining to such offices respectively, and to ascertain whether- the provisions of this Act are executed ; of which visit a re-. port in writing shall be made to the Lieutenant-Governor, and: laid before the Legislature at its then next session. 386 V. ¢, 18, s. 54. LI. Whenever any land or original town or township lot ie ionee ee has been surveyed or subdivided into town or village lots, or ig2#0 be other lots so differing from the manner in which such land or registrar. lot was surveyed or granted by the crown, that the same ean- not or is not by the description given of it easily and plainly to be identified, the person, corporation or company making such survey or subdivision, their heirs, executors, administra- tors or assigns, agents, attorneys or successors, shall, within three months from the date of every such survey or subdivi- sion, lodge with the registrar a plan or a map of the same, showing the number of the township or town lots, and range or concession, the numbers or letters of town or village lots and names of streets, the measurement and magnetic bearings of each lot on a scale of not less than one inch to every four chains, and showing thereon all roads, streets, lots and com- mons within the same, with the courses and widths thereof respectively, and the width and length of all lots, and the courses of all division lines between the respective lots within the same, tcgether with such information as will show the lots, ranges, tracts or blocks of land of the township wherein the same is situate; and every such map or plan shall be cer- tified by some Provincial land surveyor in the form appended 724 Chap. 60. REGISTRATION OF DEEDS. to this Act marked E; and thenceforth the registrar shall keep an index of the lands described and designated by any num- ber or letter on such map or plan, by the name of such person, corporation or company designated in the manner provided by this Act; and all instruments affecting the land or any part thereof, executed after such plan has been filed, shall conform thereto, otherwise the same shall not be registered ; and in the case of refusal by such person, corporation or ‘company, his or their executors, agents or attorneys, or successors, for two months after demand in writing for that purpose, to lodge the said plan or map, when required by any person interested therein so to do, he or they shall incur a penalty of twenty dollars for each and every calendar month the said map or plan remains unregis- tered ; which penalty may be recovered by any person com- ‘ plaining in. any court having jurisdiction in the county in which such lands are situated in like manner as a common debt ; and this section shall apply as well to lands already surveyed or.subdivided as to those which may ‘hereafter be surveyed or subdivided, subject to the next succeeding section, 36 V. ¢. 18, 8. 55. : peieeo sae’ =© LIII. In sales of lands under surveys or sub-divisions made ee ee before the passing of this Act, when such surveys or sub- be registered divisions so differ from the manner in which such land was months, surveyed or granted by the crown that the parcel so sold. can- not be easily identified, the plan or survey shall be registered within six months after the passing of this Act, if the plan or survey is still in existence and procurable for registration and + filing under the next preceding section, and if it is not, a new survey or plan shall be made by, and at the joint expense of, the persons who have made such surveys or sub-divisions, and of all others interested therein, by some duly authorized Pro- vineial land suiveyor, as nearly as may be according to the proper original survey or sub-division, and the same, when so made, shall be filed as if under the next preceding section of this Act. 36 V.e. 18, s. 56. : flan nottobe LIV. In no case shall any y-lan or survey, although filed and any person, registered, be binding on the person so filing or registering the. made salé Same, or upon any other person, unless a sale has been made tnder it. according to such plan or survey; and in all cases, amend- ments or alterations of any such plan or survey may be order- , ed to be made, at the instance of the persons tiling or register- ing the same, or of any other person by the court of Queen’s Bench or by any judge of the county court of the county in which the lands lie, if,on application tor the purpose duly made, and upon hearing all parties concerned, it shall be thought fit and just so to order, and upon such terms and conditions as to costs and otherwise as may be deemed expedient. 36 V.c.18,s.57. where town; LV. In each and every case in Manitoba, where any incor- city or nage porated town, city or village, or village not incorporated, com- ed in accord- nyjses different parcels of land owned at the original division REGISTRATION. OF DEEDS, Chap. 60. 725 thereof by different persons, and the same were not jointly ance smith sec surveyed, and one entire plan of such survey made and filed foeplerpe in accordance with the fifty-second section of this Act, the vey or plan municipality of the township within which such village is sit- "°°" uated, or the municipality of such incorporated city, town or village, shall, upon the written request of any person interested, addressed to the clerk of such municipality, immediately cause a plan of such town or village to be made upon the scale pro- vided for under this Act, and to be registered in the registrar's office of the county within which such village lies, which map or plan shall have endorsed thereon the certificates of the clerk and head of the municipality and. surveyor, that the same is prepared according.to the directions of ‘such municipality and in accordance with this Act; and to which map or plan the corporate seal of the municipality shall. be attached ; and the expense attending the getting up and depositing of such map or plan shall be paid out of the general funds of the municipality, except in the case of unincorporated villages, where the same shall be paid by a special rate to be levied by assessment on all rateable property comprised in the village, as described by metes and bounds in a by-law to be passed by the municipal- ity for the purpose of levying such rate ; and in case of the re- fusal of such municipality to comply with all the requirements of this section, within six months next after being required in manner aforesaid ‘so to do, such municipality shall incur the same penalty, and the same shall be' recoverable in the same manner as provided in the fifty-second section of this Act. 36 V.c. 18, 8. 58. : Penalty for LVI. Any person forswearing himself before any registrar or f220Y for his deputy, or before any judge, commissioner, or other person duly authorized to administer an oath in any of the cases afore- said, and lawfully convicted, shall incur and be liable to the same penalties as if the oath had been taken in any court of record in Manitoba. 36 V.c. 18,5. 59. LVII. Any person who forges or counterfeits any certificate Fon ma cert by this Act authorized or directed, or any affidavit of the exe- ; cution of any duplicate original. or any instrument whatever mentioned in this Act, shall ke subject to the penalty provided in such a case by the statutes of Canada. 36 V.c. 18, s. 60. LVIII. Marriage contracts executed anywhere, and judg- Peano ments granting separation as to property (separation de biens) contracts, ete. rendered by any court of cor etent jurisdiction, in any Pro- vince of the Dominion of Cans. !a, outside this Province, and stipulating separation as to yoperty between consorts, regis- tered in the registry office of the county wherein the consorts reside, within the space of six months of the settlement of the consorts within the Province, shall be as valid and effectual against subsequent purchasers and mortgagees, as if the same had been registered immediately after such settlement: pro- vided always, that in case such contract or judgment shall not be registered within the space of six months as aforesaid, then 726 Chap. 60. REGISTRATION OF DEEDS. and in that case, such contract o1 judgment shall be valid and shall take effect in this Province only from the date of its re- gistration in the registry office in the county wherein.the con- sorts shall then reside. 38 V. ¢. 35,5. 6. ined copies” LIX. A copy of any instrument duly registered in any regis- of registered try office in this Province, certified to be such copy under the instruments: hand and seal of the registrar in whose office the instrument is, or his deputy, shall be receivable and admissible in all contro- versies in the courts of this Province, without proof of the ex- ecution of the original of which it purports to be a copy, as prima facie, of the original instrument and the due execution thereof, unless the judge or the court shall otherwise order. eee LX. No registrar, deputy registrar or clerk in his office shall, elerk not to directly or indirectly, act as the agent of any corporation, so- oradvieeon ciety, company or person or persons in investing money and mee - taking sureties on real estate or otherwise, within this Pro- vince or elsewhere; nor shall they or either of them, advise, for fee or reward or otherwise, upon titles to lands; andif they or either of them commit a breach of the provisions of this section, they shall, respectively, incur a penalty of five hundred dollars to be recovered in any court of competent ju- risdiction, 42 V.c. 8, 8. 1. Registrar of | LXI. The registrar of the county of Selkirk shall forthwith Selkirk to transcribe in a book kept for that purpose in his office, all re- gistrations in oistrations made in the office of the registrar of the county of Laverendrye a . sé Orie without Lisgar, concerning lands in the sub-division of Laverendrye: Sener provided, however, that no fee shall be allowed the registrar for such transcribing. 42 V.c. 7, 8. 2. Leut.-Gover- LXII. The Lieutenant-Governor may, from time to time, by Kocunty tobe order in council, fix and determine the amount of the security given. to be given as hereinafter mentioned by each registrar; but the amount of such security shall not be less than four thou- sond dollars, nor more than ten thousand dollars. 43 V. ec. 3, s. 1. seer LXIII. Subject to the provisions of section sixty-nine of this cient sureties Act, any registrar appointed after the passing of this Act, be- (approved). fore being sworn into office, and every registrar in office with- in six months after the passing of this Act, shall execute and enter into a joint and several covenant in duplicate with two or more sufficient sureties, to be approved by the Lieutenant- Governor in council, for such amount as may be fixed and de- termined by order in council in that behalf, as aforesaid : (1.) Such duplicate covenant may be in the form F tothis Act or to the like effect ; and to each of such covenants shall be at- tached an affidavit in the form G to this Act or the like effect, made by each of the sureties therein mentioned ; REGISTRATION OF DEEDS. Chap. 60. wat (2.) One of such duplicate covenants, with the affidavits ap- pended, shall be forthwith transmitted to the Provincial secre- tary, to be by him retained, and the other duplicate covenant, with the affidavits aforesaid, shall be by such registrar forth- with filed in the office of the prothonotary of the court of Queen’s Bench, where it shall remain of record. 43 V. c. 3, s. 2. LXIV. The registrar, whether appointed before or after the Nem screen passing of this Act, may, at any time, be required by the in- be seauired spector of registry offices, with the approval of the Lieutenant- Governor in council, to execute new covenants, in the form and to the effect hereinbefore provided, or to furnish other sureties as may be deemed expedient, or both, and in default thereof shall be subject to the penalties in this Act mentioned. 43 V. c. 8, 8. 3. . . Cc bi LXV. Any person may examine and obtain a copy of the obiained by” registrar’s covenant and affidavits on payment to the prothono- 49y Person. tary of a fee for such copy and search, of one dollar, and for a search and inspection, twenty-five cents. 43 V.c. 3,8. 4 LXVI. The Lieutenant-Governor, upon application of any Meut--Gover- county or city interested, or without such application, if he quire regis- thinks fit, may require any registrar to give security in such security’ form and for such an amount, as the Lieutenant-Goaernor in council determines to be sufficient to secure the due payment of any moneys payable by the registrar to the county or city. 43 V.c. 3,5. 5. LXVIT. Any surety for a registrar, who is no longer disposed ee to continue his responsibility as such surety, may give notice thereof to the registrar and to the Provincial secretary, and in such case the registrar shall, under penalty of forfeiture of his office, furnish the security of a new surety in lieu of the surety so giving notice, and shall complete and transmit the necessary covenant in that behalf to the Provincial secretary and to prothonotary, within one month after such notice, and shall procure the approval of the new surety within two months after the notice. 43 V.c. 3,58. 6. LXVIII. The registrar and his sureties shall be jointly and Wapiivies, of severally liable on their covenant to any aggrieved person or their sureties. persons to indemnify him or them against any damage or loss sustained by him or them by or through the neglect or mis- conduct of the registrar or his deputy in the. performance of the duties of his office, not exceeding the penalty named there- in; but this provision shall not exempt the registrar from any further responsibility to persons sustaining damage or loss as aforesaid. 43 V.c. 3,8. 7. LXIX. Whenever a registrar is required to give security for trae @ porte the performance of his duties, or other security of'a like nature, aoe e 728 Chap. 60. REGISTRATION OF DEEDS. and whether stich security enurés for the benefit of the crown, or of any person injuréd by the default or misconduct of such officer, the Lieutenant-Governor in council may, by order in council, direct that the bond or policy of guarantee of any in- corporated or joint stock company empowered to grant gua- rantees, bonds, covenants or policies for the integrity and faith- ful accounting of public officers or other like purposes, and named by such order in council, may be accepted as such secu+ “ rity, upon such terms as may be determined by the Lieutenant- ieut.-Gover- sins . +e : nor mayorder Governor in council; and the provisions of law with reference tes of som to the legal effect of such securities when given by individuals, peny be to the filing thereof, and to the mode of proceeding thereon, pted. : 5 shall apply to the security given by every such company. 43 V.c. 3,8. 8. a LXX. If the registrar in any manner misconducts himself in tray miscon-his office, or neglects to perform his duty in every respect as required of him by this Act, or commits or suffers to be com- mitted any undue or fraudulent practice in the execution there- of, then such registrar may, at the discretion of the Lieutenant- Governor in council, be dismissed ; and he shall, moreover, to- gether with lis sureties as far as their covenants extend, be liable to pay all damages, with full costs of suit, to any person injured thereby, to be recovered by action -in Her Majesty’s Deputy liable. court: of Queen’s Bench ; and any deputy executing the office of registrar during any vacancy by death, resignation or for- feiture of the registrar, shall, together with the sureties of the registrar, as far as their covenants extend, be, for the same cause, and in like manner, liable, as the registrar and his sure- ties are, in this section, declared to be liable. 43 V.c. 3, s. 9. ‘ Gena LXXI. In any action at law or suit in equity where, but for given when the fifty-ninth section. this Act it would be necessary to produce asevidencs. and prove any original instrument which has been registered, in order to establish such instrument and the contents thereof, the party intending to prove any such original instrument may give notice to the opposite party, ten days at least before the trial or other proceeding in which the said proof is intended to be adduced,that he intends at the said trial or other proceeding to give in evidence as proof of such original instrument a copy thereof certified by the registrar under his hand and seal of office;and inevery such case the copy so certified shall be sufii- cient evidence of the original instrument and of its validity Notice of dis-and contents, unless the party receiving such notice, within four Infous 62h" days after such receipt, gives notice that he disputes the valid- after receipt. ity of such original instrument; in which case the costs of pro- ducing and proving such original may be ordered by the court or judge to be paid by any or either of the parties as may be deemed right. 43 V.c. 3, s. 11. Lieut.-Gover- LXXII. The Lieutenant-Governor in council may fiom time point inspec- tv time appoint an inspector of registry offices whose duty it or. shall be : REGISTRATION OF DEEDS. Chap. 60. 729 (1.) To make a personal inspection of the building in which ™* dation: each office is kept and of the books, deeds, titles and instru- ments in each registry office ; (2.) To see that the proper books are provided, that they are in good order and condition, that the proper entries and regis- trations are made therein in a proper manner and in a due and proper form and order, that the indexes are properly kept and that all instruments are duly endorsed and certified and pre-~- served ; (3.) To ascertain that the office is kept duly open at and for the proper times, and that itis at all times duly attended to by the registrar or his deputy : (4.. To settle on some uniform device for the official seals and to see that the registrars supply themselves therewith ; (5.) To inspect all abstract and alphabetical indexes and other books kept by the registrars ; (6.) To inform the registrar how and in what manner he shall do any particular act or amend or correct whatever he may find amiss ; and in case he finds the work improperly done by any registrar, he shall have power to order a new book or books toibe prepared and completed by the registrar at his own expense ; (7.) To report upon all such matters as expeditiously as may be to the Lieutenant-Governor in council for his information and decision. 43 V.c 3,58. 12. LXXIII. This Act may be cited as “The lands registration Act of Manatoba.” LXXIV. The following are the forms in this Act : FORM A. Referred to in the thirty-first and thirty-second sections of this Act. I certify that the within is duly entered and re- gistered in the registry office for the county of in book at. o'clock on the day of 18 Nuntber Registrar. 730 Chap. 60. REGISTRATION OF DEEDS. FORM B. Referred to im the thirty-third section of this Act. Entered and registered this day of 18, at o'clock, ; FORM C. Referred to in the thirty-fourth section of this Act. I certify that in a suit or proceeding in (naming the court) between A.B, of and C.D. of some title or interest is called in qnestion in the following lands (stating them) : Dated at (stuting time and place). FORM D. Referred to in the thirty-siath section of this Act. To the registrar of the county of ib Ae , of the , do certify that hath satisfied all money due on, or to grow due on (or hath satisfied the sum of $ mentioned in) a certain mortgage made by of , to which mort- gage bears date the day of 18, and was registered in the registry office for the county of on day of 18 , at minutes past o’clock of the noon, in Liber as No. (here mention the day and date of registration of each assign- ment thereof, and the names of the parties, or mention that such mortgage has not been assigned, as the fact may be), and that I am the persdn entitled by law to receive the money, and that such mortgage, (or such sum of money as aforesaid, or such part of the lands as is herein particularly described, that is to say : ) is therefore discharged. Witness my hand this day of 18 One witness. ; REGISTRATION OF DEEDS. Chap. 60. 731 FORM EF. Referred to in the fifty-second section of this Act. This plan is correct and is prepared under the provisions of “The lands registration Act of Manitoba.” Signature of surveyor. FORM F.—See. 63. COVENANT OF REGISTRAR. Know all men by these presents, that we, A. B., registrar, of Esquire, and C. D., of Esquire, and E. F., of Esquire, do hereby jointly arid severally, for our and each of our heirs, executors and administrators, covenant and promise that the said A. B,, as registrar of shall well, truly and faithfully perform the duties and obligations of his office as such registrar, and that neither he nor his deputy shall negligently nor wilfully misconduct himself in his said office to the damage of any peison or per- sons whomsoever ; nevertheless, it is hereby declared that no greater sum shall be recovered under this covenant against the several parties hereto than the following, that is to say : against the said A.B., in the whole, $ (the amount fixed by order in council); against the said C. D, and E. F., $ respectively (the amownt fixed by order in council ° for each). In witness thereof we have hereunto set our hands and seals this day of 18 Signed, sealed and delivered in presence of FORM G.—Sec. 68. AFFIDAVIT OF JUSTIFICATION. County of \ To wit: f I, A. B,, of one of the sureties in the annexed covenant named, make oath and say as follows : (1.) I am seized and possessed to my own use of real (07 real and personal) estate in Manitoba ef the actual value of $ over and above all charges upon, or incumbrances affecting the some. 732 Chap. 61. SHORT FORMS OF INDENTURES, (2.) (Where the party has real estate.) The said real estate consists of (describing the property). (3.) [am worth (the amount for which the party has become liable by the covenant,) dollars over and above my just debts. (4.) My post office address is as follows: (insert name of the post office.) Sworn before me at in the county of this day of 18 . CHAPTER LXI. : Axi Act respecting short forms of indentures. ’ Where words incolumn one of sche-| Remuneration for deeds under Act,. dules are used, deed have same effect .o as if the words in column two were] Substitutions, etc., s. 6. employed or inserted, s. 1. : Feminine for masculine, singular for ' Deéds failing to take effect under this plural and vice versa, 5. 7. $ Act to be coristrued as if Act not] Exceptions may be introduced, s. 8. passed, s. 2. Additions may be made, s. 9. What deeds are to include, s, 3. Express qualifications may be intro- ’ Construction of Act, s. 4. duced. s. 10. Her MaJesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : Fitle of Act. —_ TT. When a deed of conveyance, or deed of mortgage, or deed When words of lease, respectively, made according to the forms set forth in ofschedules the first, second and third schedules to this Act, respectively, are pmployed expressed to be made “in pursuance of the Act respecting short game reeves forms of indentures,” or otherwise referring to this A¢t, con- column two tains any of the forms or words contained in column one under were inserted: the said schedules, respectively, and distinguished by any num- ber therein, such deed shall be taken to have the same effect, and be construed as if it contained the form of words contained in column two under the same schedule, and distinguished by the same number as is annexed to the form of words used in the deed; but it shall not be necessary in any. such deed to insert such number or numbers. 38 V.c. 14, 8. 1. : Deeds failing TT, Any deed or part of a deed which fails to take effect by eeerthia virtue,of this Act, shall, nevertheless, be as effectual to bind Act to pe *Sotthe parties thereto, as far as the rules of law and equity will notmade. permit, as if this Act had not been made. 38 V. c. 14, s, 2. Deeds to in- i i Tees tp III. Every such deed, unless an exception be specially made houses, ete., therein, shall be held and construed to include all’ houses, out- SHORT FORMS OF INDENTURES. Chap. 61 733 houses, edifices, barns, stables, yards, gardens, orchards, com- eee mons, trees, woods, underwoods, mounds, fences, hedges, ditches, the estate,ete. ways, waters, water-courses, light, liberties, privileges, ease- ments, profits, commodities, emoluments, hereditaments and appurtenances whatsoever to the lands therein comprised be- longing or in anywise appertaining, or with the same demised, held, used, occupied or enjoyed, or taken, or known, as part or parcel thereof; and if the same purports to convey an estate in fee, also the reversion or reversions, remainder or remainders, yearly and other rents, issues and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, ‘trust, property, profit, posses- sion, claim and demand whatsoever, both at law and in equity, of the grantor, in, to, out of or upon the same lands, and every part and parcel thereof, with their and every of their appur- tenances. 38 V.c. 14,8. 3. : IV. In the construction of this Act and the schedules there- Construction to, respectively, unless there be something in the subject or - context repugnant to such construction, the word “lands” shall extend to all freehold and leasehold tenements and heredita- ments, whether corporeal or incorporeal, or any undivided part or share therein respectively ; and the word “party” shall mean and include one or more persons, any body politic or corporate, or collegiate, as well as an individual or individuals. 38 V. ¢. 14, 8. 4. V. After the passing of this Act, in taxing or allowing any Remunera- bill of charges for preparing and procuring the execution of Hontor, deeds any deed, the preparation of which is by this Act provided for, Seon consideration shall be had rather to the skill and ability exhi- only. : bited in the short and concise form in which the same shall have been prepared, than to the length and bulk of the deed. 38 V.c. 14,5. 5. VI. Parties who use any of the forms in the first column of Substitutions, : e 3 ete. the schedules, may substitute for the words “covenantor” or “covenantee,” or “releasor” or “releasee,” “grantor” or grantee,” “lessor” or “lessee,” any name or names, or “the party of the first,” or “second,” or “third part,” as the case may be, and in every such case, corresponding substitutions shall be taken to be made in the corresponding forms in the second column. 38 V.c. 14, 5. 6. VII. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, or vice versa, in any of the forms in the first column of the schedules, and corresponding changes shall be taken to be made in the corresponding forms in the second column. 38 V.c. 14,8.7. VIII. Such parties may introduce into, or annex to, any of the forms in the first column, any exprees exceptions from, or other express qualifications thereof, respectively, or may ex- 734 Chap. 61. SHORT FORMS OF INDENTURES. tend them or remove therefrom any limitations, and the like exceptions or qualifications, or extension, or removal of limita- tions shall be taken to be made from or added, in the corres- ponding forms in the second column. 38 V.c. 14,5. 8. ‘N IX. Such parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of the forms of the first column, so as thereby to extend the words thereof to the acts of any addi- tional person or persons or class or classes of persons, or of all persons whomsoever ; and in every such case the covenants, or such of them as may be employed in such deed, shall be taken e extend to the acts of the person or persons so named. 38 .c 14,8. 9. Express ex —_X. In the case of a deed of demise or lease there may be in- express quali- troduced into any of the forms in the first column under the cations may ,, . . : be introduced. third schedule, any express exceptions from, or express qualifi- cation thereof, respectively, and the like exceptions or qualifi- cations shall be taken to be made from, or in the corresponding forms in the second column ; where the premises demised are of freehold tenure, the covenants, under the said third schedule, © one to eight, shall be taken to be made with, and the proviso nine, to apply to, the heirs and assigns of the lessor ; and where the premises demised shall be leasehold tenure, the covenants and proviso shall be taken to be made with, and to apply to, the lessor, his executors, administrators and assigns. 38 V. c. 14, s. 10. FIRST SCHEDULE. DEED OF CONVEYANCE, This indenture, made the day of in the year of Our Lord one thousand eight hundred and seventy “in pursuance of the Act respecting short forms of indentures,” between (here insert the names and recitals, of any) witnesseth that, in consideration of (if there be recitals) the premises and of dollars (if no recitals, omit the word “premises,” and say of dollars,) of lawful money of Canada, now paid by the said party of the part (as the fact is) to the said party of the first part (the re- ceipt whereof is hereby by him or them acknowledged) he (or they) the said party cf the first part doth (or do) grant unto the said party of the part, his (or her or their) heirs and assigns, for ever, all and singular the lands following, that is to say : (describe lands). (Here insert covenants and other provisions, conditions, &c., ke.) of aiey. SHORT FORMS OF INDENTURES. Chap. 61. In witness whereof the said parties have hereto set their hands and seals. in the presence of Signed, sealed and delivered | COLUMN ONE. COLUMN TWO. _ IL. The said (covenantor) cov- 1. And the said ‘covenan- enants with the said (coven-tor doth hereby for himself, antee): his heirs, executors, and ad- ministrators, covenant, pro- mise and agree, with and to the said covenantee, his heirs and assigns, in manner follow- ing, that isto say: . 2. That he has the right to 2 That for and_notwith- convey the said lands to the said standing any act, deed, mat- (covenantee), notwithstanding ter or thing by the said cov- any act of the said (covenantor). enantor done, executed, com- mitted, or knowingly or wil- fully permitted or suffered to the contrary, he, the said cov- enantor, now hath in himself good right, full power, and absolute authority, to convey the said lands and other the premises hereby conveyed, or intended so to be, with their _ and every of their appurten- ances, unto the said covenan- tee, in manner aforesaid, and according to the true intent of these presents. 3. And that the said (coven- 3. And that it shall be law- antee) shall have quiet posses- ful for the said covenantee, his sion of the said lands. heirs and assigns, from time to time, and at all times here- ‘ after, peaceable and quietly to enter upon, have, hold, oc- cupy, possess and enjoy the said land and premises hereby conveyed, or intended so to be, with their and every of their appurtenances, and to have, receive and take the rents, issues and profits there- of, and of every part thereof, to and for his and their use and benefit, without any let, 135 736 Chap. 61. SHORT FORMS OF INDENTURES. suit, trouble, denial, eviction, interruption, claim or demand whatsoever of, from or by him, the said covenantor, or his heirs, or any person claim- ing, or to claim, by, from, un- der or in trust for him, them or any of them. 4. Free fromallincumbrances. 4. And that free and clear, and freely and absolutely ac- quitted, exonerated, and for ever discharged, or otherwise, by the said covenantor or his heirs, well and sufficiently saved, kept harmless and in- demnified, of, from and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, en- tail, will, statute, recogniz- ance, judgment, execution, €x- tet, rent, annuity, forfeiture, re-entry, and any and every other estate, title, charge, trouble, and incumbrance whatsoever, made, executed, occasioned or suffered by the said covenantor or his heirs, or by any person claiming, or to claim, by, from, under or in trust for him, them or any of them. 5. And the said (covenantor) 5. And the said covenantor covenants with the said (coven- doth hereby, for himself, his antee) that he will execute such heirs, executors, and admin- further assurances of the saidistrators, covenant, promise lands as may be requisite. and agree with, and to the said covenantee, his heirs and assigns, that he,the said cove- nantor, his heirs, executors and administrators, and all and every other person who- soever having or claiming, or who shall or may hereatter have or claim, any estate, right, title, or interest what- soever, either at law or in ° equity, in, to, or out of, the said lands and premises here- i by, 01 intended so to be, or any of them, or any part t SHORT FORMS OF INDENTURES. Chap. 61. thereof, by, from, under, or in trust for him, them, or any of them, shall and will, from time to time, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said covenantee, his heirs or assigns, make, do, execute, or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the better, more perfectly, and absolute- ly conveying and assuring the said lands and premises hereby conveyed, or intended so to be, and every part there- of, with their appurtenances, unto the said covenantee, his heirs and assigns, in manner aforesaid, as by the said cov- enantee, his heirs and assigns his or their counsel in the law, shall be reasonably de- vised, advised or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the acts and deeds of the person who shall be required to make or exe- cute the same, and his heirs, executors or administrators only, and so as no person who shall be required to make or execute such assurances, shall be compellable for the mak- ing or executing thereof, to go or travel from his usual place of abode. 6. And the said (covenantor) 6. And the said covenantor convenants with the said (cov- “oth hereby, for himself, his enantee) that he will produce heirs, executors and adminis- the title deeds enumerated here- ttators, covenant, promise and under, and allow copies to be®8Tee with and to the. said made of them, at the expense ofcovenantee, his heirs and the said covenantee. assigns, that the said coven- antor and his heirs shal! and 47 will, unless prevented by fire 737 738 Chap. 61. SHORT FORMS OF INDENTURES. 7. And the said (covenantor) or other inevitable accident, from time to time, and at all times hereafter, at the re- . quest, costs and charges of | the said covenantee, his heirs or assigns, or his or their at- torney, solicitor, agent or counsel, at, any trial or hear- ing in any action or suit at law or in equity, or other juncture or otherwise as oc- casion shall require, produce all and every or any deed, instrument or writing here- under written, for the mani- festation, defence and sup- port of the estate, title and possession of the said coven- antee, his heirs and assigns, in or to the said lands and pre- mises hereby conveyed or in- tended so to be, and at the like request, costs and charges, shall and will make and de- liver, or cause to be made and delivered, true and at- tested, or other copies or ab- stracts of the same deeds, in- struments and writings res- pectively, or any of them,and shall and will permit and suffer such copies and ab- stracts to be examined and compared with the said ori- ginal deeds by the said cov- enantee, his heirs and assigns, or such person as he or they shall for that purpose direct and appoint. 7. And the said covenantor covenants with the said (cove-for himself, his heirs, execu- nantee) that he has done no act tors and administrators, doth to incumber the said lands. hereby covenant promise and agree with and to the said covenantee, his heirs and as- signs, that he hath not at any time heretofore made, done, committed, executed, or wil- fully or knowingly suffered any act, deed, matte or thing whatsoever, whereby or by means whereof the _ said SHORT FORMS OF INDENTURES. 8. And the said (releasor) re- Chap. 61. lands and premises hereby conveyed, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in anywise impeached, charged, affected or incumber-- ed in title, estate or other- wise howsoever. 8. And the said releasor leases to the said (releasee) allhath released, remised, and his claims upon the said lands. for ever quitted claim, and by these presents doth release, remise and forever quit claim unto the said releasee, his heirs and assigns, all and all manner of right, title, interest, claim and demand whatso- ever, bothat law and in equity, into and out of the said lands and premises hereby granted, or intended so to be, and every part and parcel thereof, so that neither he nor his heirs, executors, administra- tors or assigns shall, nor may, at any time hereafter, have, claim, pretend to, challenge, or demand the said lands and premises, or any part thereof, in any manner howsoever, but the said releasee, his heirs and assigns, and the same lands and premises, shall from henceforth tor ever hereafter be exonerated and discharged of and from all claims and de- mands whatsoever which the said releasor might or could have upon him in respect of the said lands, or upon the said lands. SECOND SCHEDULE. DEED OF MORTGAGE. This indenture made the day of sari=27 in the year of our Lord one thousand eight hundred and eighty ; “Tn pursuance of the Act respecting short forms of indentures,” between (here insert parties and recitals, if 739 740, Chap. 61. ‘SHORT FORMS OF INDENTURES. any) witnesseth, that in consideration of (if recitals, say, the premises and of dollars; if no recitals, omit the premises,) of lawful money of Canada, now paid by the said party of the first part, to the said party of the part, (the receipt whereof is hereby by acknowledged) he (or they) the said party of the first part, doth (or do) grant and mortgage unto the said party of the part all and singular the lanas following, that is to say: (describe lands.) (Here inert proviso, covenants and other provisions and stipulations according te agreement). In witness thereof the said parties have hereto set their hands and seals. . Signed, sealed and delivered in the presence of | COLUMN ONE. COLUMN TWO. . 1. PRoviDED, This mortgage to be void on payment of amount of principal money of lawful money of Canada, with interest at (rate of interest) per cent. a : ecutors, administrators or as- as follows (terms of payment of 5 s, or any of them, do and principal and interest, and taxes eal: wall anid eal y pay or and performance of statute labor. cause to be paid unto the said mortgagee, his executors, ad- ministrators or assigns, the just and full sum of (amount of principal money) of law- ful money of Canada, with interest thereon, at the rate of (rate of interest) per cent. per annum on the day and time, and in manner follow- ing, that is to say (terms of payment of principal and interest) without any deduc- tion, detaleation or abatement out of the same, for, or in re- spect of any taxes, rates, lev- ies, charges, rents, assessments, statute labor or other imposi- tions whatsoever already rat- ed, charged, assessed or im- posed, or hereafter to be rated, charged, assessed or imposed by authority of Parliament,or otherwise howsoever, on the , 1. Provided always, and these presents are upon this express condition, that if the said mortgagor, his heirs, ex- SHORT FORMS OF INDENTURES. Chap. 6]. said lands and tenements, her- ! editaments and premises,with the appurtenances, or on the said mortgagee, his heirs, ex- ecutors, administrators, or as- signs, in respect of the said premises, or of the said money or interest, or any other matter or thing relating to these presents, and until such default as aforesaid, shall and will well and truly pay, do and perform or cause or procure to be paid, done and performed all matters and things in this proviso herein- before set forth, then these presents, and everything in the same contained, shall be absolutely null and void. 2. The said mortgagor coven- 2. And the said mortgagor ants with the said mortgagee: doth hereby, for himself, his heirs, executors and adminis- trators, covenar: .“snise and agree, to and * *.- “7a said mortgagee, his = - umd _as- signs, in man . Ltowing, that is to say : 3. That the mortgagor will 3. That the said mortgagor, pay the mortgage money and in- his heirs, executors, adminis- terest, "and observe the above trators, orsome or one of them, proviso. shall and will well and truly pay or cause to be paid unto the said mortgagee, his heirs, executors, administrators or assigns, the said sum of money in the above proviso mention- ed, with interest for the same as aforesaid, at the day and time and in manner above limited for payment thereof, and shall and will, in every- thing, well, faithfully and truly do, observe, perform, fulfil and keep all and singu- lar the provisions, agreements and stipulations in the said above proviso particularly set forth, according to the true intent and meaning of these presents, and of the said above proviso. i “741 TA2 Chap. 61. SHORT FORMS OF INDENTURES. 4, That the mortgagor has a 4, And also that the said good title in fee simple to the mortgagor at the time of the said lands. 5, And that he has the right sealing and delivery hereof is, and. stands, solely, rightfully and lawfully seized of a good, sure, perfect, absolute and in- defeasible. estate of inherit- ance, in‘fee simple, of and in the lands, tenements, heredi- taments, and all and singular other the premises hereinbe- fore described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any manner of trusts, reservations, limitations, provisos or condi- tions except those contained in the original grant thereof from the crown, or any other matter or thing to alter, charge, change, incumber or defeat the same. 5. And also that the said to convey the said lands to the mortgagor now hath in him- said grantee. 6. And that on default the self good right, full power and lawful and absolute authority to convey the said lands, tene- ments, hereditaments, and all and singular other the pre- mises hereby conveyed or hereinbefore mentioned or in- tended so to be, with their and every of their appurtenances, unto the said mortgagee, his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents, 6. And also that from and mortgagee shall have quiet pos- after default shall happen to session of the said lands. be made of or in the payment of the said sums of money in the said above proviso men- tioned, or the interest there- of, or any part thereof, or of, or in the doing, observing, performing, fulfilling, or keeping of some one or more of the provisions, agreements or stipulations in the said SHORT FORMS OF INDENTURES. Chap. 61. above proviso particularly set forth, contrary to the true intent and meaning of these presents, and of the said proviso, then, and in every such case, it shall and may be lawful, to and for the said mortgagee, his heirs and assigns, peaceably and quiet- ly to enter into, have, hold, use, occupy, possess and enjoy the aforesaid lands, tene- ments, hereditaments and premises hereby conveyed or mentioned or intended so to be, with the appurtenances, without let, suit, hindrance, interruption or denial of him, the said mortgagor, his heirs or assigns, or any other per- son or persons whomsoever. 7. Free from allincumbrances. 7. And that free and clear, and freely and clearly ac- quitted, exonerated and dis- charged of, and from all ar- rears of taxes and assess- ments whatsoever, due or payable upon or in respect of the said lands, tenements, hereditaments and premises, or any part thereof, and of and from all former convey- ances, mortgages, rights, an- nuities, debts, judgments, ex- ecutions and recognizances, and of and from all manner of other charges, or incum- brances whatsoever. * § And that the said mortga- 8. And also that from and gor will execute such further after default shall happen to assurances of the said lands as be made of or in the payment may be requisite. of the said sum of money in the said proviso mentioned or the interest thereof, or any part of such money or inter- est or of, or in the doing, ob- serving, performing, fulfilling or keeping of some one or more of the provisions, agree- ments or stipulations in the said above proviso particular- 743 744 ley Chap. 61. SHORT FORMS OF INDENTURES. ly set forth, contrary to the true intent and meaning of these presents and of the said proviso, then and in every such case the said mortgagor, his heirs and assigns, and all and every other person or persons whomsoever, having or lawfully claiming, or who shall or may have or law- fully claim, any estate, right, title, interest or trust of, in, to, or out of the lands, tene- ments, hereditaments, premises hereby or mentioned or intended: so to be, with the appurtenan- ces or any part thereof by, from, under or in trust for him, the said mortgagor, shall and will, from time to time, and at all times thereafter, at the proper costs and charges of the said mortgagee, his heirs and assigns, make, do, suffer and execute, or cause or procure to done, suffered and executed, all and every such further and other reasonable act or acts, deed or deeds, devices, con- veyances and assurances in the law for the further, better and more perfectly and abso- lutely conveying and assuring the said lands, tenements, hé- and premises with the appurtenances unto the said mortgagee, his heirs and assigns; as by the said mortgagee, his heirs and as- signs, or his or their counsel learned in the law, shall or may be lawfully and reason- ably devised, advised or re- quired, so as no person who shall be required to make or execute such assurances, shall be compelled for the making or executing thereof, to go or travel from his usual place of reditaments abode. SHORT FORMS OF INDENTURES. Chap. 61. 9. And also that the said 9, And also that the said mortgagor will produce the,title mortgagor and his heirs shall deeds enumerated hereunder and and will, unless prevented by allow copies to be made at thefire or other inevitable acci- expense of the mortgagee. dent, from time to time, and at all times hereafter, at the request and proper costs and charges in the law of the said mortgagee, his heirs or as- signs, at any trial or hearing in any action or suit at law or in equity or other judica- ture or otherwise as occasion shall require, produce all, ‘every or any deed, instrument or writing hereunder written for the manifestation, defence and support of the estate, ti- tle and possession of the said mortgagee, his heirs and as- signs, of, in, to, or out of the said lands, tenements heredi- taments and premises hereby conveyed or mentioned or in- tended so to be, and at the like request, costs and charges shall and will make and deli- ver, or cause or procure to be made and delivered unto the said mortgagee, his heirs or assigns, true and attested or other copies or abstracts of the same deeds, instruments and writings respectively or any of them, and shall and will permit and suffer such copies and abstracts to be ex- amined and compared with the said original deeds by the said mortgagee, his heirs and assigns. 10. And that the said mort- 10. And also that the said gagor has done no act to incum-mortgagor hath not at any ber the said lands. time hereinbefore made, done, committed, executed or wil- fully’ or knowingly suffered any act, deed, matter or thing whatsoever whereby or by means wherereof the said lands, tenements, heredita- ments and premises hereby conveyed or mentioned or in- 145 746 # Chap. 61. SHORT,;FORMS OF INDENTURES. tended so to be, or any part or parcel thereof, are, is or shall or may be in anywise impeached, charged, affected or incumbered in title, estate or otherwise howsoever. 11. And that the said mortga- 11. And also that the said gor will insure the buildings on mortgagor or his heirs shall the said lands to the amount ofand will forthwith insure, un- not less than less already insured, and dur- currency. ing the continuance of this security keep insured against loss or damage by fire, in such proportions upon each build- ing as may be required by the said mortgagee, his heirs or assigns, the messuages and buildings erected on the said lands, tenements, heredita- ments and premises hereby conveyed or mentioned, or in- tended so to be, in the sum of of lawful money of Canada, at the least, in some insurance office to be approved of by the said mort- gagee, his heirs or assigns, and pay all premiums and sums of money necessary for such purpose, as the same shall be- come due, and will,on demand, assign, transfer, and deliver over unto the said mortgagee, . his heirs, executors, adminis- trators or assigns, the policy or policies of assurance, receipt and receipts thereto apper- taining, and if the said mort- gagee, his heirs or assigns, shall pay any premiums or sums of money for insurance of the said premises or any part thereof, the amount of such payments shall be added to the debt hereby secured and shall bear interest at the same rate from the time of such payments, and shall be payable at the time appoint- ed for the then next ensuing payment of interest on the said debt. SHORT FORMS OF INDENTURES. Chap. 61. TAT 12. And the said mortgagor 12. And the said mortgagor doth release to the said mortga-hath released, remised and gee all his claims upon the said forever quitted claim, and by lands subject to the said proviso. these presents doth release, remise, and forever quit claim unto the said mortgagee, his heirs and assigns, all, and all manner of, right, title, inter- est, claim and demand what- soever, both at law and in equity, of, unto and out of the said lands, tenements, heredi- taments, and premises hereby conveyed or mentioned, or in- tended so to be, and every part and parcel thereof, so as that neither the said mortga- gor, his heirs, executors, ad- ministrators or assigns, shall or may at any time hereafter have, claim, pretend to, chal- lenge or demand thesaid lands, tenements, hereditaments and premises, or any part thereof in any manner howsoever, subject always to the said above proviso; but the said mortgagee, his heics or as- signs, and the said lands, tenements, hereditaments and 1 premises, subject as afore- said, shall from henceforth forever hereafter be exonerat- ed and discharged of and from all claims and demands what- soever, which the said ‘mort- gagor, his heirs or assigns. might or could have upon the said mortgagee, his heirs or assigns, in respect of the said lands, tenements, heredita- ments and premises, or upon the said lands,tenements, here- ditaments and premises. 13. Provided that the said 13. Provided always, and mortgagee,on default of payment it is hereby declared and for months, may, on agreed by and between the notice, enter on and lease or sell parties to these presents, that the said lands. if the said mortgagor, his heirs, executors or adminis- trators shall make default in any payment of the said 748 Chap. 61. SHORT FORMS OF INDENTURES. money or interest, or any part of either of the same,according to the true intent and mean- ing of these presents, and of the proviso in that behalf hereinbefore contained, and calendar months shall have thereafter elapsed without such payment being made (of which default, as also of the continuance of the said principal money and in- terest, or some part thereof,on this security, the production of these presents shall be con- clusive evidence), it shall and may be lawful to and for the said mortgagee, his heirs or assigns, after giving written notice to the said mortgagor, his heirs or assigns, of his in- tention in that behalf, either personally or at his or their usualor last place of residence, within this Province not less than previous, without any further consent or con- currence of the said mortga- gor, his heirs or assigns, to enter into possession of the said lands, tenements, heredi- taments and premises hereby conveyed, or mentioned or in- tended so to be,and to receive and take the rents, issues and profits thereof, and whether in or out of possession of the same, to make any lease or leases thereof, or of any part thereof, as he shall think fit, and also to sell and absolute- ly dispose of the said lands, tenements, hereditaments and premises hereby conveyed or mentioned, or intended so to be, or any part or parts there- ‘of, with the appurtenances, by public auction or private con- tract, or partly by public auction and partly by private contract, as to him shall seem meet, and to convey and as- sure the same when so sold SHORT FORMS OF INDENTURES. Chap. 61. unto the purchaser or pur- chasers thereof, his heirs and assigns, or as he, she or they shall direct and appoint, and to execute and do all such as- surance, acts, matters and things as may be found neces- sary forthe purposes aforesaid ; and the said mortgagee shall not be responsible for any loss which may arise by rea- son of any such leasing or sale as aforesaid, unless the same shall happen by reason of his wilful neglect or de- fault; and it is hereby fur- ther agreed between the par- ties to these presents, that, until such sale or sales shall be made as aforesaid, the said mortgagee, his heirs, execu- tors,administrators or assigns, shall and will stand and be possessed of, and interested in the rents and profits of the said lands, tenements, here- ditaments and premises, in case he shall take possession of the same on any default as aforesaid, and after such sale or sales, shall stand and be possessed of, and interest- ed in the moneys to arise and be produced by such sale or sales or which shall be re- ceived by the mortgagee, his heirs or assigns, by reason of any issurance upon the said premises or any part thereof upon trust, in the first piace, to pay and satisfy the costs and charges of preparing for, and making sales, leases and conveyances as aforesaid, and all other costs and charges, damages and expenses which the said mortgagee, his heirs, executors, administrators or assigns shall bear, sustain or be put to for taxes, rent, in- surances and repairs, and all other costs and charges which may be incurred in and about 749 750 Chap. 61. SHORT FORMS OF INDENTURES. the execution of any of the trusts in him hereby reposed, and in the next place to pay and satisfy the principal sum of money and interest hereby secured or mentioned, or in- tended so to be, or so much thereof as shall remain due and unsatisfied up to and in- clusive of the day whereon the said principal sum shall be paid and satisfied; and,. after full- payment and satis- faction of all such sums of money and interest as afore- said, upon this further trust. that the said mortgagee, his: heirs, executors, administra- tors or assigns, do and shall pay the surplus, if any, to the said mortgagor, his executors, administrators or assigns, for as he shall directand appoint, and shall also, in such event, at the request, costs and charges in the law of the said mortgagor, his heirs or as- signs, convey and assure unto the said mortgagor, his heirs or assigns, or to such person. or persons as he shall direct. and appoint, all such parts of the said lands, tenements, hereditaments and premises as shall remain unsold for the purposes aforesaid, freed and absolutely discharged of, and from all estate, lien, charge and incumbrance whatsoever by the said mortgagee, his heirs or assigns, in the mean- time, so as no person who shall be required to make or execute any such assurances shall be compelled for the making thereof to go or travel from his usual place of abode : provided always, and it is hereby further declared and agreed by and between th parties to these presents tha , notwithstanding the power , sale, and‘ other the powe, SHORT FORMS OF INDENTURES. Chap. 61. and provisions contained in these presents, the said mort- gagee, his heirs or assigns shall have and be entitled to his right of foreclosure of the equity of the redemption of the said mortgagor, his heirs and assigns, in the said lands, tenements, hereditaments and , premises as fully and effectu- ally as he might have exer- cised and enjoyed the same in case the power of sale and the other former provisos and trusts incident thereto had not been herein contained. 14. Provided that the mortga- 14. And it is further cove- gor may distrain for arrears ofnanted,declared and agreed by interest. and between the parties to these presents, that if the said mortgagor, his heirs, executors or administrators, shall make default in payment of any part of the said interest, at any of the days or times here- inbefore limited for the pay- ment thereef, it shall and may be lawful for the said mort- gagee, his heirs and assigns, to distrain therefor upon the said lands, tenements, heredi- taments and premises, or any part thereof, and by distress warrant, to recover by way of rent reserved, as in the case of a demise, of the said lands, tenements, hereditaments and premises, so much of such in- terest as shall, from time to time, be or remain in arrear and unpaid, together with all costs, charges and expenses attending such levy or dis- tress, as in like cases of dis- tress for rent. 15. Provided that in default 15. Provided always, and of the payment of the interest it is hereby further expressly hereby secured, the principal declared and agreed, by and hereby secured shall become between the parties to these payable. presents, that if any default shall at any time happen to 751 752 Chap. 61, 16. Provided that, until de- fault of payment, the mortgagor shall have qniet possession of the said lands. SHORT FORMS OF INDENTURES. be made of or in the payment of the interest money hereby secured or mentioned, or in- tended so to be, or any part thereof, then in such case the principal money hereby se- cured or mentioned, or in- tended so to be, and every part thereof, shall forth- with become due and pay- able in like manner and with the like consequences and effects to all intents and purposes whatsoever, as if the time herein mentioned for payment of such principal money had fully come and expired, but that,in such case, the said mortgagor, his heirs or assigns, shall, on payment of all arrears under these pre- sents, with lawful costs and charges in that behalf, at any time before any judgmeat in the premises recovered at law, or within such time as, by the practice of equity, relief there- in could be obtained, be re- lieved from the consequences of non-payment of so much of the money secured by these presents or mentioned, or in- tended so to be, as may not then have become payable by reason of lapse of time. 16. And provided also, and it is hereby further expressly declared and agreed by and between the parties to these presents, that, until default shall happen to be made of or in the payment of the said sum of money hereby secured, or mentioned, or intended so to be, or the interest thereof, or any part of either of the same, or the doing, observing, performing, fufilling or keep- ing some one or more of the provisions, agreements or stipulations herein set forth, contrary to the true intent SHORT FORMS OF INDENTURES. Chap. 61. 4 and meaning of these pre- sents, it shall and may be lawful to and for the said mortgagor, his heirs and as- signs, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said jands, tenements, heredita- ments and premises hereby conveyed or mentioned, or in- tended so to be, with their and every of their appurten- ances, and receive and take the. rents, issues and pro- fits thereof to his own use and benefit, without let, suit, hindrance, interruption or de- nial of or by the said mortga- gee, his heirs, executors, ad- ministratars or assigns, or of or by any other person or persons whomsoever lawfully claiming, or who shall or may . lawfully claim by, from, under or in trust for him, her, them, or any or either of them. THE THIRD SCHEDULE. DEED OF LEASE. This"Indenture, made the day of , in the year of Our Lord one thousand eight hundred and “in pursuance of the Act respecting short forms of Inden- tures,” between , of the first part, and of the second part; (any re- citals required may be here inserted ;) Witnesseth, that ia con- sideration of the premises and (if any recitals; if not, omit of the premises and) of the rents, covenants and agreements hereinafter reserved and contained on the part of the party of the second part, his (or their) executors, administrators and assigns, to be paid, kept, observed and performed, he (or they) the said party of the first part hath (or have) demised and leased, and by these presents doth (or do) demise and lease unto the said party of the second part, his (or their) executors, administrators and assigns, all that messuage or tenement, lands and premises situate, (or all that parcel or tract of land situate, lying and being; here insert a description of the pre- mises with sufficient certainty.) 48 783 754 Chap. 61. SHORT FORMS OF INDENTURES. To have and to hold the said demised premises for and dur- ing the term of , to be computed from the day of on thousand eight hundred and . and from thenceforth next ensuing and fully to be complete and ended ; yielding and paying therefor yearly and every year during the said term hereby granted, unto the said party of the first part, his (or their) heirs, executors, administrators or assigns the sum of to be payable on the following days and times, that is to say: (on, etc.,) the first of such pay- ments to become due and be made on the day of next. (Here insert any provisos, conditions and covenants re- quired.) In witness whereof, ete. Signed, sealed and delivered in the presence of COLUMN ONE. : COLUMM TWO. 1. That the said (lessee) cov- 1. And the said lessee doth enants with the said ed to hereby, for himself, his heirs, pay rent. - executors, administrators and assigns, covenant with the said lessor that he be, the said lessee, his executors, ad- ministrators and assigns, will, during the said term, pay vnto the said lessor the rent hereby reserved, in manner hereinbefore mentioned, with- out any deduction whatso- | ever. 2. And also will pay all taxes, rates, duties and assess- ments whatsoever, whether municipal, parliamentary or otherwise, now charged or hereafter to be’ charged upon the said demised premises, or upon the said lessor or fon ac- count thereof. ~ witty iz 2. And to pay taxes. he, 3%And t in. 3. And also will, during eee the said term, well and suffi- ciently repair, maintain,amend and keep the said demised Sh Ries yen 755 SHORT FORMS OF INDENTURES. Chap, 61. premises, with the appurten- ces, in good and_ substantial repair, and all fixtures and things thereto belonging, or which at any time during the, gaid term shall be erected and” made, when, where and so, often as need shall he. 4. And to keep up fences, -4, And also will, from time: to time, during the said term, keep up the fences and walls of or belonging to the said premises, and make anew any parts thereof that may re- quire to be new-made in a good and husbandlike man- ner, and at proper seasons of the year. 5. And not to cut down tim- | 5. And also will not at any | ber. time during the said term, * hew, fell, cut down or des- troy, or cause or knowingly- permit or suffer to be hewed,, felled, cut down or destroyed, without the consent in writ- ing of the lessor, any timber or timber trees, except for necessary repaiis or firewood, or for the purpose of clear- ance as herein set forth. 6. And that the said (lessor) 6. And it is hereby agreed may enter and view state of re- that it shall be lawful for the pair, and that the said (lessee) lessor and his agents, at all will repair according to notice, reasonable times during the said term, to enter the said demised premises to examine the condition thereof, and further that all want of re- paration that upon such view shall. be found, and for the amendment of which notice in writing shall be left at the premises of the said lessee, his executors, administrators and assigns will, within three calendar months next after such notice, well and sufti- ciently repair and make good accordingly. PMN atmed Bilal. 756 Chap. 61. SHORT FORMS OF INDENTURES. . oy erm 7. And will notassign or sub- 7. And also that the lessee let. without leave. fret, shall not, nor will, during the said term, assign, transfer or set over, or otherwise by any act or deed, procure the said premises or any of them to be assigned, transferred, set over or sub-let unto any person or persons whomssever, without the consent in writing of the lessor, his heirs or assigns first had and obtained. 8. And that he will leave the 8. And further, the lessee premises in good repair. 9.) Proviso for re-entry by the will, at the expiration or other sooner determination of the said term, peaceably sur- render and yield up unto the said lessor, the said premises hereby demised, with the ap- purtenances, together with. all buildings, erections and fixtures thereon, in good and substantial repair and condi- tion, reasonable wear and -tear and damage by fire only excepted_ 9. Provided always, and it saidj(lessor) on non-payment ofis hereby expressly agreed, rent orjnon-performance of cov-that if the rent hereby re- enants. iciys5} served, or any part thereof, shall be unpaid for fifteen days after any of the days on which the same ought to have been paid, although no for- mal demand shall’ have been made thereof, or in case of the breach or nonperform- ance of any of the covenants or agreements herein contain- ed on the part of the lessee, his executors, administrators or assigns, then, and in either of such eases, it shall be law- ful for the lessor at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, re- possess and enjoy, as of his or their former estate; any- PUBLIC SCHOOLS. 10, The said (lessor) covenants Chap. 62. thing hereinafter contained to the contrary notwithstand- ing. 10. And the lessor doth with the said (lessee) for quiet hereby, for himself, his heirs, enjoyment. executors, administrators and assigns, covenant with the lessee, his executors, adminis- trators and assigns, that he and they paying the rent hereby reserved, and perform- ing the covenants hereinbe- fore on his and their part con- tained, shall and may peace- ably possess and enjoy the said demised premises for the term hereby granted, without any interruption or distur- bance from the lessor, his heirs, executors, administra- tors and assigns, or any other person or persons lawfully claiming by, from or under him, them or any of them. CHAPTER LXII. The Manitoba School Act. BoARD OF EDUCATION— Lieut,-Governor in council to appoint a board, s. l. Members to retire annually, s. 2. Duty of board, s. 3. When board shall meet, s. 4. Duty of each section, s. 5. Board may meet anywhere in the Pro- vince, s. 6. Quorum, s. 7. meee of board absenting himself, s, SUPERINTENDENTS— Lieut.-Governor to appoint superin- tendents, s. 9. sone duties of superintendents s. 10. Absence of a superintendent, s. 11. ESTABLISHMENT OF SCHOOL DISTRICT’ - School dsitrict—how established, gs. 1:. Election of trustees, s. 13. School district in incorporated tos;n or city, s. 14 SCHOOL MEETINGS— Hey sehool meetings are to be held, s. FIRST ELECTION OF TRUSTEES— Electionsof trustees—manner of, s. 16, First eet to be called by superin- tendent, s. 17. Term ot office of first, second and third) persons elected, s. 18. ' Annual school meetings—how to be called, 8, 19. supernpendent may appoint another ay,s. 20. Superintendent to report to Provin- cial secretary, s. 21 In case trusteeS are not appointed. names may be submitted Tio Lieut.- Governor, S. 22. AE meeting—when to be held, s. ELECTORS— ; Who are electors; form of declara- tion, s. 24. : Who shall be eligible, s. 25. Who may vote, s. 26. SCHOOL ASSESSMENT— At annual meeting to decide how school to be supported, s. 27. Assessment—how to be Jaidon, s. 28. Assessment of corporations and non- religionists—how to be assessed and . how money to be divided, s. 29. Exemptions from assessment, s. 30. Ratepayers to pay assessment to the : school of their denomination, s. 31. Tenants, part Roman Catholic and part Protestant, each 1o pay his taxes to the school of the denomination to which he belongs, 8. 32. Where property held:jointly by Ro- man Catholic and Protestant, s. 33. Rate in incorporated cities and towns, s ScHOoL TRUSTEES— School trustees—powers, s. 35. 157° 758 Chap. 62. PUBLIC Shall hold office three years, except otherwise provided, s. 36. Declaration of school trustee, 8. 37. When ‘they shall meet. s, 38. . : Majority to decide at meeting, s.-39. Duty of board of trustees, s. 40. No proceedings valid except adopted at regular meeting, s. 4 Trustee not to enter into contract with corporation, s. 42. Nor shall be a teacher, s. 43 May Ge re-elected by hisown consent, 8. 44. May resign—on what conditions, s. 45. Vacancy—how filled, s. 46. Election of another trustee, 8. 47. Incapacity from sickness, s. 48. Trustees to have free access to assess-| ment,roll,s. 49. In towns and cities three trustees to be elected for each ward, s. 50. If trustee absent three months from meeting of board, s. 51. Powers of board of trustees, s, 52. Board may estimate before March, and city or town to levy and collect taxes,s 53. ‘Board to publish annual report of pro- ceedings, s. 54. DISQUALIFICATION OF SCHOOL TRUS- TEES— Must be a resident ratepayer, s. 55. Must not be bankrupt or a felon, s. 56. SECRETARY-TREASURER— May be 4 trustee and his duties, s. 57. He must give security, s. 58. Must notify persons on roll of school rates, s. 59. Notify date and place of court of re- vision, s. 59. Lay'the roll before board, s, 59. Prepare annually detailed statement of receipts and expenditures, s. 60. Remuneration of secretary-treasurer, s. 61. In cities or towns he may be one of board, #. 62. PROSECUTIONS BY OR AGAINST SCHOOL TRUSTEES— Any prosecutions may be instituted by or against trustees, s. 63. ~ No sce meat to be appealed against, 8 Board to engage in no‘ action without authority, 5. 65. ho shall be competent to institute proceedings, s. 65. Contestations may be brought by pe- tition, s. 67. School trustees elected by fraud may be proceeded against, s. 68. Any judge or magistrate may hear the matter, s. 69 S CoURT OF REVISION— Trustees shall form a court of revi- sion, s. 7U. Quorum of such court, s. 71. ASSESSORS— Trustecs to appoint assessors, s. 72. Assessors to be sworn before they en- ter upon their duties, s. 73. COLLECTORS— . Trustees to appoint a collector, s. 74. In cities and towns trustees to appoint collector, 8s. 75. AUDITORS— Annual meeting may appoint audi- tors, s. 76. TEACHERS— Duties of teachers,s. 77. Agreements for employment to be in writing, s. 78. : Salary of teacher in case of sickness, s. 79. INSPECTORS— Board of education have power to ap- point inspectors, s. 80. . #ppolmtinenit ta towns and cities, s. , YVIsITors— SCHOOLS. ScHOOL ATTENDANCE— Teseher to keep registry of attendance, 8. 84, ANNUAL CENSUS OF CHILDREN— Board of trustees to make annual cen- ‘sus of children in their district from 5 to 15 years of age, 8. 85. APPORTIONMENT OF PUBLIC MONEYS— Legislative grant to be divided between Roman Catholic and Protestant children from 5to 16 years of age oc- cording annual census, 8. 86. Committee for apportionment, s. 87. Duty of the committee, s If census returns defective, s, 89. _ Apportionment to be paid by semi-an- nual instalments. s. 90. Superintendent to deposit money in bank, s. 91. EXPENDITURE OF SCHOOL MONEYS— What shall be done with moneys, 8. 92. How paid to schouls, s. 92. How residue, divided, s. 92. Payments to be made by cheque, s. 93. School not conducted according to Act to get no money, s. 94 ARBITRATION— Differences between trustees and teach- er about salary to be settled by arbi- tration, s. 95. Action, ifeitner refuses, s. 96. pipe rtnuerient to be third arbitrator, 8. 97, Arbitrators may require attendance-~ of witnesses, s. 98. Arbitrators may issue warrants to en- force award,s. 99. __ In oe of dispute between two boards, 100 8s. 100. MUNICIPAL OFFICERS— Trustees in a municipality need not assess themselves, but require muni- cipality to do it, s. 101. ; In city or town, clerk to furnish certi- fied copy of voters’ lists, s. 102. Board to furnish list of names and es- timate, s. 103. HoLipays— Saturdays and statutory holidays to be school holidays, s. 104 Vacations, s. 105. BY-LAWS FOR COMPULSORY ATTEND- ANCE— By-laws for compulsory attendance at schoo! may-be en, s. 106. On complaint judge or nagistrate may hear and decide, s. 107. SALE OF LANDS FoR SCHOOL RATES— When lands may be sold and how statement made, s. 108. z Lands to be advertised and all lots in- cleded in same notice, s. 1 How the auction sale shall be conduct- ed and the manner and time of mak- - ing title to purchaser, s. 110. List of persons in arrear for school taxes to be made and in what man- ner,s. 11L BORROWING MONFY— Majority of ratepayers sufficient au- thorize loans,s 412. In any incorporated towns and cities the trustees may make loans, s. 118. Beayt eupowercd toissue debentures, s. 114, FINES AND PENALTIES— Fines and penalties upon persons not acting when appointed, 8.115. , Penalty on secretary-treasurer or trus- tees for wrongfully retagning any book or thing of the board, s. 116. Penalty for signing false report, s. 117. Penalty for a family refusing infor- mation, s. 118. Penalty on justice or constable refusing todo his duty, s. 119. . Penalty for false declaratious, s. 120. School meetings to be reported in eight davs, 8. 121. Penalty for disturbing, s. 122. Penalty for trustee refusing to do his Who inuy be special visitors, s. 82. Meeting of visitors may be held, s, 83, duty, 8. 123 PUBLIC SCHOOLS. Chap. 62. 799 Trustee to be held personally :respon- ‘ted by any peron; penalty to belong sible for neglect, s. 124. to school districst, s. 125. Prosecutions for fines may be institu- Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : _ BOARD OF EDUCATION AND ITS SECTIONS AND FUNCTIONS. I. The Lieutenant-Governor in council shall appoint, to Lt-Govetnor form and constitute the board of education for the Province of appoint a Manitoba, a certain number of persons, not exceeding twenty- "°°" one, twelve of whom shall be Protestants and nine Roman Catholics ; and if a lesser number be appointed, the same re- lative proportion of Protestants and Catholics shall be observ- ed. 42 V.ce.2,8. 1. II. Four of the Protestant members and three of the Roman Members to Catholic members recorded at the foot of the list of the mem-2™@ly. bers of the board, as entered in the minute book of the execu- tive council of the Province of Manitoba, shall retire and cease to hold office, at the end of each year, which, for the purposes ot this Act, shall be held and taken to be the second day of October annually ; and the names of the members appointed in their stead shall be placed at the head of the list ; and the seven members so retiring in rotation, and annually, may be eligible for re-appointment. 42 V.c. 2,8, 2. III. It shall be the duty of the board : paty.of the (a.) To make from time to time such regulations as they may think fit for the general organization of the common schools ; (b.) To make regulations for the registering and reporting of daily attendance at all common schools in the Province, sub- ject to the approval of the Lieutenant-Governor in council ; (¢.) To make regulations for the calling of meetings from : time to time, and prescribe the notices thereof to be given to members. 42 V.c. 2,8. 3. IV. The board of education shall meet on the first Thursday When board in March, June, September and December, and oftener if the ; superintendents think it necessary. 42 V.c. 2,8. 4 V. The board shall resolve itself into two sections, the one re ae consisting of the Protestant and the other of the Roman board. : Catholic members thereof; and it shall be the duty of each section : (a.) To have under its control and management the schools of the section, and to make, from time to time, such regula- 760 Chap. 62. PUBLIC SCHOOLS. tions as may be deemed fit'for their general government and discipline and the carrying out of the provisions of this Act ; (b.) To arrange for the proper examination, grading and licensing of its teachers, the recognition of certificates obtain- ed elsewhere, and for the withdrawing of the license upon suffi- cient cause ; (c.) To select all the books, maps and globes to be used in : the schools under its control, and to approve.of the plans for Proviso. the construction of school houses : provided, however, that in the case of books having reference to religion and morals, such selection by the Catholic section of the board shall be subject to the approval of competent religious authority ; and (d. To appoint inspectors who shall hold office during the pleasure of the section appointing them. 42 V.c.2,8. 5. Boged may VI. The board of education, or any section thereof, may, artofthe’ whenever they shall see fit, appoint and hold a meeting of such rowine’- board or section in any part of the Province, and such ‘meet- ing shall be as valid as if held in the city of Winnipeg, which shall be the usual place of meeting of such board or section. 42 V.c. 2,8. 6. Quorum. VII. The quorum of the board of education shall consist of a majority of the members, and each of the sections of the same shall decide its own quorum. 42 V. ¢. 2,8. 7. Member of | VIII. Any member of the board of education absenting him- ing himself. self from the meeting of and his section, or of the board for six months, unless from sickness or absence from the Province, shall be considered to have ipso facto resigned his position ; and the superintendent of the section to which he belongs shall notify the Provincial secretary of the vacancy so caused ; and the member appointed to replace him shall hold office only for the unexpired term of the member whom he replaces» 42 V. ce, 2, 8. 8. SUPERINTENDENTS. . {t-Governor IX. The Lieutenant-Governor in council shall appoint one perintendents of the Protestant members of the board to be the superinten- dent of the Protestant schools, and one of the Catholic mem- bers to be the superintendent of the Catholic schools, and the two superintendents shall be secretaries of the board. 42 V.c. 2,8. 9. Additional X. In addition to the duties specified in other clauses of this edo Act, it shall be the duties of superintendents of education, and, they are hereby empowered : (a.) To call all meetings of the board of education and of their respective sections ; oa es PUBLIC SCHOOLS. Chap. 62. 761 (b.) To have, as the executive officers of the board of educa- tion, the general. supervision and direction of the schools of their section and of the inspectors that may from time to time be appointed ; (c.) To give such explanations of the provisions of this or any other school Act, and of the regulations and decisions of their respective sections as may be required, and to enforce the same: and (d.) To prepare during the first term of the school year a report to the Lieutenant-Governor in council upon all the schools under their supervision for the previous school year, accompanied with full statistical tables showing, among other things, the number of children of school age in each district as shown by the census returns for that year, the number who have attended school and the average attendance, as shown by the semi-annual retuins of the different teachers ; and such report shall also contain a statement of the receipts and ex- penditure of all Government money furnished to the section for common school purposes. 42 V.c. 2,8. 10. XI. In case of the absence of a superintendent he may, with absence of a the sanction of the Lieutenant-Governor in council, appoint a §upprnter- member of his section of the board of education to act for him. 42, V.¢. 2,8, 11. ESTABLISHMENT OF SCHOOL DISTRICTS, XII. The Protestant section of the board of education shall Schoo! dis- have power to establish and alter, with the approbation of the Lieutenant-Governor in council, school districts for Protestants, and the Catholic section shall have the same power with re- gard to Catholics ; and the establishment of a school district of one denomination shall not prevent the establishment of a scliool district of the other denomination in the same place ; and a Protestant and a Catholic district may include the same territory, in whole or in part ; but there shall not, without the. special sanction of the section, be more than one school in any school dstriict. 42 V.c. 2,5. 12. X1IT. When the Lieutenant-Governor in council approves Blection ot of the erection of school districts he shall name a day for the" election of trustees. 42 V. c. 2, 8.13. XIV. The school district of any incorporated city or town School dis- shall be the same as the territorial limits of the said city or ‘it Proviso. town : provided always, that the minority may have power to extend their district so as to include members of their denom- ination residing in the vicinity ; but, in such cases, the child- ren of the residents within the city limits only shall be com- puted in the division of school taxes levied on incorporated bodies within the city. 42 V.c.2,s. 14. 562 Chap. 62. PUBLIC SCHOOLS. SCHOOL MEETINGS. Scnoolmeet- XV. At every school meeting, as authorized and required to be held under this Act, the ratepayers, or if it is a first meet- ing in a new district, then the freeholders and householders present at such meeting or a majority of them— Chairman: a.) Shall elect a chairman; and the chairman of the meet- ing shall decide all questions of order, subject to an appeal to the meeting, and in case of equality of votes, shall give the casting vote ; but he shall have no vote as chairman; and the chairman shall take the votes in the manner desired by a ma- jority of the electors present, unless a poll be demanded by any elector present, when he shall be the returning officer, and shall within eight days of the holding of the meeting re- port the preceedings thereat to the superintendent ; Secretary. (b.) Shall elect a secretary ; and the secretary shall record the proceedings of the meeting in a book kept for that purpose; and if a poll be held, he shall record the names of the voters, and the candidate or candidates for whom each elector votes ; and such poll shall be kept open until four o’clock in the after- noon, unless at any time one hour shall have elapsed without a vote being recorded. 42 V.c. 2,s. 15. FIRST ELECTION OF TRUSTEES. a XVI. At the first meeting in any new school district, such meeting being duly organized by the election of a chairman and secretary, the majority of the freeholders and householders present shall elect three persons to be school trustees for such district ; and (a.) The first person elected shall continue in office for two years, to be reckoned from the annual meeting next after his election, and until his successor has been appointed ; (b.) The second person elected shall continue in office for one year, to be reckoned from the annual meeting next after his election, and until his successor has been appointed ; and | (c.) The third and last person elected shall continue in office until the next ensuing annual school meeting, and until his successor has been appointed. 42 V.c. 2,3. 16. Firstmeeting. XVIT. In incorporated cities{and towns, as well as in other districts, the first meeting for the election of school trustees shall be called by the superintendent of education both for the majority and the minority. 42 V.c. 2,8. 17. First, second = X VIII. At the first election of school trustees in cities and som elected. towns, the first person nominated and having the majority of votes in each ward, shall continue in office for two years, to be reckoned from the annual meeting next after his election, and PUBLIC SCHOOLS. “Chap. 62. 763 until his successor has been elected; the second person elected in each ward shall continue in office one year, to be reckoned from the same period, and until his successor has been elected ; and the third or last person elected in each ward shall continue in office until the next ensuing annual school meeting, and un- til his successor has been elected. 42 V.c. 2,8. 18. ANNUAL SCHOOL MEETINGS. XIX. On the first Monday of February in each year,a meet- Annual | ing of the ratepayers of each school district of the age of ings—how to twenty-one years and upwards, shall be called by the superin- °° “"°" tendent of the section to which the district belongs, by notice posted by him on a schoolhouse, if there’ is one, or in public places in the district, at least three weeks in advance ; and the majority of the electors present shall choose one or more per- sons, as the case may be, to be school trustees for the district ; if such notice to be given by the superintendents respectively is not so given, the proceedings of the annual meeting, if held on the day prescribed by law, shall not be invalidated thereby. 42 V.c. 2,8. 19. XX. When in any district, for some cause or other, the an- Boek Goan nual school meeting has not been held on the first Monday in point another February, the superintendent of the section to which the dis- ~~" trict belongs shall appoint another day for the holding of such meeting. 42 V.c. 2,8. 20. XXI_ For the school district in which no election of school Gupsrinton | trustees has been made within the time hereby prescribed, the to Provincial superintendent of education for the section to which such *°¢°Tet#"y- school district belongs shall report the same to the Provincial secretary, and it shall be lawful for. the Lieutenant-Governor in council to appoint trustees subject to the provisions in the next following section. 42 V.¢.2,s. 21 x XXII. Within fifteen days after the time appointed for Names ot . ‘ 4 s school trus- such election, the school trustees in office, the parish priest, tees to be or clergyman, or minister of the most numerous congregation, Tt-Governur as the case may be, may submit to their superintendent of edu- 1” Council. cation the names of so many persons as school trustees as are required by this Act, and the superintendent of education shall report to the Lieuvenant-Governor in council, who may there- upon appoint such person or persons to be school trustees un- der this Act; and any person elected to fill an occasional va- cancy on the board of school trustees, shall hold office only for the unexpired term of the person in whose place he is elected to serve, and whenever such vacancy occurs, the chairman of the board of school trustees shall call the meeting for the new election. 42 V.c. 2,5, 22. XXITI. In incorporated cities and towns, all annual meet- Annual meet- ing—when to ings in each ward shall be held on the first Monday of Febru- be hela. ’ 764 Chap. 62. PUBLIC SCHOOLS. ary in every year, commencing at ten o’clock in the forenoon, and shall be called by the chairman of the respective boards of school trustees, excepting when the minority avail themselves of clause nineteen ; and it shall be the duty of the board of school trustees to furnish the said chairman with a copy of the voters’ list for such ward. 42 V.c. 2,5. 23. ELECTORS, re XXIV. Except as provided for the first election of trustees, no person shall be entitled to vote at any school meeting what- ever, unless he shall have been assessed and shall have paid ‘school tax or school rates in the district within the last twelve months ; and in case aa objection be made to the right of any person to vote in a district, the chairman shall, at the request ee of an elector present, require the person whose right of voting dectavation...18 objected to, to make the following declaration: “I, A. B., do “ declare (or affirm) that I have beenrated on the assessment “roll of this school district, and that I have paid a public “ school tax in this district within the last twelve months, and “that Iam legally qualified to vote at this election”; and thereupon the person making such declaration shall be per- mitted to vote. 42 V.c 2,5, 24, cep ORY, Any resident freeholder or householder, of the full age of twenty-one years, shall have a vote, and shall be eligi- ble for election at the first school meeting. 42 V.c. 2,5. 25. wo XXVI. In incorporated cities or towns, no person shall be entitled to vote at any school meeting for the election of school trustees, or on any school question’ whatsoever, except in the district to which he belongs as a Protestant or Roman Catholic, and unless his name be upon the revised municipal voters’ list for the ward in which he offers to vote ; and in case any objection be made to the right of any person to vote in a ward, the chairman or returning officer of the election shall, at the request of any elector present, require the person whose right of voting is objected to, to make the fol- form Stion. lowing declaration: “I, A.B., do declare (or affirm)that I have “been rated on the assessment roll of this school district and “ that Iam legally qualified to vote at this election”; and thereupon the person making such declaration shall be per- mitted to vote. 42 V.c, 2, s. 26. SCHOOL ASSESSMENT. met 6 OXXVIL At any annual school meeting it shall be the duty of the electors to decide upon the amount of money to be raised in their school district for common school purposes, to supplement the government grant for the year; and such sum shall, in every case, be raised by assessment on real and per- sonal property within the school district ; but no rate shall be levied for the building, repairing or improving a school house PUBLIC SCHOOLS. Chap. 62. 765 to exceed in any one year cne cent on the dollar on the esti- mated value of the property. 42 V.c. 2, s. 27. XXVIII. The school assessment shall be laid equally.accord- How to be ing to valuation, upon rateable, real and personal property in the school district, and shall be payable by and recoverable from the owner, occupier or possessor of the property liable to’ be rated, and shall, if not paid, be a special mortgage, not re- quiring registration to preserve it, on all real estate. 42 V.c. 2, 28. XXIX. The corporations situated in a locality where differ- Aeesemment, ent school districts are established, and persons who are neither . Protestants nor Catholics, shall be assessed only by the trustees é of the school district of the majority; yet out of such assess- ment, they shall give to the trustees of the school district of the minority, a part of such assessment in proportion to the number of children of school age; and the majority shall be determined by the number of Protestant or Catholic children of school age, as the case may be, in locality, according to the census. 42 V.c. 2,5. 29. XXX. All buildings set apart for education, or for religious enone worship, parsonage-houses, and all charitable institutions or ™e™"- hospitals, as well as all the appendages, enclosures, and move- able property attached to such buildings or institutions, and the ground or land on which such buildings are erected, and also all, burial grounds, not being in all more than twenty acres, shall.be exempt from all rates imposed for the purposes of this Act. 42.V.c. 2,5. 30. XXXI. The ratepayers of a school district, including reli- Ratepayers. gious, benevolent or educational corporations, shall pay their respective assessments to the schools of their respective denom- ‘inations; and in no case shall a Protestant ratepayer be obliged to pay for a Catholic school, or a Catholic ratepayer for a Pro- testant school. 42 V.c. 2,8. 31. XXXII. When property owned by a Protestant is occupied Fonantonly | by a Roman Catholic, and vice versa, the tenant in such cases in certain shall only be assessed for the amount of property he owns," whether real or personal ; but the school taxes on said rented or leased property shall, in all cases, and whether or not the same has been, or is stipulated in any deed, contract or lease whatever, be paid to the trustees of the section to which be- longs the owner of the property so leased or rented, and to no other. 42 V.c. 2,8. 32. XXXITI. Whenever property is held jointly as tenants or ag When proper- tenants in common, by two or more persons, the holders ofheldas such property being Protestants and Roman Catholics, they shall °"*"** ‘be assessed and held accountable to the two boards of school 4rustees for the amount of taxes, in proportion to their interest 766 Chap. 62. PUBLIC SCHOOLS. in ‘the business, tenancy, or partnership, respectively ; and such taxes shall be paid to the school of the denomination to which they respectively belong. 42 V.c. 2, 8. 33. Rate oaeiies ©XXIV. In incorporated cities and towns no rate shall be ortowns. = levied at any general or special meeting for the building, re- pairing or improving of a schoolhouse, to exceed in any one year two-and-a-half mills on the dollar on the rateable property in th edistrict. 42 V.c. 2,8. 34. SCHOOL TRUSTEES. : took powers. XXXV. The school trustees in each school district, shall be a corporation under the name of “the school trustees for the “ Protestant (or Catholic, as the case may be,) school district of 7 in the county of ;” they shall have perpetual succession and a common seal, if they think proper to have one; they may sue, and be sued, and shall generally have the same powers to which any other body politic or cor- porate has or ought to have, with regard to the purposes for which it is constituted. 42 V.c. 2,8. 35. eaeEvet XXXVI. Except as elsewhere provided, the time of hold- ing office as school trustee shall be three years. 42 V.c. 2, s. 36. Declaration § XXXVII. Every trustee shall within eight days after his trustee. election make the following declaration before the chairman of ees the school meeting at whjch he was elected : “ I will truly and “ faithfully and to the best of my judgment and ability, dis- “ charge the duties of the office of school trustee to which I “ have been elected.” 42 V.c 2,8. 37. Ay Ba neney XXXVIII. The school trustees shall meet withm ten days ' after receiving notice of their election, for the purpose of choos- ing a chairman and a secretary-treasurer, and transacting such Absence of other business as may be required; and, in case of the absence chairman of the chairman from any meeting of the board, the then assem- bled school trustees shall elect one of their number to act in that capacity for the time being, who shall then be vested with the same powers and privileges as the ordinary chairman. 42 ‘ Vie 2, 8. 38. aan XXXIX. In the meetings of the school trustees all questions meeting. shall be decided by the majority of votes, and the chairman shall have the right to vote, but in case of an equality of votes the question shall be decided in the negative. 42 V. ¢ 2, 8. 39. Duty ofboard XL. It shall be the duty of the board of trustees : To take po, (a.) To take possession, and have the custody and safe keep- property. in x, of all common school property which has been acquired or given for common school purposes under this Actjin their dis- PUBLIC SCHOOLS. Chap. 62 trict ; and such corporation shall be empowered to acquire and hold, as a corporation, by any title whatsoever, any land, move- able property, moneys, or income for school purposes, and to apply the same according to the purpose for which the same were acquired or received ; but they shall not, without the sanction of the section of the board of education to which they belong, have power to alienate or dispose of any school real estate ; (b.) To do whatever they may judge expedient with regard to building, repairing, renting, warming, furnishing, and keep- ing in order the schoolhouse or schoolhouses in their district, its furniture and appendages, and the school land and en- closures held by them, and for procuring apparatus and school books for their school ; and when there is no suitable school- house belonging to the district, or when a second schoolhouse .is requiréd, then to rent, repair, furnish, warm, and keep in order, a house and its appendages to be used as a schoolhouse ; (c.) To contract with and employ such teachers exclusively who hold certificates from that section of the board of educa- tion through which they receive the government grant, and such contract shall be in writing and signed by the contracting parties ; 767 Keeping in order, etc. (d.) To provide for the salaries of teachers, and all other ex- Provide for penses of the school in such manner as may be desired by a majority of the electors of the school district at the annual school meeting, or at any special meeting called for that pur- pose by the superintendent, and to employ all lawful means to collect the sums required for such salarjes and other expenses ; and, should the sum thus provided be insufficient to defray all _the expenses of such school, the trustees may assess and cause to be collected an additional rate, subject to provisions in sec- tion twenty-eight, in order to pay the balance of the teacher's salary and other expenses of such school ; ‘ (e.) To visit the school once a month, for the purpose of see- Bowe ene ing that it is conducted according to the prescribed regulations * of the board of ‘education ; and the school trustees, or any of them, shall, if necessary, make any suggestions in accordance with the said regulations, with a view to the more efficient working of the school ; and, should the teacher fail to act upon them, the matter shall be referred to the whole body of trus- tees, who shall report to the superintendent ;. (f) To see that the discipline of the school is properly en- forced, and, at duly called meetings of the board of trustees to expel unmanageable pupils on the complaint of the teacher, and to deal with complaints and appeals from parents or the teacher, and hold meetings to inquire into the same ; Discipline of the school. _g.) To keep a record of their proceedings, signed at each To keep re- sitting by the chairman and secretary,and also correct accounts °° *¢ 768 Chap. 62. PUBLIC SCHOOLS. of their receipts and expenditures, with reference to the school or schools under their control, mentioning specially what re- lates to each school ; and such accotints shall at all reasonable hours be open to the inspection of the ratepayers of the school district. 42 V.¢. 2,8. 40, Proceedings | XLI. No act or proceedings of a board of trustees shall be unless adopt- deemed valid or binding on any party, which is not adopted at faccting= "a regular or special meeting of the corporation, of which notice shall have been given by either one of their body, or the per- son chosen by them to act as secretary-treasurer, to all the trustees ; and a majority of the trustees at such meeting shall have full authority to perform any lawful business. 42 V. c. 2,8. 41. Trusteemay XLI. It shall not be lawful for any trustee to enter into a contract with contract with the corporation of which he is a member, or to corporation. have any pecuniary claim on such corporation, except for a school site, or as'a collector of school rates—and then only when he shall have been appointed by the other two members of the corporation. 42 V.c. 2,8, 42. a XLITI. No school trustee shall be teacher or inspector of any school in his school district. 42 V. c. 2,8. 43. Tobe re-elect- XLIV. No school trustee-shall be re-elected except by his ed by his own * 3 4 . consent. own consent, during the four years next after his going out of office. 42 V. .c. 2, 8. 44, Mayresign. XLV. Any person chosen as trustee may resign with the consent exnressed in writing of his colleagues in office, and a continuous non-residence of six months from the school dis- trict shall caase the vacation of his office. 42 V.¢. 2,8. 45. ymongxechoo!, SLVI. Ifany vacancy happens among the school trustees, trustees. fiom absence from the school district, or from death, or incapa- city from sickness of any trustee, another shall be elected in his stead by the electors for the locality at a meeting called for that purpose by the chairman or temporary chairman of the échool trustees; and the person so elected shall hold office only for the unexpired term of the member whom he replaces. 42 V.c. 2,5. 46. Election off | XLVII. Whenever, on the occurrence of a vacancy in the i office of school trustee, in the case provided for in the next preceding section, the election of another person to the said office has not taken place within one emonth after the occur- rence of such vacancy, the Lieutenant-Governor in council may fill such vacancy. 42 V.c. 2,5. 47. froabaickness . SUVIIL. In all cases of prolonged incapacity arising from ete. sickness, no election or appointment to fill the said office shall take place, unless the said incapacity has been established by the certificate of a physician, deposited with the secretary- PUBLIC SCHOOLS. Chap. 62. 769 treasurer, and the vacancy arising from such incapacity shall date from the day of the deposit of such certificate. 42 V.c.2 8, 48. , XLIX. The board of school trustees or their secretary-trea- oes surer, shall have at all times during office hours free access to access to the assessment roll of the municipality, and they shall be per- rou. mitted to copy therefrom that portion of it having reference to their respective school districts together with the names and ‘amount for which each individual is assessed. 42 V. cc. 2, 8. . 49, L. In any city or town incorporated; or that may hereafter Hacthives’ °° be incorporated, divided into wards, there shall be elected on a trustees for day to be named by the Lieutenant-Governor in council three school trustees foreach ward, to be elected by the ratepayers of such ward, and such trustees shall be the trustees of the school district: provided that the minority, being Roman Ca- tholic or Protestant ratepayers, as the case may be, shall be at liberty to elect three trustees as provided for ordinary districts, (clauses sixteen and nineteen,) and the trustees, soin anywise elected, shall be the trustees of such district, 42 V. « 2, s. 50, : LI. If any trustee in cities and towns shall absent himself ree? ins for three months from the meetings of the board of school absent from trustees, without being authorized so todo by'a resolution of the board, or if he ceases to reside in the school district for a period of six months consecutively, his seat shall thereby be- come vacant. 42 V.c. 2,8. 51. LII. The boards of trustees in cities and towns shall have pomers,of power : trustees. (a.) To appoint a school inspector, to fix the remuneration to be paid him and to determine his duties ; but such appoint- ment requires the approval of the respective sections of the board of education ; (b.) To levy at their discretion any school rates upon the parents or guardians of children attending the schools of the town or city—such rates not to exceed fifty cents per month on resident pupils or pupils whose parents or guardians own property in the city or town, and not more than one dollar per month on non-resident pupils or pupils whose parents or guardians live outside of such city or town and are not the owners of the property therein—and to employ the same means of collecting such rates, as by the city collector are possessed for the collection of property tax ; and all school rates collected shall be paid into the hands of the secretary-treasurer for pub- lic school purposes, and subject to the disposal of the board of school trustees ; 49 770 Chap. 62. PUBLIC SCHOOLS. (c.) The school trustees in towns and cities shall have power to make by-laws, which, however, must, before they can be enforced, receive the approval of the section of the board of education concerned. 42 V.c. 2, 8. 52. Be ey LITT. In case the board of school trustees of any city or estimates town deem itadvisable so to do,they maymake outan estimate Ror ~~ oof the sum required in any year for educational purposes, and on and before the first day of March in each and every year they shall provide the clerk of the city or town with such estimate, accompanied with a list of the names of the persons liable to ‘be assessed for the support of the public school or schools of City or town which the board applying are trustees; and it shall be the levy and pay duty of the council of such city or town to levy and collect over to schoo : : . trustees. the amount demanded, with the corporation taxes, and to pay over the same to the board of school trustees when collected ; or the council may, from time to timé, advance to any board of school trustees within their municipality any sum or sums which they may think proper, pending the collection of the school taxes: provided that nothing in this Act shall prevent the boards of school trustees from levying and collecting the school rates and taxes themselves, if they shall think proper sotodo. 42 Vie 2,5. 53. jish'angunt” LIV. It shall be the duty of the board of school trustees in Jish annual ceedings de cities and towns, on or before the fifteenth day of January in each year, » (a.) To prepare and publish in one or more public news- papers, or on ;rinted sheets, for the information of ratepayers of the city or town, an annual report of the proceedings and of . ‘the progress and state of the schools under their charge, and of their receipts and expenditures of all school moneys, and to make all returns required by the board of education for the Province, or the sectional board under whose jurisdiction the schools are ; (b.) To submit the estimates for the following school year’ and for the nomination of trustees in room of those whose term of office expires in the different wards, and to fill.any vacancies occurring through resignation, or from any cause specified in the school Act; * {hairman of —_(¢.) In cities and towns divided into wards, the chairman callannual of the trustees shall call an annual meeting to be held ona meeting. = lawful day one week before the day for the election of trustees, for the purpose of receiving the financial statement for the past school year. 42 V.c. 2,8. 54; 43 V.c, 28,5. 1. DISQUALIFICATIONS OF SCHOOL TRUSTEES. Disauatifica’, LV. Except as provided in clause sixteen, no person shall , trustees. be eligible to be elected or to serve as a school trustee who is not a resident ratepayer. 42 V.c. 2,8. 55, PUBLIC SCHOOLS. Chap. 62. 773 LVI. The following persons are disqualified from being 7 elected or serving as school trustees, that is to say: (a.) Any trustee being declared a bankrupt or who has ap- 4 bankrupt. plied for relief as an insolvent debtor, or has assigned his pro- perty for the benefit of creditors ; and (b.) Any person convicted of felony or of an infamous Felony, ete. crime. 42 V.c¢. 2,5. 56. SECRETARY-TREASURER. LVII. The trustees shall appoint as secretary-treasurer Secretary- . reasurer. - one of their own numbe1, or some other competent person, and the duties of such secretary-treasurer shall include : (a.) The correct and safekeeping and producing (when call- Duties. ed for) of the papers and moneys belonging to the corpor- ation ; (b.) The correct keeping of a record of all (their proceedings in a book procured for that purpose ; and (c.) The collecting, receiving and accounting for, of all school moneys, whether from the government or otherwise, for the purpose of school education within his district, and the distri- buting of such moneys in the manner directed by the majority - of the trustees. 42 V.¢. 2,8. 57, LVIL. Every secretary-treasurer shall, before enteriniy apon Secretary: his duties as such, give security to the school trustees by a give security. bond signed and acknowledged before a justice of the peace, and such security shall be given by at least two solvent sure- ties jointly and severally to the satisfaction of the board of school trustees, and for the total amount of the moneys for which the secretary-treasurer may, at any time, be responsible, whether arising from the local school fund or from any parti-- cular contribution or donation paid into his hands tor the sup-. port of schools; and such security shall be renewed or changed whenever its renewal or change is required by the school trus~ tees. 42 Vic. 2,8. 58. LIX. The secretary-treasurer shall receive the assessment Secretary" | roll from the assessors, and shall thereupon notify each per- notify pers! son, whose name appears on said roll, of the amount for which TUTneuerTeae he is assessed; and such assessment roll shall be open at. al] op rol. reasonable hours to the inspection of any ratepayer of the school district; and every such ratepayer shall be entitled to receive a copy thereof, on payment to the secretary-treasurer at the rate of five cents per name on such roll ; EOE ‘(a.) The secretary-treasurer shall notify each person, whose ao neuly name appears on the assesement roll, of the date and the placa plage of courg 172 Chap. 62. PUBLIC SCHOOLS. oftevision. fixed by the school trustees for the sitting of the court of revi- sion, and ten days before being held ; Secretary (b.) The secretary-treasurer shall, within one month after lay roll before receiving the assessment roll from the assessors, lay the same eo before the board of trustees, and, after the said board have struck the rate, he shall receive the roll from them for purpose of collection. 42 V.c. 2,8. 59. . Secretary. -LX. Every secretary-treasurer shall prepare and submit to prepare aa- the board of school trustees, annually, previcus to the general nually a . ‘ i detailed state- meeting of ratepayers, a detailed statement of receipts and ex- ee anes penditures of the school district for the current school year penditures. then expiring; and such statement, after being approved by : the school trustees, shall be by them submitted at the annual Zowurnish meeting of the school district: and the secretary-treasurer payment. — shall, on payment to him of the sum of one dollar, furnish to any ratepayer a copy of such statement. 42 V.c. 2, s. 60. + femunera- —-_- LXI. The remuneration of the secretary-treasurer may, in tary-trea- —_ the discretion of the school trustees, be fixed at any amount not exceeding ten per cent. on the moneys received by him in such capacity ; but such remuneration shall include every service which the trustees may require, from time to time, from the secretary-treasurer, and shall cover all contingent ex- penses whatever, except such as may be specially authorized by rules and regulations of the respective section of the board, and shall not, in any case, exceed the sum of one hundred and fifty dollars per annum. 42 V.c, 2,5. 61, Board may LXII. In incorporated -cities and towns the board of trus- oftheir num- tees shall have power to appoint one of their number or some , other person, as the majority of the board may decide, to be their secretary-treasurer, and to determine the amount of salary to be paid such cflicer, and to impose by by-law such additional duties as may be’ required by the board of school trustees ; and he shall be subject to the same duties, obligations and penalties as are imposed by this Act. 42 V.c. 2,8. 62. PROSECUTION BY OR OF SCHOOL TRUSTEES. Prosecution § LXIIL. The school trustees of any school district may insti- by or Of trus- z A tees,,, tute suits or prosecutions for the school assessments, assess- snonqais,, Ments for schoolhouses, and for all arrears of the said assess- Jlci ments and monthly fees ; and such suits or prosecutions may be instituted before the county court. 42 V. ¢. 2, s. 63. Nojudgment LXIV. In all such suits or prosecutions, judgment may be to beappealed rendered with costs; and no judgment rendered on any such oer suits or prosecutions shall be liable to be appealed from, nor shall any such suit or prosecution be removed by writ of cer- tiovari, 42 Vic. 2,8. 64. PUBLIC SCHOOLS. Chap. 62. 773 d not t LXV. No member of any board of school trustees shall cn- Pomaga in any gage in any suit at law, as such trustee, as plaintiff, without a SA nti: special authorization from the trnstees duly entered in the rization. minutes after deliberation; and every such action may be brought, either by the chairman or the secretary-treasurer, 1n the name of the corporation as the board shall see fit. 42 \ ¢. 2,8, 55. ' LXVI. All persons entrusted in any manner with the carry- Who shall be ing of this Act into effect, or qualified to vote at the election institute pro- of school trustees, shall be competent to institute proceedings ve under this Act, except in cases where it is especially provided to the contrary. 42 V.c. 2,8, 66. LXVILI. All contestations with regard to the election of school Contestations trustees, and to the functions and powers assumed by school brougnt by trustees or any of them, or their officers, or by any person or Mores persons claiming to be such trustee or trustees or officer or officers, may by any competent person be brought by a petition setting forth the case, of which a copy must have been served on the parties concerned, before the county court, at its next sittting, and shall then be determined in a summary manner, on the evidence adduced. 42 V.c. 2,8, 67. LXVIII. Any school trustee whose election has been ob- School trus:, tained by fraud or stratagem, or by the votes of persons not fraud may be qualified as electors, or any person usurping the functions of Ptoseeutet, school trustee, or illegally holding that office, may be sammar- ily prosecuted at the instance of any party interested, or seve- rally collectively interested, before any one of the judges of the county court of the county in which such election, usurpation or illegal retention of office has taken place, for the purpose of declaring such election, or such retention of office, illegal, and such seat vacant. +42 V. ¢. 2,5. 68. LXIX, It shall be the duty of any judge of the court of Any judge or Queen’s Bench, or of the county court of this Province, or any magistrate stipendiary magistrate, to investigate and decide any com- moto come plaints which may be made in the manner provided by the Pints. statute in that behalf, in regard to the election of any school trustee, or in regard to any proceeding at any school meetings : provided always, that no complaints in regard to an election or proceeding at any school meeting shall be entertained un- less made in writing within twenty days after the holding of such election or meeting: the ~ sts and expenses of any such Costs ana investigation shall be paid by °e parties concerned in it, as °*P™S* such judge or magistrate may decide. 42 V.c. 2, 5. 69. COURT OF REVISION. LXX. The school trustees shall be constituted as court of Court of revi- revision for hearing and deciding any complaints that may be “°™ made against any assessment, and as such, shall sit at any time fixed by the trustees, after eight days’ notice given by posters 774 Quorum. Assessors. Collectors, Chap. 62. PUBLIC SCHOOLS. in three public places of the district, by the secretary-treasurer ; and the decision of the said court of revision shall be.final when the amount to be paid shall not exceed twenty dollars; and the members of the said court of revision shall be empowered to administer oath while sitting as such; and every appeal from the decision of such court of revision shall be heard and determined finally at the next sitting of the county court, within the jurisdiction of which liessthe school district. 42 V. c. 2, s. 70. ° QUORUM. LXXI. The quorum of any corporation, board or body con- stituted under this Act, shall (unless otherwise expressly de- clared) be an absolute majority of all the members thereof ; and, the majority of the members present at any meeting réegu- larly held, at whica there shall be a quorum, may validly ex- ercise the powers of the corporation. 42 V.c¢. 2,8. 71. ASSESSORS. LXXIL. The school trustees shall within twenty days after the annual school meeting, appoint one or more assessors, being resident ratepayers; and such remuneration shall be paid to the assessor or assessors as the board shall see fit. 42 V.c. 2,s.72. LXXIII. Before entering upon the discharge of their duties, -such assessors shall be sworn before a justice of the peace to the faithful discharge of the r duties; and they shall, within two weeks after their appointment, proceed to make out an assessment roll of the rateable property of each ratepayer in the school district, and shall deliver the same into the hands of the secretary-treasurer of the school trustees within one month thereafter. 42 V. c 2,8. 73. COLLECTORS, LXXIV. The trustees of a school district shall appoint a fit person to be a collector of school taxes; the collector may be one of the school trustees or the secretary-treasurer ; and in all cases, the school trustees shall have power to provide for the remuneration of such collector. 42 V.c¢. 2,8. 74. LXXYV. In incorporated cities and towns the boards of trus- ‘tees may respectively appoint a fit and proper person to act as , collector of school rates and school taxes, and te pay such col- lector not more than five per cent. on the moneys collected by him ; such collector shall ‘give satisfactory security to the board of school trustees ; he shall have the same powers in the collection of school taxes that the collector of the city or town possesses for the collection of municipal taxes ; and all moneys -collected by him, shall, on demand, be paid over into the hands of the secretary-treasurer of the board of school trustees for public school purposes. 42 V.c. 2, 8, 75. PUBLIC SCHOOLS. Chap. 62. 775 t AUDITORS. LXXVI. At every annual meeting of any school district Auditors. there may be appointed by the ratepayers, one or more audi- tors or persons to examine the accounts of the secretary-treas- urer of the school trustees and report thereon at the next an- ‘ nual meeting ; and he or they shall certify to the correctness or otherwise of such accounts. 42 V. c. 2, 8, 76. TEACHERS. LXXVII. It shall be the duty of every teacher employed by Teachers. any board of school trustees under either of the sections of the board of education ; (a.) To teach diligently and faithfully all the branches re- Duty. quired to be taught in the schools according to the terms of his engagement with the school trustees, and in accordance with the provisions of the school Acts of Manitoba, or any by- laws and regulations issued under the. same ; jf onaraim } (b.) To keep in the prescribed form the register of the school ; (c.) To maintain proper order and discipline in the school ; (d.) To keep a visitors’ book (which the trustees shall pro- vide) and enter therein the visits made to his school, and to present such book to every visitor and request him to make therein any remarks, suggested by his visit ; (e.) Togive the trustees and visitors access at all times, when desired by them, to the registers and. visitors’ book appertain- ing to the school ; (f.) To deliver up any school registers, visitors’ book, school- house key, or other school property in his possession on the de- mand or order of the board of school trustees employing him ; (g.) To have at the end of every half-year at least, a public examination of his school, of which he shall give due public notice ; (h.) To furnish to his superintendent or to the inspector of such schools concerned, any information which it may be in his power to give respecting anything connected with the operations of his school or iim anywise affecting its interest or character. 42 V. c. 2, s. 77. LXXVITI. All agreements between trustees and teachers, Agreements to be valid and binding, shall be in writing, and signed by the eis: teacher and the chairman of the board of school’ trustees em- ploying him, and sealed with the corporate seal of the trustees, if they have any corporate seal. 42 V. c. 2,8. 78. 776 Chap. 62. PUBLIC SCHOOLS. eee oF LXXIX. In case of sickness, certified by a medical man, gase of sick- every teacher shall be entitled to his salary during such sick- ness for a period not to exceed four weeks for the entire year, which period may be increased by the board of school trus- tees : provided that such trustees employ a legally qualified person to supply his place during sickness. 42 V. c. 2,8. 79. INSPECTORS. Inspectors. LXXX. The sections of the board of education shall have ; power to appoint inspectors who shall hold office during the pleasure of the section appointing them, to detine their duties and to provide for their remuneration. 42 V. c. 2, s. 80. Appointment LXXXI. The boards of trustees of cities or towns shall, re- onnspector. spectively, with the approval of the section of the board of education concerned, have power to appoint a fit and proper person to be inspector of all public schools within the juris- diction of the board of trustees appointing him, who shall by frequent visits to the schools and in every other way do all in his power to improve their character and efficiency ; such in- spector shall report quarterly to the trustees, who shall trans- mit a copy of all such reports to the superintendent of the section having jurisdiction over such schools. 42 V. c. 2,s. 81. VISITORS, “Wisitors. LXXXII. The visitors in each district may be: (a.) The resident priest or minister or clergyman of what- ever denomination : provided always, that such priest or min- ister or ecclesiastic shall only have the right to visit schools under the jurisdiction of the section, whether Protestant or Catholic, to which such priest, minister or ecclesiastic may belong ; (b.) The members of the Provincial Legislature ; (c.) The judges of the court of Queen’s Bench and county court ; (2) The members .of each section of the board in their respective schools ; and (¢.) The trustees of each school district in their own district. 42 V.c. 2, 8. 82. ‘Saieas Th incorporated cities or towns a general meet- Rian ing of the visitors may be held at any time or place appointed by. any two visitors, on sufficient notice being given to the other visitors, and the visitors thus assembled may devise such means as they may deem expedient for the effici- ent visitation of the schools, and, in concert with the school PUBLIC SCHOOLS. Chap, 62. authorities, for promoting the establishment of libraries and the diffusion ‘of knowledge. 42 V. c. 2, s. 83. SCHOOL ATTENDANCE. LXXXIV. The teacher of each school in this Province re- ceiving public aid, shall, within ten days after the close of each semi-annual school term, transmit to his superintendent a cor- rect statement of the names of the children attending such school, with their respective ages, distinguishing between the sexes, together with the average attendance during the prece- ding school term, and the statement of the number of months during which the school has been kept open, with such other information as the superintendent may, from time to time, re- quire. 42 Vie 2,8, 84 ANNUAL CENSUS OF CHILDREN, LXXXV. The school trustees in each school district shall, Annual cén- between the first and thirtieth days of November in each year, ren. cause to be made by the secretary-treasurer a census of the children in such school district, from the age of five years in- clusive to the age of fifteen years inclusive, giving the age in each case, and mentioning those who attend the school; and such census, after being certified by the secretary-treasurer and at least one of the trustees of the district under oath made be- fore a justice of the peace, shall, on or before the tenth day of the month of December following, be presented to the pro- per superintendent, whose duty it shall be to forward the same to the Provincial secretary within the eight days following ; and no census shall be regeived by the superintendents respec- tively after the said date of the tenth day of December in each year. 42 V.c. 2,8. 85. APPORTIONMENT OF PUBLIC MONEYS. LXXXVI. The sum appropriated by the Legislature for Apportion- common school purposes, shall be divided between the Pro- public funds. testant andRoman Catholic sections of the board of education, in the manner hereinafter provided, in proportion to the num- ber of children between the ages of five inclusive and fifteen in- clusive, residing in the various Protestant and Roman Catholic school districts in the Province. 42 V. ¢. 2, s. 86. LXXXVII. The Provincial treasurer and one other member education funds and legislative grant between the Protestant and Catholic sections of the board of education ; and the selec- tion of a member of the executive council to act as member of such committee, shall ever be so made, or from time to time changed by the Lieutenant-Governor, as to secure that one metnber of the said committee shall be of the Protestant and one of the Catholic persuasion. 42 V. c. 2 s. 87. : . ‘ for the appor- of the executive council, to be appointed by the Lieutenant-tlonment ot Gevernor, shall form a committee for the apportionment. ,of appointed, 778 Chap. 62. PUBLIC SCHOOLS. comaci such = “LX XXVIIL It shall be the duty of such committee, on or before the fifteenth day of January in each year, to apportion the education fund ; and within two weeks after the proroga- tion of the session of the legislature at which the school grant is voted, to apportion said grant, between the Protestant and the Catholic sections of the board of education, according to the aggregate number of children, being respectively Protes- tant and Catholic, between the ages of five inclusive and fif- teen inclusive, which shal! be found from the census hereinbe- fore provided, to be residing within all the school districts ex- ‘isting in the Province. 42 V.c. 2,8. 88. If census LER eae LXXXIX. Ifthe census returns upon which such appor- detective. tionment is at any time to be made, or any of them, be defec- tive in any respect, the said committee shall have power to re- quire school trustees to supply to the committee such informa- tion as will enable them to correct the same. 42 V.c. 2,8. 89. Apportion- XC. After such apportionment shall have been made to the ment to be paidby two Protestant and Catholic sections of the said board of education sayments, the sum due to each section shall be.paid by two semi-annual payments. 42 V.c. 2,8. 90. Superintend- ; ‘ . Superintend: =XOI. The superintendent of each section shall-deposit such 1p) . : a moneyin money in such bank as the Lieutenant-Governor in council may direct. 42 V. c. 2,8. 91. EXPENDITURE OF SCHOOL MONEYS. oreo? ~~ XOIL (a). From the sums so appropriated to each section money? there shall be paid the incidental expenses of that section, and such sums to the superintendents of education as the Lieuten- ant-Governor in council may deem just, and each section of the board may reserve for unforeseen contingencies a sum not exceeding ten per cent. of its share of the appropriation ; tobspad (b.) Then the sum of fifty dollars shall be paid semi-annual- Cie ly to each school which has been in operation during the pre- schnol, vious term; and, in case of newly established schools, to those which have been in operation for at least one month of said term, shall also be paid the sum of fifty dollars ; How residue’ —_(c.) The residue then remaining may be divided annually or semi-annually among all the schools, upon the basis of the average attendance of pupils attending said schools, as shown in the semi-annual returns made by the teachers ; esnave (d.) No school shall be entitled to receive any portion of the neglected —_ annual grant for the year, where the trustees have neglected provide ’ a ieee q ‘s iS) census. to transmit, within the time provided by law, the census re- turns which form the basis of the apportionment of the public funds. 42 V.c. 2,8. 92. PUBLIC SCHOOLS. Chap. 62. 779 XCIIL. All payments authorized by the next preceding sec- Payment? tion, shall be made by the superintendent by cheque upon the cheaue bank in which the moneys have been deposited, or in case of the absence of the superintendent, then by some person duly authorized to act for him. 42 V.c. 2,8 93. XCIV. Any school not conducted according to all the pro- School not visions of this or any other Act in force for the time being, according to, shall not be deemed a public school within the meaning of the this Act. law, and such school shall neither participate in the education- al funds, nor in the legislative grant. 42 V.c. 2,8. 94. ARBITRATION. XCOV. In case of any difference between school trustees and ATPitration. teacher in regard to his salary or the sum due him or claimed to be due, or any other matter connected with his duty, the same shall be submitted to arbitration, in which case each party shall choose an arbitrator. 42 V. c. 2, s. 95. XUVI. In case either party in the first instance neglects or Action in case refuses to appoint an arbitrator on his behalf, the party re- to appoint quiring the arbitration may, by notice in writing to be served "940" upon the party so neglecting or refusing, require the last. named, within three days, exclusive of the day of service of such notice, to appoint an arbitrator on his behalf, and such notice shall name the arbitrator of the party requiring the ar- bitration ; and in case the party served with such notice does not, within the three days mentioned therein, name and ap- point an arbitrator, then the party requiring the arbitration may appoint the second arbitrator, 42 V.c. 2, s. 96, XCVIL The superintendent or a member of the sectional ee board to be nominated by such superintendent, shall be the arbitrator. third arbitrator. 42 V.c. 2,8. 97. , XOVIIL. The arbitrators may require the attendance of any Arbitrators or all the parties interested in the reference and of their wit- attendance of nesses, bearing on the matter in question ; and such arbitrators P°***- may direct them or any of them to produc2, and the arbitra- tors may take evidence on oath. 42 V.c. 2, 5. 98. S41 i . f i Arbitrators XCIX. The said arbitrators or any two of them may issue Abitrato their warrant to any person named therein, to enforce the col- warrant to lection of any moneys by them awarded tobe paid; and the ieeuoe or person named in such warrant shall have the same power and ™0?°9s- authority to enforce the collection of the moneys mentioned in the said warrant, with all reasonable costs, by seizure and sale of the property of the party or corporation against whom the same has issued, as any bailiff of the county court has in en- forcing an execution issued on a judgment out of such court. 42 ¥.¢ 2, 3, 99, 780 In case of dispute be- tween two boards, etc, Proviso. Municipal officers. City or town clerk to fur- nish certified copy of voters’ list. Board shall provide city Chap. 62. PUBLIC SCHOOLS. C. In case of any dispute or difference arisng between any two boards of school trustees in regaid to any sum of money due or claimed to be due under any Act of the Province of Manitoba, the same shall be referred to arbitration in the man- ner hereinbefore provided : and, prvoided always, that in dif- ferences-between any two boards of school trustees, the third arbitrator shall be chosen by the other two and the decision of the majority of such three arbitrators shall be final. 42 V.c 2,3. 100. MUNICIPAL OFFICERS. Cl. For school districts within a municipality, it shall not be necessary for the trustees to assess their school district ; but on application to the clerk of the municipality, he shall furnish the secretary-treasurer of the school district with a copy of so much of the assessment roll of the property contained within the school district, as he may require ; and on such property the school trustees shall levy the school rate. 42 V. c. 2,s. 101. CIL. It shall be the duty of the city or town clerk to furnish to the board of school trustees, five days before the annual school meeting authorized to be held under this «ct, a certifi- ed copy of the last revised municipal votors’ list for each ward in the city or town in which such Acts are in force, 42 V.c. 2.8. 102. 2 CIII. In case the board of school trustees of any city or town or town clerk deem it advisable so to do, they may make out an estimate of with estimate and list of names. _ Proviso. Holidays. Vacations. the sum required in any year for educational purposes, and on or before the first day of March in each and every year they shall provide the clerk of the city or town with such estimate accompanied with a list of the names of the persons liable to be assessed for the support of the public school or schools of which the board applying are the trustees, and it shall be the duty of the council of such city or town to levy and collect the amount demanded, with the corporation taxes, and to pay over the same to the board of school trustees when collected ; or the council may from time to time advance to any board of school trustees within their municipality, any sum or sums which they may think proper, pending the collection of the school taxes : provided that nothing in this Act contained shall prevent the boards of school trustees from levying and collect- ing the school rates and taxes themselves, if they shall think proper soto'do. 42 V.c. 2, s. 108. HOLIDAYS, CIV. Every Saturday and every statutory holiday shall be a holiday in the public schools. 42 V. ¢. 2, 5.104. CV. In incorporated cities and towns there may be three vacations during the year: the summer vacation from the middle of July to the Ist of September ; the Christmas vaca- PUBLIC SCHOOLS. Chap. 62. 781 tion, consisting of ten days, from the twenty-fourth December in- elusive : and the Easter vacation, consisting of one week, from the Thursday before Easter inclusive. 42 V. c. 2, s. 105. BY-LAWS FOR COMPULSORY ATTENDANCE OF CHILDREN, CVI. Every board of school trustees of cities and towns may, BY lame oor with the sanction of theic section of the board of education, attendance. make, amend or revoke any by-laws for their school district for any of the following purposes : (a.) Requiring the parents or guardians of children of not less than seven years nor more than twelve years of age, as may be fixed by the by-law, to send such children to school for a certain period in each year, unless sufficient evidence be pro- duced by such parents or guardians, that they cannot do so ; and any of the following shall be considered a reasonable ex- cuse : : (1.) That the child is under instruction in some other man- ner satisfactory to the magistrate before whom the complaint may be brought ; « (2.) That the child has been prevented from attending school by sickness or any unavoidable cause ; (8.) That such child has reached a standard of education of the same or greater degree than that to be obtained in such public school, by children of twelve years of age: (b.) Determining the time during which such children are to attend school ; (c.) Imposing penalties upon parents or guardians for the breach of any by-law, thus : (1.) Admonition in the form of a note cf warning signed by the chairman of the board of school trustees ; (2.) Summons to appear before the board of school trustees, and to receive reprimand from the chairman, if merited ; ‘ (3.) Complaints by the board of school trustees to any jus- ey tice of the peace of the district, who may impose a fine not ex- e ceeding twenty-five cents for the first offence, fifty cents for the second, and so on, doubling the last fine for any repetition of the offence. 42 V.c. 2, s. 106. CVII. It shall be competent for any judge of the county Jude ie fhe court or stipendiary magistrate to investigate and decide upon orstipendiary any complaints mae by the trustees or by any person author- magisttate ized by them, against any parent or guardian, for the violation eee ch ° of any such by-law, as is by the previous section provided, may be enacted ; and it shall be the duty of such judge of the 782 Chap. 62. PUBLIC SCHOOLS, county court to ascertain, as far as may be, the circumstances of any party complained against, for not sending his or their child to school or otherwise educating him or them, and whether the alleged violation has been caused by poverty or ill-health ; Sale of lands for school taxes, How state- ment shall be made. Notice by secretary- t.easurer. Sale. Lands to be sold to be offered to public com- petition. Secretary- treasurer to make known the sum to be and in any such case the judge shall not award punishment, but shall report the circumstances to the trustees making the complaint. 42 V.c. 2,8, 107. SALE OF LANDS FOR SCHOOL TAXES. CVIII. On or before the first day of May in each year, the secretary-treasurer of each school district shall prepare a state- ment of all non-resident lands, or lands vacated by the owners thereof, which are in arrears for taxes for the two previous school years, within the school district, and on which there are no chattels to distrain ; and in such statement he shall show opposite to each lot or part of lot, the reason why he could not collect the same, by inserting the word “ non-resident” or “no chattels to seize,” as the case may be; such statement shall give a description of all the lands in arrears, showing the am- ount of arrears opposite each lot or parcel of land, and the cost of advertising the same ; and the secretary-treasurer shall cause said statement to be inserted at least three weeks in succession in the Manitoba Gazette, and in a weekly newspaper within the school district ; or, if there be no paper published within the school district, then in the one nearest ther:to, always pre- ferring the one having the largest circulation, if there be two or more papers published in the same place ; and the secretary- treasurer shall state in said list or statement that all such lots or parcels of land will be offered for sale on the first Monday in June immediately following said advertisement, commenc- ing at twelve o’clock noon, unless, in the meantime, the taxes and other expenses thereon have been paid; and the sale shall take place within the school district, at a place to be named in the advertisement; and in addition to the aforesaid arrears and costs for advertisement, the secretary-treasurer shall, on the day of sale, add twenty per cent. and one dollar to each parcel of land, he shall’sell, which said dollar he shall be enti- tled to for sale made by him. 42 V.c¢, 2, s. 108. ’ CEX. All the lots so offered for sale as aforesaid in the school district may be included in the same statement and in the same notice. 42 V.c. 2,5. 109. CX. All lands; goods and chattels to be sold under the au- thority of this Act, for the payment of taxes or other dues, shall be offered to public competition ; but such lands, goods and chattels so publicly sold shall he exempt from auction duty : (a.) Atthe place, day and hour appointed for the sale of lands a3 aforesaid, the secretary-treasurer of the board of school trus- tees shall make known the amount of the sum to be raised as PUBLIC SCHOOLS. Chap. 62. 783 aforesaid upon each such property, to which amount he shall toner: add the just proportion of the costs and expenses to be borne ‘Y- by each such property : and the person who then and there offers to pay the secretary-treasurer the amount of the said sum to be raised, with costs and expenses, for the smallest part, quantity or portion of the said lot, shall be entitled to be the purchaser of such portion, and shall be adjudged the purchaser thereof by the secretary-treasurer, who shall sell such portion of the property as appears to him best for the interest of the proprietor thereof, but such portion sold must lie adjacent to a road or road allowance ; (b.) On payment by the purchaser of the amount of his pur- Secretory, chase money, the secretary-treasurer shall give a certificate, sive a receipt. under his signature, to such purchaser, specifying the particu- lars of such sale ; (c.) No such purchaser of any lot of land shall use, cut or No purchaser carry away any timber during the time he is in possession carry away thereof; and it shall be the duty of the former proprietor, be-?™% “™P*" fore he can recover possession of his land so sold, in addition to what he is bound to pay, to repay the said purchaser all the taxes, costs and the value of all public works which he has paid or performed during the time the land was in his posses- sion ; (d.). If within two years from the day of such sale, the ori- Original | ginal owner of the lot or any one in his behalf pays to the se- recover DOs- cretary-treasurer the amount levied, together with twenty per SWo> years. cent., in addition to the same, then he shall be entitled to re- cover possession of the lot or parcel of land sosold; and the secretary-treasurer shall, on demand, pay to the purchaser thereof, his heirs or assigns, the amount so received by him ; and thereupon (subject to the condition in the next following sub-section) the right acquired by the purchaser in the land shall henceforth whoily cease and determine ; (e.) Any person may redeem any such lot or parcel of land ne poppet so sold, whether thereto authorized or not by the original pro-iund in name prietor, but for and in the name of such proprietor only ; SOME (f) Whenever any such redemption is effected by a person Secretary: | not specially authorized, the secretary-treasurer shall mention mention in the receipt given by him for the redemption money, the receipt. name and designation of the person paying the same ; (g.) Every such receipt shall be made in duplicate: one du- Rezeipi to be plicate shall be delivered to the person paying the redemption a money, and the other shall remain on record in the office of the secretary-treasurer ; ; (h.) Every such receipt or a certifiel copy thereof, certified receipt to be . : . + ¢ the proof of by the secretary-treasurer, shall be proof of the payment men- py, oor 784 Chap. 62. PUBLIC SCHOOLS. tioned therein ; and when registered in the proper registry office, shall secure to the person therein mentioned, his heirs or assigns, a privilege and mortgage over and prior to all other claims upon the lot or parcel of land so sold ; Abingexpira- (j.) Tf, at the expiration of two years from the time of such ears, secre- sale, the land so sold is not redeemed as aforesaid, then the se- ary-treasu- : : rer may exe-_ cretary-treasurer, on demand by the purchaser, his heirs or as- sate. 2° sions, and upon payment of the arrears of any other assess- ments which in the meantime have become due thereon, shall execute a deed of sale in due form conveying in the name of the corporation of the school trustees the property so adjudged to such purchaser, his heirs and assigns ; for which conveyance the secretary-treasurer shall be entitled to one dollar for each deed he executes as aforesaid, said dollar to be paid to him by the purchaser of the land ; Eo oie. We) puck deed of sale shall be a legal conveyance of the said ance. land, and shall not only transfer to the purchaser all estate which the original holder had therein, but shall also purge and disencumber such land from all privileges and mortgages due thereon ; : Whentietters (:.) But whenever any lot of land is sold before the issuing poe of letters-patent from the crown granting the same, such sale seust shall in no wise affect the rights of Her Majesty in such land, but shall solely have the effect of transferring to the purchas- er such rights of pre-emption or other claim as the holder of such lands or any other person had acquired, if any, in respect of the same. 42 V.c. 2, s. 110. List of per- CXI. Previous to the first day of August in each year, the sons in + . ig 2 arrears to be boards of school trustees in cities or towns, if they themselves made,and collect the school taxes, shal] cause to be made a list of the names of all persons in their district in arrears for school taxes, the amount due by them, distinguishing the amount due on real and personal property, the lot or lots on which such taxes are due; and if such taxes remain unpaid, it shall be the duty of the said board of school trustees, on or prior to the last day of August in each year, to register the said lots with the amount due on real estate only, in the registry office of the registration division in which such lands are situated by filing a copy of the tax list ; after which such taxes shall become a first lien or mortgage on the lot or lots on which they are res- pectively due and payable; and any sale of such property or transfer made thereafter shall be subject to such taxes. 42 V. ¢e. 2,8. 111. BORROWING MONEY. CXIIL. If the ratepayers of any school district, at a public meeting duly called, require the trustees to borrow any sum of money for the purchase of school sites or erection of school ¥ PUBLIC SCHOOLS. Chap. 62. 785 Borrowing houses and their appendages, or for the purchase or erection of money. a, teacher's residence, or for the purpose of paying off any debt, charge or lien against such school house or residence, or against the trustees of any school district incurred by them as such trustees, for any of the purposes aforesaid, the said: trustees shall forward to the Lieutenant-Governor in council a certified copy of the minutes of such meeting, and the Lieutenant-Gov- ernor in council may thereupon sanction such loaas, and such sanction shall bind the ratepayers of the said school district to cause to be levied a sum sufficient for the payment of the prin- cipal and interest on any such loan, at the times when the same shall become payable, as provided between the trustees and the lender: but (a.) No loan shall be made for any term exceeding twenty 7"™ of loam years ; incl ! Principal (b.) The principal on such Joan may be made payable by Sayable by: annual instalments ; instalments. (c.) Notice of such meeting shall be duly given by posting Rotigest up on the door of the schoolhouse (if any) and in two or more ‘conspicuous places within the school district, for which such loan is sought to be obtained, at least two weeks previous to such meeting—the notice to be in the form or to the effect of that set forth in schedule A to this Act; (.) A majority of the ratepayers of any such school district Mi ate present at any such meeting, shall be sufficient to authorize sufficient to such loan, and the assent of the Liewtenant-Governor shall be loan. obtained before such loan is completed ; (e.) The assent of the Lieutenant-Governor in council to any Assent of Lt. such loan shall be conclusive evidence of all the necessary for- sive evidence 2 : ‘ : z of formalities malities having been complied with, and that such loan is one 2 irptied which such school district may lawfully make ; with. (f.) Any school district having obtained the assent of the Pebentures. Lieutenant-Governor in council to a loan, may issue deben- ° tures therefor in the form set forth in schedule B to this Act, to secure the amount of the principal and interest upon such loan, upon such terms as such loan can be obtained; and the said debentures shall be sufficient when signed by the secre- tary-treasurer and countersigned by one or more trustees, to bind the said trustees and to create a charge or lien against all school property rates in the school district for which such loan is mace. SCHEDULE A. PUBLIC NOTICE, Notice is hereby given that a meeting of the ratepayers For.n B. within the school district will be held at the 50 786 Form C. Power of Chap. 62. PUBLIC SCHOOLS. in the said school district on day, the day of 18 __, at the hour of ¥ Yelock in the noon, for the purpose of considering the expedi- ency of raising money by way of loan to (here state the pur- pose for which the loan is intended). Dated this day of ) 18 Secretary-treasurer, SCHEDULE B. Debenture of the school district for school loan. The trustees of the school district promise to pay to the bearer, at the , at ' the sum. of dollars of lawful money of Canada from the date hereof, and to pay interest thereon yearly on the days of and at the same place at the rate of per centum per annum to the bearer of the coupons hereunto annexed or subjoined. Issued at this day of 18. by and under the authority of s Secretary-treasurer. | COUPON NO. The board of the school trustees of the school distriet of will pay the bearer at the bank at on the day Jot — 18 Lhe sum | . ee dollars, interest due on that day on school debenture No. Is 5S. M.. Seeretary-treasurer. iP 43 Vie. 25,8, 2. CXIIL. In incorporated citics and towns the boards of school trustees shall each have power to borrow money for the pur- chase of school sites or the erection of school buildings or other school purposes in the manner hereinafter provided. 42 Vow, 2.9. is, CXIV. To cnable the boards in the last piecediny section board to issue ri 5 . debentures— mentioned to borraw money, such boards of school trustees schedule C. shall have power to isste delLentures in. the form given in PUBLIC SCHOOLS, Chap. 62. schedule C to this Act, for such sums as may be decided. upon at an annual school meeting, or a special meeting of the rate- payers represented by any such board, called for that purpose, redeemable within twenty-one years from the date thereof, with interest not exceeding eight per cent. per annum, pay- able semi-annually ; which debentures shall be a charge upon the school district, and the interest on them shall be the first charge on annual school taxes; and each board of such trus- tees shall make provision out of the annual school taxes for the formation of a sinking fund for the repayment of the prin- cipal of said debentures; the debentures shall be sealed with the corporate seal of the board of school trustees and signed by the chairman and countersigned by the secretary-treasurer : provided that the whole amount’of such debentures shall not exceed the sum of $20,000 for the board of the school trustees of the majority, nor the sum of $10,000 for the board of the school trustees of the minority. SCHEDULE C. Debentures of the school district of the city or town of for school loan ‘ « The board of school trustees of the school district of the city or town of vmnnn Promise to pay to bearer at the bank at the sum of dollars lawful money of Canada, years from the date hereof, and to pay interest in semi-annual payments at the rate of per cent. per annum to the bearer of the aanexed or subjoined coupons upon the presontation thereof at the said bank. Issued at this day of © "18 wma" hy virtue and under the wuthority of section om. ye and pursuant to by-law No. of the sail board of schovl trastees passed on the day of 18 intituled “A 787 . Proviso. Schedule. by-law to raise by way of loan the sum of dollars . for the purposes th-rein mentioned,” AP, [SM td, Chair nan. See-Treasurer. 788 Coupon, Fines and penalties. Penalty for trustee or secretary- treasurer ‘detaining any book, ete. Penalty for signing au false report. Penalty for father or head of a family refusing information. Chap. 62. PUBLIC SCHOOLS. Coupon No. The board of the school trustees of the city (or town) of will pay the bearer of the bank at day of 18 the sum of dollars, interest due on that day on school debenture No. S.M., Secretary-Treasurer. 42 V.c. 2,8. 114. FINES AND PENALTIES. 6 CXV. Any person elected as trustee who shall refuse to serve shall incur a penalty of five dollars, and any trustee or seeretary-treasurer neglecting or refusing to discharge any duty assigned to him or them by this Act, shall be liable to a penalty of ten dollars for each offence; and said penalties maybe re- covered within three months of the time when such offence was committed. 42 V.c. 2,8, 115. CXVI. Whenever any school trustee, or secretary-treasurer, after his dismissal, resignation, or ceasing to hold office, de- tains any book, paper or thing belonging to the school trustees of any school, he shall thereby incur a penalty of not less than five dollars, nor more than twenty dollars, for each day during which he shall wrongfully retain possession of any such books, papers or things after having received a notice from his super- intendent of education requiring him to deposit the same in the hands of some person mentioned in such notice, 42 V.c. 2,8. 116. CXVI. If any trustee of aschool, or other person, knowing- ly signs a false report, or if any teacher of a common school keeps a false school register, or makes a false return with a view of obtaining a larger sum than the just proportion of school moneys coming to such school, such trustee or teacher shall for each offence forfeit the sum of twenty dollars. 42 V. ce. 2,8. 117. CXVIII. Every father, head of family, or guardian, who re, fuses to give to the trustees of any school district the informa+ tion required by them to enable them to make up the census of children required by this Act, or who makes a false declara-. PUBLIC SCHOOLS. Chap. 62. 789 tion concerning the same, shall incur a penalty of not less than five nor more than twenty-five dollars. 42 V.c. 2,5 118. Penalty for CXIX. Any justice of the peace, aseessor, constable or other Ps Be Aas officer neglecting or refusing to discharge any duty assigned to bie or other him by the provisions of this Act, shall be liable to a penalty cieto aie for each offence of a sum not exceeding fifty dollars. 42 V. ©, eharee aunty. 2,8. 119. OXX, If any person wilfully makes a false declaration of fai, declare his right to vote, he shall be liable to a penalty of not less tion than fifty nor more than one hundred dollars. 42 V. ¢. 2,8. 120. CXXI. The proceedings of every school meeting shall, with- Procegdinss in eight days thereafter, “be reported by the chairman of such Peer be meeting to the superintendent of his section, under a penalty within cient of five dollars. 42 Vic. 2 ,8. 121, ae OXXIL. Any person who wilfully disturbs, interrupts or Penalty for disquiets the proceedings of any school meetings, or any oneturbing pro- who interrupts or disturbs any public school by rade or inde- cs cent behaviour, or by making a noise either within the place meetins. where such school is kept or held, or so near thereto a3 to dis- turb the order or exercises of the school, shall, for each otfence, on conviction thereof before a justice of the peace, forfeit and pay asim nob exceeding twenty dollars, together with the costs of the conviction, as the said justice may think fit. 42 V.c. 2,8, 122. CXXIII. Any person chosen as trustee Who has not refused Penalty-for to accept office, and who at any time retuses or neglects to per- ing to per- form his duties, shall forftt the sum of twenty dollars, 42 V. form duties. ce. 2, 8. 123. CXXIV, Should the trustees of any public school wilfully Trustee to be neglect or refuse to exercise all the corporate powers vested in ally responsi- them by this Act or any other Act or Acts of this Province, for’ eek kes the fulfilment of any contract or agreement made by thei, any trustee or trustees so neglecting or refusing to exercise ‘such powers shall be held to be personally responsible for the fulfil- ment of such contract or agreement. 42 Vie. 2.8, 124. CXXV. All of such prosecu'’ -ns for fines and penalties may Prosecutions * . nes be instituted by any compete :: person before any justice of} be instituted i ) by any com- the peace who may convict ti» offender on the oath of one Pent person credible witness, and if upon conviction, the penalty with costs “penalty, is not paid forthwith, the same shall, under warrant of such disposed of. justice, be levied with costs of distress and sale of the goods and chattels of the offender; and such penalty when, so “paid and collected shall, by such justice, be paid over to the school fund of the district to which such delinquent belongs. 42 V. ¢e, 2,8. 125. 790 Citation, Preamble. -Corporation. May hold real estate not exceeding Chap. 63. UNIVERSITY OF MANITOBA. CXXVI. This Act may be cited as “The Manitoba School act.” 42 Vie 2,5. 126. a CHAPTER LXIIT. An Act respecting the University of Manitoba. Corporation, s. 1. May hold estate not exceeding $30,000 annual value, s. 2. Corporation officers and eopnet: s. 3. Powers of governing body, s wae shall comprise first i anontion, Register to be kept by Provincial sec- retary, Ss. 6. Fee of $2: for entry,s. 6. Provincial secretary to call meeting within one month, s. 7, How to be ealled, s. 7. Convozation to choose three represen- | tatives to council, s. 7. Provincial secretary to notify chan- cellor.s. 7. Who shali compose convocation, s. 8. Meeting of convocation, s. 9. Vice-chancellor elected ‘annually, S. 10. Functions of Uviversity, s. 11. Chancellor to be appointed by Lieut.- Governor in council, s. 12. Vice-Chancellor in the first instance shall also be appointed by the Lieut.- Governor in council, s. 13. Vacancy in chancellorship, s. Lie Appointment of vice-chancellor an- nually, s. 15. In case of vacancy in vice-chancellor- ship, 5. Lieutenant-Governor t6 be visitor of university, s. 17. eounell to have entire management, council to makestatutes, on whal sub- jects, s. 19 How statutes made, s. 20. Questions in council ; how decided, s. “No question to be decided unless eleven members present, s. 22. Presiding chairman of council, s. 23. Examination for degrees, s. 24. Special examination, s. 25. Persons admitted as candidates for de- grees, 8. 26. Affiliated colleges to have the manage- ment of their owa affairs, s. 27. Certain colleges to be in connection with university, s 28. ; Council to report to Lieut.-Governor through Provincial secretary, 8s. 29. On approval of report, persons to be admitted to examination,.s. 29. Power of council, s. 30. Candidate, if approved, to receive cer- tificate, etc.,s. Regulations of the council, s. 32 Power of affiliated incorporated col- leges, 8. 33. Duties of presidents of faculties in the- ology, s . Oath of examiner, s. 85. Fees to be devoted to expenses, s. 36. ’ Statutes and by-laws to be approved by Lieut.-Governor, s How Act to be construed, s. 38. Expenses of working university, s. 39. Normal schools, s. 40. Endowment of normal schools, s. 41. Act may be cited as “The university Act of Manitoba,” s. 42. WHEREAS, it is desirable to establish one University for the whole of Manitoba (on the model of the University of London), for the purpose of raising the standard of higher education in the Province, and of enabling all denominations and classes to obtain academical degrees ; therefore, Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : I. A chaneellor, vicc-chancellor and all the members of the council, to consist of the persons hereinafter mentioned, and all the persons who may hereafter be appointed to be chancel- lors, viea-chancellors and members of such council, are hereby declared and established a body politic and corporate by the nam: of the “University of Manitoba.” 40 Vie 11,5. 1. II. The corporation may purchase, take and hold real and personal estate which may be hereafter sold, ceded, exchanged, UNIVERSITY OF MANITOBA. Chap. 63. 791 bequeathed or.granted to the said University : provided always, goo aie that such real estate so held by the University hereby created and incorporated, shall not exceed the annual value of thirty thousand dollars—such annual value to be calculated and as- certained at the time of taking, purchasing or acquiring the same—and the said corporation may grant, sell, lease, mort- gage or otherwise dispose of the same as may be deemed ex- pedient for the interest of the University. 40 V.c. 11,s. 2. III, The corporation shall consist of a chancellor, vice-chan- oméersand cellor, and a council, which shall be composed as follows : couneil) (1.) Seven representatives, to be selected by each of the in- corporated colleges of the Province named in the twenty-eighth section of this Act, aud by each of the incorporated colleges which may be affiliated hereafter to the University ; (2.) Three representatives, to be selected by convocation as hereinafter constituted ; (3.) One member of each section of the board of education. to be selected once a year by the said sections of the board. 40 V.e. 11, 8. 3. IV. For the purposes aforesaid, it shall be competent for the Powers oF governing body of each of the said incorporated colleges so body. affiliated, to select not more than seven representatives, to form part of the council of the University, to cancel any of such ap- pointments, and from time to time to make others, as the case may be ; but due notice of such appointment or changes shall be given to the chancellor of the University by the institution making the same. 40 V.e. 11,5. 4 V. The following graduates of any University in Her Ma- Soe nie jesty’s Dominion, who shall have resided in this Province two convocation. months previous to the passing of this Act, shall constitute the first convocation of this. University, that is to say, all bache- lors and masters of arts, all bachelors of law, licentiates of law, doctors of law, bachelors and doctors of science, all bach- elors, licentiates, an doctors of inedicine. 40 V.c. 11, s. 5. VI. A register shali be kept open by the Provincial secre- peeis{er tobe tary at his office, for one month and no more, after the procla- secretary. mation of this Act, during which time all graduates mention- ed in the last preceding section shall be at liberty to enter their names as members of convocation upon producing to the said Provincial secretary, satisfuctory proof of qualification, under the last preceding section, and upon the payment of the fee of two dollars ; and such register Shall be conclusive evidence Fes of two that any person whose name shall appear thereon at the time : of his claiming to vote as a member of convocation, is so en- titled to vote, and that any person whose name shall not so appear is not so entitled to vote. 40 V.c, 11, s. 6. 792 Chap. 63. UNIVERSITY OF MANITOBA. quevincial | —--VIT, Within one month after the closing of the said register, call meeting the Provincial secretary shall call a meeting of convocation, month. | by notice in writing sent to each of the members of convoca- called. tion; at which meeting the Provincial secretary shall preside]; Convocation and the convocation so called shall choose three of its members three repre. to be its representatives on the council of the University, who the council. shall hold office for one year and until their successors are ap- teers to pointed, and the Provincial secretary shall, as soon as possible notifychan- after the election by convocation as aforesaid, notify the chan- lor. core cellor of its election. +40 V.c. 11, s. 7. wnoenel _.. You. All convocations after the first, shall le composed of vocation. the chancellor, vice-chancellor, and council of the University, the members of the first convocation, and all persons who shall become a graduate of the University. 41) V.c. 11,58. 8. Meetingol IX. The regular meeting of convocation sball be held ahnu- ally on the last Thursday in August, at three o'clock in the afternoon ; and at this meeting the convocation shall elect three representatives to the council of the University, and shall make such rules and by-laws for conducting its business and » Ay " Sted « T * proceedings as may be required. 43 V.c. 31,8. 1. Vice chancel- X_ The vice-chancellor shall ‘be elected annually by the annually. council of the University, at the statutory meeting of the coun- cilin September. 43 V.c. 31,8. 1. . Fanctions of | XT. There shall be no professorship or other teachership at present in the University ; but its functions shall be limited to the examining of candidates for degrees in the several faculties, or for certificates of honor in different branches of knowledge, and to the granting of such degrees and certificates, after ex- amination, in the manner hereinafter mentioned. 40 VY. ¢. 11, s. 10. Phancellor to XIL. The chancellor shall be appointed by the Licutenant- by Lt.-Gover- Governor in council, for the period of three years. 40 Ve. 11, eos s. 11. piceehance’- XIII. The vice-chancellor shall in the first place be appoint- ed by the Lieutenant-Governor in council. 40 V.c. 11,s. 12. Vacaney XIV. Whenever a vacancy occurs in the office of chancellor occurring. of the said University, either by death, resignation or otherwise, the Lieutenant-Governor in council shall nominate and appoint a fit and proper person to be chancellor, instead of the chan- cellor through whose death or retirement such vacancy has occurred. 40 V.c¢, 11,8. 13. * ¢ Appointment XV. The office of vice-chancellor of the University shall be cellor aunual-annual, and the first vice-chancellor hereinbefore provided shall a go out of office on a day to be appointed by the council of the University; and such a day shall be thereafter the day on which | UNIVERSITY OF MANITOBA. Chap. 63. 793 the term of such office is to expire; and at a meeting of the council to be holden on some day within the month next be- fore the expiration of the said term of office, of which meeting notice shall be given in the manner directed by statute of the University, the members of the council shall elect some one of such members to be vice-chancellor when the term of office of the then vice-chancellor expires, and so on from time to time annually. 40 V.c. 11,s. 14, XVI. In case of death, resignation, or other vacancy in this (0 case of office, of any such vice-chancellor, before the expiration of the term of his office, the members of the council shall, at a meeting to be holden by them for that purpose as soon as conveniently may be, of which notice shall be given in the manner aforesaid, elect one other member of the said members of the council to be vice-chancellor for the remainder of such term. 40 V. c. 11, s. 15. XVIT. The Lieutenant-Governor of Manitoba for the time Liout.-Gover- being shall be the visitor of the University, with authority to tor of univer- do all those acts which pertain to visitors, as often as to such S*- Lieutenant-Governor shall seem meet. 40 V.c. 11,8. 16. XVIII. The members of the council for the time being shall Foun fo, have the entire management of, and :uperintendence over, the ™4nagement. affairs, concerns and property of the University of Manitoba ; and in all cases, unprovided for by this Act, it, shall be lawful for the council to act in such manner as shall appear to them best calculated to promote the purpose intended to be promot- ed by the University. 40 V.c 11,s. 17. XIX. The council may from time to time make and alter Poumon te any statutes not being repugnant to the laws of Manitoba, or to the general objects and provisions of this Act: (1.) Touching the examination for degrees and the granting of the same ; (2.) The mode and time of convening the regular meetings cf the council ; (3.) The fees to be paid by the candidates for examination or after taking any degree ; (4.) In general, touching all other matters whatsoever re- garding the University, not otherwise expressly provided for by this Act : provided, however, that in the examination of candidates for degrees and the granting of the same, such can- didates shall have the benefit, of the opinions of the authors in mental and moral philosophy and in history, which they may have studied during their course of education. 40 V.e. 11,8. 8. XX. All statutes shall be reduced into writing and the com- Statutes of the univer- mon seal of the University shall be affixed thereto, and when sity. 794 Questions in council—how decided. No question Chap. 63. UNIVERSITY OF MANITOBA. ‘they have been approved of by the visitor they shall be bind- ing upon all persons being members or officers {of the Univer- sity, and upon all candidates for degrees to be conferred by the same : provided always, that it shall be lawful that the exam- ination for any degree to be conferred’ by the University, may be answered by the candidate in either the English or French language ; and provided further, that it shall not be lawful for any members of the council to impose on any person any com- pulsory religious examination or test, nor to do or cause or suffer to be done, anything that would render it necessary or advisable, with a view to academical success or distinction, that any person should pursue the study of any materialistic or sceptical system of logic or mental or moral philosophy. 40 V. e. 11, s. 19. XXI. All questions which come before the members of the council shall be decided by the majority of the members pre- sent, but in case of equality: of votes, the maxim presumitur pro negante shall prevail. 40 V.c. 11, s. 20. decideduniess X-AII. No question shall be decided at any meeting unless eleven mem- bers present. Presiding chairman of council. eleven members of the council at least are present at the time of such decision, nor shall any meeting be legal unless held at the time and convened in the manner provided for by statute. 42 V.c. 81 s. 2. ‘ XXIIL At every meeting of the members, of the council, the chancellor, or in his absence the vice-ceancellor, shall preside , ag chairman, or in the absence of both, a chairman may be Examination for degrees. Special ex- amination. . Persons ad- mitted as can- didates for degrees. chosen by the members present or a majority of them. 40° V. e118. 22. XXIV. Once at least in every year, the council of the Uni- versity shall cause to be held an examination for degrees, and on every such examination the candidates shall: be examined by examiners appointed for the purpose by the council, and on every such examination the candidate shall be examined orally or in writing, in as many. branches of general knowledge as the membars of the council shall consider the must fitting subjects for such examination. 40 V.c. 1], 5. 23. XXV. Special examinations may be held for honors; and all the foreroing examinations may be in the presence of the council of the university or any members thereof. 40 V.c. 11, 8. 24 NAVI. Persons shall be admitted as canlidates for the re- spective degrees of bachelor of arts, master of arts, bachelor of medicine, doctor of medicine, bachelor of laws, licentiate of laws, doctor of laws, bachelor of science, doctor of science, and any other degrees which the council of the University may hereafter from time to time determine to confer, in pursuance of the power hereinafter contained, on satisfying the council by UNIVERSITY OF MANITOBA. Chap. 63. 795 proper certificates that such persons have, in any of the colleges hereinafter mentioned, whilst infconnection with such Univer- sity hereby created, or in any other college for the time being in connection with such university, as hereafter provided for, gone through and completed such course of instruction as is given by such colleges ; and persons who have not complet- ed the course of instruction in any of the affiliated colleges as aforesaid, may also be admitted as candidates for any of the said degrees, provided they pass such preliminary examination and produce such evidence of moral conduct, as the council of the university may require. 48 V.c. 31,5. 3. XXVIT. All incorporated and affiliated colleges shall have panes age the entire management of their internal affairs, studies, wor- management ship and religious teaching : and members of any other Uni- fire 7” versity within Her Majesty’s Dominions shall be exempt from the preliminary examination hereinbefore in this Act, mention- ed, and may be admitted by the council of the university ad eundem statum and ad eundem gradum. 43 V.c. 31, s. 3. XXVIIL The following colleges, incorporated at the time of Zeraiz cot the passing of this Act, shall bein connection with the Univer- in gonnection sity of Manitoba, for the purpose set forth in the last preced- sity. ing section, that is to say: the college of St. Boniface, the col- lege ot St. John an the Manitoba college; and the Lieutenant- Governor in council may, from time to time, affiliate other in- corporated colleges with such University, on being satisfied of such colleges being in operation, and possessed of the requisite buildings, and a sufficient staff of professors and teaching offi- cers, to entitle such colleges in his judgment thereto. 40 V.c. 11, s. 26. Cc Wasi sna ei aa ee ; : ft . » Council to _XXIX. For the purpose of granting the degrees of bachelor poet ere | of medicines, licentiate, and doctor of medicine, and for the Gov. through : . ‘ : . Provincial improvement of medical education in all its branches, as well secretary. in medicin? as in surgery, midwiféry and pharmacy, and for the purpose of granting the degrees of bachelor of laws, licen- tiate of laws, and doctor of laws respectively, the said mem- bers of the council shall, from time to time, report to the Lieu- tenant-Covernor, through the Provincial secretary, which ap- pear to them to be the medical schools and institutions or the law schools and institutions in this Province, whether incorporated: or unincorporated, from which, either singly or jointly, with other medical cr law schools or institutions in this Province or in any Province of the Domin- ion of Canada, or in any other part of Her Majesty’s Domin- ions, or in foreign parts, it may be fit and expedient to admit , candidates for degrees in medicine or in law; and on approv-orreport by al of such report by the Lieutenant-Governor in council, the Gf Governor council of the University may admit any person to examination admitpersons as a candidate for the respective degrees of bachelor of medi- tion. cine, licentiate of medicine, or doctor of medicine, bachelor of laws, licentiate of laws, or doctor of laws, in the said Univer- 4 : 796 Chap. 63. UNIVERSITY OF MANITOBA. sity, on his satisfying the members of the council that he has attended in one of such schools or institutions during such period, and that he has gone through and completed such course of instruction, as the statutes ofthe council determine: ‘ provided, however, that any person shall be entitled to become a candidate for the first or any of the degrees aforesaid, who is proven to be already a graduate from any university in Her Majesty’s Dominions. Power of XXX. The council shall, subject to the provisions herein- : before mentioned, have power by statute to determine the period and course of study for any degree granted by the Uni- versity and to examine for and confer such degree under such conditions as they shall from time to time determine and such fees shall b2 paid by the candidates for matriculation, exami- nation or degrees, or for certificates of honor, and shall be ap- plied in such way as the council may from time to time di- rect. 43 Vie. 31,5. 4 Candidate, | if XXXII. At the conclusion of every examination of the can- receive certi- didates, the examiners‘shall declare the name of every candi- ficate under date whom they shall have deemed to be qualified to receive signed by any of such degrees or certificates of honor, together with such vice-chaneel- particulars az such council shall from time to time determine : a“ and every such candidate shall, if otherwise approved by the council, receive from the chancellor, a certificate under the seal of the University of Manitoba, and signed by such chancellor, or, in his absence or, incapacity, by the vice-chancellor ; in which the degree of honor allowed by such council to bs taken by Inm shall be stated, together with such other particulars, if any, as such council shall deom fitting to be stated therein. 40 V.c.1T, s. 29. Regulations) =XXAXIL The regulations of the council with respect to the literary and scientific attainments of persons obtaining degrees or cartificates of honor, and their examination, shall, in a3 far as circumstances will in the opinion of the council permit, be similar to those in force for like purposes in the University of London, to the end that the standard of qualification in the University of Manitoba, may not be inferior to that adonted fora like degree or certificate of honor iv the seil University. 40'V.e. 11s. 30. , Power of | XXXIIL Incorporated colleges which aro, at the time of the Oe passing of this Act, affiliated to the University, or which may colleges. hereafter become affiliated, shall, with the sanction of the gov- erning bodies of the denominations to which they belong, have the power of torming a separate faculty in theology for the examination in, and granting of, the degrees of bachelor of divinity and doctor of divinity: provided, that for the de- gree of hachelor of divinity, all candidates not graduates of this or any other University, entering any such college, after the passing of this Act, shall be examined by the University UNIVERSITY OF MANITOBA. Chap. 63. 797 in Greek, Latin and Mathematics, unless they have passed in those subjects in the previous examination; and such gradu- ates shall have iu the University the same rights and privileges as other graduates: 42 V.c. 31,8. 5. i XXXIV. It shall be the duty of the presidents of the said Duticton | o¢ faculties in theology to report respectively, from time to time, one to the chancellor of the University, upon the organization of such respective faculties, the granting of the degrees, and such other matters as the chancellor of the Univetsity and the pre- sidents of such faculties may have agreed to, for the mutual benefit of the said University and faculties. 30 V. c. 11, %& 32. . AXXYV. Each examiner may be required to make thé follow- Qath of ing declaration before the chancellor or vice-chancellor : “T solemnly declare that I will perform my duties of exa- mainer without fear, favor, atlection or partiality towards any candidate ; and that I will not knowingly allow to any candi- date any advantage which is not equally allowed to all.” 40 V.c¢. 11, s. 33. j XXXVI. All fees shall be carried tv one general fee fund for Fees. the payment of all the expenses of the University of Manitoba, and the accounts of income and expenditure of the University shall, once in every vear, be submitted to the Lieutenant-Goy- ernor in Council. 40 V ce 11,5. 3%. XXXVII. All statutes, by-laws, regulations or amendments Plstates ani thereto, made by the council of the University, from time toapproved by time, shall be submitted to the Lieutenant-Governor as visitor, Met @ev- and on receiving his approval, shall become Jaw. 43 V. c. 31, s. 6. XXXVI. This Act shall be construed and adjudged in the most favorable and beneficial manner for the University, as well in the provincial courts of law and equity, as elsewhere. 40 'V.¢.11, s. 36. AXXIX. A sum not exceeding two hundred and fifty dol- Expenses of iars shall be placed annually at the disposal of the council of ¥°™™* the university to meet the expenses incidental to the working of the sanie. +40 V.¢. 11,8. 37; 43 V.c. 31, 8. 7. XL. One or more normal schools, for the instruction and Normal training of teachers of elementary schools in the science of edu- training of cation and the art of teaching, may be affiliated to the Univer- e#chers may sity of Manitoba, upon such terms and conditions, not repug- nant to any law or system of education in force in the Pro- vince, as the council of such University may deem expedient ; and such normal school or schools are hereby empowered to receive from any person, body politic or corpsrate, an endow- ment in Jand or other property for the use and benefit of such Endowment of lands. Chap. 64. MUNICIPALITIES. normal school or schools; but such endowment shall be con- veyed or demised to or vested in the crown for the purposes of the said normal school or schools; and thereupon letters patent may issue from the crown instituting, establishing and endowing the same with the property so provided for that purpose as aforesaid. 40 V.c. 11, s. 38, XLI. Every endowment of lands or other endowment, as aforesaid, shall be vested in the crown for the purpose for which it was given; and also any property, real or personal, given, demised or bequeathed to the said normal school or schools, or for the use thereof. 40 V. ¢, 11, s. 39. XLII. This Act may be cited as “The University Act of Manitoba.” CHAPTER LXIV. An Act respecting municipalities. anes divided into municipalities, s.1. Returning officers appointed, s. 2. Meeting of council, s. 3. Municipality to be corporation, s. 4. Powers exercised by warden, s. 5. Council, s. 6. Council elected annually, s. 7. How elected, s. 7. General provisions as to election, s. 7. Vacancy, how filled, 8. 8. Meeting of council, s. 10. Power of councillor, s. 1. Qualification of voters, s. 12. Qualification of voters, s. 18. Exception to qualification, s. 14. eee and co-occupiers’ righis,s. 5. After first election, qualification, s. 16. Unqualified voter, s. 17. ; Declarariou. s. 17. Sen tor making false declaration, ] s. 18. What'by-laws council may pass, s. 19. Council must assess to pay debts, s. 2), Assossors, s. 21. Uotl-ctors to make returns, s. 22. Duty of assessors, s. 23, Asscousment roll to be revised by eoun- 7 ol ut. Roll shall he returned, s. 28 Notice to court of revision, s. O. Sppeal from court of eevision. 8. 25, Exemption from taxation, 8. 26. liuiy os treasurer, 8. 27. Qu stions between municipalities, s.]. 2 ae may be referred to court Q.B., 29. Warden to preside in council, s. 3). Wrrden tobe a justice of the peace in Taunisipality, s. bt. Council may apport constables, s. 32. Assessment, how payubie, 8. 33. Rightoftenant,s 34. © Tf he pay, subrogated, 8. 83. | Treasurer to be eulle ‘tor, s. 33. Daty of collector, §. 37. In ense of a non-resident, 8 58. Collector may levy for non-payment of taxes, 8.89. Notice of sale,s. 40. Where sold surplug to be returned, a. 41 Treasurer to prepare statement, s. 42. Notice to be given when two years’ taxes due, s. 43. What notice is to contain, specify day, place, &c., 8. 44. All lots for sale in municipality to be included in same statement, 8. 45. Lands, how sold, s. 46. Treasurer to make known amount to be raised,s. 47. , Certificate of sale, s. 48. : Purchaser not to remove timber, s. 49. Limitation for recovery,s. 50. Percentage, s. 50. Any person may redeem land, s. 41. When redemption is made by person other than owner,s. 52. , Receipt to b> in duplicate, s. 52. Provincial secretary to be notified of - redemption, s. 52. Proof of payment, s. 53. If land not redeemed in one sear, fee to treasurer, 8. Of. Deed to convey properiy absolutcly, s. BO. Sale not afvet rights of Hor Majesty s. 56. Contestation of election, s. 57. Ry whom eleesion nray b> contested, 8.58, Cont-station brought vefore court by petition, s 69. Copy to be sceved upon councilor > GU. Time for receiving potition, s. 60. Power of court, s OL. Hvidenee, how taken,s 61. Court may confirin or declare clection nulls. 62. “Court may admit or reject ground of irregularity, s. 63. Conrt, if election set aside, to name day for new election, s. 64. Remuneration of councillors, . 63. Auditors appointed by council, 8. 66. Duty of auditors, s. 67. Autores to prepare statement of re- MUNICIPALITIES, ceipts and expenditure, s. 68. Council to audit accounts, s. 69. Officers before entering on duties to] take oath, s. 70. Form of oath, s. 70, Powers as to railways, 8. 71. Aid to railways, 8. 72. By-laws submitted on petition, s. 73. By-laws to provide for raising amount petitioned for, s. 74. By laws require assent of electors, 8 How assent obtained, s. 75. By-laws for contracting debts or bor- rowing money, 8. 76. What they are to contain, s. 76. By-laws, how to receive assent of elec- tors, &. 77. Debentures—how executed, s. 78. Debentures, how transferable, s. 79. Debentures, recoverable to full amount, s. 80. Act not tointerfere with the general - clauses Act, s. 81. In case of separation of municipality Lieutenant-Governorto appoint re- turning-officer, §. 82. Separate municipality, s. 83. Warden and councillors, Westbourne and Portage la Prairie, s. 84. Warden and councillors, Kiidonan, s. 85. Rockwood and Springield, municipa- lities, acts valid, s. 86. Treasurer to give security, s. 87. Lieutenant-Governor to appoint war- den and councillors when munici- pality refuses to elect, s. 88. Penalty on warden or councillor re- fusing to act, s.89. Chap. 64. 799 License money to be paid treasurer, 8. Divisions of Provinee, s. 91 Westbourne, s. 91. Norfolk,s. 92. Lorne, s. 93. Louise, 8. 94. ‘ Dufferin South, s, 95. Dufferin North, s. 96. Portage, s. 97. Relcourt, s. 98. St. Francois Xavier, s. 99. Morris, s. 100. Rineland, s. 101. Emerson, 8. 102. Youville, s. 103. St. Anne, s. 104. Taché, s. 105. St. Norbert, s. 106. Cartier, s. 107. Assiniboia, 8. 108. St. Boniface, s. 109. Spr nenele, s. 110. ildonan, s. 111. St. Paul, s. 112. St. Andrew’s, s. 118. Rockwood, s. 114. Hespeler, s. 115. Boundary of municipalities, s. 116. Municipality to re-distribute into wards, 8. 117. Incorporated towns and cities not to come under Act, s. 118. Clerk to make returns of voters’ lists to the clerk of the Executive Coun- cil, s. 119. Act may be cited as “The municipali- ties Act of Manitoba,” s. 120. Municipalities Act assessment roll, Schedule A, s. 121. Her Masxsry, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : I. From and after the passing of this Act the Pyovinee of Province divi- d into mun- Manitoba shall be divided into municipalities in accordance icipalities. with the provisions of this Act, and the inhabitants of each municipality respectively as hereinafter described, and their successors, shall be and are hereby declared to he a body poli- tic and corporate under the name of the “municipality of (én- serting the name of the municipality.” 45 Vie. 1,8. 1. II. The Licutenant-Governor in council shall, within three Returning months after the passing of thi other ahicers, Ss aCe, e : e , officers, how appoint returmimg and appointed. and by a proclamation make known the time and place or places for holding the first election, and make re- gulations for holding meetings for nominations of the wardens and councillors, and empowering the returning officers to ap- point deputy returning officers and poll clerks, and fix the places for holding a poll or polls for receiving the votes of the electors, as nearly as possible in conformity with the provisions heroimafier made for the holding of the annual elections under . this Act. 43 V.c.1,s. 2. Ili, The Lieutenant-Goverior shall, in Jus said proclamation, Meeting c. name the day on whivh tue council shall first meet, fix the council, place for such meeting, and appoint a pretiding officer who shud, and he is hereby empow red to, administer the oath of oes to the warden and councillors elect 43 Viel, a2 800 Municipality _to be a cor- poration. Proviso. Powers exercised ly warden. Council. Chap. 64. MUNICIPALITIES. IV. Every such municipality, incorporated under this Act, shall be a corporation, and shall have all the rights, and be subject to all the liabilities of a corporation—and especially, shall have full power to acquire, hold and alienate both real and personal estate for all municipal purposes, and by the same name they and their successors shail have perpetual succession; and they shall have power to sue and be sued, implead and be impleaded, answer and be answered unto, in all courts, and in all actions, causes and suits at law or in equity whatsoever ; and they shall have a common seal, with power to alter and modify the same at their will and pleasure; and they shall be in law capable of receiving by donation, acquiring, holding and departing with, any property, real or moveable, for the use of the said municipality and of becoming parties to any contracts or agreements in the management of the affairs of the said mun- icipality ; and of giving or accepting any notes, bonds, obligations, judgments or other instruments or securities for the payment, or securing the payment, of any sum of money, borrowed or loaned, or for the executing, or guaranteeing the execution of any duty, right or thing whatsoever ; and for the payment or securing the payment of any money borrowed, of paying loans made or debts owing by the said municipality, or of taking up bonds that may become due, or for the purpose of making a loan or Icans, or for any other legitimate and suffi- cient purpose whatgoever—the said municipality may grant and issue bonds for the sum or sums of money therein to be specified, under the provisions hereinafter set forth, payable at such time and times after the granting and issuing thereof, and in such place or places in this Province, ,in the Domin- ion of Canada, in the United States of America, in any part of Great Britain or elsewhere, and either'in the currency of the Dominion, or in sterling money of Great Britain, or in the cur- rency of the country where the same maybe respectively made payable, as by the said warden and council may be thought advantageous or expedient: provided always, that the said council shall not give or make any bond, bill, note, debenture, or other undertaking for the payment of a less amount than one hundred dollars: and any bond, bill, note, debenture, or other undertaking issued in contravention of this section, shall be void: provided always, that nothing herein contained shall be construed to authorize the said council to issue notes or bills of excnange payable to bearer, or to act as vouchers, or to issue notes to circulate as those ofa bank. 43 V.c.1,s. 4. V. The powers of every municipality shall ke exercised by the warden and council thereof. 43 V.c. 1,s. 5. VI. The council shall consist of a warden and six councillors; and any person otherwise duly qualified and entitled to vote at a municipal election, may be elected a warden or councillor, unless he is disqualified for any one of the following reasons, Viz; ' MUNICIPALITIES, Chap. 64. 801 (1.) Being a sheriff or sherift’s officer ; (2.) Having directly or indirectly any contract with the municipality ; (3.) Being an alien, 43 Vic. 1,8.6. 4 : si ¢ : +7 Council elect~ VII. After the first election, an annual election of a council €f'annually. shall be held in every municipality in the manner following : (1.) A meeting of the electors of the municipality shall take How elected. place for the nomination of candidates for warden and coun- cillors, at the last place of meeting of the council, on the last Tuesday in December in each year (providing that day be not a statutory holiday, in which case it shall take place the day following), at twelve o'clock noon; at which nominations for the office cf warden and for councillors for the municipality or the several wards thereof, shall be nade; and the time for re- ceiving such nominations shall be between the hours of twelve and one o’clock of that day, and all nominations shall be made by a proposer and seconder, who shall be duly qualified electors of the municipality or ward ; (2.) The clerk of the municipality shall preside at such Clerk to pre- meeting; if the clerk does not attend, the electors present “4% shall choose a chairman or person to officiate from .among themselves ; 3.) Such clerk or chairman shall have all the powers of a Powers of returning officer ; ; (4.) If more candidates are nominated for the office of warden Clerk to an- or for councillors for the municipality or the several wards more council. thereof than are required to be elected under this Act, the clerk {078 27¢,nom" or chairman shall announce the same, and make known to the 7eqired. electors present the time and place, or places, when and where the poll or polls shall be opened for the taking of the votes for the candidates nominated, which shall be one week from the day of such nominations, commencing at the hour of nine o'clock in the forenoon and closing at four o’clock in the after- noon of that day ; (5.) On thé following day after such nominations the clerk Names of per- or chairman shall post up in the office of the clerk and in twoatedtobe — or more conspicuous places within the municipality, the names ?°** of the persons nominated, and within two days thereafter give notice to the returning officer or officers of the several wards or municipality ; and any electors having votes in more wards than one shall vote for warden in the ward in which they re- side; but if not qualified to vote in the said ward, then they can vote in any ward where qualified ; but no clector shall vote Elector to more than once for warden ; consents 51 802’ Clerk to give returning officer list. Clerk to de- clare when warden and councillors elected. Vacancy, how filled. Meeting of eouncil. Power of councillor. Qualification of voters first election. Clerk execu- tive council to provide list. Chap. 64. MUNICIPALITIES. (6.) The clerk of the municipality shall deliver to the return- ing officer of the municipality, who is to preside at an election for the same, or for every or any ward thereof, a correct list of all persons rated upon the last revised assessment roll for the municipality or ward, who are entitled to vote at the said election, in respect to such assessment, under this Act, and shall state in such list whether the person entitled to vote is a ‘householder or a freeholder, or lessee or other- wise ; (7.) If only one qualified candidate for the office of warden has keen nominated within the time limited, the clerk or chair- man shall declare such candidate duly elected warden; and if only the required number of qualified candidates for the office of councillors for any of the wards of the said municipality or municipalities, within the time aforesaid limited, the clerk or chairman shall declare such candidates as duly elected council- lors. 43 V.c.1,s. 7. VIII. In case the seat of any member of the council shall become vacant by death, resignation, or a continued absence without leave from the meetings of the council for a period of three months, it shall be the duty of the council to direct a new election to be held for the purpose of supplying such va- cancy. 43 V.c1,s. 8. ° IX. Any councillor or warden elected to fill an oceasional vacancy, shall hold office only for the unexpired term of the councillor or warden in whose place he has been elected. 43 V.el,s. 9. X. The council shall meet on the fourth Tuesday in Janu- ary in each year: provided, however, that if such day be a holiday, the meeting shall be held on the following day, and thereafter as often as the council may appoint. 43 V. c. 1, s. 10. XJ. When a ward or wards nevlect or refuse to elect a coun- cillor or councillors, the councillors elected for the municipality shall have the power to appoint a councillor or councillors for the same, who shall be a resident ratepayer in the municipal- ity. 43Vie1,8 11. XII. All legislative electors, qualified within. the municipal- ity, shall be entitled to vote at the first municipal election ; and it shall be the duty of the clerk of the executive council, for the first election under this Act, to provide in due time each returning officer with a certified list of the voters in his respec- tive municipality : provided, however, for the first election, that when an elector owns land in one or more wards of the municipality, and is otherwise qualified, he shall be allowed to vote in all of such wards whether his name is on the electoral lists of such ward or not. 43 Vic. 1,8. 12. Soins. MUNICIPALITIES. Chap. 64. $05 XIII. After the first municipal election, any male person Qu@lifcation. whose name is entered upon the assessment roll of the munici- pality for one hundred dollars or more, as owner of real estate, or tenant or occupant of real estate of the value of two hun- dred dollars and upwards, at a rental of at least twenty dollars per year, shall be entitled to vote at municipal elections, except as hereinafter provided. 43 V.c. 1, s. 13. XIV. No person having been convicted of felony may vote Exception. at a municipal election. 43 V.c¢.1,s. 14. XV. In case both the owner and occupier of any real estate Co-owners are rated therefor, both shall be deemed rated within this Act: pants, rights provided, however, that whenever two or more persons are co- owners, or co-tenants, or co-occupants of any real estate assess- ed at an amount sufficient for the share of each to confer upon him the right to vote, each of such persons shall be deemed to be an elector in conformity with this Act, and entered upon the list of electors ; he whose share does not amount to the value required for the elector .1 suffrage, shall not be so entered nor be an elector ; the same rule applies to co-tenants respect- ing the amount of rent they pay. 43 V.c.1,s. 15. XVI. After the first election under this Act, the persons {gSion qual qualified to be elected warden and councillors, shall be the male tacation. inhabitants, not disqualified by this Act, who shall have resided at least twelve months next before such election within the said municipality, and who, at the time of such election, shall be rated upon the last revised assessment roll of the ‘said mu- nicipality and possessed of real estate therein, to the value of four hundred dollars ; and no person shall: be eligible to be elected as such councillor or warden, who shall not be of the full age of twenty-one, years and a subject of Her Majesty by birth or naturalizaticn. 43 V. c. Is. 16. XVII. If any person offering to vote at the first or any sub- Uaqualitied sequent municipal election is challenged as unqualified by any legal voter, the returning officer shall require the person so offering to make the following declaration : “T do declare that I am twenty-one years of age and other- P&@rvon- wise legally qualitied to vote at this election, and have not he- fore voted at this election ;” The person making such declaration shall be permitted to vote at such election ; but if he he refuses to make such-decla- ration his vote shall be rejected. 43 V.c. 1,8. 17. _ XVI. Any person wilfully making a false declaration of his Penalty tor right to vote, shall, on conviction thereof before any two or declaration more justicés of the peace, be subject to a fine not greater than one hundred dollars; and in default of payment of such fine the same to be levied by distress ; and if it is made to appear 804 Chap. 64. : MUNICIPALITIES. there is not sufficient distress, then the offender may be impri- soned for a period not greater than forty days; and the vote of any person wrongfully voting at any such election shall, on. due proof thereof, be struck of and treated as null, should any election at which such vote has been cast be contested as here- after provided. 43 V. c. 3,8. 18. By-laws. XIX. In every municipality, the council may pass by-laws for such municipality in relation to matters coming within the classes of subjects hereinafter enumerated, that is to say : (1.) The raising of a municipal revenue by taxes upon per- sonal and real property, and the mode of collecting the same (2.) The expenditure of the municipal revenue ; (3.) Roads and bridges ; (4.) The prevention of cruelty to animals ; 63.) The regulation of slaughter-houses ; (6.) The prevention or removal of abuses prejudicial to agri- culture ; (7.) The relief of the poor ; (8.) The condition of streams, water-courses, and drains ; (9.) Drainage works ; (10.) The regulation of fences, dykes and ditches ; (11.) The prevention and removal of nuisances ; (12.) The prevention of prairie and other fires’, (13.) The preservation of the public health ; (14.) The maintenance of officers of the municipality ; (15.) The providing and regulation of pounds, and for herd- ing, restraining or regulating the running at large of animals, and for impounding them, and for causing them to be sold in case they are not claimed, or all lawful charges paid within a reasonable time ; (16.) The appraising the damages to be paid by the owners of animals impounded for trespassing contrary to the by-laws of the municipality ; (17.) The determining of the compensation of fees to be allowed for feeding, caretaking and fselling of animals im- pounded ; MUNICIPALITIES. ‘Chap. 64. (18.) The construction of a municipal hall, lock-up and other ‘buildings ; (19.) The encouragement of planting trees on prairie land and public highways : (20.) The taking of a census of the residents in the munici- pality ; (21.) The enforcing of the by-laws of the municipality by fine or imprisonment, not exceeding twenty dollars in_ case "of fine, and one month in case of imprisonment ; ices ene / (22.) The sale of land in satisfaction of unpaid municipal rates and taxes ; (23.) The regulation of the meetings of the council, and the general conduct of business ; ie Nola (24.) The duties of the clerk, treasurer, assessor, collector,and other officers of the municipality not determined by this Act ; (25.) Public morals, including the observance of the Sab- bath ; i (26.) The establishment and regulation of markets : (27.) The imposing of penalties for light weight or short count, or short measurements in anything marketed ; (28.) The imposition, regulation and commutation of statute labor ; (29.) The regulation of ferries. (30.) For imposing a tax on owners, possessors, or harbor- ers of dogs, and killing the same when running at large con- trary to by-laws. 43 V.c. 1,8. 19. 805 XX. The council shall assess and levy on the whole real and Council to personal property within its jurisdiction, except as hereinafter provided, a sufficient sum in each year to pay all valid debts of the corporation, whether of principal or interest, falling due within the year, but no such council shall levy in any one year more than an aggregate of on: cent in the dollar on the assess- ed value. 43 V; ce 1, s. 20. agsess'to pay XXI. The council shall, as soon as may be convenient after Assessors. the annual election, appoint as many assessors and collectors as the by-laws respecting the assessment from time to time authorize or require, and shall fill up any vacancy that occurs in the said offices as soon as may be convenient after the same occurs. 43 V.c. 1,5. 20. 806 Chap. 64. MUNICIPALITIES, Seer XXII. It shall be the duty of "the collectors in every muni- turns. cipality, which have passed by-laws requiring taxes to be paid on or before the first day of December, to return to the treas- urer upon oath, the names of all persons who have not. paid their municipal taxes on or before the thirtieth day of Novem- ber. 43 V.c. 1,8. 20. Duty ofasses- XXIII. The assessor or assessors in every municipality shall cs prepare an assessment roll, in conformity with Schedule A to this Act in which, after diligent inquiry, he or they shall set down all the information therein contained, and shall notify each person assessed, it known, of the amount of his assess- ment. 43 V.c.1,s. 21. Rolltobere- XXIV. Tne assessment roll of every municipality shall be: wn PY eo" annually revised and corrected by the council thereof ; and Roll returned it shall be returned to the clerk of the municipality within : such time as shall be provided for by by-law passed by the Complaint. 8aid council ; and the person or persons so assessed, or non- assessed, if he or they complain of their assessment or non- assessment, or of the assessment or non-assessment of any other person, shall, within one month after the receipt of assessment notice, notify the clerk of his or their ground of complaint ; Council to be and the council shall, within two months after the time fixed ee aie returning the roll, form themselves into a court of revision, and appoint atime and place for hearing said complaints, and Notice, how shall give three weeks’ notice thereof, by posting a notice on the given. . . . door of the council chamber, and in four or more conspicuous places in the municipality ; and after hearing the parties com- plaining, as well as the assessor or assessors and such evidence as may be adduced, alter or amend the roll accordingly ; and -such decision shall be considered as final, except so far as the same is further amended, in appeal to the judge of the county court. 43 V.c. 1,8. 22. APPEAL FROM THE COURT OF REVISION. Appeal from XXV. If a person be dissatisfied with the decision of the court of re- * vision. court of revision, he may appeal therefrom, in which case— Notice of ap- («.) He shall, within one week after the decision, in person, ferved. or by attorney or agent, serve upon the clerk a written notice of his intention to appeal to the county judge ; (b.) The clerk thereupon shall give notice to all the parties appealed against, in the same manner as is provided for notice of complaint by the twenty-foutth section of this Act ; Deposit. (c.) The party appealing shall, at the same time and_ in like manner, give a written notice of his appeal to the clerk of the county court within the limits of which the municipality is situated, and shall deposit with him the sum of two dollars for cach case appealed. against, as security for the costs of the apveal MUNICIPALITIES, Chap. 64. 807 (d.) The judge shall appoint a day for hearing the appeal ; -(e.) The clerk of the county court shall cause a notice to be plate ay conspicuously posted up at the office of such court containing the names of all the appellants and parties appealed against, with a brief statement of the ground or cause of appeal, to- gether with the date at which a court will be held to hear such appeal ; : (f-) At the court so holden, the judge shall hear the appeal, 7uage may, and may adjourn the hearing from time to time, and defer the ing. jadgment thereon at his pleasure, so that a return can bemade to the clerk of the municipality before the fifteenth day of September ; i (g.) The said roll so finally revised shall be taken and held Bevised rofl as the roll of the municipality for all purposes until a new roll municipality. shall have been made and returned ; (h.) The said council shall by by-law fix the time for mak- ing the assessment in the municipality ; i.) The council shall, in each and every year after the final BY}3¥8 or... revision of the roll, pass a by-law for levying a rate on all the real and personal property on the said roll to provide for all the necessary expenses of said municipality, and also such sum or-sums of money as may be found expedient; including such sums as may be requiied for school purposes in the respective ‘school districts, on property of school districts within the mun- icipality, by the trustees thereof, when the said trustees shall, on or before the first day of September in each and every year, provide the clerk of the municipality with an estimate of the sum required, accompanied with a list ef the names of the persons liable to be assessed for the support of such school ; (j.) At the court of revision, the complainant, witnesses or as- sessor, shall give evidence under oath; four members of the council shall be a quorum of the court; any member thereof may administer the oath to any party giving evidence thereat, and the clerk of the council shall be the clerk of the court, un- less the court otherwise determines. 43 V.c. 1, s. 22. XXVI. The following real and personal property shall be ex- premiphion empt from taxation under this Act; . tion, (1.)Real estate vested in, or held in trust for, Her Majesty, or for the public uses of the Province ; (2.) Real estate vested in, or held in trust for, the munici- pality, and used for municipal purposes , (3.) Real estate vested in, or held in trust for, any tribe or body of Indians 808 Chap. 64. MUNICIPALITIES, (4.) Every place of public worship, houses of religion,church- yards, burying-grounds, educational or charitable institutions, public ee square, township hall, gaol, hospital, agricul- tural and horticultural societies, with the land requisite for the due enjoyment thereof; (5.) Lands allotted by the Dominion Lands Act to half. breed children of heads of families under the age of eighteen years not disposed of by them ; (6.) Personal property to the value of five hundred dollars. 43 V.c. 1,8, 23. oe XXVIL. The treasurer of every municipality shall, on or be- fore the twentieth day of December in each year, send to the Provincial secretary a copy of the assessment roll of the mun- icipality, and a complete return of all the moneys collected in the municipality, or received from the Provincial treasury for municipal purposes, and of all money expended for municipal purposes during such year, with a brief statement of the nature of the works on which such money shall have been expended ; and every such return shall be certified as correct by the war- den of the municipality. 43 V.c¢.1,s. 24, Questions be- =X XVIII. All questions arising betwéen municipalities shall cipalities. be decided by the wardens of such municipalities respectively, or such members of the council as the council may appoint ; and in case they cannot agree, by a judge of the county court, whose decision shall be final. 43 V.c. 1, s. 25. Dispute may XXIX. If any dispute shall at any time arise as to the val- e referred to. 4. : . os : court ofQ.B. idity of any by-law, or resolution, or order of the municipali- ty, the same shall be referred toa judge of the court of Queen’s Bench, whose decision thereon shall be final; and the said judge shall have power of enforcing his decision, if necessary, by a writ or writs of mandamus or injunction under the seal of the court, to‘be directed to the sheriff, adapted to the pur- poses intended. 43 V.c. 1,8. 26. ae XXX. The warden of the council shall preside at the meet- ings thereof, and in the event of his absence, the council shall choose from among their number a person to preside, and in such case the said person so presiding shall have all the powers and exercise all the-functions appertaining to the warden. 43 V.c.1, 8. 27. Warden tobe XXXI. The warden of the municipality shall, in his own municipality. municipality, be exofficio justice of the peace, and shall have like powers as are exercised by justices of the peace. 43 V. c. 1,8) 28: Couneil may XXXII. The council shall have the power to appoint one or appoint con- more constables within the municipality, whose duty it shall MUNICIPALITIES, Chap. 64. 809 be to enforce and maintain law and order, and who shall per- form all duties usually appertaining to constables; and the coun- cilshall have the power, from time to time, to remove the same for any misconduct in office or for other cause, and may also regulate the fees to be paid constables, subject to the statute in that behalf. 43 V.c. 1, s. 28. XXXIII. All assessments imposed under this Act shall be ee due and payable, not only by the owner of the property upon : which they are imposed, but also by the possessor or occupant , of the said property, and by tenant or lessee of such. property ; but the payment of such assessment by any such person shall discharge the property. 43 V.c. 1, s. 30. XXXIV. In the event of the payment of any assessment by Bight of ten- the tenant or lessee of any such property, unless otherwise to ~ the contrary agreed upon, he shall have a right of personal action against the owner of the property assessed, or the lessor, holder or occupier of the same as owner as aforesaid for the recovery, with interest and costs, of the amount of such assess: ment, or of the price or value thereof, paid or’ contributed by him. 43 V.c.1,s. 31. XXXV. In such case such tenant shall be fully subrogated without any formality whatever in the rights and privileges of the municipality, upon the property in question. 43 V.c. 1,s. 32. XKXVL The treaburer of the council shall be the collector of Freasurex to all the assessments imposed within the limits of the municipal- ity, and all penalties imposed under this Act, except in any case in which the said assessments or penalties are required to .be collected by any other officer, or in any other manner. 43 V.ce1,s. 33. XXXVIL. The collector, after the final revision of the assess- Le ment roll, shall call at least once on the person taxed, or at the ‘ place of his usual residence or domicile or place of business, if within the municipality, in and for which such collector has been appointed, and shall demand payment of the taxes pay- able by such person. 43 V.c. 1,5, 34, XXXVIIL If any person whose name appears on the roll be not resident within the municipality, the collector, if he knows the persons’ address, shall transmit to him by post a statement and demand of the taxes charged against him in the roll. 43 V.cel1,s. 34. XXXIX. In case any person neglects to pay his taxes for Collector may thirty days after such demand as aforesaid, the collector may, payment or by himself or by his agent, levy the same with costs by dis- '*: tress and sale of the goods and. chattels of the person who ought to pay the same, or of any goods or chattels in his pos- 810 Chap. 64. MUNICIPALITIES. session,wherever the same may be found within the munici- pality or not ; and the costs chargeable shall be those the coun- cil may by by-law allow for the same. 43 V.c. 1, 8. 34 Notices XL. Notice shall be given by advertisement posted up in at least three of the most public places in the raunicipality, when and where the sale of goods and chattels distrained is to be made—giving at least eight days’ public notice of sale and of the name of the person whose property is to be sold—and at the time named in the notice, the collector or his agent shall sell at public auction the goods and chattels distrained, or so much thereof as may be necessary. 43 V.c. 1, 5.34. Where goods XLI. If the goods and chattels seized are sold for more than io berelarm the whole amount of the assessment levied for, and the costs oo attending the seizure and sale, the surplus, on demand, shall be returned to the person in whose possession such goods and chattels were when the seizure was made. 43 V.c. 1, s. 35. Treasurer to XLII. On or before the fifteenth day of January in each prepare state- : te a ment. year, the treastirer of each municipality shall prepare a state- ment of all non-resident lands, or lands vacated by the owners thereof, which are in arrears for taxes for the previous year within the municipality, and on which there is no property to distrain, and in such statement he shall show opposite to each lot or part of lot, the reason why he could not collect the same, by inserting the words “non-resident” or “no property to selze,” as the case may be—such statement shall give a deserip- tion of-all the lands in arrears, showing the amount of atrears opposite each lot or parcel of land ; and there shall be added to the amount of taxes in arrears on each of such lots or parcels of land, the sum of ten per cent. for costs and also a further sum on both the above amounts, equal to ten per cent. per an-~ nuim until the same is paid or the lands are sold as hereinafter provided 43 V.e. 2, 5. 36. Notice tobe = XLII. When two years’ arrears of taxes are due on any o two years’ the above lands, the treasurer shall cause a list or statement of the lands so remaining in arrears to be inserted in at least three successive issues of the Manitoba Gazette, and in a weekly newspaper published in the Province ; and he shall state in said list or statement that all such lots or parcels of land will he offered for sale on the first Monday in March immediately following said advertisement, commencing at twelve o'clock noon, unless in the meantime the taxes have been paid; the Sale. sale shall take place within the municipality ; and a return of the lands so sold shall, within one week, be made by the said treasurer to the Provincial secretary, to be by him entered in a book kept for that purpose ; and in addition to the aforesaid arrears and costs for advertising, the treasurer shall, on the day of sale, add one dollar to each” parcel of land he shall sell ; which said dollar he shall be entitled to for sale made by him. 42 V.c. J, 8. 36. MUNICIPALITIES. Chap. 64. 811 XLTV. Every such notice shall specify the place, day and ee hour at. which such sale will commence ; each lot or parcel of day, ée- land shall be designated therein by its ranges and number, or by its number in the plan and book of reference for registra- tion purposes, if any such there be. 43 V.c. 1, s. 37. XLV. All the lots thus liable for sale in the municipality shall be included in the same statement and in the same notice. 43 V.c. 1, s. 38. ' XLVI. All lands, goods and chattels to be sold under the R4yos how authority of this Act for the payment of taxes or other dues, shall be offered to public competition ; but such lands, goods and chattels so publicly sold shall be exempt from auction duty except as heretofore allowed, and need not be sold by a licensed auctioneer. 43 V.c. 1,8. 39. Treasurer to XLVII. At the place, day and hour appointed for the sale make known of lands, the treasurer of the council shall make known the amount to be amount of the sum to be raised as aforesaid upon each such property, to which amount he shall add the just proportion of the costs and expenses, to be borne by each such property ; and the person who then and there offers to pay the treasurer the amonnt of the said sum thus to be raised, with costs and ex- penses, for the smallest part, quantity or portion of the said lot, it shall be adjudged to him by the treasurer; and he shall sell such portion of the property as appears to him best for the interest of the proprietor thereof; but such portion sold must lie, if possible, adjacent to a road or. road allowance: always proviging, that a roadway be left for the portion of property unsold. 43 V.c.1,s. 39. Certificate. XLVIII. On payment by the purchaser of the amount of his purchase money, the treasurer shall give a certificate under his signature to such purchaser, specifying the particulars of such sale. 43 V ¢.1, 5, 39. XLIX. No such purchaser of any lot of land shall carry any 7urchaser™ timber away therefrom, during the first year he is in posses- timber. sion thereof; and it shall be the duty of the former proprietor, before he can recover possession of his land so sold, in addition to what he is bound to pay, to repay the said purchaser all the taxes, and the value of all public works which he has paid or performed during the time the land was in his possession. 43 V.c.1,s. 39. L. If, within one year from the day of such sale, the origin- Limitation al owner ofthe lct, or any one on his behalf, pays to the treas- *" Teevery- urer {the amount levied, together with twenty per cent., in addition to the same, then he shall be entitled to recover pos- session of the lot or parcel of land so sold; and the treasurer shall, on demand, pay to.the purchaser thereof, his heirs, as- signs or representatives the amount so received by him and Percentage. 812 Chap. 64. MUNICIPALITIES. thereupon (subject to the condition in the next following sub- section) the right acquired by the purchaser in the land shall henceforth wholly cease and determine. 43 V,c. 1, s. 39. Any person LI. Any person may redeem any such lot cr parcel of land fe so sold, whether thereto authorized or not by the original pro- prietor, but for and in the name of such proprietor only. 43 V.c.1, 5 39. LI. Whenever any such redemption is effected by a person not specially authorized, the treasurer shall mention in the re- ceipt given by him for the redemption money, the name and Receipt to be designation of the person paying the same; and every such plicate. : cd : ‘ receipt shall be made in duplicate ; one duplicate shall be de- livered to the person paying the redemption money, and the other shall remain on record in the office of the treasurer; and Provincial the treasurer shall within one week thereafter notify the Pro- secretary notified of re- vincial secretary of the Province of such redemption. 43 V. ¢. demption, 1s. 39 ° 7, 3. de, Proofofpay- LIT. Every such receipt, or a certified copy thereof certified ai by the treasurer, shall be proof of the payment mentioned therein; and when registered in the proper registry office, shall secure to the person therein mentioned, his heirs or as- signs, a privilege and mortgage over and prior to all other claims upon the lot or parcel of land so sold. 43 V.¢. 1,8. 39 ifland notre- LIV. If at the expiration of one year from the time of such inone year. gale, the land so sold is not redeemed as aforesaid, then the treasurer, on demand by the purchaser, his heirs, assigns or re- presentatives, and upon payment of the arrears of any other assessments which in the meantime-have become due thereon, shall execute a deed of sale in due form, conveying, in the Fee to troas. Dame of the municipality, the property so sold, to such pur- urer. chaser, his heirs, assigns, or legal representatives; and the treas- urer shall be entitled to one dollar for each deed he executes as aforesaid, to be paid to him by the purchaser of the land. 43 V.c. 1,8. 39. Dope een. LV. Such deed of sale shall be a legal conveyance of the absolutely. said land, and shall not only transfer to the purchaser all rights of.property which the original holder had therein, but shall also purge and disencumber such land from all privileges and mortgages due thereon. 43 V. c.1,s. 39. Fale not to «LVI. But whenever any lot of land situate in any township of Her Majes-is sold before the issuing of letters patent from the crown grant- - ing the same, such sale shall in no wise affect the rights of Her Majesty in such land, but shall only have the effect of transferring to the purchaser such rights of pre-emption or other claim as the holder of such land or any other person had ac- quired, if any, in respect of the same. 42 V.c¢. 1,5. 39. MUNICIPALITIES, Chap. 64 813. LVIL. If the election of all, or of one or more of the coun-Contento- cillois of any municipality be contested, such contestation shall be decided by the county court in and for the county within the limits of which county the place of election is situate. 43 V.cil,s. 40. ; LVUI. Every such election may be so contested by one or By whom more of the candidates, or by any ten at least of the inhahit- be contented. ants qualified to vote at such election. 43 V.c. 1,5. 40. LIX. The said contestation shall be brought before the courts Gontestation by a petition signed by the petitioner or petitioners, or by an fore court by attorney duly authorized, setting forth in a clear manner the?" grounds of such contestation. 43 V.c.1,s. 40. LX. A true copy of the petition, with a notice ‘stating the enc day on which the petition will be presented to the court, shall councillor. be first duly served upon the councillor or councillors whose election is contested, at least eight days before the day on which the petitron is presented to the court; and a return of the service shall be drawn up and signed in due form upon the original of the petition by the person who made the service Pe but no such petition shall be received after the term next fol- ceiving peti- lowing the election thereby contested, unless such election took #°™ place within the fifteen days next preceding the first day of such term, in which case the petition may be presented on the first day of the second term, but not later; nor shall any such petition be received unless security for costs be given by the petitioners. 43 Vic. 1, s. 40. LXI. If the court is of opinion that the grounds set forth in Power of the petition are sufficient in law to void the election, it shall°°"™ order proof to be adduced, and the parties interested to be heard, on the nearest day which it deems it expedient, and shall proceed in a summary manner to hear and try the said contestation ; the evidence may be taken down in writing, or Evidencehow given orally, in whole or in part, as the court shall order; and if the trial of such contestation is not concluded at the close of the term of the court during which it began, the judge may continue the same in vacation, and shall adjourn from day to day until he has pronounced his final judgment upon the merits of the same; and every such judgment so pronounced, and all proceedings had in any such case in vacation, shall have the same effect as if the same had been pronounced or had in term. 43 V.c.1,s. 40. LXII. The court may, on such contestation, confirm the Court may election, or declare the same to. be null and void, or declare an- corines ioe: other person to have been duly elected, and may, in either case, #02 "™"- award costs to or against either party; which costs shall be taxed and recovered in the same manner, and by the same means, as costs are taxed and recovered in actions brought in such county court. 43 V.c. 1,8. 40, 814 Chap. 64. MUNICIPALITIES. LXIII. If any defect or irregularity in the formalities pre- scribed for the election are set forth in any such petition, as a ground of contestation, the court may admit or reject the ob- Jections according as such defect or irregularity may or may not have materially affected the election. 43 V.c. 1,s. 40. ee a ee LXIV. If any such county court or any judge sitting therein new election. on any such contestation, declare the election of any councillor to be void, such court or judge shall, in and by the judgment in that behalf, name the day, not being sooner than fifteen, or later than twenty from the date thereof, for which a public meeting of the inhabitants of the municipality shall be called, in order to make another election; and the warden or the treasurer, or if there be no such officers, the registrar of the county, so soon as he hath cognizance of the judgment, shall cause a meeting of the inhabitants of the municipality, by giv- ing public notice of the day so named for the election, and shall proceed to the election of another councillor or councillors in the stead of the councillor or councillors whose election has been so declared null and void ; and the same formalities shall be observed at such election as are required to be observed at every general election of councillors. 43 V.c. 1,s. 40. Remunera- LXV. The council may pass by-laws for the remuneration tion of coun- a A c cillors..,, of the councillors thereof, but at no more than two dollars per day for each day’s attendance at the council board, and not more than ten cents per mile travelled each way. 43 V.c. 1, s. 41. Auditors ap- LXVI. Every council, after the municipality has been one pointed by year in operation, or as nearly as may be, shail at the first meeting thereof in every year, after being duly organized, ap- point two auditors, one of whom shall be such person as the head of the council nominates, and the other shall be appoint- ed by the council ; but no one who, at the time, or during the preceding year, is or was a member, or is or was a clerk or treasurer of the council, or who has, or during such preceding year had, directly or indirectly, alone or in conjunction with any other person, a share or interest in any contract or em- ployment with or in behalf of the corporation, except as au- ditor, shall be appointed as auditor. 43 V.c¢. 1, s. 42. Duty of audi- =ULXVII. The auditors shall examine and report upon all ac- counts affecting the corporation, or relating to any .matter under its control or within its jurisdiction, for the year ending on the thirty-first day of December preceding their appoint- ment. 43 V.c. 1,8. 43. pepicestete. UXVII. The auditors shall prepare an abstract of the re- ‘ ment ofre- ceipts ‘and expenditures and liabilities of the corporation; and ceipts and ex- p e P penditures. also a detailed statement of the said particulars in such form as the council may direct, and report in duplicate on all the accounts audited by them; and make a special report of any expenditure made contrary to law; and they shall file {the MUNICIPALITIES. Chap. 6-4 815 same in the office ofthe clerk of the council within one month of their appointment; and thereafter any ratepayer of Phe municipality may inspect one of such duplicate reports at all reasonable hours ; and may, by himself or his agent, at his own expense, take a copy thereof or extracts therefrom. 45 V.c. 1, 8. 44, LXIX. The council shall, upon the report of the auditors, Council to finally audit and allow the accounts of the treasurer and col-counts, lector, and all accounts chargeable against the corporation ; and in case of charges not regulated by law, the council shall allow what is reasonable. 43 V.c. 1,8. 45. LXX. Every returning officer, every warden, every council- 2iicers berore lor,’assessor, collector, constable, auditor and every other officer duties to tale of the municipality shall, before entering upon the duties of” his office, make and subscribe a solemn declaration to the effect following: “I, A.B., do solemnly promise and declare that 1°"? will truly, faithfully and impartially, to the best of my know- ledge and ability, execute the office of (inserting the name of the office), to which I have been elected (o7 appointed) in the municipality, and that I have not received, and will not receive, any payment or reward, or promise of such, for the exercise of any partiality or other undue execution of the said office ; and that I‘have not, either directly or indirectly, any interest in any contract with or on behalf of said corporation.” 48 V. ec. 1,s. 46. POWERS OF MUNICIPAL COUNCILS AS TO RAILWAYS. oe The council of every municipality may pass by- seat as-to (1.) For subscribing for any number of shares in the capi- tal stock of, or for lending to or guaranteeing the payment of any sum of money borrowed by, an incorporated railway com- pany ; (2.) For endorsing or guaranteeing the payment of any de- benture to be issued by the company for money by them borrowed, and for assessing and levying, from time to time, upon the whole rateable property of the municipality, a sufficient sum to discharge the debt or engagement so con- tracted ; (3.) For issuing, for the like purpose, debentures payable at such times, and for such sums, respectively, not less than one hundred dollars, and bearing or not bearing interest, as the municipal council may think meet ; (4.) For granting bonuses to any railway company in aid of such railway, and for issuing debentures in the same manner as in the preceding sub-section provided, for raising money to meet such bonuses. 43 V.c. 1,8. 47. 816 Chap. 64. MUNICIPALITIES. A eorls LXXIL Any municipality, which may be interested in se- ; curing the construction of a railway, or through any part of which, or near which, the railway or works of any railway company shall pass or be situated, may aid by subscription for shares or assist such company by loaning, or guaranteeing, or giving money by way of bonus or other means to the company, or issuing municipal bonds to or inaid of the company; and otherwise, in such manner and to such extent as such munici- Providea, Palities shall think expedient : provided always, that such aid, subscription, loan, bonus, or guarantee, shall be given under a by-law for the purpose, to be passed in conformity with the provisions of this Act, and added to the previous existing debt, shall not in the whole exceed twenty-five cents per acre on the land in the municipality. 43 V.c. 1, s. 48. Bylaws sub- XXIII. Such by-laws shall be submitted in manner follow- tition. ing, namely: on a petition of one-fourth of the duly qualified resident voters under this Act. 43 V.c. 1, s. 49. By-laws to LXXIV. Such by-laws shall provide for raising the amount provide for so petitioned for, repayable within twenty years by annual in- amount peti-stalments of principal, with interest in the meantime: payable yearly or half-yearly, and for the issue of debentures for such instalments and interest, and for delivery to the trustees of the debentures for the amount of such instalments with inter- est at the times and on the terms specified in the petition; which debentures the municipal council, and the warden and other officers thereof, are hereby authorized to execute and is- sue in such case. 43 V.c.1,s. 50. Bylaws to | LXXV. Any such by-laws as mentioned in the next three ofelectors. preceding sections shall require the assent of the electors of a municipality, before the final passing thereof; and the follow- ing proceedings shall be taken for ascertaining such assent : Council to ix (1.) The council shall, by a by-law, fix the day, hour, and time, &. for nlaces for taking the votes of the electors on the by-law to be submitted to them, at places designated; and shall also name returning officers to take the votes at such places; and such day shall not be less than three, nor more than four, weeks eafter the first publication of the proposed by-law as herein pro- vided for ; By-law tobe (2,) The council shall, for at least one month before the final Published. passing of the proposed by-law, publish a copy thereof in some newspaper published weekly or oftener in the municipality, or in the Province ; Certifcate of 3.) Appended to each copy so published shall be a notice signed by the clerk of the council, stating that such copy is a true copy of a proposed by-law, which will be taken into con- sideration by the council, after one month from the first pub- lication in the newspaper—stating the date of the first publi- MUNICIPALITIES ACT ASSESSMENT ROLL—SCHEDULE A. rr ee re EE eee oe ; 3 al GWNER. DESCRIPTION. oS ACRES. ASSESSMENT. Be 7 5 68 Z & q 3 om g : Sa Hig a . oe 2 if . pe) 8 NAME. OCCUPATION. | a a é 893 | 3 & | cS | p72 | gue] 2 3 a1 2 oa a, ° a 3 80 Name. | Address.| 58 9 a Ba | asa ASS] 5 3 5 3 ée ° < 4 a a | 5 4 per| a a | Za 4 A A SA SEI AM A AIT SIT ES IP ST SE ILENE AES BIE TELE! SEE ANCA RA SE 2 5 RSAC AT AAT SN SSE EB SR EIS REO SN TS EIT NUMBER OF PERSONS IN FAMILY. NUMBER OF CATTLE. Date of Delivery of MALES. FEMALES. ae S a = . on] Assessment REMARKS. 5 z nn: - Total. Religion. x 8 o 38 6 6 6 8 Notice. Married. Single. Married. Single. ° 4n)/4h | 45 MUNICIPALITIES. Chap. 64. 817 cation, and naming the hour, day and place or places fixed for taking the votes of electors ; ‘(4.) At such day and hour a poll shall be taken, and all Po". proceedings thereat and for the purpose thereof, shall be conducted in the same manner, as nearly as may be, as at an election ; (5.) The returning-officer shall, on the day after the closing bly ee ee of the poll, return the poll-books, verified to the clerk of the fy poll book, council ; (6.) The clerk of the council shall add up the number of Clersioadd votes for and against the same, and shall certify to the coun- cil, under his hand, whether the majority have approved or disapproved of the by law ; and he shall keep the same, with the poll-books, among the records of his office. 43 V. ¢ 1, 8. 51. LXXVI. The council may, under the formalities required by BY2NAioy law, pass by-laws for contracting debts by borrowing money or depts or bore otherwise, and for levying rates fur payment of such debts on money. the rateable property of the municipality, for any purpose within the jurisdiction of the council, not otherwise provided for ; but no such by-law shall be valid, which is not in accord- ance with the following restrictions and provisions : (1.) The by-law shall name a day in th» financial year in By-law to which the same is passed, when the by-law shall take effect, when the. and the whole of the debts and the obligations to be issued Smeshall therefor shall be made payable in tw nty years at furthest from the day on which such by-law takes efiect ; _ (2) The by-law shall settle a special rate per annum, in addi- BY Jaws to 4, tion to all other rates to be levied in each year, for paying the be levied. interest—such special rate shall ve suiticient, according to the amount of rateable property appcariny by the last revised as- sessment roll, to pay the ilatersst wien payable ; (2.. The by-laws shall recite: (1) the a nount of the existing ee debts, if any, the amount of the debt which such by-law is in- of debts, ete. tended to create, and, in Some vricf and general terms, the ob- ject for which it isintended ts bo erento ; (2) the total amount required hy this Act, to b+ ra sui sumtaliy by special rate for paying the interest; (3) the ai vant of the whole rateable pro- perty of the municinalit., uc ) iug to the ‘int rovised assess- meut roll; (4) the annual special rat in th» dollar for paying the ‘nierest, ard the amount of ine esr sech debentures shall bear; and (5), the creation of 0. eqns! vearty sinking fund for the extinction of the wis eat, to cei to take effect at suc time as the municijal evune:! shal deem expedient and proper, and stated insus > 43 ¥.. 1,8. 52, 52 818 Chap. 64. MUNICIPALITIES. bylaw tore- LXXVII. Every by-law for raising upon the credit of the ofelectors. municipality any money not required for its ordinary expendi- ture, and not payable within the same municipal year, shall, before the final passing thereof, receive the assent of the majo- rity of the electors of the municipality, in the manner provided fer in this Act. 43 V.c 1,s. 53. Debentures. § LXXVIII. All debentures and other specialities duly autho-’ rized to be executed on behalf of the corporation, shall, unless otherwise specially authorized or provided, be sealed with the seal of the corporation, and signed by the warden or by some other person authorized by by-law to sign the same, otherwise the same shbali not be valid. 43 V.c. 1,5. 54. Debentures, LXXIX. Any debenture issued under the formalities requir- ne. "5!" ed by law, by the corporation, payable to bearer or to any per- son named therein or bearer, may be transferred by delivery ; and such transfer shall vest the preperty in such debenture in the holder thereof, and enable him to maintain an action there- upon in his own name. 43 V.c. 1, 8. 55. Pence es a LXAaX. Any such debenture, issued as aforesaid, shall be full amount. valid and recoverable to the full amount, notwithstanding its negotiation by such corporation at a rate less than par, or at a rate of interest greater than six per centum perannum. 43 V. c. 1, 8. 56. ~ Actnot toin- LXXXI. This Act shall not prevent any town from becoming terfere with . «os general incorporated under the provisions of the general clauses Act, clauses Act. and where any such town shall become so incorporated, it shall cease to be a portion of the municipality in which it lies, 42 V.& J, s 57, Lt.-Governor TX XX. When two or more electoral divisions form a mu- to appoint ea = “i . z returning offi- nicipality, and there is a desire on the part of the electors of cer aatiae orany one of such electoral divisions, to become a separate muni- municipality. ejpality, and the sae is made known by petition from the re- presentatives of said electoral division to the Lieutenant-Gov- ernor in council, the Lieutenant-Governor may appoint a re- turning-oflicer and name a day for holding an election in said electoral division ; at which election the returning-officer shall take the votes of the electors,“yea” or “nay, ’—those in favor ofa separate municipality shall be required to vote “yea” and those against, “nay,’—and if the majority of votes be “yea,” the said electoral division shall thereafter become and be a municipa- Blection of ity under the provisions of this Act, and the Lieutenant- ‘ Governor in council shall provide for the holding of a first election of a warden and councillors therefor as provided for by this Act, and such original municipality shall remain a municipality exclusive of the said electoral division. 43 V. e. 1, s. 58. MUNICIPALITIES, Chap. 64. 819 ie LXXXIII. When a portion of a municipality, comprising Set sinatity’ an area of not less than six townships, whole or fractional, lying contiguous, containing not less than one hundred and fifty resi- dent ratepayers, according to the last revised assessment roll, the _ electors whereof desire to be struck off from such municipality, and to be formed into a separate municipality, provided the re- mainder of the municipality shall be greater, or at least equal in area to the portion: seeking to be struck _ off, then, on a petition of at least fifty of such ratepayers to the Lieutenant-Governor in council praying as above, the Lieuten- ant-Governor may appoint a returning officer and name a day Returning | for holding an election in said: portion of the municipality ; votes.” at which election the returning officer shall take the votes of the electors thereof “yea” or “nay”—those in fayor of separa- tion shall be required to vote “yea,” those against “nay’—and if the majority of the votes be “yea,” the said portion shall thereafter heeome and be a municipality under the provisions of this Act, and the Lieutenant-Governor shall provide for the holding of the first election for a warden and councillors as pro- vided tor by this Act. 43 V.¢.1, 8. 59. r y anit : ST wae deg i a * 4h Warden and LXXXIV. The warden and councillors clect for each of the Soe municipalities of Westbourne and Portage la Prairie for the Westbourne f : : 2° and Portage present year, shall be and remain the first warden and coun-1ta Prairie. cillors fur éach of such municipalities, respectively, under this Act. 43 V.c.1,s. 60. LXXAV. The reeve and councillors elected for the munici- re pality of Kildonaa tor the present year, shall remain and be the Kildonan. first warden and councillors for such municipality under this Act—said resve taking the place of and becoming the warden. 43 Vie 1,s. GL. LXXXVI. Anything commenced, had, made or done by each Rockwood of the-councils of the present existing municipalities of Rock- a ene wood and Springfield, under the municipal Acts of this Pro- pelities Acts vince in force at the time of the passing of this Act, shall be valid and may be continued and completed hy each of the said councils, under the provisions of this Act ; but neither of the said councils shall create any new debt or Ievy any rate for the current year. 43 Vic. 3,5. 62. LXXXVIL. The treasurer and collector of ssch municipality Fp we to shall be required to vive security for such amount as the coun- il thereof shall determine. 43 V. c. 1, s. 63. LXXXVIIL When a municipality refuses or neglects to Lt.-Governor elect a warden and councillors, the Lieutewant-Governor in {clech ware council shall, within one month thereafter, appoint a warden ST eoieai a and councillors for such municipality. 43 V.c. 1s. 64. refuses. LXXXIX. Any warden or councillor refusing to act, after Pemlty. having been dufy elected, shall thereby incur a penalty of 820 Chap. 64. MUNICIPALITIES. forty dollars ; which said penalty may be recovered by the municipality by an action in any of the courts of this Province, with full costs. 43 V.c. 1,8. 65. Tiesnse mor, XC. The sums paid for every license granted under any Act treasurer.; “ to person or persons carrying on his or their business in any municipality, or incorporate town, shall, on or before the first week in March in every year, be paid by the Provincial treas- urer to the treasurer of each such municipality, town or city, respectively. 43 V.c. 1,8. 66. Proce cain XCI. The division of the Province into municipalities under this Act shall be and is as follows : Westbourne. No. 1, or the municipality of Westbourne, shall comprise townships 18, 14, 15, 16, and 17, ranges 9, 10, 11, and 12 west, and townships 16 and 17, range 8 west, fractional and includ- ing the old settlement of Westbourne, and shall be sub-divided into six wards, each of which shall elect one councillor, as fol- fows :— Ward No. 1, composed of township 13, ranges 9 and 10 west, including the old settlement of Westbourne. “ 9%, composed of township 13,ranges 11 and’12 west. is “ 3, composed of townships 14, 15, 16 and 17, range - 12 west. fe “ 4, composed of townships 14, 15,16 and 17, range 11 west. a “ 5, composed of townships 14, 15,16 and 17, range 10 west. as “ 6, composed of townships 14, 15,16 and 17, range 9 west, with townships 16 and 17, range 8 west, fractional. 43 V.c. 1,8. 67. Norfolk. XCII. No. 2, or Norfolk, shall comprise townships 7, 8, 9, 10, 11 and 12, ranges 9, 10, 11 and 12 west, and shall be sub- divided into six wards, each of which shall elect one councillor as follows :— Ward No. 1, comprised of townships 7 and 8, ranges 9 and 10 west. a “ 2, townships 7 and 8, ranges 11 and 12 west. . “ 8, townships 9 and 10, ranges 11 and 12 west. « 4, townships 9 and 10, ranges 9 and 10 west. : “ 5, townships 11 and 12, ranges 9 and 10 west. MUNICIPALITIES. Chap. 64. 821 Ward No. 6, townships 11 and 12, ranges 11 and 12 west. 43 V.c. 1, s. 68. XCIII. No. 3, or Lorne, shall ecmprise townships 4,5 and Lorne, 6, ranges 9, 10, 11 and 12 west, and shall be sub-divided into six wards, each of which shall elect one councillor as follows : Ward No. 1, composed of township 4, range 11 and 12 west. Ward No. 2, township 5, ranges 11 and 12 west. ee * 3, township 6, ranges 11 and 12 west. i “ 4, township 6, ranges 9 and 10 west. « 5, township 5, ranges 9 and 10 west. se “ 6, township 4, ranges 9 and 10 west. 43 V. ¢.1, s. 69. XCIV. No. 4, or Louise, shall comprise townships 1, 2 and Louise. 3, ranges 9, 10, 11 and 12 west, and shall be sub-divided. into six wards, each of which shall elect one councillor, as fol- lows: Ward ‘No. 1, composed of township 1, ranges 11 and 12 west. us “ 2, township 2, ranges 11 and 12 west. ts “ 3, township 3, ranges 11 and 12 west. ee « 4, township 3, ranges 9 and 10 west. “ §, township 2, ranges 9 and 10 west. 3 “ 6, township 1, ranges 9 and 10 west. 43 V.e. 1, s. 70. XCV. No. 5, or Dufferin South, shall comprise townships south.” 1, 2 and 3, ranges, 6, 7 and 8, and the west four miles of range 5 west, and shall be sub-divided into six wards, each of which shall elect one councillor as follows : Ward No. L, composed of townships 1 and 2, range 8 west. “ ce 2, townships 1 an 1 2, range 7 west. “cs ce 3, townships 1 and 2, range 6 west. “ ri9 4, townships 1 and 2, west 4 miles of range 5 west. ae “ 5, township 3 west, 4 miles of range 5 and range 6 west, s i 822 Chap. 64. MUNICIPALITIES. Ward No. 6, re 3, ranges 7 and 8 west. 43 V.c. 1, S: 7k oes XCVI. No: 6, or Dufferin, North, shall comprise townships 4, , 5 and 6, ranges 3, 4, 5, 6, 7 and 8 west, identical with elec- toral division Dufferi in North, and shall be sub-divided into six wards, each of which shall elect one councillor, as follows: Ward No. 1, composed of townshivs 4, 5 and 6, range 8 west. ie “ 2, townships 4, 5 and 6, range 7 west. . : “ 3, townships 4, 5 and 6, range 6 west. “ “ 4, townships 4, 5 and 6, range 5 west. “—_ 5, townships 4, 5 and 6, range 4 west. : “ 6, townships 4, 5 and 6, range 3 west. 43 V.c. 1, s. 72, Portage: XCVII. No. 7, or Portage, shall comprise the three electoral divisions of High Bluff and Poplar Point, Portage’ la Prairie and Burnside, zane of which electoral divisions shall elect. two councillors. 43 V.c.l, s. 73. Woodlands. XCVIII. No. 8, or Woodlands, shall be identical with the electoral division of Woodlands, divided into six wards, each to elect one councillor : Ward No. 1, township 13, ranges 1 and 2 west. " “ 2, township 14, ranges 1 and 2 west. “ 3, townships 13 and 14, range 3 west. i “ 4, townships 13 and 14, range 4 west. — ee “ 5, townships 15, 16, and 17, ranges 3 and 4 west, and township 17, range 5 west, fractional. is “ 6, townships 15, 16 and 17, ranges 1 and 2 west. 43 V.c. 1s. 74, Beleourt. XCIX. No. 9, or Belcourt, shall comprise the electoral divi- sion of Baie St. Paul, and shall be divided into two wards for electoral purposes as follows : Ward No. 1, composed of hips 7, 8 and 9, ranges 3 and 4 west shall elect one councillor ; he re- mainder of the electoral division or ward No. 2 shall elect the remaining five councillors. 43 V.c. 1, 8. 75. MUNICIPALITIES. Chap. 64. 823 _C. No. 10, or St. Francois Xavier, shall comprise the electoral ae division of the same name and shall be divided into two wards for electoral purposes as follows : Ward No. 1, composed of townships 7, 8 and 9, ranges 1 and 2 west shall elect one councillor. “ 2, shall comprise the remainder of the electoral division and shall elect the remaining five councillors. 43 V.e¢.1,s. 76. CL. No. 11, or Morris, shall comprise the electoral division “™™* of Morris, except the part known as the Mennonite reserve, de- scribed as follows: townships 1, 2 and 3, ranges 1 and 2 west, and township 1, range 1, east, and shall be divided into three wards, each of which shall elect two councillors, as follows : Ward No. 1, composed of township 2, range 1 east, and those portions of townships 1 and 2, range 2 east, west of Red River, and that part of the settlement belt between the international boundary and township line, north of town- ship number two. Ward No. 2, composed of township ranges 1 and 2 west, and townships 3 and 4, range 1 east with that part of the settlement belt between ward No. 1 and the second base line (produced through the settlement belt) on the west side of Red : River. “ 3, All the remainder of the municipality. 43 V.c. 1, s. 77. CII. No. 12, or Rineland, shall’ comprise that part of the Rinelanag ‘ Mennonite reserve in the counties of Dufferin and Morris not included in Morris or South Dufferin ; and the council shall be elected by a general vote of the electors, 43 V.c. 1, 3. 78. \ CUI. No. 13, or Emerson, shall comprise the electoral divi- Emerson. sion of the same name, and shall be divided into three wards, each of which shall elect two councillors as follows : Ward No. 1, composed of township 1 in all the ranges ' within the electoral division and that part of the settlement belt on the east side of Red River between the international boundary and the Indian reserve at the mouth of the Roseau River. , “ 2, composed of township 2, all the ranges in the electoral division, 824 Yonville. Bt. Anne. Baeho. St. Norbert, Chap. 64, ° MUNICIPALITIES. Ward No. 8, composed of township 3, in all the ranges in the electoral division, and that part of the Settlement belt on the east side of the river between the Indian reserve and the northern limit of the municipality. 48 V.c. 1, s. 79. CIV. No. 14, or Youville, shall comprise that part of the electoral division of Ste Agathe between the Mennonite Reserve and Red River, described as follows: All the settlement belt on the east ride of the river between the southern and the northern limit of the division and townships 4, 5 and 6, ranges 2 (east of river) 3 and 4 east, and township 4, range 5 east; and the said municipality shall be sub-divided intothree wards as follows : - Ward No. 1, composed of township 4, ranges 3, 4 and 5 east ; which shall elect one councillor. ‘ - “ 2, composed of all the settlement belt and town- ships 4, 5 and 6, range 2 east, that are east of the Red River; which ward shall elect two , councillors. “ “ 3, composed of townships 5 and 6, ranges 3 and 4 east; which shall elect three councillors. 43 V.c. 1,58. 80. CV. No. 15, or Ste. Anne, shall comprise the parish of Ste. Anne with townships 8 and 9, range 6 east, not including any of the parish of Lorette, and townships 4, 5, 6, 7, 8 and 9, ranges 7, 8,9 and 10 east, and that part of township 7, range 6 east, not included in the Mennonite Reserve, and shall be sub-divided into three wards as follows : : Ward No. 1, composed of that part of township 7, range 6 east, not in Mennonite Reserve,and townships 4, 5, 6 and 7, ranges 7, 8,9 and 10 east ; which shall elect one councillor. f “ 2, composed of township 9, ranges 7, 8, 9 and 10 east ; which shall elect one councillor. « « 3, all the remainder of the municipality ; which shall elect the remaining four council- lors. 43 V.c. 1,8. 81. CVI. No. 16, or Tache, shall comprise the Parish of Lorette and the east half of townships 8 and 9, range 4 east, and town- ships 8 and 9, range 5 east ; and the council shall be elected by a general vote of the municipality. 43 V.c. 1, s, 82. CVIL No. 17, or St. Norbert, shall comprise the remainder of townships 8 and 9, range 4 east, not included in Ste. Anne north, all the settlement belt on the east side of Red River, MUNICIPALITIES. Chap. 64. 825 between the southern and northern boundaries of the electoral division of LaVerandrye; the council shall be elected by a general vote of the electors. 43 V.c. 1, 8. 83. OVIIL No. 18, or Cartier, shall comprise the electoral divi- Cartier. sion of the same name, and shall be sub-divided into wards, for election of council as follows :— Ward No. 1, composed of township 7, ranges 1 and 2 east, and that part of the Parish of Ste. Agathe within the municipality ; which ward shall elect two councillors. at “ 2, composed of township 8, ranges 1 and 2 east ; which shall elect one councillor. 7 “ 3, composed of township 9, ranges 1 and 2 east, and that part of the Parish of St. Norbert, within the municipality ; which ward shall elect two councillors. ‘ “ 4, composed of that part of the Parish of St. Vital within the municipality ; which ward shall elect one councillor. 43 V.c. 1, s. 84. CIX. No. 19, or Assiniboia, shall comprise the electoral divi- A#tbots. sion of the same name and township 11, ranges 1 and 2 east (fractional), and shall be divided for electoral purposes as fol- lows: Ward No. 1, that part of Parish of Headingly, south of the Assiniboine River ; which shall elect one coun- cillor. ss “ 2, that part of Headingly north of the river ; with township 11, range 1 east, shall elect one coun- cillor. “ 3, that part of the municipality east of ward No, 1 and north of the Assiniboine River; which shall elect two councillors. . “ 4, the remainder of the municipality shall elect two councillors. 43 V.¢. 1,8, 85. CX. No. 20, or St. Boniface, shall be identical with che divi- St. Bontface, sion of St. Boniface and shall be sub-divided into two wards for election of council as follows : Ward No. 1, composed of that portion of the Parish of St, Boniface north of Provencher avenue and west of the road allowance of the Pembina Branch of Canadian Pacific Railway, shall elect four councillors. 826 Springfield. Ktldonan. St. Paul. St. Andrew’s. Chap. 64. MUNICIPALITIES, Ward No. 2, si of all the remainder of the munici- pality and shall elect two councillors. 43 V. c. 1, s. 86. CXI. No. 21, or Springfield, shall comprise the electoral division of Springfield, not including any part of the parishes of Kildonan and St. Paul’s except the outer two miles, and shall be divided into six wards, each of which shall elect one councillor, as follows: Ward No. 1, composed of townships 11 (fractional) and 12 (fractional), range 4 east, together with the outer two miles of the parish of Kildonan East and that portion of the outer two miles of the parish of St. Paul East, extending into township 11. n a 2, composed of township 11, range 5 east. 3, township. 12, ranges 5, 6, 7, 8, 9 and 10 east. rig ce 4, township 11, ranges 6, 7, 8, 9 and 10 east. “ 5, township 10, ranges 6, 7, 8, 9 and 10 east. ie “ 6, township 10, range 5 east. 43 V.e: 1,3. 8% OXI. No. 22, Kildonan, shall comprise the parish of Kil- donan as at present constituted for municipal purposes and divided into two wards: Ward No. 1, on the east side of the Red River, and Ke “ 2, on the west side, each of which shall elect three councillors. 43 V.c. 1,8. 88. CXITIT. No. 23, or St. Paul’s, shall comprise the parish of St. Paul, including the outer two miles on the west side of Red River, and that part of the outer two miles on the east side of the Red River not included in Springfield, with township 12, ranges 1, 2 and 3 (fractional), east and shall be sub-divided for electoral purpo:es as follows : Township 12, ranges 1, 2 and 3 (fractional) east shall elect one councillor, the remainder of the municipality shall elect the remaining five councillors, two from the east side and three from the west side of the Red River. 43 V.c. 1, s. 89. CXIV. No. 24, or St. Andrews, shall comprise the electoral division of St. Andrews and St. Clements, and shall be divided into six wards, each to elect one councillor, as follows: Ward No. 1, composed of the part of St, Andrews south ly- ing west of Red River, and the east half of township 13, range 3 east. MUNICIPALITIES, Chap. 64. 827 Ward No. 2, composed of the part of St. Andrews north, ly~ ing west of Red River, and townships 13 and 14, range 4 east (fractional). ““e ‘ 3, the remainder of the electoral division of St. Andrews. s “ 4, the part of St. Andrews south lying east of Red River. e “ 5, the [part of St. Andrews north lying east of Red River. “ 6, the remainder of the municipality. 43 V.c. 1, s. 90. CXV. No: 25, or Rockwood, shall be identical with the elec- Roc weed. toral division of Rockwood and shall be divided into six wards each of which shall elect one councillor, as follows : Ward No. 1, composed of township 13, range 2, and the west half of township 13, range 3 east. rcs a9 2, composed of township 13, range 1 east. “ 3, composed of townships 14 and 15, range | east. fe “ 4, composed of township 14, range 2, and west 4 14, range 3 east. Ly “ 5, composed of township 15, range 2, and west 4 of 15, range 3 east. " “ 6, composed of townships 16 and 17, ranges 1, 2 and the west 4 of those townships in range 3 east. 43 V.c.1,s. 91. CXVL. No. 26, or Hespeler, shall comprise the Mennonite Hespeler. Reserve east of Red River, described as follows : Township 7, range 4 east, townships 5, 6 and 7, range 5 east, and townships 4, 5, 6 and 7, range 6 east, except south-east 4 of township 7, range 6, which is a part of Ste. Anne; and the council shall be elected by a general vote of the electors. 43 V.c. 1, 8. 92. CXVII. In any case where not otherwise defined, in the des- Boundary of cription of any municipality or ward, where the township and : range are all given, or from the nature of the case it appears necessary, or to have been the intention, to include the settle- ment belt or a portion of it, the line between the lots in the settlement belt most nearly coinciding with such township _ line (if such township line were produced to the 1iver) shall be the boundary of such: municipality or ward and in the $28 Chap. 65. MARRIED WOMEN. descriptions, the word “parish” shall mean the parish as laid down in the official maps. 43 V.¢. 1, s. 93. Menicipality CXVIII. After the first election under this Act, it shall be bute wards. lawful for the municipal council of any municipality to re- distribute their wards, from time to time, as they shall deem wise and expedient; but they shall retain the original number of six councillors, as provided by this Act, excepting the mun- icipality No. 7, or Portage, which may increase the number of councillors to 12, that is, four to each ward, instead of two, as provided for by this Act. 43 Vie. 1, s. 94. eer porae CXIX. All jncorporated cities or towns incorporated under Some anne the “General Clauses Act” or otherwise, shall not come under the provisions of this Act. 48 V.c. 1,8. 95. Gerke to ne CXX. The clerks of the different municipalities and incor- a Sin ee porated cities and towns throughout the Province, shall, on or before the first day of October in each and every year, make a return to the clerk of the executive council of a copy of the voters’ list or lists for their respective municipalities, city or towns or wards therein, duly certified to at the foot thereof, before a justice of the peace, as being a true copy of such voters’ lists, which certificate shall be signed by the said clerk and justice of the peace, and may be in the form follow- ing: I, (name of clerk) do hereby solemnly declare that the fore- going is a true and correct copy of the voters’ lists of the (name of municipality, city, town or ward therein): so help me God. Sworn before me at in the county of AB, clerk of the this day of A.D. 18 (name of municipality, city or town.) 43 V.c. 1, 5. 96. CXXI. This Act may be cited as “The Municipalities Act of Manitoba.” CXXII. The following is the form of the municipalities Act assessment roll—schedule A. CHAPTER LXV. An Act respecting married women. A married woman may hold her pro-| A married woman may hold property | perty free from the debts or control not reduced into possession by her of her husband, &. 1. husband, s. 2. MARRIED This Act not to prevent selzure in ex- ecution in certain cages, 8. 3. Order of protection required as to earnings, 8. 4. In what cases married women may obtain order as to earnings, s. 5. Purport and effect of such order, s. 5. How and by wuom order disch*'sing protection may be obtained s.6 To whom application to be muue for order, 8. 7. Order may be ez parte. s. 8. Hearing may be publicor private.s.9. Order not to have effect until regis- tered, s. 10. j Evidence of order, s. 10. From what time the order discharg- ing protection shall take effect, s. 11. Estate to which husband is entitled in the property of his wife not subject to his debts during her life, s. lz. Separate property of wife to be liable for her debts before marriage, s. 13. Liability of husband for such debts WOMEN. Chap. 65. limited, s. 14. 2 Married woman may devise or be- een her separate property, etc., 8. 15. Separate property of wife dying—how to be distributed, s. 16. ‘As to action , etc., against wife for debts contracted before marriage, s. Ts Act not to affect marriage set{lement, 8 Prop-rty that may be held by mar- ried woman free from claim of hus- band, 8. 19. Wife may make deed or conveyance of real estate, 8. 19. Married woman may insure her own life, s. 20. : , Husband not liable for debts of wife contracted before marriage. s. 21. zie eee which Act shall take effect, s. 22. Act may be cited as ‘‘The married woman's Act of Manitoba,’’ s. 23. Her Masesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : 829 I. Every woman who shall marry, on and after the fourteenth A married day of May, 1875, without any marriage contract or settle. foluher pro- ment, shall and may, notwithstanding her coverture, have, Poy {te® hold and enjoy all her real and personal property, whethei be- debts or con- longing to her before marriage, or acquired by her, by inheri- husband. tance, devise, bequest, or gift, or as next of kin to an intestate, orin any other way, after marriage, free from the debts and obligations of her husband, and from his control and dis- position without her consent, in as full and ample a manner as if she continued sole and unmarried, any law, usage, or cus- tom to the contrary notwithstanding: but this section shall Provise- not extend to any property received by a married woman from her husband during coverture. 38 V. c. 25, s. 1. II. Every woman who, before this Act takes effect, married Sy without any marriage contract or settlement, shall and may, before Act from and after the fourteenth day of May, 1875, notwithstand- holt property ing her coverture, have, hold and enjoy all her real estate, not Dobscanced, then taken possession of by her husband, by himself, or his Perens tenants, and all her personal praperty, not then reduced into : the possession of her husband, whether belonging to her before her marriage, or in any way acquired by her after marriage, free from his debts and obligations, and from his control or disposition, without her consent, in as full and ample a manner as if she were sole and unmarried, any law, usage or custom to the contrary notwithstanding. 38 V.c. 25,s. 2. UII. Nothing herein contained shall be construed to protect ale lea the property of a married woman from seizure and sale on an seizure in Ox execution against her husband for her torts ; and in such case, certain cares. execution shall first be levied on her separate property. 88 V. e, 25, s. 3. 830 Chap. 65. MARRIED WOMEN. ‘ Order ofpro- — TV. No married woman shall be entitled to her earnings required as to during coverture, without an order of protection under the pro- earnings. aoe 2 . 2 visions hereinafter contained.. 38 V.c. 25,8. 5. In what cases ; Sar : . . é La what VY. Any married woman, having a decree for alimony against woman may her husband, or any married woman who lives apart from her order asto husband, having been obliged to leave him for cruelty or other earnings. cause, which by law justifies her leaving him and renders him liable for her support, or any married woman whose hus- band is a lunatic, with or without lucid intervals, or any mar- ried woman whose husband is undergoing sentence of impris- onment in the Provincial penitentiary, or in any gaol, for a criminal offence, or any married woman whose husband, from habitual drunkenness, profligacy, or other cause, neglects or refuses to provide for her support or that of his family, or any married woman whose husband has never been in this Pro- vince, or any married woman who is deserted or abandoned by Farport and@her husband, may obtain an order of protection, entitling her, order. notwithstanding her coverture, to have and enjoy all her earn- ings, and those of her minor children, and any acquisitions therefrom, free from the. debts and obligations of her husband, and from his control or disposition, and without his consent, : in as full and ample a manner as if she weresole and unmar- ried, any law, usage or custom to the contrary notwithstand- ing. 38 V.c¢. 25,5. 6 ee We The married woman may at any tine apply, or the hus- orderdis- —_ band, or any of the husband’s creditors, may, at any time, on charging pro- : ‘ “ 2 aaa tection may notice to the married woman, apply for the discharge of the beobtained. order of protection, and if an order of discharge be made, the same may be registered or filed like the original order. 38 V. c. 25, 8. 7. Application | VII. The application for either of such orders shall be made: the chief jus- to the chief justice or one of the puisne judges of the court of *Queen’s Bench, and such orders shall, when made, be register- ed in the registry office of the county in which the married woman resides. 38 V.c. 25,8. 8. aE ad be VIII. Such orders, or either of them, may be made ew parte or upon notice to such parties interested,as the judge, to whom the application is made, shall direct. 38 V. ¢. 25,8. 9. eetbiicor” LX. The hearing of an application for an order of protection, private. or for an order discharging the same, may be public or private at the discretion of the judge. ‘38 V. ¢. 25, s. 10. ue X. The order of protection shall have no effect until it is until register- registered, and the registrar shall, immediately on receiving the order, endorse thereon the day of registering the same; and a certificate of the registering of the same, signed by the regis- trar for the.time being, shall be prima facie evidenee of such registering and da’:; and a copy of the order which is regis- * MARRIED WOMEN. Chap. 65. 831 tered, certified under the hand of a registrar to be a true copy Bygence of thereof, shall be sufficient prima facie evidence of the order without proof of the signature of the registrar, and without turther proof of the order itself, or of the making or validity thereof. 38 V.c¢. 25, s. 11. XI. The order for discharging an order of protection shall From what | not in anycase be retroactive,but shall take effect from the time discharging it-is made ; and the order for protection shall protect the earn- Lee ings of the married woman and her children until an order be effect. made discharging such order of protection; and the married woman shall continue to hold and enjoy, to her separate use, whatever, during the interval between the registering of the order of protection and the making of the order discharging the same, she may have acquired by the earnings of herself and her minor children. 388 V.c. 25, s. 12. XII. Any estate or interest to which a husband may, by Estateto | virtue of his marriage, be entitled in the real property of his bandis enti- wife, whether acquired before or after this Act takes effect, property of shall not, during her life, be subject to the debts of her hus- Bet ionia band ; but this provision shall not affect the right which any d¢b!s during person; by or under any judgment or execution obtained against the busband, had obtained in respect of any such es- tate or interest acquired by a husband before this Act takes effect. 38 V. ¢. 25, s. 13. XIU. Every married woman who has been married after the Sr ae: fourteenth day of May, 1875, and having separate property, job? lable | whether real or personal, notsettled byantenuptialcontract,shall betore marri- be liable upon any contraet made or debt incurred by her before “*° marriage, to the extent and value of said separate property, in ‘the same manner as if she were sole and unmarried. 38 V. c. 25,8. 14. XIV. Every husband, who hereafter takes any interest in the higpand for separate, real or personal property of his wife, under any con- $uch debis tract or settlement of marriage, shall be liable upon the con- tracts made or for debts incurred by her before marriage, to the extent or value of such interest only, and no more. 38 V.c. 25,8. 15. XV. From and after the fourteenth day of May, 1875, every ae de- mairied woman may, by devise or bequest, executed in the YiSe0n Pe, presence of two or more witnesses, neither of whom is her hus- chee ‘band, make any devise and bequest of her separate property, owe real or personal, or of any rights therein, whether such proper- ty was or be acquired before or after marriage, to, or among, her child, or children, issue of any marriage, and failing there being any issue, then to her husband, or as she may see fit, in the same manner as if sho were sole and unmarried. 388 V. c. 25,8 16. : 832 Chap. 65. MARRIED WOMEN. Separate XVI. The separate personal property of a married woman dy- wifedying, ing intestate, shall be distributed m the same proportions be- distributed. tween her husband and children, as the personal property of a husband dying intestate is to be distributed between his wife and children ; and if there be no child or children living at the death of the wife so dying intestate, then such property shall pass or be distributed as if this. Act had never been passed. 38 V.c. 25, 8. 17. 2 As to actions. 1 1 » 4 i etc., against XVII. In any action or proceeding at law, or in equity, by wife for debtsor against a married woman, upon any contract made or debt before marri- incurred by her before marriage, her husband shall be made a Bee: party, if residing within the Province ; but if absent therefrom, the action or proceeding may be commenced and carried on for or against her alone ; and in the declaration, bill or statement of the cause of action, it shall be alleged that such cause of action accrued before marriage, and also that such married Judgment or woman has separate estate; and the judgment or decree there- reeinsuch. . : ‘ cases, in, if against such married woman, shall be to recover of her separate estate only, unless in any action or proceeding against her, in which her husband has been joined as a party, any false plea or answer has been pleaded or put in by him, when the judgment or decree may be, in addition, to recover against him the costs occasioned by such false plea or answer, as in or- dinary cases. 38 V.c. 25,5. 18, Actnotio.. XVIII. Nothing in this Act shall be construed to prevent agesettie- any ante-nuptial settlement or contract being made in the menisete- same manner and with the same effect as such contract or set- tlement might have been made if this Act had not been passed ; but, notwithstanding any such contruct or settlement, any se- parate real or personal property of a niarried woman, acquired either before or after marriage, and not coming under or being affected by such contract or settlement, shall. be subject to the provisions of this Act in the same manner as if no such con- tract or settlement had been made; and as to such property, and ‘her personal earnings, and any acquisition therefrom, such woman shall be considered as having married without any | matriage contract or settlement. 38 V. c. 25, 8. 19. Property that XIX. The real estate and property mentioned in the first pay behsa and second sections of this Act, 4nd the rents, issues and pro- woman free fits thereof, shall, without any prejudice, and subject to the husband. — trasts of any settlement. affecting the same, be held and enjoyed by any married woman, for her separate use, free from any es- tate or claim therein or thereto of her husband during her life- time, as tenant by the courtesy or otherwise; and her receipts alone shall be a discharge for any rents, issues and profits of Wife may, |, any such real estate or property ; and any married woman may, convey real by herself alone, make any deed or deeds of conveyance or estate, cto. mortgage, demise or demises, of any such real estate, and may enter into any contracts whatsoever in respect of such real estate or property, or the management of the same, or the pro- LIFE ASSURANCE. Chap. 66. seeds and issues thereof, and the investment or re-investment of the same, the making of promissory notes or bills of ex- change, the drawing of cheques, and the doing of all other acts, matters and things requisite or expedient, in or about the man- agement and handling of, and the dealing with, all and singular the premises, without any assent or concurrence on the part of her husband, as if she were a femme sole and unmarried ; and no possession, whether actual or constructive, of the husband, of any property, real or personal, of a married woman, shall give the husband any title thereto, as against his wife, during her life- time, nor render the same liable for his debts. 38 V. ¢. 25,5. 20. i insur: Married XX. A married woman may effect an insurance on her own Martied insure her own life. life, or, with his consent, on that of her husband, for the term of her or his natural life, or for any less period, for the benefit or her heirs or herself, or for such uses, and subject to such trusts as she may, at any time, declare in writing respecting the same, without any assent or concurrence of her husband, except as aforesaid, as if she were a femme sole and unmarried. 38 V.c. 25, s. 21. XXI. A husband shall not be liable, by reason of marriage for any debts of his wife, contracted by her before her marriage 4 833 Husband not ? liable for ebts con- racted before with him ; but for such debts she alone and her estate and marriage. property shall be liable ; nor shall the husband be liable for any debts, liabilities or obligations contracted or incurred by the wife during coverture in her own name and by her own act, in or about or in respect of her own separate estate and property; and in all and singular the premises, a married woman may and shall, in all courts and proceedings, sue and implead, and may and shall be sued and impleaded, in her own individual name, (without joining the name of her hus- band), as if she were a femme sole and unmarried. 38 V.c. 25, s. 22. XXII This Act shall have operation from and after the four- poe teenth of May, 1875. operation. XXII. This Act may be cited as “The Married Women’s How Act Act of Manitoba.” CHAPTER LXVI. An Act to secure wives and children the benefit of life assur- ' anee. Lawful for a person to insure life for when no apportionment made, s. 4. benefit of wife and children, s. 1. Upon death of person policy payable, How insurance may be effected, s. 2. 8. 5. Lawful within one year to declare in} Provision in case of death of party in whose favor policy is made, 8. 3. whose favor effected, s. 6. All parties interested to share equally| Party effecting insurance may require may be eited, 834 Chap. 66. LIFE ASSURANCE. company to dispose of bonuses as 8. ll. he may direct, s, 7. Lawful to borrow money on sccurity Money to be paid to executors who of policy, 8. 12. may hold as trustees for children,| Incase of death of person in whose 8. 8. favor policy made to go, 5.13. — In case a person dies intestate, pay-| Person having policy may indorse Ment of insurance mouey to guar- upon, for benefit of wife or children, dian a sufficient discharge, s. 9. 8. 14.° Lawful for trustees to invest money| Lawful to revoke direction of policy, on good security, 8. 10. 8. 15s: Power to advance money if advisable,| Constrnetion, s. 16. 8. 10. 4 Act maybe cited as “The Act for life Lawful to surrender policy if unable assurance tor wives and children,” to meet premiums, In such case s. 17, company to grant paid up policy, Her Masesry, by and with the advice and consent of the Legislative Assembly of Manitoba enacts as follows : Hoe tas I. It shall be lawful for any person to insure his life for the gure life for, whole term thereof, or for any definite period, for the benefit and children. of His wife or children, or his wife and some or one of his children, or of his children only, or some or one of them, and to apportion the amount of the insurance policy, as he may deem proper, where the benefit of the insurance is effect- ed for more than one. 38 V.c. 15,5. 1. How effected. J]. The said insurance may be effected, either in the name of the person whose life is insured, or in the name of his wife, or of any other person (with the assent of such other person) as trustee ; and the premium on any policy of insurance here- after effected under this Act, shall be payable during the whole of the said person’s life, or during any lesser period, either by the payment of one sum for the whole term, or by annual, half-yearly, quarterly or monthly payments. 38 V.c 15, s. 2. Lawful with. JIT. It shall be lawful, within one year after any life insur- in one year to za declaréin ance has been effected, for the assuror, by writing endorsed voliey 2" upon or attached to the policy of insurance on his life (or made, otherwise) which may have been effected and issued as afore- said, to declare that such policy and insurance shall be for the benefit of his wife, or his wife and children, or of his wife, or some or one of his children, or of his children only, or some or one of them, and to apportion the amount of the insurance money as he may deem proper, when the insurance is declared to be for the bencfit-of more than one. 38 V ¢. 15, s. 3. All parties to ‘ti i i i gnats equally _ LV. When no apportionment is nade in any policy, or de- Senn ape claration as aforesaid, all parties interested in the same insur-. made. ance shall be held to share equally in the same; and when it is stated in such policy or declaration that the insurance is for the benefit of the wife and children generally, or of the child- ren generally, without specifying the names, then the word “ children” shall be held to mean all the children of the person whose life is insured, living at the time of his death, whether by any other marriage or not. 38 V.c. 15, 5. 4 LIFE ASSURANCE. Chap. 66. 835 V. Upon the death of the person whose life is insured, or oe sooner payment of the policy, the insurance money due upon Perey pay- the policy shall be payable according to the terms of the policy, or of the declaration as aforesaid, as the case may be, free from the claims of any creditor or creditors whomsoever. 38 V. ¢. 15, 8. 5. VI. In the event of some of the persons for whose benefit Provision in an insurance under this Act has been effected, dying in the of pereon in lifetime of the assured, it shall be lawful for the said assured, Insurance has after the death of such person, by any instrument in writing, P° ¢Mected- attached to or indorsed upon the policy of insurance or other- wise, made to declare that the share formerly allotted to such person or persons, shall be for the benefit of such other person or persons as the said assured may determine; and it shall be further lawful for the said assured, from time to time, by any further or other instrument in writing attached or endorsed on such policy, or otherwise, to alter the shares and allotments of such insurance money among the parties entitled to be benefited, as he may deem proper. 38 V.c¢. 15, 8. 6. VII. Any party effecting any such policy of insurance under fae tonecanoe this Act, may, in writing, require the assurance company issu- (ory eae ing such policy to apply the bonuses or profits accruing there-dispose of under, or portions of the same, either in payment of premiums may direct. or in reduction of the annual premiums payable by such assur ed in such way as he may direct ; or he may require the said bonuses or profits to added to the policy ; and the said insur- ance company shall apply such bonuses or profits as such as- sured shall direct, according to the rates established by such company. 38 V.c. 15,s. 7. d VIII. In all cases, where the party assured under any pede. ae policy, has directed, or shall direct, the insurance money, or pe ee .any portion thereof, to be paid to the child or children, with- shallhoid as ‘ : ‘ : trustees for out naming any person to receive the same on his or their be- children. half, during his or their minority, it shall be competent to the assurance company granting such policy, to pay the amount due to such of the children as shall be minors into the hands of the executor or executors, administrator or administrators, of such assured person, whether such person shall have died before the passing of this Act or not, who shall hold the same as trustees for such children ; amd the receipt of such executor or executors, administrator or administrators, shall be a suffi- cient discharge to the company. 38 V.¢. 15.8. 8. IX. If the assured shall have died, or shail hereafter happen [2 case any to die, intestate, and without having appointed in writing any intestate : person to whom such payment may be made on behalf of such Frourence infants, the payment to any guardian, administrator or to any fiardan trustee appointed by any instrument in writing executed by sufficient the assured, directing to whom such payment should be made, ~ shall be a sufficient discharge to the insurance company for 836 Chap. 66. LIFE ASSURANCE. the money so paid; and the company shall not be bound to see to the application of the money, or be liable for the subse- quent misapplication thereof. 38 V.c. 15, s. 9. posal X. It shall be lawful for the trustee or trustees named in dnyeet ate the last two preceding sections to invest the money so to be securities. received, upon’ government securities, Dominion and Provin- cial stock, or municipal debentures, or on mortgage of real estate, with full power from time to time to alter, vary and transpose the same, and to apply all or any part of the annual income arising from the share or presumptive share of each of the children, of and in the said trust funds, in or towards his or her maintenance and education, in such manner as the trus- Power toad’, tee or trustees may think fit; and also to advance unto and fadvisable- for each or any of the said children, notwithstanding his or her minority, the whole or any part of the presumptive share of the same child, of and in the said trust moneys, for the ad- vancement or preferment in the world or in marriage of any such child. 38 V.c. 15, s. 10. Ae ances XI. Ifa person, who has effected or who shall hereafter ef- . Policy ifun’. fect an insurance in the terms of this Act, shall find himself premiums. ynable to continue to meet the premiums, it shall be lawful for him to surrender the policy to the company granting the same, and to accept in lieu thereof a paid-up policy for such sum as the premiums paid would represent, payable at death ponerse OF otherwise in the same manner as the original policy; and policy. the said company shall accept such surrender, and grant such paid-up policy, notwithstanding any declaration or direction in favor of the wife and children, or any or either of them, of the assured, or any other matter or thing whatsoever. 38 V. c. 15, 8.11. awtul to XII. It shall be lawful for the person assured, from time to ey on security time, to borrow, on the security of the policy, such sums as ere may be necessary to keep the said policy in force; and the sums so borrowed shall be a first lien on the policy, notwith- standing any direction in favor of the wife or children, or any or either of them : provided, that the sums so borrowed do not exceed the amount of one year’s premium. 38 V. ¢. 15,8. 12. feo eas XIII. In the event of some of the parties, for whose benefit gon tales the said insurance has been effected, dying, the money payable madetogo thereunder shall be payable to the survivor or survivors of such MEIGS parties ; or in case they shall also die, to the executors or ad- | ministrators of the assured ; but nothing herein contained shall be held to prevent the said assured from assigning the policy for the benefit of any future wife or children, or executing a declaration in their favor, or in favor of some or one of them, as hereinafter mentioned. 38 V.c. 15,s. 13. Personhav- XIV. It shall be lawful for any person assured, by writing ing Polderse endorsed upon or referring to any policy which may have been \ Link AsSUNANCE, Chap. 66. 837 effected before the passing of this Act, or upon or referring to ee any such policy as in the last section is mentioned, to declare children, ete. that such policy of insurance shall be for the benefit of his wife, or his wife and children, or some or one of them, and the several provisions of this Act, shall apply to such insurance as fully as if the said insurance had been etfected in favor of such appointees after the passing of this Act. 38 V.c. 15,8. 14 XV. It shall be lawful for a party who has effected such in- Dawful for . z : z person tojre- surance, or made such declaration as aforesaid, at any time or yoke polley times thereafter, by any deed or writing notified to the com- poteeto. pany, or by his last will and testament, to revoke the direction “°™™?9”" as to any one or more of the parties originally intended to be » benefitted, and to declare, in the manner aforesaid, that such policy shall be for the benefit of one or more of the parties so originally named, to the exclusion of the other or others of them ; and the insurance moneys shall be payable to or for the benefit of the parties so named in such writing or will, instead of as originally intended: provided always, that this section Proviso. shall not apply to insurances made in favor of any wife under marriage settlement, or to any policy already transferred to any third party. 38 V.c.15,s. 15. XVI. Nothing contained in this Act shall be held or constru- C°"s""°*4"- ed to restrict or interfere with the right of any person to effect or assign a policy for the benefit of his wife and children, as at . present allowed by law; nor as affecting any assignment of apy existing policy made before the passing of this Act; nor any action or proceeding pending, at the time of the passing of this Aet, in any court of law or equity. 38 V.c. 15, s. 16. XVII. This Act may be cited as: “ The Act for life asswr- act nowcited. ance for wives and children.” SCHEDULE AW—ACTS REPEALED. 339 SCHEDULE A, Containing Acts, the subject matter of which is eared and contained or treated of in the Consi lidated Statutes, and which, from and after the Consolidated Ntatutes shall come into force and operation, shall be and stand repealed, in pursuance of 42 Vietoria, Chapter 9. Where found TITLE OF ACT. or treated of in Consolidated Statutes, 1s71 | 1871 PAGES, 54 Vict., : Chap. 1 jAn Act respecting the statutes ft) 2 [An Act to establish a supreme court in the Pro- vince of Manitoba, and for other purposes. 428—441 3 |An Act for the prevention of frauds and pevjuries. 650-651 4 |An Act relating to wills. §51-—658 5 j|An Act relatine to the sale of real estate under execution. , 108-—609 ( |An Act to regulate the administration of intestate estates. 6538—655 7 |An Act relatiny to the registration of deeds. T07—732 - 8 |An Act relating to deeds ‘by married women. ; 829—833 ) |An Act authori izing the appointment of inagistvates, and coroners, 111—115 10 |An Act relating to the study and practice of law in the Provinze of Manitoba. 232-—243 11 jAn Act for the establishment of police in this Province. 109—111 12 |An Act to establish a systein of education -in this Province. 758 —789 13 |An Act relating to highways. 337—354 14 The master and servants Act. 636—638 15 |An Act for enforcing the better observance of the Sabbath. 16 jAn Act relating to homesteads. 609—610. 17 |An Act to regulate the limits of electoral divisions; 20— 22 18 j|An Act for the keeping of the public accounts in Canada currency. 130 19 |An Act respecting the office of speaker of the legis- lative assembly. 95— 96 20 |An Act respecting licenses. 134—159 21 /An Act to impose a tax on dogs in this Pr ovince. 22 {An Act respecting horses at pasture. 374—375 23 |An Actin reference to certain animals going at). large at certain seasons. 375—375 24 |An Act for the destruction of Canada. thistles. 392 25 |An Act respecting the issuing of licenses and for other purposes. 134—166 26 /An Act relating to medical practitioners in this Province. {| 211—218 St 840 SCHEDULE A.—ACTS REPEALED. TITLE OF ACT. Where found or treated of in Consolidated Statutes. An Act to provide for defraying certain expenses of the civil government of this Province. Obsolete. 28 |An Act to prevent the deposit of manure on the banks of rivers. 3938—39-+ 29 |An Act relating to travelling on Nga 337—354 30 |An Act concerning stray animals. 376—378 31 |An Act relating to ferries in Manitoba. 163-—166 32 |An Act relating to the performance of statute labor. 337—354 33 |An Act to make valid a certain copy of the Hud- son’s Bay Company’s plans of survey, and for other purposes. 706—707 34 |An Act relating to county: assessments. | pe an 35 |An Act relating to parish assessments. 799—827 36 |An Act to abolish slaughter houses in Winnipeg. 35 VICT., 1872. 1872 1872 35 Vict., Chap. 1 |An Act to amend chapter two of the Acts of Man- itoba, intituled “An Act to establish a supreme court in the Province of Manitoba, and for other purposes.” 428—441 2 |An Act to amend the interpretation Act—chapter 1, statutes of Manitoba. 4 3 |An Act to amend an Act to establish a supreme court in the Province of Manitoba. 428—441 4 |An Act further to amend “The Act to establish a supreme court in the Province of Manitoba.” | 428—441 5.|An Act respecting the qualification of voters for the election of members of the legislative as- sembly. 29 (6° |An Act for the registration of voters. 22— 28 7 |An Act for the regulation and conducting of elec- tions. 30— 73 8 |An Act in relation to the vacating of seats in the legislative assembly. 100 9 |An Act in relation to disqualifications and disabil- ities to sit in the legislative assembly. 96— 98 10 jAn Act to provide for the trial of sentroverted elec- tions. 75— 94 11 |An Act respecting the indemnity to members of the legislature. 98— 99 SCHEDULE A.—ACTS REPEALED. TITLE OF ACT. 841 eee! Where found or treated of in Consolidated Statutes. 12 13 14 15 | 16 17 18 19 / An Act to amend an Act, 34 Vic. cap. ah relating to highways. An Act to amend an Act relating to the pertorm- ance of statute labor. An Act to amend cap. 16 of the statutes of Mani- teba, intituled: “An Act relating to home- steads.”” ~ An Act for the establishment of agricultural and arboricultural societies in Manitoba. An Act respecting lessors and lessees. An Act to provide for the security and manage- ment of the estates of certain classes of per- sons therein mentioned. An Act respecting absconding debtors. An Act to amend cap. 34 of the statutes of Mani- toba, intituled: “An Act relating to county as- sessments. An Act for the prevention of prairie fires. . An Act to amend an Act, 34 Vic. cap. 30, of the statutes of Manitoba. An Act for the protection of hotel and boarding- house keepers. An Act to amend cap. 12 of the Acts of Manitoba, intituled: “An Act to establish a system of education in this Province. An Act to provide for defraying certain expenses of the civil government of this Province. 337—354 343—351 609—610 252258 685—689 648—650 589—599 { 333—836 | 799-827 389—391 i= 078 691—693 758—789 Obsolete. 36 VICT., 1873 1873 36 Vict., Chap. 1 to 1873 An Act for continuing the Legislature of Manitoba in case of the demise of the crown. An Act to define the privileges, immunities and] powers of the legislative council and assembly of Manitoba, and to give summary protection to persons employed in the publication of sessional papers. An Act to provide for oaths to witnesses being ad- ministered in certain cases for the purpose of| the legislative council or assembly. An Act to amend an Act, cap. 5, Vic. 35 of the sta- tutes -of Manitoba, to establish a court oi @ueen’s Bench. 101 101—105 101—102 428—441 842 SCHEDULE A.—ACTS REPEALED. 18 19 TIELE OF ACT. * Where found or treated of in Consolidated Statutes, An Act respecting pees oaths of office and other matters. An Act to establish a county court in the province of Manitoba and for other purposes An Act respecting affidavits taken outside the Pro- vince to be used therein, and for other purposes. An Act dividing the county of Marquette for court and registration purposes. An Act respecting the registration of voters. An Act to amend the Act regulating electoral divi- sions. An Act to establish a consolidated 1evenue fund for the Province of Manitoba. An Act respecting the publication of an official gazette. An Act respecting registers of marriages, baptisms and burials, and vital statistics in the Province of Manitoba. An Act providing for the appointment of public notaries. An Act to permit administrators to dispose of pro-|_ perty in their care to better advantage. An Act to provide for the holding of land on be- half of congregations of churches, by trustees. An Act to authorize debtors to make legal tender in certain cases. An Act to amend the Act concerning the registra- tion of deeds and to introduce a better system of registration. An Act respecting arrest and imprisonment for debt. An Act to amend cap. 15, Vic. 35, of the statutes of Manitoba, intituled: “An Act for the establish- ment of agricultural and arboricultural socie- : ties in Manitoba. A bill, mtituled: “An Act to make provision for in- quiries concerning public matters.” An Act to amend the Act to establish a system of education in this Province. An Act to secure purchasers of real estate in certain vases. An Act respecting municipalities. An Act to amend the Act relating to travelling on highways. An Act for the purpose of marking ice holes in the Red and Assiniboine Rivers. \ 425—441 447 —564 122—124 » 12— 14 22— 30 20— 22 130 124—126 359—365 122 657—658 664—667 Unservice- able notcon- solidated. 708—7382 605—607 252—258 126 757—789 Obsolete. 799—828 351—352 854—355 SCHEDULE A,—-ACTS REPEALED, $43 TITLE OF ACT er ieated of in 7 : Consolidated Statutes. 27 |An Act to encourage the planting of trees upon the highways and elsewhere in this Province, and to give the right of property in such trees to the owners of the soil adjacent to such high- . way. 358—B54 28 |An Act for the protection of sheep. 385—386 29 |An Act to amend the Acts, 34 Victoria, caps. 20 and 25, and to regulate the sale of intoxicating liquors and the granting of licenses in this Province. 134—159 30 jAn Act to amend 34 Vic., cap. 23, intituled : “An Act in reference to certain animals going at large at certain seasons.” 375—376 31‘|An Act to establish liens in favor of mechanics, . machinists and others. 679-—685 41 jAn Act to provide for defraying certain expenses of the civil government of this Province. Obsolete. 42 |An Act to impose a tax on wild lands. Obsolete. 44 |The half-breed land grant protection Act. 6389—642 % 37-8 VICT., 1873-4. 1873-4 1873-4. 37-8 Vic., Chap. 1 j|An Act to amend the Acts relating to the court of Queen’s Bench. 428—441 2 |An Act for the enlargement of. the boundaries of Manitoba on equitable terms. 10— 12 3 |An Act to amend an Act intituled : “An Act respect- ing municipalities.” 799—828 4 jAn Act to amend an Act respecting the: office of speaker of the legislative assembly. 95— 96 5 |An Act to provide for a fairand equitable re-distri- bution of the electoral divisions of the Pro- vince of Manitoba. 20— 22 6 |An Act to amend the 36 Vic. cap. 6, of the statutes of Manitoba. 447—5 64 8 |An Act to provide fo: a fair and equitable re-distri- bution of the e'.-toral divisions of the Pro- vinee. 20— 22 9 ‘An Act to amend the Act for the registration of voters. 29 30 10 |An Act better to define the boundaries of the sev- eral counties of the Province tor judigial and registration purposes. 12— 14 844 SCHEDULE A.—ACTS REPEALED. Where found TITLE OF ACT. ea hohe 2 in Statutes. 11 jAn Act respecting the treasury department and the public revenue, expenditure and accounts.| 407—416 12 |An Act respecting the court of Queen’s Bench in Manitoba. * 428—441 13 |An Act to amend the 36 Vic., cap. 6, of the statu- tes of Manitoba, intituled: “An Act to establish a county court in the Province of Manitoba, and for other purposes. 447 —564 14 |An Act respecting the registration of co-partner- ships. 366—373 15 {An Act to require certain foreign corporations, as- sociations and co-partnerships to register with- in this Province. 425—427 16 j|An Act to abolish dual representation. Too—101 17 |An Act respecting mortgages and sales of personal property. : 660—664 18 |An Act to amend the 34 Vic., cap. 8, intituled: “An Act relating to deeds by married women.” 829—833 19 |An Act to amend the Act of 1873, to regulate the sale and traffic of intoxicating liquors. 135—159 24 |An Act for grantmg to Her Majesty certain sums, etc, Obsolete. 38 VICT., 1875. 1875 1875 38 Vict., Chap. 1 |Au Act to make better provision for the trial of controverted elections of members of the legis- lative assembly of the Province of Manitoba; 75— 94 2 |An Act respecting the election of members of the legislative assembly of the Province of Mani-|. / toba. 30— 73 3 |An Act relating to the vacating of seats in the le- gislative assembly. Obsolete. 4 |An Act for further securing the independence of the legislature. 96— 97 5 |An Act respecting the administration of justice. 586—617 G |An Act respecting grand jurors. 566—584 7 |An Act to provide for the payment by stamps of all fees payable to the crown on civil proceed- ings of law. | 131—134 8 jAn Act respecting the office of sheritt. 115—120 § |An Act respecting the qualification of justices of the peace. 111—115 10 |An Act respecting overholding tenants. 685—689 SCHEDULE A.—ACTS REPEALED. 845 TITLE OF ACT. Where found or treated of in Consolidated Statutes. 11 |An Act to make debts and choses in action assign- able at law. 613—614 12 jAn Act to regulate proceedings against and by, the|. crown Disallowed. 13 |An Act respecting crown attorneys. 120—122 14 {An Act respecting short forms of indentures. 732—757 15 |To secure to wives and children the benefit of assu- rances on the lives of their husbands and _ pa- rents. 833—837 16 |An act to provide for the erection of court houses and registry offices in the Province of Mani- toba. * 333—334 17 |An Act to provide for the erection of suitable build- ings for the accommodation of the Court of Queen’s Bench in Manitoba, and for other pur- poses. ‘ 416—418 18 |An Act respecting estreats, fines, penalties and for- feitures. Disallowed, 19 |An Act respecting public aid towards the erection and maintenance of public works by county : municipalities. 335—336 20 |An Act respecting the storage of gunpowder in and near the incorporated towns and villages in this Province. 395—398 21 jAn Act respecting building societies. 244—252 22 |An Act to make provision for the custody of insane persons. 695—706 23 |An Act to repeal and amend ceitain Acts and en- actments herein mentioned. In the gen- eral repeal, it is not im- portant! to 24 25 26 27 28 29 30 An Act respecting boundary liaes and fences. An Act respecting separate rights of property ot married women. . An Act to amend the Act intituled: “An Act for the protection of the wooded lands of the Province.” An Act further to amend the Act to establish a system of education in this Province. An Act respecting the incorporation of joint stock companies by letters patent. An Act respecting gaols. An Act to amend the Act of 1873 to regulate the sale and traffic of intoxicating liquors. refer to the repealed or amended Acts. 399-—402 829—833 389—391 218—232 119—120 134—159 846 a SCHEDULE A.—ACTS REPEALED, TiTLi OF ACT. Where found or treated of in Consolid: Statutes. 31 |An Act respecting municipalities. 799—828 32 |An Act to amend the Act, 34 Vic., cap.30,intituled : “ An Act, concerning stray- animals.” 376—378 33 |An Act to afford facilities for the construction of a bridge over the Assiniboine River, between the City of Winnipeg and St. Boniface West. Disallowed. 34 {An Act to enable a ferry worked by steam power to be established between the City of Winni- peg and St. Bonitace. : 1683—166 35 |An Act, to amend the registry Act. 708—732 36 |An Act for the protection of ferries. 163—166 37 |An Act to amend Cap. 44, Vict. 37, intituled : “The half-breed land grand protection Act.” 639—642 38 |An Act respecting the rates of notices published in the Manitoba Gazette. 124—125 39 |An Act to amend the Act respecting the registers of marriages, baptisms, burials and vital ste- tistics in the Province of Manitoba. 359—366 40 |An Act respecting limited partnerships. ' 369—373 41 |An Act respecting county municipalities. 799—828 42 |An Act to amend the Act of the present session in- tituled: “An Act respecting municipalities.”| 799—828 43 |An Act to amend cap. 31 of the statutes of Mani- toba, intituled: “An Act to establish liens in) ' favor of mechanics, machinists and others.” 679—685 48 |An Act to incorporate the Winnipeg General Hos- pital. 402—4.06 52 |An Act for granting to Her Majesty certain sums of money for defraying certain expenses of the civil government, etc. Obsolete. 39 VICT., 1876. 1876 | , 1876. 39 Vict., ‘Chap. 1 j|An Act to amend the School Acts of Manitoba, so as to meet the special requirements of incor- porated cities and towns. 757—789 2 |An Act respecting the practice in courts. 434—4.4], 53 |An Act respecting jurors and juries. 566—588 4 |An Act respecting the appointment of police magis- trates and officers. 109—111 5 |An Act to provide for the appointment of a fire commissioner for the cities and towns in Manitoba, and to define his powers and duties.| 126—128 6 |An Act respecting personal estates of small value! 655—658 SCHEDULE A.—ACTS REPEALED, 847 TITLE OF ACT, Where found or treated of in Consolidated Statutes. “TI 10 11 12 13 14 15 16 17 18 An Act to amend Vic. 38, cap. 48, of the statutes of An Act to make better provision for the securing of order at municipal elections and for other purposes. An Act to provide for the incorporation of mutual fire insurance companies in the Province of| Manitoba. An Act respecting the public works of Manitoba. An Act concerning the opening of certain public roads. An Act respecting the bureau of agriculture and statistics. An Act respecting the legislative assembly. An Act to amend cap. 2,38 Vic, intituled: “An Act: respecting the election of members of the legislative assembly of Manitoba.” An Act to confirm and amend the Act 38 Vic., cap. 26, An Act to amend “An Act respecting county municipalities.” An Act to ainend an Act, intituled: “An Act respect- ing municipalities.” An Act to amend 35 Vict., cap..15; intituled: “An Act for the establishment of agricultural and arboricultural societies in Manitoba.” An Act to amend cap. 20, Vict. 36, of the statutes of Manitoba, intituled : “An Act for the estab- lishment of agricultural and arboricultural so- cieties in Manitoba.” An Act to prevent breachy animals running at large. An Act to amend 36 Vict., cap. 30, and 34 Vict. cap. 23, in reference to certain animals going at large at certain seasons of the year. An Act to ainend 38 Victoria, cap. 24, it being an Act respecting boundary line fences. (An Act to amend the Act of 1873, to establish liens in favor of mechanics, machinists and others. An Act respecting the registration, of mortgages to the crown for advances of provisions and seed grain. An Act for the protection of game in the Province _ of Manitoba. Manitoba, intituled : “An Act to incoiporate the -|An Act for granting to Her Majesty certain sums Winnipeg General Hospital.” of money required for defraying certain ex- penses of the civil government, &e. 779-828 170—185 322—533 342—343 357 —358 95—105 30— 73 389—391 799—828 799—828 252258 + 252958 373—379 375—376 399—402 679—685 659—660 386-384 402—406 Obsolete. 848 SCHEDLUE A.—ACTS REPEALED. XN EL TITLE OF ACT. 40 VICT., 1877. Where found or treated of in Consolidated Statutes. 1877 40 Vict., Cap. we eg OF or Oo sTS 22 23 An Act respecting the preservation of the public health. An Act for the definition of the boundaries of the Province. ° An Act to divide the Province of Manitoba into counties. An Act to provide for a fair and equitable re-distri- bution of the electoral divisions of this Pro- vince. Ret An Act to amend the Act passed in the 27th year of Her Majesty’s reign, intituled : “The half- breed land grant protection Act.” An, Act respecting county municipalities. An Act to further amend the Act respecting muni- cipalities. : An Act relating to the performance of statute labor in outer districts. An Act further to amend “The Act to establish a county court in the Province of Manitoba and for other purposes.” An Act respecting marriage licenses. An Act to establish a Provincial university. An Act to amend the Act to establish a system of| education in this Province. An Act respecting the medical profession. An Act respecting the study and practice of the law. . An Act to authorize corporations 4nd other insti- tutions incorporated out of the Province of Manitoba, to lend and invest moneys therein. | An Act’ to amend “ The Manitoba Election Act.” An Act to legalize the lists of the parliamentary electors of 1877 for the city of Winnipeg. An Act to amend the Manitoba jurors Act. An Act respecting the office of Queen’s printer for the Province, and the publishing of the Mant- toba official Gazette. An Act to amend “The treasury department Act.” An Act to give authority to land surveyors to ad- minister oaths. - An Act respecting the rights and liabilities of inn- keepers. An Act respecting lunatics non compos mentis. -~¢ 196—202 10— 12 12— 14 20— 22 639—642 799-828 799828 343—B51 447 —564 160—163 790-—798 759-—789 211217 232248 325-427 30— 73 567—584 124126 406-—A15 373 —694 690--692 643—650 ex SCHEDULE A.—ACTS REPEALED. 849 TITLE OF ACT. 24 26 27 28 29 30 31 32 33 34 36 37 38 39 40 46 48 An Act respecting innoculation and vaccination. An Act to provide for the incorporation of charit- able, benevolent and saving associations. An Act respecting apprentices and minors. An Act to amend “The mechanics’ lien Act of 1877.” An Act to amend the Act respecting mortgages and the sale of personal property, with other amendments. An Act tu prevent accidents and facilitate the - egress from public buildings. An Act respecting companies for the establish- ment of cemeteries in Manitoba. An Act respecting conveyances to trustees for burial places. An Act respecting interments and disinterments. An Act to further amend An Act for the establish- ment of agricultural and arboricultural societies in Manitoba. An Act to amend the Acts relating to the sale and traffic of intoxicating liquors, and the granting of licenses in this Province. An Act to amend an Act for the protection of game in the Province of Manitoba. An Act to repeal 34 Victoria, cap. 21, and to make better provision in reference to dogs, An Act to require the owners of threshing and other machines to guard against accidents. An Act to further amend an Act concerning stray animals. ,An Act to amend the Act to prevent breachy ani- mals running at large. An Act in regard to marks and brands of cattle. An Act/to amend and repeal certain enactments of tke two last sessions of the legislature of the Province. An Act to amend certain Acts of the present ses- sion of the legislature. An Act for granting to Her Majesty certain sums of money required for defraying certain ex- penses, etc. Where found or treated of in Consolidated Statutes, 405—406 185—188 6380—636 679—685 660—664 356 188—193 192—193 193—196 252—258 1 34—159 386—389 385 394—395 . 376878 378—379 379—380 Of no importance. do Obsolete. 41 VICT., 1878. 1878 41 Vict., 1878. Chap. 1 'An Act for granting to Her Majesty certain sums 850 SCHEDULE A.—ACTS REPEALED. f TITLE OF ACT. Where found or treated of in Consolidated, _|Statutes. of money required for defraying certain ex- penses, ete. Obsolete. 2 |An Act to amend the Manitoba jurors’ Act. 566—584 4 |An Act to amend the controverted elections Act, 1875. T5— 94 5 |An Act to amend the Manitoba Election Act, 1875. 18— 73 6 |An Act respecting the partition of, and sale of real estate, in the Province of Manitoba. 618—624 7 jAn Act respecting infants and their estates. 625—630 8 |An Act respecting debtors in close custody; other| than judgment debtors. 611—612 9 |An Act further to amend the registration of titles, Manitoba, Act, 1873. 4 708—732 10 jAn Act respecting service of process and garnish- ment. 438—439 11 j|An Act respecting alimony. 431 12 jAn Act to amend the Manitoba law stamp Act, 1875. 131—134 13 |An Act to create a fund for educational purposes. Obsolete. 14 |An Act to regulate the sale of intoxicating liquors and the granting of licenses in this Province. | 131—159 15 |An Act further to amend an Act respecting regis- ters of marriages, baptisms, burials and vital statistics in the Province of Manitoba. 359—365 16 |An Act to amend the amended school Act. 759—789 17 |An Act to protect private property in certain cases.| 398—399 18 |An Act to amend an Act passed. the 38th year’ of Her Majesty’s reign, intituled: “An Act res- pecling the separate rights of property of mar- ried women.” 829—833 19 j;An Act to amend 36 Victoria, chapter 15,—it being an Act to permit administrators to dispose of property in their care to better advantage. 655—658 20 |An Act to enable certain children of half-breed heads of families to convey their land. U39—642 21 |An Act’ to amend the law society Act. 232—243 22 |An Act relative to ferries in Manitoba. 163—166 23 |An Act relating to the performance of statute labor in outer districts. 343—351 24 |An Act respecting public roads. 337—354 25 |An Act to amend the municipal Act of 1875, inti- tuled: “An Act respecting municipalities.” 799—828 26 |An Act to amend the Act 35 Vict., cap. 15, inti-|, tuled: “An Act for the establishment of agri- cultural and arboricultural societies in Mani- ; toba.” 252—258 27 |An Act to amend the mechanics’ lien Act of 1877.) 679—685 28 |An Act to prevent the extension of prairie fires. 389—391 29:|An Act to protect native cattle from disease. 382—383 SCHEDULE A.--ACTS REPEALKD. 851 pions di ‘ Where found TITLE OF ACT. a ae Statutes. 30 [An Act concerning drovers and traders. 38+ 31 |An Act to incorporate the pharmaceutical associa- tion of the Province of Manitoba. 2038—211 32 |An Act respecting land surveyors and stivey of}, lands in the Provinee of Manitoba. (93—694 33 |An Act further to amend the Act fii the protection of game in the Province of Manitoba. 386—389 34 ).An Act to encourage the destroying of wolves. 389 36 |An Act to amend 40 Vict., cap. 6, intituled “An Act respecting county municipalities.” 739—828 37 |An Act to amend the Act: respecting the storage of gunpowder in and near the incorporated towns and villages in this Province. 395—398 42 VICT., 1579. 1879 1s79) 42 Vict, Chap. 1 |County courts Act. 447—564 2 |An Act to establish a system of public schools in the Province of Manitoba. 759—789 3 |Town corporation, general clauses’ Act. 250—321 5 |An Act respecting fees of justices of the peace, and their duties; and indemnity to jurors and criminal witnesses. 667—675 § {An Act respecting the fees of counsel and other officers in the administration of justice, and in other proceedings. 667—675 An Act to amend 40 Viet., cap. 3, intituled “An Act to divide the Province of Manitoba into counties,” 12— 15 8 |An Act to amend the registration of titles (Mani- toba) Act, and the “Act amending the same, “I being 38 Viets , cap. 35. 708—732 10 {An Act for the protection of game in the Province of Manitoba. 3865—389 11 [An Act to amend the Act intituled: “An Act to enable certain children of half-breed heads of families to convey their lands.” 639—642 12 |An Act respecting grand and petit Jurors and juries, : and to amend the Manitoba jurors Act. 567—584 13 |An Act to amend the Act respecting the qualifica- tion of justices of the peace. 111—115 1+ |An Act to amend 40 Victoria, cap. 6, intituled: “An Act respecting county municipalities.” 799—828 852 SCHEDULE A.—ACTS REPEALED. — — TITLE OF ACT. Where found or treated of in Consolidated Statutes. 15 jAn Act to amend an Act respecting the study and, practice of the law. 232—243 17 |An Act to amend 36 ‘Vic., cap. 13, intituled “An Act respecting registers of marriages, baptisms, burials, and vital statistics and the amended Act thereto, 38 Vict., cap. 38.” 359—366 18 jAn Act to provide an equitable re-distribution of electoral divisions for the legislative assembly of the Province of Manitoba. 20— 22 19 |An Act to amend the Act to regulate the sale of intoxicating liquors and granting of licenses in this Province. 134—159 21 |An Act to provide for the holding of a court of assize at Portage la Prairie. 443—445 22 |An Act to amend an Act respecting statute labor in municipalities. 343—351 23 |An Act for the better maintenance of the Provin- cial agricultural and industrial society of : Manitoba. 252—258 27 |An Act to amend an Act intituled: “An Act res- pecting infants and their estates.” 625—630 28 jAn Act to amend the public roads Act, 1878. 337—354 29 j|An Act respecting animals running at large. 5/74—389 30 |An Act respecting infectious and contagious dis- eases of domestic animals. 675—679 31 |An Act to amend an Act respecting the indemnity to members of the legislature. 98—100 32 /An Act to amend 41 Vict., cap. 34. : 389 34 |An Act to amend 39 Vic., cap. 10, intitvled: “An Act concerning the opening of, certain public roads.” 337—354 35 |An Act to amend 39 Vic, cap. 20, in reference to certain animals going at large at certain seasons of the year. 374— 389 36 !An Act to amend cap. 1, 38 Vic. 75— 94 37 |An Act for granting to Her Majesty certain sums of money required for defraying the expenses of| the civil government, &c. Obsolete. : 43 VICT., 1880. 1880 . 1880 43 Vict., — Chap. 1 |An Act respecting municipalities. 799-—823 2 |An Act respecting drainage. 418—425 . Lhe tet , SCHEDULE A.—ACTS REPEALED. 853 TITLE OF ACT. oe 10 11 12 13 14 15 17 18 19 20 21 22 23 An Act'to further amend the registration of titles (Manitoba) Act. An Act to amend cap. 4, 38 Vict., intituled: “An Act for further securing the independence of the legislature.” An Act to amend the Manitoba controverted elec- tions, 1875. An Act respecting coroners and comiissioners in B. R., ete. An Act to amend the Manitoba jurors Act. An Act to amend the Act, intituled: “An Act to provide for the holding of a court of assize at Portage la Prairie.” An Act to amend 42 Vie. cap. 18, intituled: “An Act to provide an equitable re-distribution of the electoral divisions for the legislative as- sembly of the Province of Manitoba.” An Act to amend an Act to divide the Province of Manitoba into counties. An Act respecting interpleading. An Act to amend an Act respecting the study and practice of the law. An Act to enable executors and administrators to transfer and release mortgages. An Act to amend cap. 17, 42 & 43 Vic., intituled : “An Act to amend 36 Vic., cap. 13, intituled : ‘An Act respecting registers of marriages, bap- ‘ tisms, burials and other statistics, and the amended Acts thereto, 38 Vic. Cap. 38.” An Act respecting line fences. An Act respecting herding animals. An Act to amend cap. 30, 41 Vic., tntituled: “ An Act concerning drovers and traders.” An Act to amend 41 Vic., cap. 10, intituled: “An Act for the protection of game in the Province of Manitoba. ” An Act to amend the Act, cap. 15, Vie. 40, inti- tuled : “An Act to authorize corporations and other institutions, incorporated out of the Pro- vince of Manitoba, to loan and invest moneys: therein.” An Act to authorize the withdrawal of the capital of the Province with the government of Can- ada. Members’ indemnity Act. An Boo amend the joint stock companies Act, 1875. ‘ An Act to amend 41 Vic., cap. 14, respecting the Where found or treated of in licenses for sale of liquor. Consolidated. Statutes. 708—732 96— 97 75— 94 f 565—566 (111—115 567—584 443—445 20— 2 12— 15 599—605 232—243 655—658 359—365 399—402 380—382 384—385 380—389 425—497 424-425 98—100 218S— 232 134—159 854 SCHEDULE A.—-ACTS REPEALED. ae enemas An Act to interdict certain persons from the use of intoxicating liquors. An Act for the establishment of agricultural elec- toral division societies. An Act to amend 42 Vic., cap. 2, intituled : “ The Manitoba school Act.” An Act to amend an Act passed during the present session, intituled: “An Act to amend 42 Vic., cap. 2, intituled : ‘The Manitoba school Act.’” An Act to afhend the Provincial University Act of 1877. Where found TITLE OF ACT, or treated of in Consolidated Statutes.+ 145—159 254258 759—789 759—789 790—798 ILNDEX TO THE CONSOLIDATED STATUTES. A. PAGE, ABATEMENT. See Cownty Court.......ceccccceccceeccsenceneeseueeeeeeserssaceeserseeesnens 472 “ Controverted Elections ........0ccccccsscceceeeeceeseusueeeeuereseneees 88 ABDUCTION at Elections. See Legislative Assembly.......ccccsecccccseescueecsseeeeees 50 ABSCONDING DEBTORS. See Administration of Justice.....ccccccccccceceeesenes 589 ACCIDENTS AT BUILDINGS— Doors of public buildings to open outwards........... Buildings may be closed if used in violation of Act “The Public Building Accident Act,’ Act may be cited as ACCOUNT. “See: County’ Cort casinasiccresciiscaulenuaigee cies ie taandeasuvuuecoesaueaeneed ACTION. See: County: Court sieseccncausa cssizazes tvuntacabawsaraesiaecaaseateasedtes insists CHOSES IN. See Choses in Action, etc.. ADJOURNMENT. See County Court........ccccccceecececccsscceennceeeceesezeceueeees ADMINISTRATION OF JUSTICE— ATTACHMENT, Property, what may be attached........... Iaeseaid ois estalhalts conteagiiaae diasthajeuioamiias * 589 When attachment may issue in certain cases. ; ee “Debtor,” what the word to include re “ Creditor, 70 be “ce Attachment, when to issue ........... Affidavit, what it shall state 590 e To show, if possible, where defendant is, and whether a corpora- tion, and where head office 18 ..........ccceececeeeseeseecseeeeceeeseeee ss Proceedings to obtain WYit...........cccccseesceesssesscpeeseccseseeeeccesaeaeeeens 591 Attachment; LOTTO L sac csscesaececheaesniaas she soinacaniienncds dabbanscecaungecaratilad x Date of writ, how long to be in force, and its renewal........ 592 When to issue in duplicate sae se To be personally served.........seeeeseeceeesereees ee Proceedings when defendant cannot be found........... sce eeeeseeeeees a Judgment, what plaintiff must prove before he obtains..............0000. ef Execution, not to issue until certain affidavit is made ...... etek adic ireaaos 593 HOW! CMO OFSCChstisist Siaswstatviccncansvende uses nb vasuandesGehadaucanseans saneiices Z Writs, concurrent or duplicate, when to be ISGWEM occ rss ceeds veneers ave re Defendant may be let in to defend in certain cases .............cececeeeees sé Appearance, effect of......... octal lep aise abies visconti Fuad arora cna sae Gewnaw ane “ After, defendant may have property restored in certain cases...... s PPOUSO % 0 sania ascvdinvateacied sen sete: he deewisstea vaste . et Attachment, what may be seized under... a Sheriff's duty on receiving WYit Of... scceeeeeeeeeeseeees .. 594 Perishable property, proceedings a8 tO.......sccsesecceesesseeeteeeeeeceens exe a Appraisement and bond .........sccsseccssceeeseeeeeseteereeeeeeeeeees Be 6 If plaintiff does not furnish bond, duty of sheriff Proceeds in hands of inferior officer may be taken by sherif, and how dealt with by him ........ pligsighvseiiwtigy velvet salnanisstranrestaes: ae" Inventory, one sufficient. ospinie ua otras on eaireaneslte Bee NaUMbA NAH tis sin dren deadasicncrs 595 55 856 INDEX. Attachment, imprcperly issued, recourse of defendant...... jeterensnese ones Where cause proceeding, before issue of, steps to be taken......... Judgment, fraudulent, may be set ASIC Ge (cnc caidains aacselsslncgt cavewtvannspsees Attachment, notice of, to person owing defendant, effect of... sere Debtors of debtors, duties of, in case of attachment, 5 sisand sab caso bop eueianbs When proceedings may be taken seat in case of property prov- ing inewfficient. to satisfy plaintiff... £4 ¢ eeeeeresnseeeeeveoedes May be sued......... scdoldlore eae povaeeaetiarr Reo Form of declaration.....0.......cseeseeseseeeres reseseeseeeneussesees Sheriff not bound to bring action until indemnified... x sanawese’ Action not to abatescassisccccvsinnesnaes veeesubecaresstusayaevisiheccsseudes € one When several attaching creditors, proceeds of property in sheriff *g . hands to be distributed rateakt , and judge may give time to obtain judgment co.cc eesacin sae decisurs DOG COMMISSIONERS TO ENQUIRE INTO PUBLIC MATTERS... sxeseeem 126 UDR Bites cia vecceiecr iets atta eeiata na alors oes vide nencamenc te eee erates ncorede sae eats 6 a FOR TAKING AFFIDAVITS AND Bee ANCES.. 122 COMMONS, House of, representation of Manitoba in...... wacsteweeoes KEXIX COMPANIES, INCORPORATION OF, AND oun POWERS.— _ Division’ AGRICULTURAL AND ARBORICULTURAL SOCIETIES—ORGANIZATION, “THE PROVINCIAL AGRICULTURAL AND ISBUsTAtAL Socrery or Mant- TOBA,” to consist OL WHOM ..c.encegecsesssneedsacsncaaanes cesta de eens 252 Objects Gi pick watiia orto ina ch cya bennias sina iss se Annual mecting Of........00:0ssresunesues ceiieesend « Soassaseeentecaxsesebeannts 6 ts Report of, at, to contain certain information-............:ceeeeeeeeee 253 Namie: Of. s.csussiadiranss Jeapasunestrasrieneundoeres 5 # Affairs of, how to be managed.........- paeeanleiaaa pinata a = Treasurer may or may not be a member of council.................-. es ee Secretary, treasurer, and two auditors to be appointed................- nes 6 Term of office of council and officers..... ic. ceseeceee ce te teen ee eeeeeeere ees ef POU wcdeven crite sess sentient sean eeaeees aaskes ytekneaceeeamdde ate es Exhibition, when to be helds..... co... cccceecece ee reesececescuseeneseeswesenees 254 County exhibition, where not to be held ts s Grant from public funds, what shall be.............0.::ccceceeeeeeeeee eee teeees PROVO rcxwcssts, deeseesavbaneseslaceyerk ohaesce yn ennicaies selessiasbaniels capes Sies2 ‘e i effect. of ys y to be furnished to Minister of Agriculture . ELECTORAL Pee Socterizs, Society may be formed in each electoral GIVIRION vigecorauday seni aneuceaoetes 5 ~ How organized ........cseeceseceeeteteseesteneenecectenee s seeteepperee enenetaes es Declaration to be transmitted to Minister of Agriculture cicesxumane 255 OD) GCt810 Pisa cncsicasniasesscns desmuninsa savesuenauraentuntahd sansetuewsaxvrageesesnes a First meeting, how'to be called..........:: cece teeee eee ceenereee a Public notice to be given............ccccceeceteeeee tees a Entitled to Provincial grant.........cceeeeeee ees 6 Meetings, when to be held ...........:ceeeecte esses teeeeeeneeeeeernteee « President and other officers, when to be elected = Meetings, how called..............ceccseccceceeeee teen ee sis 7 Officers and directors, duties of..........:cs:ceeeeseeeeesseeerenee eeeerteeeees 256 Receipts and disbursements, statement of, to be presented annually, which is to be certified and a copy sent to Minister of Agri- PUP! sssairinvosna eeaanseneneanarseedeaneatons saverenravacdin teeadennne = Minister of Agriculture, officers to give information Orrswterss ecscaminctes - Exhibitions, where to be held....... 1... sce lececsesee ete tec eeeeeetecnae eee ae Provincial grant, what amount shall be paid as..........0. 2. sseseeeteeen ee Name of sO cet swcte, tonic wraanesisinceasasdexiars vanersientursinaueatsiemsucrmcueat a © Real estate, society to have power to acquire and dispose of.. & Union of societies may take place =. 257 Present societies to cOntINUC............ 0. ccdeeeeceecceeecaeeeee eeeaeeeteecaeeeeees “ “The Agricultural Act of Manitoba,” sections of division X to be cited, as « Schedule A, referred to on page ON Weiter een #e Dwision IX. Burupine Socretizs, Formation, &c. Declaration to be made, to constitute SOC OEY second sasevecd temmanuane recoedles 244 PULpOse Of BOC eby iris cic. GaiioeaiesdeasovesLinblGeuet sanalenmneanaea ieee Rules to be made for government ..............ccceeseseeeeeeseeeeenee sieeteaamae & Profits, none to be received until amount of shares is realized . 7 Exception sic: scnsiseeiesniscmessicerisaaresceeasceusedevvemescs ae ice sabrlea nein < PowErs—DiREcrors, * Bonus may be Te he cass eae atd cect at Ripe tel a CO & Directors, appointment Of 0.0.0... sees eesseeeeeeeececeseeevensaeaesew eee 245 Minute book of proceedings........:.-1:ccceeeces ceesetescesseceeeteennnees ee Rules, certain particulars in, to bedeclared.........0..c0c:ceeeeceeceeerteeeeee ue Money, Eee OLSPEStR bed sa. Fis co odanspieonewsatens cau aneadaes anseaeeuegees ‘ Rules to be entered in book open for inspection .......... eee eee cece os RuLes AND REGULATIONS, Rules, to be entered and recorded .....c...sssssssessessersseessvesesseeserseeesee 246 870 INDEX, Entry of, to be notice and binding on members.........::cc00e0ee0 . How repealed or MONG COs ets c2s-.c sss achaaivsnetsase Souvvaghesenestteateacatces To specify places of meeting, and powers and duties of members... Officers, appointment of........... a sabe aranie ey ae tua saawane acd neds aapaGauunnurmonsee Certain, to giv e security savionnies a Real estate may be held by society... . Surplus funds may be invested, how. PowERSs AND AUTHORITY, Society to make loans on certain conditions......c.-ecssessssesessesseseeseeees May sell property mortgaged to them, when... May bring actions in corporate name...........0.-- see ee Security, nature of, on which money may be advanced. i Members, who may be.........cc.cccceeecseeeeser® ee ee ACTIONS AND Suits, Actions, what must be alleged in, to gat amie! property......... . Evidence required.......cessccssecssscseseoseeerens esignans laubtoawes ds a Forfeiture, shares, when to be subject COs erereresrcesens Insolvency or death of officer, provisions in case of........... ae Property, all, to be vested in society by corporate name ..............60 . ANNUAL STATEMENT, Liability of Tam ETc sph ea xa agree mde General statement of affairs to be prepared annually by treasurer......... PERMANENT BUILDING SociuriEs, Permanent building societies, provisions of this Act extended to......... Having fulfilled certain conditions, to be building societies within Meaning of this: Actiscsiiscsccvaicedsesiegcersageseodouearaadevedssindses ‘ PoWE’s OF PERMANENT BUILDING SOCIETIES, Permanent building societies may amend rules and by-laws.............+. May borrow money, to what extent.........ssccsecceccsseetsetesteeees Shareholders in, may withdraw, or invest amount of their shares. May loan money on unadvanced shares.........2s:cecereeserteseeeneenees May hold certain real estate...... aia sinspanelseh ada sua cen ma tGamseeecns qoueasee Not bound to seeto execution of trusts to which shares may be SU DOCH secciersesneasaceceusmwmsens aatncas cmacinmedianehauseienevnseedeemmusapees Interpretation clause.. = Aliens, denizens and females, sections in Division IX. extended to...... “ The Building Society Act of Mamitoba,” sections in Division IX. of this chapter to be cited a8............0ccceeeeeeeseeseee scietivnstens duececestoee Division Til. IncoRPORATION OF COMPANIES FOR THE ESTABLISHMENT OF CEMETRIES, AND MATTERS CONNECTED THEREWITH, Company, how formed.............. bid stieaerde udanntannie Sans ateonranene wears eee : hen to become a corporation.......... nes ‘Instrument to be OXOCULCM srs scccscrsaensesccmnenses Instrument, form of .........ccecceeeeeeeesee eee enes Cemetery, to be enclosed...cccsss-ssssssssseseseresees To be kept in repair.........eeececeeseeee ree eee os Drains and sewers to be Made. ...ss.-ssscstsesvsestesseveenrsnte vonseenes Proviso, if offensive matter be allowed to be led into ites etc." Pennalty fOP. ve: cess eceseciscassvenes eainncatina’es onion si eiseie ee eb aincinee 0:0 i” gAditional vemus s+5uaaas vr, ibis es siaiedieele sin Vault, no burial in, under or near chapel, o: or outer Wall....c.c--ccssssece Funerals, proper conduct at, to CNSUTE.........cceeceeeee sete anes oeeeeeeee Poor, graves fOr. ....--ecccsee ese eee Hs Si. 9 eg ase bine, ates arse etalon seater . Taxes, burial sites to be bur LOM: exeiaxs wasassssaremapine a shaciuesataiaaae Sievanen antopsxnsWaneesenee Maciniees - 882 ‘ SERVICE, Each respondent to be served with copy of petition, and copy of recog- TZANCE cect dic Septet deh te cs soih sion se SNRURON ERNE BURNT ame Aiiive He Aes INDEX, es Corrupt practice,” meaning ates “ Rule,” ee a Prescribed;”” & “ Prothonotary,” a “The Speaker,” ae “ Election petition,” “ Holiday or Sunday, performance of an act extended to next ‘day ‘when Me Pals -OM aicar es iiaaccocic, uotenesaaxeiusooasiecnintieewssyucaeageasucsansess Queen’s Bench to have jurisdiction over election petitions and all pro- ceedings relating thereto Cause of action, where held to have arisen........ Election petition to be presented at Winnipeg........ Judge, powers of, interm or vacation, in chambers.. Precedence to be given to proceedings under this Act. Officers of Queen’s Bench, powers of ........:.0.ceseeesseseseeeteeeeeees Judges to make, revoke, or alter rules for execution of this ‘Act . Rules to have same force as the provisions of this Act...... re = Rules, copies of, to be laid before legislative assembly.............-.2++0++ Until rules have been made, the practice in cases of members of House of Commons to be followed.............cccccceseesenecescecaeeseeneeeee PRESENTATION OF THE ELEcTION Prrrrion, Election petition may be presented, by SAR ies sales Grate aleeslcha - Form of petition.....0.0. ..cccececceeceee enero Of what it must complain. By whom signed............ When. presented s. vcccsus ss ta sreveps tenasmcennys ezsees eatods a qertwmeteenemunpereewesrse “When presented, if it charges corrupt practice after the return of elec- POW, nasievncnnvacsosenadon nen datisun nea readgensinntnin slgndeedanstamnaasaarededice ‘Presentation, how made.............scc0ceee0e Security to be given, what, and to ‘whom, ; : Amount of security. sini odalnie Be cahane eSiie lice a Sa chanulnniten palette a pepelowbas ints Presentation, notice of, to ie given in Manitoba Gazette....... ads Respondents, several persons thay be Made.............sccececereseeeeeeete eens ‘ When returning and deputy returning officer may be deemed to be Petition to be tried, notwithstanding acceptance of office of ca bac resignation OF Meath. sieciss ssesecssenasemeneweragess rovensdaae severe Petition to be proceeded with, notwithstanding prorogation or dissolu- tion of legislature......... 1 albviteuipaaunivvssinatans chat eeiaitule nana Make sate Contestation may be carried on by one or more petitioners, though others refuse or neglect to proceed.........scseeeceeesesee teen teeeeee Petitions, prothonotary to keep special register of, shall prepare list, to be called “The Manitoba Contested Elections? List...........+.4 Copy to be kept by prothonotary open for inspection.............0000 Petitions to be enesied together, if more than one relating to the same election, and shall be dealt with as one petition............ Barrister entitled to practice in Province, may act as counsel, attorney OF AGENL.. eee cece eeertee teen ee ees Sd bitg aineraniepsleme sien snaceatintits Judge may extend time for Se ee ee ee If service cannot be personal, judge may appoint other mode Services to be made, as near as may be, similar to service of a writ of SUIMONG seninzsinssigsoatnsenedis'entlcnanu annges dna aunaith eeonentinnintyecionnement Paewenrans OBJECTIONS, Ee ondent may produce preliminary objections, when............02..00. ge to determine them in a summary way......... 8 dabei atamsimacteiaratiina cals (ees on THE Merits, Answer to petition, when i Saeco wad Judge to fix time for trial of petition..........c0cccceeceees TRIAL, Petitions to be tried in order in which they appear on list, “by a judge of Q. B., without jury, ses when a question of law is raised Trial, where to take PlACE...-eeceeceeeeeereeeeseees : Notice of trial to be given..... INDEX. 883 Trial, when not to take place...... a cee va ests ome spasieaneess ebagtesesbs spine ee 81 Clerk to be appointed 82 Adjourn, judge may............ccccscseecceeeeeeeeeeee : ee e Witnesses may be subpoenaed and sworn as at Nisi Prius...... ssues | VEE Judge may compel attendance of..............++ eaibaseatyes - Refusing to attend to be guilty of contempt... snaeseamies « Judge may interrogate... sci ceeceensnneecesesee der eweneeenee eas c Cross-examination Of..........cscseceeeceeceseesereecsaneeteceenn es « Shorthand writer, judge may employ... ath < ‘Costs of, to be costs in cause..............- naire ae & To be sworn by judge............ igs he és . Notes of, to be certified iusscscewzssiavsrsnessenesevevensicausersussavasanecss se Ba Wituess compelled to answer, but no answer to be used against him in COPLALN CASES viii swuisanscesvestensuascatiensecearnsenvuinnossieceandagcesnarsls € To be allowed reasonable expenses...........-ccscccseecsesecsecceeteeeseeee 83 Corrupt practice, charge of, may be gone into, before proof of partici- pation on part of candidate or agent..........:cceccseeseeeeeeee sees & a sg may give evidence of corrupt practice by any other candi- ; BLO cecarmired paar quniensecaauity slootacdennsst sete nnederPtaled ofeeemesels seeaaasals But must first give notice thereof..............ccseceeeecccesceteeeeneeeuees “é May oo witnesses, and produce others on his own be- ALE. hsccnssmotaeiee Sadaiieteu eevee aa aangeiwey via deswdueuanvinbe vases ey 7 . Judge to be received and attended at place where petition is tried as if he were at Nisi Prius, and the expenses thereof shall be deem- ed part of the expenses of providing @ court...........ce eee ef Travelling and other expenses of, to be defrayed out of the costs : Of the tial eiiisiiad views. gules teenseineddsSimeanscs aaheudauenncaaoues sissesits . S Sheriff or his deputy, travelling or other expenses of, in attending judge, or providing a court, to be defrayed out of costs of the TEAL os acaisuiainesie ostuticnnisuecatnensiediteaexecaileanncur sta vaanai wtcaneegdeeeeeenad < Judge, powers of, on trial of petition.................. vb “ Court held by, to be a court of record , EXAMINATION OF PARTIES AND OTHER PERSONS, Parties to petition may be examined by adverse party........-..ccccceeee ‘ ee Thus examined may be examined on his own behalf, touching any matter upon which he has been examined in first itstance...... 84 Other parties interested may be examined in certain cases............ * Explanatory examination of, to be proceeded with immediately after examination-in-chief .............c0seecceaeeeeeee auisb cep emensevecs & Seat, if claimed tor a candidate not party to petition, such candidate may be examined as if he were petitioner “ Examination, before whom to be made ...........ccceeeeeeeeeseeeeeeseeeneerees * Parties may appear by counsel, agent, or attorney,'on notice....... & Cross-examination and re-examination to be conducted as at Nist IPP UUB etna ait itelte cis uilbio tad oe suds ouisleaiaiineamicls neeas a 7 Persons may be summoned by subpena or duces tecum. a “ ‘Party subpeenaed to attend entitled to expenses........... cece eaee er Sheriff, gaoler or other officer to produce prisoner to attend on... “ Forty-eight hours’ notice of, or cross-examination, to be given.,.. Person refusing to, answer, how punished........... 85 Witness objecting to answer on, proceedings on en “ How depositions to be taken on ..............ceeeeeeeeees wale ee Examiner may bring out any special act on........ eee Me And may put down in writing any particular question and answer se Examiner to note objections OM ............eecececeseeeeesnecsectesceecenecse ee Depositions on, to be transmitted to prothonotary at Winnipeg, when copies may be obtained..........0.... 0c ceeceeceseeeeeereees ee Depositions taken on, may be used on trial of petition.......00.00... 86 Propuction or DocumMENTs, Judge may order production of documents 1.0.0.0... eee eeeee ease & n chambers to make such order as of course .... a “ Order for production, how to be served................ - Affidavit on production, form Of...g.........0:: eee Order, neglect of, to be contempt of court ......00.0.0... Inspection allowed on notice ..........: cee ee cee eee se ee tee eee i Non-production, affidavit to show grounds for “ 884 INDEX, And specify documents claimed to be privileged...........00:-csseseees JUDGMENT, J udge to determine at the conclusion of the trial, and certify deter- mination to Speaker... ‘ What he shall report in cases ‘where a a “charge of corrupt practice HAS PCCM MAGE. wa ssiicnecroosuensdaasvseenvavsannind demheniemewnisucterasers To report specially at same time in certain cases........ Special case may be stated under certain circumstances.. Decision of court in such a-case to be finals........eeeeccesseceseteeeees Judge may postpone judgment in certain cases, and reserve questions ABS AEIN G81, PUB a sities tivnssinecith abet ses ct et be cA aloncaswaddenardancuans APPEAL, Appeal may be made from decision of judge on any question of law or LACE -sscieusaiveennareeserowe cas ntuas caissetelhce Manis Bade ob saad vakeiaseermoanmaia bees 87. Deposit to be made on . To be set down by rothonotary for hearing ‘before court of Q B. Judge to fix early da dey for hearing Notice of hearing to be BIVENS hascowtsaunemanseceel qvanamareaemeapisauvanes ces Subject of, may be limited to definite questions... To be heard by Q.B.. Judgment to be pronounced to be judgment of judge from whose decision the appeal is made ............ cece cesseeeesecee cesses ee eeneeee Court to make such order as to costs and return of deposit as to Tb: Tay SEEM J UStis,. cx cnatscadtasacnentadeeus ye radu daaesause euedapdeaen nt Prothonotary to transmit to Speaker the judgment and decision, which shall betfinal 1s os ssosscorsecond wea smencarseentcremune eee todas WITHDRAWAL, ABATEMENT OF PETITIONS AND THE DISCONTINUANCE OF PROCEEDINGS ON THE PaRT OF THE RESPONDENT, Petiion not to be discontinued without leave of judge..............0.055 ea for leave to discontinue, when and how to be made.. Judge may substitute a person in lieu of petitioner w ithdrawing. And may order the security for costs to stand in certain cases.. Substituted pon to give security for costs. To stand in position of original petitioner. . Petitioner withdrawing to pay costs of respondent If more+than one, consent of all to withdraw must be obtained. Petition, if in opinion of judge corruptly withdrawn, he is to report his opinion to the Speaker with cireumstances...........00..-..44 If not proceeded with, judge or court may substitute others as : CUITLON SYS sedenreste tetincnnp Biuic atid Sint neasigeiiicia eeghirvee ansrnincaicR OOM To abate on death of sole or ‘surviving petitioner. .. Abatement not to affect liability to costs.............., dite Abatement, notice of, to be given and published...........-.....00 When abated any person may apply to be substituted as petitioner Judge may substitute on security being given............c6.cceceeee Death of respondent, to be notified ............cecceeeeeseesaeseuaaneeneeseseeees Declaration by legislative assembly that a seat is vacant to be notified. By respondent that he does not intend to oppose petition, to be MOMPED, « assinnsncesseverorecnrieneneaernenimereowess cee wenaiaastorene sade Petition, application may be made to judge to be admitted to oppose. Judge may admit persons, not more ‘than three, to Peysons thus admitted to be liable for costs..... ...... Judge may adjourn proceedings under, in certain ev onts...... Opposition to, when given up, judge of court to report the same to the Sp See apt ese ae ac ene ae Respondent, Fitter giving notice of non-opposition to, not again to APP CAL AMET OL soos savin’ vssuicneaan ued eiates oe cas Wo aiaaayeaiee aecee meaaie panne Respondent not to sit or vote in Depa Assembly until final report on, has been received by islative Assembly..........3. Double return, proceedings when complained of.............-+0++ Duties of speaker in such @ Case......ceeccceec cc ee cess eee eeetee eae seeeae Speaker to report to Legislative Assembly, judgments, reports and PLOCC CAI ON a. ci cieaiiasnraniter’s oo eRET Ne aren qotnalossn eANignduuban asia Resinalns Special report, woe Assembly may make such order as may SECM, POPE, canevisnrecewneaseewaravnteaieveedceeravevaeraine sree etaaee Costs of petition, judges to make tariff of fees to be transmitted to . 86,87, - ‘CO-PARTNERSHIP. See Partnership INDEX, Legislative Assembly........cccccccsseeeceeceee eheseeebeseercctsensetes Expenses and fees of prothonotary, sheriff, his deputy, and other charges of highest class in Q.B. to be exigible in election pro- COCCIN 88 esis sa deesa daxtsemouns slew eens ncnualsousadsceanycawus Inamcntemesaaen's To be paid as directed by judge or court.........-sesseeceseeeeeeisees Proviso, when corrupt practice is proved to have been committed by agent without ene or consent of candidate, costs to berpaid by agent *y.usiscsiecsarssevssnvensdesniieesaanbiecessnnacteaecatee Verse, to be disallowed, and made payable by parties causing WICM aces, tacies cinsiteeseacdsoadiackylaciee Wes aati guia Me@eaee ets sanvanaemtes If awarded against petitioner, statement, with copy, eG etc., to be filed in office of prothonotary gait cagbr snags sien wogeeuoes Recognizance and allocatur, filing of, to be equivalent to signing Judgment, and execution may issve............ccceeeeeeee tee cseeee ete Respondent condemned in, to be levied by writ of execution....... : SCHEDULE, Form mentioned in section 84.......c:ccsccsssssssssssssessesscseesseecesccseseeees CONSTRAINT at Elections. See Legislative Assembly... occ cccecceecec ces CONVEYANCE OF VOTERS. See "Tejisiatios Assembly. fatiibaiees CONVEYANCES, Short form of........... CORONERS. See Public Officers, their duties and their appointment... BOGS fOF wsictcinsx nae aes snae w anntianrsuiccs Sunsseas udu dderdustaubie weulogs Osim pxuOeaveu ease CORPORATIONS, Town, of Manitoba. See Manitoba Town Corporations......... FOREIGN, may invest moneys in Mamnitoba..............0.:c0eeens ‘ CORRUPT PRACTICES at elections. See Legislative Assembly. .....00.. 00. ccceccees COUNCILS, MUNICIPAL. See Manitoba Town Corporations Act.. Meagan ie MPP ini app sacs aan aalatacas cecteres nin so cag stage COUNCIL, LEGISLATIVE, of Province of Manitoba ss iatceuioteemeca ee wea abeuatanae Me EXECUTIV By See cetectaeenehbaaedunsarenuneies COUNSEL FEES IN CRIMINAL MATTERS. See ae to justices, jurors, wit- nesses, counsel, and other Officers ........ceveccessecereceetentseeeeseutees COURT OF QUEEN’S BEN CH. See Queen’s Bench .......ccccccccseceence scenes cans : ASSIZE AND NISI PRIUS. Ibid... ceccececeeeeee cece eeecees : CHANCERY: L0tbssciccetic scttic dpa sat dagtags sit zencbeniig sagas avrg seariies es REVISION. See Mumicipalities .......0.....2cceccecccusectenteetceeseteeusee “ SURROGATE. See Queen’s Bench..........cccccccsecceeeeceseuecsecseceees COURT HOUSE AND LIBRARY. See Accommodation for the Court of Queens $s BONGM Cb rex. tersaimasiccbsaanoninea ops eos via earui ak suinenlads uadcoereannean ade COURT HOUSES and registry oMices, erection Ofijvecsecceevacsescaseaedy or.nectencs “ CREDITOR,” What the word to include : aT NOS STC tai, Mam ON, 5c acdc rca hinetmatinnn ertarac bes xe CONVERSATION. See County Court vdvw agape ducnpea Giese sandaneemeuiey CROWN, DEMISE OF. See Manitoba, Legislature of.........0.ccccccceeccvecec eeceeee Commissions. ‘See Public Officers, ete.......0..2..cccccccceee “ ATTORNEYS i inte aec sented de local ter oeareg votratige tne abot aaa yal mem ERSN she CUSTODY, CLOSE, Enlargement ofdetendart {DOME vases ei ieietciaic ail eaccsoesane 7 OF INFANTS. HCO LMA so. cia ar cuslshiancateaiaeduiedeateiniednananiayonesicunen COUNTY COURT— . ABADEMEND, Sais dinoasiiens siciawe Wiihld celniteg Ae sacbiehiaidalfynldalagiasle dalameaye tauaimnaaeaneletnanie se ACTIONS, What kind and to what extent may bv brought in county court ......... In Queen’s Bench in certain Cases...........cccccesceseessceeeecceseccaessetsacens County court has not jurisdiction in unsettled accounts exceeding $300 May he removed by certiorari into Queen’s Bench ..........0000: cece / Where action in county court may be brought .0............ cece No formal statement of cause of action necessary May be brought on any bonds given in the course of proceedings in county court, whatever the penalty or amount sought to be POCO VETEC shine secsn atest guia centnamannauaabidan oaks wdeuicnman cus eaeiamnite vatewela Several defendants—some not served—some defend and some not ...... Replevin, when it lies, and what may he replevied............ 0c Affidavit before writ isstles.............06. cseccecseeseeceneeseapteesevecsrseeseees No other cause of action to be joimed in -..... ec eeeeecceeecece esse eee eeeee, ‘ Writ not to be served before property or some of it replevied ............ 885 92 93 66 Gc. 50 51 732 366 111 370, 259 426 48 262 289 rf9 670 627 472 453 454 455 & “ 458 496 461 476 ce 477 478 _ 886 = INDEX. How it may be served...........cesecssssssceeseseceteteeseecsesvevececsnsecssssenses 478 In case property is concealed or cannot be found ........ s Return of writ, capias in withernam.......ccceccceceesesees 479 Accounts, In possession of clerk, on office becoming vacant, to te property of GRCABUT ET cstesetice ees acincetenie aires cie sien dunae Suse «chews sven ei wenn ong SU 52 Howto: De dealt with: vas. scivecacwinssevnusinndasedsne sinaeeceawdacneawsaivrneasteswecs re Remedy, when any of the matters aforesaid wrongfully withheld. alae is . Cannot be investigated where unsettled and above ee 455 Action for balance, judgment a full discharge of whole .. ADJOURNMENT, On non-arrival of Jud ge.........ccccecccccecrseeececeseesee seeetrecscassessesegessees 449 Judge may adjourn cause, terMs.......2:cseseeesseeeeseecaeeseseeneeeses 461 Judge may adjourn cause into chambers, etc, ee ADMINISTRATORS AND ExEcuTORS, May sue and be sued in county COUEE scenes vis scat vencibeo saaed es sa tonncy ale gobi 454 Rights and liabilities as litigants in general 491, 492 AFFIDAVITS, ' Of service to be Pees ByiCLeP e asasneais gen osevdan neusuainstenietowabuuanenet . 457 AM TEPLOVIN: sis sssesnties'sensvanerainaslensw es sewouen Ss spec: ATG Tn. attachment...........cccccccenssseenteeeerseneeee Saieheiosineeirs ---.479, 480 Tai BaTDISM ECs spc owastcissarieradaconsve ci wedarawaanenmeacanaee pvecmetesiosss svmarsutnaks a . 483 Before whom may be Gak eM vccnesitsouccsineais sistmamsernnteiirstuaee egestas duadeeoteae 468 ALIAS, Alias, phuries and concurrent WLS irs siidieis coteamtasnoasegauieciuand ccusnenices acai 473 AMENDS, _ Tender of, before or after action...........cccccceeecessee cee eteneeeeeeeeeeeeenenes 500 General issne may be pleaded ...............ccceeeeeeeeceeeneceeceeseeenseeeeaeeees < AMENDMENTS, Tn what cases......0..0scesceseeeesteereeerees sid i ag ce eae igiay carci cermin oaresegline 502 APPEAL, Tei WHat: CAS CS ss vi.scivah sazavesaaneabtdend sais sneuetemperablere date narseendeenue vidasoaweo 500 Within what time application to be made 501 Bond with sureties to be given................ sf Manner and mode of procedure ..............cesccdeeeceeseeucneeceeesesesesseenes ih Appeal book, when to be set down for argument SSaaisididena desiree sewer aey e ARBITRATION, By consent and without consent of parties.........c0.ccccccecseceeeeeeeteeees - 467 Award, effect Of.........cccecseceeesesencnsenseseneneeneenenes i Duty oe GU sd A ett eh lage i etc tas e Reference or submissions may be revoked............. se Arbitrators may administer oath to witnesses, etc 468 ARREST, Bailiff may arrest in certain cases without warrant................ccc cesses 498 ATTACHMENT, o! When writ TAY WSSU Mss.cfscacecccenacnrastedauanigs saavane ooecnoban guaeheanecescetuiane 479 What may be seized under WYit..........ccceceeeeeeere cee May issue before or after action...............seeeeerre 480 Affidavit NCCOESSATY vee seeieeseeeeeeey teeters 479 Cause of action should not be divided....... 480 Duty of bailiff under writ of attachment... 479 ' Retutn Of Wits .csisc.sseies scteagesverve veamaees 480 Service of writ, how made.............--0.065 “ Several attachments, rateable distribution 481 Time within which subsequent attachments to issue i When action commenced by attachment, plaintiff must prove his claim, as though general issue pleaded sasstec aioaulhe saeeeess eeReaNNtaeES e Property attached to be handed over to clerk ee Debtor may give bond ..........cscceesseseeeneeeeceeeeeeeseese ee teneeeceuseeneaeenee oy Bond to operate as supersedeas to attachment : &“ When property attached may be sold-***+.......eeeeeeseeeeeee erste teees 480 Where an action has been commenced ly “special summons” and it has been personally served, plaintiff may prowwed to judgment and execution in the ustial Way.........ecccceec cesses eeetacsseeseseeeeeres 481 Bailiff in any case of attachment or execution may take the common Receipt Bond arnatvacssnveraitsy siestivesiiasinanpateinestiensganetusneaisn 482 INDEX. 887 Attachment issued without proper cause.......cccccceecerrereetscrettetteneeees 482 Perishable property, cattle, etc., may be sold immediately without ay i" DONG iaiessssaarecemiuceosuses wedrecanades wateuedemnsevceadaascatines Residue of property or money, if any, how disposed of... on Duty of. bailiff and clerk on attachments........ccsseceeseceseeeeeeeeens ATTORNEY, Cannot be clerk or bailiff.........ccecccsscessessesssessesssecsesseeseeseeseeves Bal.irF, How appointed.........cccccsesseceneeenteeees siesta Ries Chater eh vested ee To give security.........cccce wo Effect and object of security............. s Remedy on security, and for what..........0.0008 - 450 How bailiffs are to be paid... ice ui) SEE Fees to bailiffs on execution........ 453 Neglect to return process, no fees... sats zs . Duty of clerk in such case............c:cecceeceeseceeeneeeee a Bailiff to serve all summonses and to execute all writs and all and OVELY PLO CESS eas cassie spanevna leineentenuscenntnans veweuss nidsianieuaeucsavn ease 457 Not to charge mileage beyond limits of division ....s.ccs0seseee- Bead tL Penalty for connivance, neglect or omission in executing execution.. 473, Mode of proceeding against bailiffs for intromission...... eitidutginetetasers 474 If process not returned as required by law, no fees allowed..... . 453 Penalty for neglect or omission to return writ for three days... . 474 How penalties against bailiffs enforced... sevanuaepomatcetaredacs wap oe What bailiffs may do under execution...... apaplaeaincises - Equity of redemption in personal property may be sold......0.....000006- ss Money, bills, notes, cheques, books of account, etc., may be seized and sold, or otherwise dealt with.............00 sighahieonusles an necnstsise e Bailiffs to take bond in Pe plOViNecessiscasacesssaweksaurdannerecseresesceaderpect “ALL Writ to be served, but not before property or some of itis replevied... 478 In case property concealed or cannot be found, bailiffs miay break open GOOTS ecu stiemtetan eneusecapAieveeceents Return of writ of replevin.......s eee eee Capias in withernam, when it may issue.. Attachment, duty of bailiffs under writ. Garnishment, Cnty, GE at liffis AM j cocci case coyessuns cvoncdeananeondanencabaietes Claims to property, seized under execution or abinchmient; what hailifts are to do in such cases......../..,..006 Sa terumnviabasshedeeraanearaceens 488 Bailiffs must-forthwith interplead............:::0seeseeseeeseeee asters ee ee wees Landlord’s claim for rent, how bailiffs are to deal with and dispose of Pi hia, Sam 6 os deh casge ec cane shac sere oa eat cee ere ete 490 Special duties of bailiffs and other persons charged with executing writs ANG SEVVINE PTO CESS cacce:. ene sensesesasicece sed sisne tei thnatseneesel 497 Sittings of courts, bailiffs shall attend, and act as constables, keep order, . CLG oaclcins Sniaie seen signsauasonaw esas snaeeonsntaapiauetevnnsstoniugmanen ipa des Penalty on offenders in court or to the officers of the court, may arrest : WITH Ut WATTAM bisedccateess vysGueaed acne be seuceae qeneumesaeatsaieuvasbade 398 BaRRISTER, May be appointed deputy judge......... inehie CSieistig water een, taadanixe 448 Powers of : eh & When may be appointed Petia otaeins Becatet omits HS Eis a kta doe ce Notice of appointment to whom to be given...... tivteseeeee. 449 Barrister or attorney cannot be clerk or PUM such ci Beiisekebsons dee. < BaLance OF ACCOUNT, Judgment, for a discharge Of ACCOUNT csnsencacciecmenesiaparcdanmates benactabeess 455 Balance of account cannot be recovered in county court, where the whole account is unsettled and exceeds $300.........00.:eeeeee eee 454 Booxs to BE Kept py CLERKS, In which shall be entered certain matters.....0..ccccccceecceee ee eee neeeeeees 451 To be-open to IMspectiON. cececacs viesnees ceavesisesdereesnnevessae ereacees ba é Docket of procedure bOOK............sssseescee neeccesceasenecteseeeseseesoegeeeaee fre On vacation of office of clerks to whom the custody of books shall be- LOU Gs apacainsiey de salons ale auat a hein elaine se ve ph gdaules crime vinemlagauwalsieumn Vatecus 452 Remedy for recovery of possession of same.. eee withheld by anyone, remedy..........0:cceeeeeeseeeeeeeeteeeerees se 888 INDEX. Booxs or Account, May be received in evidence, when aedigaleacpacienn teeta otited a etonne Megeeh oN uae 465 May be seized under execution or attachment 474 Brqvgst, Drviss, ETc., County court has not jurisdiction if disputed... cee cee 458 Bonn, REcEIPT, To be always taken on seizure ee bailiff if sa Ricotta sa nanlagean eee 482 Bond in replevin... a3 uf becaueiaaeier enema 477 Bonds in attachment... Fajat olga nws nausea ue vals alee oleltgeSvicnas narwdammn wuenuones 481, 482 Bonds given in proceedings under Act may be sued in county court, whatever the penalty or amount sought to be recovered...:... 496. BREACH OF PROMISE, © Actions on or for, not within county court jurisdiction.........00..00..0. 453 Capias in Withernam, "WiHenami dy Iss ie fsifuesing sarde ua ccene ee Sznained dai amcevsiesinmuissies mould geureens ay Hee 479: CausE oF ACTION, Shall Mot He Aivided 2. sce sees sash sasnnenacle donnboedonbiesnsnonsa bares sdcnntecieoitnia 454 If unsettled account exceeding $300, no jurisdiction......... fipesaghaiberars He No formal statement of cause of action necessary ........-.ssccessecceereeees 458 In what cases judgment by default may be signed by clerk, and when... ee Certrorari, In a proper case action may be removed hy, into the court of Queen’s BODCH oi esccstevionclssuieniiettartict Wye cietdamainaserdaaslerencdavederPen eee eR aie 455 CHARGES AND FEEs, Thy General se vis sausee a nenactnasoeuavan ving arene Ueereiwenssareuy “suadueseienavaseasiin Table of fees to be posted in office of slerk, Remedy for Overcharges...s.c.ccceiesvasnenswsevie ernie dsiewes veniaceiiecesannnene slennd CERTIFICATES OF a gee Registration, effect Oficeswcsessusweenveeisevas vers es eiersenvemn cee ATB CHEQUES, _ Bills, notes, etc., may be seized, how dealt with....... 2.00... 474 CLERK, A derk: for’ every COUP: csvens.diss viasscgcabearvernestia tse caanadh soon neces Mogi 449 Not to be a barrister, attorney or solicitor... To give security, manner and form of.......... Purpose and object of security What available for... eee eeeseseeeesneseeeneeeeneen teeeeeeenaneeenceeneeenees 450 Clerk to issue all summonses, warrants, precepts, etc......... sacweceos. “401 Other duties, as entering all proceedings in proper books.. 450 Other duties, as making returns and statement of moneys. 451 When process is to be served or executed out of judicial division, what , Clerk Ys\ tor dO iisccosincssdaeo cic cust sacmeanwarsruaipebeduee s daghersymees Hacer 456 When demand or claim is furnished him, what he is to do. cadres es oe - Clerk or bailiff may sue or be sued in any court.........seeeeeeee tees 458 Judgment by default, when clerk may sign and manner of doing it.. And after six days may isste execution. ............seeeceeeeseeeeee ete eeeeneee 459 Payment of money into court, duty of clerk.........ccccceeceeeesee sc teeeeeees 462 Replevin, duty of clerk in......... ees ee eeee nes ceneeaeeenes pcarnaaaees 476, 481 Attachment, duty of clerk in....... “hit snsdapins ds paste odeuemslolnamemeaneewats 481, 483 Garnishment, duty of clerk in...... agin vs cist iTS . 483, 489 Interpleader, duty of clerk in . idee hanes tle palainabe nea oaterecman eres 488, 489 Special injunction to clerks, bailiffs, a eo a 497 CuaIm on Drmanp, Particulars of, to be furnished clerk.......cccccsses0 sesesseecstssecsseseeeseseeees 450 No formal statement necessary What clerk shall then do. ......cccccceeesseteeeeer sees ceeees CLAIMS—AS TO PROPERTY SEIZED, ’ What bailiff and what claimant is to do ..........sceeeeseseeeseeeeenaeeeee 488, 489 Conpuct oF TRIAL AND Hrarine or Cause, In Court by jw ejeateree oes espns eesywce2t teteascasnasousitnenty seemed auaatintians 460 Concurrent Writs, : ; ‘When may tsstie) Costisicnisssswasuricnn deineesearonrens danpsesevovenssuvnes veer 473 Contract, For payment of a sum certain at a given time in labor or anything else, after default, how to be dealt with... wnarscinmen Seats ase INDEX. 889 Copy or CovENANT, Of clerk or bailiff, effect of certified. 0... cccceceeeesereeetetrseeereeeean sens 449 Of entry in procedure DOG Kye ccawad-acaicisienisemausnnentesnnennvaaiitaeteacerndeetsd 451 Costs, Tables of.. eth sy Paneer aerate iaeae ~ B07 To be taxed by ose, ee 451 In actions of the proper competence of county court 463 How dealt with generally..........cccescceecccecessaeeesseeetes tensee nes seers ee On executions where part only of money made.. 464 And generally as to costs under execution,........ es Costs generally in all cases........cecceceeeecneeeerectnese terete rnee er eeee tenets 468 Costs in action in Queen’s Bench for grievance secingt officer under this Act and damages less than $10, no greater costs than dam- ages unless judge certifies, etc ..........c sce esses eeetteee eee entees 3 Judgment in action on, none, without order of judye.............c ee s Courts, Territorial limits and extent Of oc... ccceeccce ceeesectecettstetecetcsesee AAT TLOW? BEV LOM acs sdine sa eteltscistiatesan sabe nnns Goeaalia a iaaonseane deem cotuebae yones * To becontinued,as to territorial Jariedistion, untill altered scconding to law ef When to be held, and where and by whom.. isa mateaice wnes 448 CrimMINAL CONVERSATION, Actions for, will not lie in COMES: COUR ei casdercnad eeastadecawennnandttcn ad sens 453 CoMMITMENT, Judgment debtor ........geseeccceceesen teeters eeeeeee teeter er teeta 404, 495, 496 Bailiff or other officer for abuse of process Of COUTE.... eee ce reece eters 498 ConTEMPT, In court, how to be dealt with.. wae gsenusbvedddvmpeatdere cane: 40% Summarily and without information or warrant......0-ccsece. ee Conviction, For contempt or other offence......... eee Sahseanomeddennade yimalaeads ce ConsTRUCTION, Of words and phrases An Act vosises vaccuestenighonauals sausedsuices tagamnieretenenaaen 506 CovENANTS, z Of Clerks anid, Wai litlss, x: csccewusd setagdanrs seca duserdsiive tina donlacencuasatana ames 449 Asvarla bili yiOL i i..cher seua toedemesncssdaeeacis. . wenveacenameuscaue vie oeelheaiuaees Wied 450 If surety dies, becomes non-resident or insolvent, what is forthwith to De Mone sacescereuvnsaravsavs sekuriavonssngathgesexaesredea does save sees venaescns s Effect of certified copy of covenant in courts “ Damage Feasant, Replevin, where goods fortes cs: .dscsiseeseiasstinasssavensasoevgeeraas xeeeaer vast des 477 Damages.in: ‘replevinitssceassads sede rs crea hanes taebieieas vs tine pesieeadaweon adeoue se Days, TUN AOL COMME 22 ass assactgasowaitees sues none ocunwaenieantored ee sneeanceuees Souler tienes < Days before court of service Of PLrOoCeS8.........cccc cc ceeeeeeeeeeeeese svete ceeee 456 Dat, Of writs and all process...... cece eeee ce eesee ca teeseeeneteseeeeeeeesiecseueeeens 472 Derata, of plaintiff or defendant. .. arene ost at vicar pian dcuersiau penaen ek cio a te Dest, Particulars to be furnished clerk.....ccccsccccccssessess seecssetececstesccescseees 450 DEBTor, J oint, how served and how to be dealt with......-.cseecsseceee cee 457 Primary, when so deseneiels 483 Examination of debtor .. 485 DEFENCE, On “special stitinm ons?” sescsscatesuesiiicwiey suldeuiacusddenasnaenseecuadaseckaaioabsaca 459 Note of, must be entered with clerk 458 How done, “QISPULG MOLE s.scsccisseouss sasvsueenaeetaincmetades 459 If not entered, judgment by default 458 In “ordinary summons,” and all other cases, appearance or plea neces- SALY osecceceseecssretsecer accesses cheese eeseeseen eases eeeener es teeeccea sen tene 459 BEFENDANT, Not appearing, and not excusing absence ............s:seeeceeceeecccecesennes 460 Judge may give judgment by default or not in cases ex contractu’......... 458 But in cases ex delicto, proof shall be required as though general issue were actually pleaded............ccccccccsssstsscsscessseres osessees sues 460 890 INDEX, Defendant as well as plaintiff may apply for and ee ey trial in 460 shanib ers wendesiaea All served, ‘some defend and SOME NO beissseseeessweseswexsnareevsedesss iwnsesbed & DEMAND oR CLAIM, ; Shall be: furnished clerk, particulars of, and copies. What clerk shall then dosecsssscscssccsssscsssssescscrsvoseresscseseesssereessereras Formal statement, not necessary. Judgment by default, in what cases and when may be signed by CLE rid eccinaiattsg uotiaert an eyse ne shiesy va shiedelas ateamentemienendieaydiranyoens Deputy CLERK, When and how APPOINCOU si acces sisssoas atop vvndiaseornndnoviceneeveys katieaeennns 450 Deputy Jupaz, How appointed, and notice of to be PAVEN s seacrasesuneesoneine « se veensountemesens 448 DEtERMINATION—DECISION, Of question of fact Giri Taree gicaes bin whes taisaesiess necasceaadday ncaa 454 DIsoRDER AND DISTURBANCE, i In or about court or precincts thereof, what bailiff may do..........000 497, 498 Arrést withoWbi Wartant .. ccc cescscnuseicarserddsundaancnr eowstwotsaivavacecivenenaitsn 498 Punishment of offender .........ccsseeessecseeeeesceceeseereceseecsseseeetaceerees : “ Distress FoR Rent on DaMAGE FEasgant, Replevin, if defendant succeeds, what judge may do, if defendant en> titled: to: méburm, Wha bisaccoersieceaden qancauicdle vatugatie then sadusessslaseaaves ves 417 Division or Cause oF Action, Shall not be allowed.........cccseeeceeseeeseeere che cath mote teenie sma e ra emacs 454 DEVISE, Bequest or claim: under Will... ...c.ccscceeceeessseseessteneseeraseeeeaeeterseseewees 453 Divisions, Jd Gial assis ceoresona pemaaaeame rae eebnmacemerneseeh a iaton hb uaiateen anes enaesbe 448 Docket, To be Kept by Clerk... sec seeseesceseeereeeeeneneeeereenneceneeneaeaper teens 451 Certified copies of entries therein...........-..-.04 space uae. fe Effect of, im COULtS......... ccceeeeese eens eeeeeseneren ee ee Procedure book, the same as docket. es DocuMENTS, Moneys, books or papers, ete., wrongfully withheld,remedy............. 452 Duvrtizs, Special injunction to bailiffs, Che... coccsseseseoaseesseveraes nessensaveesssveensen 497 ESECTMEN?, ‘ ‘Action will not lie in Gotinty Court givdiad scence etal syteimsten oeedeue gees 453 Equrry or REDEMPTION IN GOODS, ETC., May be seized and sold under execution.....c.ccccscesesescessaeseeesceeeeens - A497 EXAMINATION of JuDGMENT DEBTOR, Tudgment SUMMONS. .....cececseeeceeceteeneceee state teres erste cette ae enti 493 Examination may be made under oath, what ee Witnesses may also be examined ........ccecsseseeceeseetsreccsereeseeees eeine Costs of proceedings........... eee ceseteteee eters cen eeettete ene teecesnieees a After one examination, no further, without affidavit filed with clerk. “s Non-attendance of party summoned............... Mscoveicitte nwa sheatvagniasavens 494 Order of commitment, when my be made hate eso cot dbaalacancieedcuelnge eis : & Commitment, etfect of... siniGicrceageteeie “ Discharged, how debtor may Bee tae atte gerne eer ae 495 On trial or hearing of any case, judge may in “his discretion examine defendant as on judgment summons, and commit or make Obher Ord Et. iccssc vaceqecaeanes se siee ses seid anssewcmianvomacersiaasseeaiys oe In chambers, judge may at any time examine or order examination of AefEndanbesasscvisevenrgcorredees cenesswvienemnanaranad dances sasieg wean eain - 496 Excrepine $300, ; Action for balance of account, though not exceeding $250 is not main- tainable if the account forming the subject ‘matter to be inves- tigated exceeds $300 and IS Unsebbled sce scckeeeewesnetecosate sueeee 454,455 EXEcUTION, To be issued Dy Clerk vssigesccsevesieccpeee vanes vestiseceveueeeney Wiig Gu vedanta says 451 To bear what date, and within what time returnable............0..0 472 When fees of bailiff to be paid... eect eeeeeeeeeeeeeneees 453 Neglect of bailiff to return, ne is to haveno fees INDEX, 891 ‘ If fees, from any circumstances, not paid in the first instance, what JUGSO MAY OTM ET. a. iccsccussaigs ac aagconensere cnc isoaes weer apONaeRE Leen 452 Where bailiff has forfeited fees, what clerk is to do with them............ 453 In what manner clerk is to have execution executed out of division... 456 Fees on execution generally. ........csccseeeeee es sasvendesvenieaateesiausaparee® 464 Issue, when execution may, on judgment by default...........000-eeee 458 Issue, when in other cases, except there be stay......+.ssscccseeee eereeees 471 Stay of execution, when, and for what reason 466 ie Hi Oi ap pealevcs.452 cevece.canscestrasicns btecner suman y 501 “on new trial. diseteseceniesctaens 800 Where execution may be executed.........cccsessssersessceseeneeeneteeseeeeeees 471 Payment before actual sale of go0ds.........:ccccc cece tecieeeteeeeterereene Renewal of execution, how done..........cccccsseeesesececcssaeerereaeeeeeeetens 473 Alias pluries and concurrent’ WYitS.......0.0.2ceeseenecenec seen eeeensteeteetetetes COStS: Of sssicsves overs nuaye see scovbaenvus dass naw eres ay niiogingdslen tiles cinarn Saodaumnnntane6 » Ifnot executed and returned in time, bailiff to be deprived of fees by CLOPK seiscccdcacnss ap vssacrnisnaeacennnevderrieasliakae mamtata re naei aerate 453 Failure or neglect of bailiff, etc, in executing w. 473 Returnable within thirty days from date............cccccceeseee cecteeteer ates 472, EXEcurorR AND ADMINISTRATOR, ; May sue or be sued in county COUTE. A... eceeeec eect eee e een enceeneeenees .. 454 Rights and liabilities of executors and administrators, as litigants in BON CLA ok dicnsicnuaciere nisin nd eniesietiesdpyesnsscubiny sais eduatnemes wan senate 491, 492 EXEMpPrion, . No privilege or exemption to any person in the county court............ 454 Extortion, Undue exaction of fees or costs by any person acting in any capacity in or under process of county court, prohibited and punished SUMMALLLY «0.0... cee cee eee e ee eee ee Tide watt tease th chatteue ae Seemann wee 499 Fuss, eal GS: 10 ficnzasinnevan say Parsciaasece mace taganevteddeus nang lesa te Sieoudaee 450, 452, 507, 512 How to be posted, and by Whom..........ecessesseeesesceseceeee see vereeteaeeees 450 To be paid in advance in the first imstance...s........:cccceee cece cece teenies “¢ If from any cause not paid in advance, remedy ‘i 452 On execution before clerk issues.............cseccsccee seer eeceeeeeeene ne eeeeteeeee ie Bailiff, if he neglects to return process or execution within the time re- uired by law, fees forfeited ............. 0c. cesee cece sesceeeseneneeee 453 What clerk is to do in such case with fees a Fees on execution in certain caseSe.........c:seeceeeeecaneceaeeceeseecesteeeeeeees 464 a In general, may be moderated, increased or diminished..........0.-...... 502 INES, May be enforced as a judgment. ..........cceseeeeencececeeeeee ee eeeecereeueneens 499 How’ fines are to be applied -isic.c. eosisiesensscceuvsacawanguenroiicasvenes vasa Form, No proceeding to be void or vacated for error in form........, sahddare) BREE ee Forms, ‘ Tip MSD geek Der tetes esata eat ineitas ogous eaeaies aha nts 502, 506 Forms ANNEXED To AND ForMInG Part oF Act, ’ APPEAL. NiO. 351.. Boma itisainen isos ae suaineldaainy sovatvanianiteeaatuindenaauueaibuatrememaceecanes 563 « «Affidavit of justification . He “RY A Midamit OF capt Onscpidsnavaiedssaanaiennetie dunes dusdadhas iieeeebeceees 564 ARSITRATION. “ 42. Order of reference 554 BO Bop BWC BTE oes Ave katana tastic Ola salar walk eats scence eoae shumense deat nen wines 555 “ 17. Affidavit 00... aulasidatuine Saas ody aleSae tances sige sag aieenjarennens 528 "16, Writ of Attachment ...,..:.2casuvencammaivencimcscirsccs, 526 SE“ 180) INV EN LORY. oii cesadses vetasans derodaniseaduaas sancenenste-eanesnecomeeaase bees 529 © 19. Oath OL APPTAIserss .0 ts 7 > 2 printed papers, cockades, to be furnished, when 46 No person to carry or use, When... eee ee Drinks, no intoxicating drinks or other refreshments to be provided, aid for, procured or engied | to be paid for “« POH AILY asismass raaneiced sericddiavon addecnie: Abeta sdaa tt: satan kaesoe ts sig seis tia ie Spirituous liquors, not to be sold or given.......... Ke POD al ty sas iscacteuetanesiey obzeegnheawdneistieneew aiken uae mexaywanisiches bactenenes secenas i Pollbook, forcibly ‘removed, proceedings therefor...... sa A Penalty for destroying exe Made dine viviae emAaNaD wore pale aa 47 Violence, penalty for using.. soul deit slay saitaaveemeenh eee = “ “Election officer,” meaning Of.........::.seeceecceees ee seesereteennetecsenee ¢ Fees, Lieutenant-Governor in Council to make a tariff of, to be submit- ‘ ted to the Legislative Assembly.........c:ccceeceseesteceeneeees MEANS OF PREVENTING CorRuUPT Practices at ELECTIONS, What shall be considered a8..........c.ccccccucreeaceetseevessetecesenanee siiereeaane 48 Bribery of voters, what persons shall be considered guilty of............ . ss Expenses, lawful, allowed...........c:c:sccceecseesseeeeeesseteeensens auaes 49 Bribe, persons accepting a, to be deemed guilty of bribery 916 {NDEX. Bribery, in relation to candidature..........cccseceecte cose cesses cesseneees On par: of candidate.......... inant Wares, to bes DEB Gry). cciiseccieinseeasnandeconis«ccyashsuneieadennwisieniysaareccese . Penalty, for acts of bribery under certain sections of Act.. Treating by a candidate. ............00. eeeeeseeeee ee Penalty eee sivemenpinwieanaisas Ragnanaien Votes to be struck off by PeRONs, other than candidates............... Penal tyes iss scaswsen eons saecws vatvaice vaveeveencneate coneoautaudva vas se Undue influence, penalty for Oana sdagermivecusetatuennta se Abduction, duress, peuaity for.. Constraint, to take false oath... Penalty POE yi doses ces. ag cuss na cuniemanennscee a eeses tain cus Acer sananadt Maswonne Personation, penalty for....... sh Aiding y money, roads, bridges, piers, railways or other public ‘3 WORK sscdis nae cuescnctic dtaaus vars premuananavdse wiveddieemesueegyerodiucds Subscribing for shares in company formed for such purposes...... ‘ a Giving or lending money to such company, or the government.... ie Guaranteeing money borrowed by such company..........-.seeeeeee 293 Subscribing ec or holding stock in telegraph company...........-..+ . Such by-laws to be approved by electors, and to determine condi- tions under site assistance is authorized ......6...:0:ccceeeeereee e Statute labor, who not liable to perform..........eceeeeeeeeseeere caeeeeeee eas Who bound to perform................ ee ee ‘ Compounded for, may be is Commuted, may be..........cceeeeeeeceeece seen eduipsbedintontoceetennes oe May betienforeed ss vis sanistaiics seeitevenenteus sdewaeitd a ° 2 g 3 x oe pe See a S ‘os s “‘moT}BdnD009 5 pea m “yuep [sey-UON a fe 3 “queprsey Zz 2 “9p] OYasNOH, 2 - nD io jyaedno09 = 2, . “qaBUay, 3 4 - a -10TMO ee, a 5 om : & 3 ° ral 2 a & x, 3 3 a H & = 5s Ba 5 4 0 a n g : | : < | & ‘ Z : 3 9) Me 3 i a “TOQuINNT ! MUNICIPALITY OF SCHEDULE B. a OWNER. : DESCRIPTION. ACRES. ASSESSMENT. Bie So gS 3 : o 22 OD & i 3/8/z | ‘2 g 3 gi) aay 3 NAME. ocoupation.| ¢ |_| 3|8| 2 6 § é | @ “3 Be ce |e a ee ee q alS|Zlalel gs Name. | Address. | ~\; 2 a E “3 33 8 8 S $ CB | £2 5 B18/47/e8138) & 65 < g 5 36 oe 3 a g g 68 | ae A 6lealel|4lo] < | za D a a Ze 8s & 2 Zn B | l ‘ } 1 1 | | ; li , i NUMBER OF PERSONS IN FAMILY. NUMBER OF CATTLE. : MALES. FEMALES. .| .| Date of Delivery of 6) se | a. Ja 8] e| Assessment Noticd.| . REMARKS. - Total. Religion. 8 g gs 2 g of joelse Married. Single. Married. Single. I o loa] o 629 jooloo ing , S [Sid] ze | zm lamer Take notice that you are ussessed as above specified for the year 18 . If you deem yourself overcharged, or otherwise improperly assessed, you or your agent may noti C the Municipality, in writing, of such overcharge or irapre er assessment, within fourteen days after the : doy? of - ¥ thie diledy. antl eg etl Roll was returned), and your complaint shail be tried by the ourt of Revisson for the Munielpality of (ENDORSED.) S1r,—Take notice that I intend to appeal against this assessment, for the following reasons : Iam, sir, your obedient servant, A. B., Township Olerk. { BA Mit ‘ MUNICIPALITIES. Cap. 3. 29 question put to him in any action, suit, or other proceeding fom answer in any court or before any judge, touching or concerning any tion in court. election or by-law, or the conduct ot any person thereat, or in relation thereto, on the ground of any privilege, or on the ground that the answer to such question will tend to criminate such person ; but no answer given by. any person claiming to be excused on the ground of privilege or on the ground that such answer will subject him to any penalty under this Act, shall be used in any proceeding under this Act against such person, if the judge gives to the witness a certificate that he claimed the right to be excused 'on either of the grounds afore- said, and made full and true answer to the satisfaction. of the judge. : = . CXIII. All proceedings other than an application in the When april nature of guo warranto against any person for any violation warranto to oS of section one hundred and two. or one hundred: and oer three of this Act shall be commenced within four weeks after the municipal election at which the offence is said to have been committed, or within four weeks after the day. of voting upon any by-law as aforesaid. CXIV. No pecuniary penalty or forfeiture imposed by No penalty. this Act or any other Act of the Legislature of Manitoba shall incertain * be recoverable for any act of bribery or corrupt practice at an ““ election, in case it appears that the person charged and an- other person or other persons were together guilty of the act charged, either as giver and receiver, or as accomplices or otherwise, and that the person charged has previously bona fide prosecuted such other person or persons or any of them for the said'act; but this provision shall not apply in case the judge before whom the person claiming the benefit thereof is charged, certifies that it clearly appears to him that the person so charged took the first step towards the commission of the offence charged, and that such person was in fact the principal offender... 3 | CXV. The clerk of: every municipality. shall, prior to Clerk to fur- . * * nish return- any election or voting on any by-law, furnish each deputy- ing officer returning officer with at least two copies of the sections of this ent? soos. Act, numbered: from: one hundred and*two to one hun- pe eee dred and fifteen, inclusive, and shall also post at least six post same. copies thereof in conspicuous places in each polling sub-divi- sion in the municipality. ca CXVI. Every council shall hold its ordinary meetings open- Meetings to _ ly, and no person shall be excluded except for improper con-ly. duct but the head or other chairman of the council may expel and exclude from any meeting, any person who has been guilty of improper conduct at such meeting. CXVII. A majority of the whole number of members. re- Malorily to quired by law to constitute the council shall be necessary to quorum. form a quorum. 5 30 Cap. 3. MUNICIPALITIES, " ny . ORY o a cermay vote, _ CXVIII. The head of the council, or the presiding officer or chairman of any meeting of any council, may vote with the _ other members on all questions,’ and any question on which there is an equality of votes shal: be deemed to be negatived. see ay aa OXIX. The head of every council, or in his absence the chair- man thereof, may administer an oath or affirmation to any person concerning any account or other matter submitted to the council, te Remunerae CXX. In case the remuneration of any of the officers of the tion of ofi-. municipality has not been settled by Act of the Legislature, the council shall settle the same, and the council shall provide for the payment of all municipal officers,: whether the remune- ration is settled by statute or by by-law, of the council, Noappuint- _ (1.) No municipal council shall assume to make any appoint- ee ak ment to office, or any arrangement for the discharge of the der. duties thereof, by tender or to applicants at’ the lowest remu- neration. By-laws to be .CXXI. Every by-law shall be under the seal of the corpora- under seal. ’ tion, and shall be signed by the head of the corporation, or “by the person. presiding at the meeting at which the by-law has been passed, and by the clerk of the corporation. What shattbe CXXII. A copy ofany by-law, written or printed, without deemed _ erasure or interlineation, and under the seal of the corporation, authentic. and certified to, be a true copy by the clerk, and by any mem- ber: of the council, shall be deemed authentic, and be received in evidence in any court of justice without proof of the seal or signatures, unléss it,is specially pleaded or alleged that the seal or one or both of. the signatures have been forged. ; a sae ¢ 6 ae ts. EP US fe Hata cM wn a Promulga- CXXII Every promulgation of a by-law shall, when deemed. tion of by- necessary by the council passing the same, which shall be sig- ; nified by containing such direction in said by-law, consist in the publication, through the public Press, of'a true copy of the by- law, and of ‘the signature attesting its authenticity, with a no- tice appended thereto of the time limited by law for applica- tions to the courts to quash the same or any part thereof ; and the publication. aforésaid shall be in a public newspaper pub- lished within the municipality, or if there is no such newspaper, then in the public newspaper published nearest the munici- pality, or in a public newspaper published in: the prevince ; and the ‘publication shall, for the purpose aforesaid, be‘ con- tinued in at least one number of such paper each week’tor three successive weeks. ‘ ! sees Notico. CXXIV. The notice to be appended to every copy of the by-law for the purpose aforesaid, shall be to the effect follow- ing : a Bes MUNICIPALITIES. Cap. 3. 31 Norice.—The above is a true copy of a by-law passed by the. municipal council of on the day of , 18 ; and all persons ave hereby required to take notice, that any one desirous of applying to have such by-law or any part thereof quashed, must make his application for that purpose to one of the judges of: the court of Queen’s Bench, before the end of next Term following this notice by the publication of this notice in three consecutive numbers of the following’ newspapers, viz: (here name the newspapers in which the publication is to be made), or he will be too late to be heard in that behalf; and take notice that such Term commences on the. day of next. G. H., Municipal Clerk. OXXV: Thc case no: setlicn tits to quash any by-law is made qy case no before the end of the'Term next after the third publication of BEL eeoria such by-law and notice as aforesaid, the by-law, or so much b byataw is” thereof as is not the subject of any such application, or not™ quashed. upon such application, so far as the same ordains, pre- scribes or directs anything within the proper competence of the coancil to ordain, prescribe or direct, shall, notwithstanding any want of substance or ‘form, either in the by-law itself or in the time or manner of passing the same, be a valid by- law. CXXVI. The taxes or rates imposed or levied for any year When rates shall be considered: to have been imposed, and to be due on due. and from the first day.of January of the then current year, and end, with the thirty-first day of December thereof, unless otherwise expressly provided for by the enactment’ or by-law undey which: si same are directed to be’ a! OXXVIL ie case any tenes is citeesnttal against a by-law When offence of a council, for the prosecution of which offence no other pro-geetushs by vision is made, any Justice of the peace having jurisdiction i in’ the locality where: the offender resides, or where the offence was committed, whether: the justice is a member of the coun- cil or not, may a ene. determine any prosecution for the offence. OXXVIIL cere tine and. penalty imposed by or under the Penalties bow authority of this. Act may, unless where other provision is oe specially made therefor, be recovered and enforced with costs, by summary conviction, before any justice of the peace for the cdunty, or of the municipality in which the offence was committed ; arid in default of payment the offender may be committed to the common gaol, house of correction, or lock- up house of. such: municipality, there to be imprisoned for any time in the discretion of the convicting justice, not exceeding (unless where other provision is specially made), thirty days, s 32 Cap. 3. MUNICIPALITIES. with or without hard labor, unless such fine and penalty, and costs, including the costs of the committal, are sooner paid. ... Justice may CXXIX. The justice or other authority before whom a pros- convict on 3 . apes oath ofany secution is had for an offence against a municipal by-law, may Witness. convict the offender on the oath or affirmation of any. credible witness, and shall award the whole or such part of the penalty or punishment imposed by the by-law as he thinks fit, with the costs of prosecution, and may by warrant, under the hand and seal of the justice or other authority, or in case twovor more justices act together therein, then under the hand and seal of one of them, cause any such pecuniary penalty and costs, or costs only, if not forthwith paid, to be levied by dis- tress and sale of ane goods and chattels of the offender. Justice may CXXX. In case of there being no distress found out of which offender. the penalty can be levied, the justice may commit the offender to the common gaol, house of correction, or nearest lock-up house, for the term, or some pa SHBEEOE, ‘Specified i in. the by .”, law. How penal. CXXXI. Unless otherwise provided, when the pecuniary of. penalty has been levied under this Act, one moiety thereof shall go to the informer or prosecutor, and the other moiety to the municipal corporation, unless the prosecution is brought in the name of the corporation, in which case the whole of the pecuniary penalty shall be paid to the corporation. Who Shallbe CXXXIL Upon the hearing of any information or com- witnesses. plaint exhibited or made under this Act, the person giving or making the information or complaint shall be a competent witness, notwithstanding such person may be entitled to part of the pecuniary penalty on the conviction of the offender, and the defendant, and the wife or husband of such persons oppos- ing or defending, shall also be competent witnesses ; and all the said persons shall be compellable to give evidence on such hearing. No ratepayer CXXXIIL In any prosecution, suit, action or proceeding in: or officer shall Ae ’ eo. : = 2 shallbein- any civil matter to which a municipal corporation is a party, awibsess’ “Sno ratepayer, member, officer or servant of the corporation shall, on account of his being such, be incompetent as a wit- ness ; but they, and every of them, shall be liable to challenge as a juror, except where the corporation, the party to such prosecution, suit, action or proceeding, is a municipality. - Prosecutions OXXXIV. In prosecuting under any by-law, or for the under by-law. breach of any by-law, witnesses may be compelled to attend and give evidence in the same manner, and by the same pro- cess, a8 witnesses are cornpelled to attend and give evidence on summary proccedings before Justices of the Peace in cases tried summarily, under the statutes now in force,:or which may be hereafter enacted. MUNICIPALITIES, Cap. 3. 33 CONVICTIONS UNDER BY-LAWS. CXXXYV. It shall not be necessary in any conviction made convictions. under any by-law of any municipal corporation, to set out the information, appearancé or non-appearance of the defendant, or the evidence or by-law under which the conviction is made, but all such convictions may be in the form following : PROVINGE OF MANITOBA, Bz IT REMEMBERED Form. County of ; that on the day of To Wit. , AD. A.B. is convicted before the undersigned, one of Her Majesty’ s justices of the ‘peace in and for the said county, for that the said A.B. (statung the offence, and time and place, and when and where committed), ‘contrary toa certain by-law of the municipality. of 4) 8s ; passed on the day of . ‘A, D. , and intituled (reciting the title of the by-law) ; ‘and I adjudge the said A. B., for his said offence, to forfeit and pay the sum of to be paid and applied according to law, and also to pay to C.D, the complainant, the sum of for his costs in this behalf. And if the said several sums are not paid: forthwith (or on or before the day of, as the case may be,) I order that the same ‘be levied by distress and sale of the goods and chattels of the said A. B.; and in default of sufficient distress, I adjudge the said A. B. to be imprisoned'in the common gaol of the county of (or in the public lock-up at ) for the space of days, with or without hard labor, unless the said several sums, and all costs and charges of conveying the said A. B. to such gaol (or lock-up) are sooner paid. Given under my hand and seal, the day and year first above written at , in the said county. | eS JM, (LS) JP. EXECUTION AGAINST MUNICIPAL CORPORATIONS. OXXXVL Any writ of seeutien against a municipal corpora- Proceedings | . tion may be endorsed with a direction to the sheriff to levy ecution the amount thereof by rate, and the proceedings thereon shall 32373) then be the totwae corporation. (1.) The sheriff shall deliver a copy af the writ and endorse- ment to the treasurer, or leave such copy at the office or dwell- ing-house of that officer, with a statement in writing of the sheriff's. fees, and of the amount required to satisfy such execu- tion, including in such amount the interest calculated tu some day as near as is convenient to the day of the service, 34 Cap..3. MUNICIPALITIES, (2.) In case the amount, with interest thereon from the day mentioned in the statement, is not paid to the sheriff within one month after the service, the sheriff shall examine the assessment rolls of the corporation, and shall, in like manner as rates are struck for general municipal purposes, strikea rate sufficient in the dollar to cover the amount due on the execu-: tion, with such addition to the same as the’ sheriff deems suf- ficient to cover the interest, his own fees, and the collector’s percentage, up to the time when such rate will probably’ be available ; ; a (3.) The sheriff shall thereupon issuea precept or . precepts, under his hand and seal of office, direeted to the collector or respective collectors of the corporation, and shall annex to every precept the roll of such rate, and shall by suca precept, after reciting the writ, and that the corporation had neglected to satisfy the same, and referring to the roll annexed to the precept, command the collector or collectors, within their re- spective jurisdictions, to levy such rate at the time and in the manner by law ‘required in respect of the general annual rates; : (4.) In case at the time for levying the annual rates next after the receipt of such precept, the collectors have a general rate roll delivered to them for:such year, they shall add a column thereto, headed “Hxecution rate in A.B. vs. The Mu- nicipality” (or as the case may be, adding'a similar column for each execution if more than one), and shall insert therein the amount by such. precept required to be levied upon-each person respectively, and shall levy the amount ot such execution rate as aforesaid, and shall, within the time they are required to make the returns of the general annual rate, return to the sheriff the precept with the amount levied thereon, after deducting their percentage; fe aes ae (5.) The sheriff shall after satisfying the execution and all fees thereon, pay any surplus, within ten days after receiving the same, to the treasurer, for the general purposes of the cor- poration. Clerk and CXXXVII. The clerk, assessors and collectors of the corpo- other officers ation shall, for all purpdsés connected with carrying into ed officers of effect, or permitting or assisting the sheriff to carry into effect, certain cases. the provisions of this Act, with respect:to such executions,’ be deemed to be officers of the court out of which the writ issued, and as such shall be amenable to the court, and may be pro- ceeded against by attachment, mandamus or otherwise, in order to compel them to perform the duties hereby imposed upon Fe ROT a ae Bae them. Tee CXXXVIII. In case a member of the council of any munici- thecouncil pality, either in his own name or in the name of another, and t is Bi is e . A ¥ ng of. either alone or jointly with another, enters into a contract. of any kind. any kind, or makes a purchase or sale:in which the corporation. Wa oa MUNICIPALITIES, Cap. 3. 35 is a a party Srateroated, and which i is on that account void or void- able ein equity, the same contract, purchase, or sale shall also be held void in any action at Jaw thereon against the eorpon tion, STATUTE LABOR. CXXXIX, No person in Her Majesty’s naval or military Statnte labor service on full pay, or on.,actual, service, no clergyman or sa school teacher actually engaged in their profession, shall. be liable to perform statute labor or to commute therefor; nor shall any non-commissioned officer or private of the volunteer force, certified by the. officer commanding the company to which such volunteer belongs or is attached as being an effici- ent volunteer; but these exceptions shall not apply to any of the above named persons who are assessed for peapeny CXL. Every male inhabitant, of a municipality between thy Who shall be ages of twenty-one years and upwards,and under sixty years of | age, who is not otherwise assessed,and who is not exempt by law from performing statute labor, shall be liable to one day of. statute labor on the roads and highways in the municipality, and,no council shall have. any power to reduce the statute labor required under this section. CXLI, No person shall be exempt from the tax in the last prezeding section named unless he produces a certificate of his having performed statute labor: or me the tax elsewhere. CXLIL. Ever Yy person rated in binantanaltiy (not others Wise Not ae exempted by law from performing statute labor), who has been strate labors assessed upon the assessment roll of the municipality for a sum not exceeding five hundred dollars shall be liable for two days’ statute labor. ‘OXLILL Every person. assessed upon the assessment roll of a municipality shall be liable to pas labor according to the amount of such assessment as follows : (a.) Every person assessed. for five Fndred. dollars. and p= Hal sxeee- wards to one thousand dollars, not exceeding three days: days. (b.) And for brary one thousand dollars, or fraction thereat Three days. not less than five hundred dollars, three days. . OXLIV. The conti of any municipality may, by by-law, ¢ Commuta- direct that,a,.sum not, exceeding one, dollar and fifty cents a ae day shall be paid. as, commutation of statute labor, in which case the commutation tax shall be added in a separate column in the collector's roll, and shall be collected and accounted for like other taxes ; provided always that any person desiring to Proviso. commute their statute labor shall be allowed a.reduction of twenty-five cents per day, if paid within one month next after the final revision of the assessment, 36 Cap. 3. MUNICIPALITIES, at oe: ORLY. Any municipal council may, by a by-law passed for goed $1.50 per that purpose, fix the rate at which parties may commute their statute labor, at any sum not exceeding ‘one dollar and fifty cents for each day’s labor, and the sum so ‘fixed ‘shall apply, equally to residents who are subject to statute labor, and ‘to Proviso. non-residents in respect ‘to their property : provided always that any person desiring to commute their statute labor shall be allowed a reduction: of twenty-five cents per day, if paid within one month next after the final revision of the assess- ment. pinere no XLVI Where no such by-law has been passed, the statute by-law has been passed labor in municipalities in respect of lands of non-residents, ‘or commuta- tion. shall be commuted at the rate of one dollar and fifty, cents for each ‘day’s labor. | Refusal or OXLVIL. Any person 1 liable to perform dake labor ‘under form statate the one hundred and forty-second and forty’ third sections of nine this Act not commuted,’ shall perform the same'when required so to do by the pathmaster or other officers of the municipality appointed for the purpose ; and, in case of wilful neglect or re- fusal to perform such labor after six days’ notice requiring him to do the same, shall incur a penalty of five dollars, and upon summary conviction thereof before a justice of the peace, such justice shall order the same, together with the costs of. prose- cution and distress, to be levied ‘by distress ‘of the offender's goods and chattels, and in case there is no sufficient distress, such offender may be committed to the common gaol, house of correction, or nearest lock-up house, and there put to hard “labor for any time not exteeding ten days, unless such penalty and costs and the’ costs of the warrant of commitment and of conveying the said person to the common gaol are sooner paid: Penalty. Penalties to CXLVIII. All sums and penalties, other than costs, recover- trensurer. ed under this section, shall be paid to the treasurer of the local municipality, and form part of the statute labor fund thereof. Non-resi- CXLIX. No non-resident who has ‘not required his name to : be entered on the roll shall be permitted to perform statute ~ labor in respect’ of any land owned by him, but a commutation ‘tax shall be charged’ against him - ‘according to’ its assessed value ; and, in all cases in which the statute labor of a non- resident is paid i in money the municipal council shall order the same to be expended in the statute labor division where the proverty is ee or where the said statute labor taxi is levied. J ‘ ‘ When non- CL: In case any non-resident, whose name oo been entered Jectetopase on the resident roll, does not perform his statute labor, or pay commuta- commutation for the same, the pathmaster in whose division he is placed shall return him as a defaulter to the clerk’ of : the municipality, before the fifteenth day of September, and the clerk shall in that case enter the commutation for statute labor against his name in the collector's roll ; and in all cases both MUNICIPALITIES. Cap. 3. 37 of residents and non-residents, the statute labor shall be rated and charged according to the assessed value. DIVISION INTO MUNICIPALITIES. ee a ee ee ‘ ws guys. Division of CLL The division of the Province into municipalities the Province under this Act. shall be and is as follows F ee No. 1, or the municipality of Westbourne, shall comprise No. 1. townships 18, 14, 15, 16 and 17, ranges 9, 10 rh and 12 west, and townships 16 and 17, range 8 west, fractional and includ. ing the old settlement of Westbourne, and shall be sub-divided into six wards, each of which shall elect one councillor, as follows :— Ward No. 1, composed of township 13, ranges 9 and 10 west, 4 including the old settlement of Westbourne. «| « , composed of township 13,ranges 11 and 12 west. « 3, composed of townships 14, 15,16 and 17, range 12 west. / «A composed of townships 14, 15, 16 and 17, range ll west. — . . “ 5, composed of townships 14, 15,16 and 17, range 10 west. 5 if « 6, ‘composed of townships 14, 15, 16 and 17, range 9 west,.with townships 16 and 17, range 8 west, fractional. . CLII. No. 2, or Norfolk, shall comprise townships 7, 8, 9, No. 2. 10, 11 and 12, ranges 9, 10,11 and 12 west, and shali be sub- divided into six wards, each of which shall ‘elect one councillor as follows : Ward No.1, comprised of townships ‘7 and 8, ranges 9 and 10 west. “ R . 2, townships 7 and 8, ranges 11 and 12 west. € > 3, townships 9 and 10, ranges 11 and 12 west. 4, townships 9 and 10, ranges 9 and 10 west. Ward No. 5, townships 11 and 12, ranges 9 and 10 west. Ward No. 6, township 11 and 12, ranges 11 and 12 west. CLIII, No. 3, or Lorne, shall comprise townships 4, 5 and No.3. 6, ranges 9, 10, 11 and 12 west, and shall be sub-divided into Cap. 3. MUNICIPALITIES. six'wards, each of which shall elect one councillor as follows : Ward No. 1, composed of township 4, range 11 and 12 west. ce cc 2, township 5, ranges 11 and 12 west. 3, township 6, ranges 11 and 12 west. ee “ 4, township 6, ranges 9 and 10. west. 5, township 5, ranges 9 and 10 west. «ee 6, township 4, ranges 9 and 10 west. ' Birds CLIV. No. 4, or Louise, shall comprise townships 1, 2 and 3, ranges 9, 10, 11 and 12 west, and shall be sub- divided into six wards, each of which shall elect one councillor, as follows : Ward No.1, composed of township 1, ranges 11 and 12 west. ee eg. township 2, ranges 11 and 12 west. hes “3, township 3, ranges me and 12 west. fe “ 4, township 3, ranges 9 and 10 west. ee 5, township 2, ranges 9 and 10 west a “ G6, township 1, ranges 9 and 10 west. Ope CLV. No. 5, or Dufferin South, shall comprise townships 1, 2 and 3, ranges 6, 7 and 8, and the west four miles of range 5 west, and shall be sub- divided, into six wards, each of which shall elect one councillor as follows :, ‘ Ward No. 1, composed of downship 1, range 7 and 8 west. « “« 2, township 2, ranges 7 and 8 west. . 7 « 3, townships 1 and 2, range 6 west. « « 4, west four miles of townships 1 and 2, range 5 west. se “ 5, township 3 west, four miles of township 5, range 5 and township 3, range 6 west. «#6, township 3, ranges 7 and 8 west, No. 6. CLVI. No. 6, or Dufferin North, shall comprise townships 4, 5 and 6, ranges 3, 4, 5, 6, 7 and 8 west, identical,with elec- ’ toral division Dufferin North, and shall be. sub- divided into six wards, each of which shall elect one councillor as follows: s . MUNICIPALITIES, Cap. 3. 39 Ward No. 1, composed ‘of townships 4, 5 and 6, range 8 west. « _ * 2, townships 4, 5 and 6, range 7 west. He * 3, townships 4, 5 and 6, range 6 west. 1 "e * R s “-4, townships 4, 5 and 6, range 5 west. ¢ “ 5, townships 4, 5 and 6, range 4 west. “* 6, townships 4, 5 and 6, range 3 west. CLVII. No. 7, or Portage, shall comprise the three electoral No.7. divisions of High Bluff and Poplar Point, Portage la Prairie and Burnside, and shall be divided into wards as follows, each of which shall elect two councillors if the whole council shall comprise eight members, and if the courcil shall comprise twelve members, then each ward shall elect thre2 councillors: ‘ Ward No. ‘, shall comprise all the townships in range 5 west, with the parish of Poplar Point. fe i ig i. “ 2, shall comprise all the townships in range 6 west, '- with the parish of High Bluff. Aes 85 - “ 3, shall comprise all the townships in range 7 west, "swith the parish of Portage la Prairie, except the town of Portage la Prairie. ae « 4, shall comprise all the remainder of the munici- ' palities. CLVIII. No. 8, or Woodlands, shall be identical with the %° * electoral division of Woodlands, except that part north of township 15, between Lake Manitoba and Shoal Lake, divided into six wards, each to elect one councillor as follows: ‘Ward No. 1 township 18, ranges 1 and 2 west. i sp 2, township 14 and 15, range 2 west. « © 3, townships 13 and 14, range 3 west. “ e 4, townships, 13 and. 14, range 4 west. « © 5, township 15, ranges 3 and 4 west. « “ 6, all the remainder of the municipality. CLIX. No. 9,or Belcourt, shall comprise thé electoral divi- No.9. sion of Baie St. Paul, and shall be divided into two wards for electoral purposes as follows : 40, No. 10. No. 11. No. 12. No. 13. Cap. 3. MUNICIPALITIES, | Ward No. 1, composed of townships 7, 8 and 9, ranges 3 and 4 west, shall elect one councillor ; the remain- der of the electoral division or. ‘ward No. 2 aha elect the ee five councillors. CLX. No. 10, or St. Francois ieee shall comprise the electoral division of the same name and shall be divided into two wards i electoral: Surpass as follows : Ward No. 1, ee of townships 7, 8 ad 9, ranges 1 and 2 west, shall elect one councillor. “ 2, shall comprise the remainder of the electoral division and shall elect, the remaining five councillors. CLXI. No. 11, or Morris, shall comprise pene 4, 5 ad 6, in ranges 1 and 2 west, and range 1 east, and that part of township 6, range 2 east, and that part of the settlement belt, between and including lot 239 to the niunicipality of Cartier on the west side of Red: River, and shall. be divided into three wards, each of which shall elect two councillors, as follows : Ward No. 1 composed 'c of iaenahig 4, ranges 1 niall 2 west, and range 1 east, and that portion of the settle- ment belt between the southern boundary of the munieipality and the second base line pro- duced,'to the Red River.. . .. © 2, composed of township 5, ranges 1 and 2 west, and range 1 east, and fractional part of range 2 east, also that part of the settlement belt be- tween Ward No. 1 and lot number 433. - “ 3, all the remainder of the municipality. CLXII. No, 12, or Rhian’ atoll comprise that — of the Mennonite reserve described as follows : townships 1, 2 and 3, ranges 1, 2,3 and 4, and the two eastern tires of sections in range 5 west, and the council shall be elected by the general vote of the electors. CLXIII. No. 13, or Emerson, stile comprise sith electoral divi- sion of the same name, and shall be divided into three wards, each of which shall elect two councillors as follows : Ward No. 1 composed of township 1 in all the ranges within the electoral division and that part of the settlement belt on the east side of Red River between the international boundary and the Indian reserve on the mouth of the. Biogen River, MUNICIPALITIES. Cap. 3. Nien No. 2, composed of township 2, all the ranges in the electoral division. — 9 By composed of township 3, in all the ranges in the electoral division, and’ that part of the . settlement belt on the east side of the river ‘between the Indian reserve and the northern wi Timit of the municipality. CLXIV.: N 0. 14, or uvilly shall comprise that — of the No. 14. electoral division of Ste. Agathe between the Mennonite reserve and Red River, described as follows: All the settlement belt on the east side of the river between the southern and the northern limit of the division and townships 4, 5 and 6 ranges 2 (east of river) 3 and 4 east, and township 4, range 5 east ; and the said meaty shall be sub-divided into three wards as follows: Ward Nie 1, composed. of iceman 4, ranges 3,4 and 5 east 5 which shall elect one councillor, an i 1 € « 2, composed of all the settlement belt and town- ships 4, 5 and 6, range 2 east, that are east of the Red River; which ward shall elect two ‘councillors. be ie ae “ 3,,composed of townships 5 and 6, ranges 3 and 4 east ; which shall elect three couneillors c79 CLXV. Mey 15, or Ste. Anne, shall sompriselie parish of Ste. %° Anne with townships 8 and 9, range 6 east, not including any of the parish of Lorette, and townships 7, 8 and 9, ranges 7, 8,9 and 10 east, and that part of township 7, range 6.east; not’ included in the Mennonite reserve, and shall be sub-divided into three wards as follows : Ward No. 1, composed of that part of township 7, range 6 east, not in Mennonite reserve, and township 7, ranges 7,8, 9 and 10 east ; which shall elect one councillor. “ “ 2, composed 9f township 9, ranges 7, 8, 9 and 10 east; which shall elect one councillor. te « 3, all the senndiader of fh municipality ; which ae elect the pemietoee four councillors. CLXVI. No. 16, or Taché, shall comprise ii parish of Lorette No. 16. and the east half of townships 8 and 9, range 4 east, and town- ships 8 and 9, range 5 east; and the council shall be elected by a general vote of the municipality. -CLXVIL' No.17, or St. Norbert, shall comprise the remainder No. 17. 41 42 No. 18. No. 19. No. 20. No. 21 Cap. 3. MUNICIPALITIES, of townships 8 and 9, range 4 east, not included.in Ste. Anne, all the settlement belt on the east side of Red River, between the southern and northern boundaries of the electoral division of LaVerandrye, township 7, range 4 east fractional ; _ and the council shall be elected by a general vote oftheelectors. CLVi. No. 18, or Cartier, shall, comprise the river belt, in- cluding the auber two miles on the west side of the Red River as included in the electoral. division of the same name, and shall. be sub-divided into wards for election of euunes! as fol- lows : Ward No, 1, composed of ia ge of the parishes of St. Vital and St. Norbert included in the munici- pality, which vee ae ee three nanan, a “ 2, eemposed of the caring portion of the muni- cipality, which shall elect three oo CLXIX. No. 19, or Kednibaiay shall comprise the eae division of the same name and townships 10 and 11, ranges 1 and 2 east (fractional), and shall be divided for electoral pur- poses as follows — : Ay ae “Fg! Ward No. 1, that part of the Parish of Headingly, south of the Assiniboine River, with fractional township 10, range 1 east ; which shall elect-one councillor. " « 9, that part of Headingly north of the river ; with oe Nl, range 1 east, shall elect one coun- cillor. ,. - « that part of the municipality east of. ward No. 1 and noth of the Assiniboine - River ; which: shall elect two councillors, a “« 4, the remainder, of the See which shall elect two councillors. CLXX, No. 20, or St. Boniface, shall be identical with the division of St. Boniface and shall be sub-divided into two wards for election of council as follows : eet Ward No.1, composed of that sartion of the Parish of St. Boniface north.of Provencher avenue and ‘west of the road allowance of the Pembina Branch of Canadian Pacific Railway, shell elect four councillors. | ae Pee a Ward No. 2, composed, of all the remainder of the munici- pality and shall elect. two councillors. CLXXI. No. 21, or Springfield, shall comprise the electoral t MUNICIPALITIES. Cap. 3. 43 division of. Springfield, not including any. part of the parishes of Kildonan and St. Paul’s except the outer two miles, and shall be divided into six wards, each of which shall elect one councillor, as, follows : nae, Ward No. 1 Sina of one il (factional) and 12 (fractional), range 4 east, together with the outer two miles of the parish of Kildonan East and that portion of the outer two miles of the parish of St. Paul Hest; extending into township 11. ce ce 2, composed of township 11, range 5 east. e 3, township 12, ranges 5, 6, 7, 8, 9 and 10 Sask ss se 4, township i, ranges 6, 7, 8,9 and 10 east. i "5, township 10, ranges 6, 7, 8, 9 and 10 east. . “ 6, township 10, range 5 east. OLXXIL No. 22, Kildonan, shall comprise the parish of Kil- Ne- 22. donan as at present constituted for municipal purposes and be divided into two wards : Ward No. 1, on the east side of the Red River, and Ward No. 2, on the west side, oct of which shall elect three councillors, CLXIII. No. 23, or St. Paul’s, shall comprise the parish of St. Nv. 2. Paul, including the outer two miles on the west side of Red River, and that part of the outer two miles on the east side of the Red River not included in Springfield, with township 12, ranges 1; 2 and. 3 (fractional) east, and shall be sub-divided for electoral purposes as follows : Township 12, ranges 1, 2 ard 3 (fractional) east shall elect one councillor, the remainder of the municipality shall elect the remaining five councillors, two from the east side and three from the west side of the Red River. OLXXIV, No. 24, or St. Andrews, shall comprise the electoral No. 24. divisions of St. Andrews and St. Clements, and shall be divided into six wards, each to elect one councillor, as follows : Ward No.1, composed of the part of St. Andrews south lying west of Red River, and the east half of town- , ship 13, range 3 east. a “ 2, composed of the part of St. Andrews North, lying west of Red River, and townships 13 and 14, range 4 east (fractional). +4 No. 26. | - No. 27. No. 28. No. 29. No. 30. Cap. 3. MUNICIPALITIES, Ward No. 3, the remainder of the electoral ‘division of St. ' Andrews. — = s 4, the part of St, aan South lying ‘east’ of Red River. iit iii opt ee ft “ 5, the part of St. Andrews ' ‘North ying east of Red River. “ “ 6, the senile of the municipality. CLXXV. No. 25, or Rockwood, shall be identical with the electoral division of Rockwood and shall be divided into six wards, each of which shall elect, one councillor as; follows : Ward No. 1, composed of township 13, range 2, and the "west half of township 18, range 3 east. 2, composed of township 13, range 1 east. 3, composed of townships I4and 15, range 1 east. 4, composed of township 14, range | 2, and west 4 14, range 3 east. iS 5, composed of township 15, range 2, and west 34 of 15, range 3 east. 6, composed of townships 16. and 17, ranges 1,2 and the west 4 of those townships i in mi 3 east. a cc “ce CLXIV, No. 26, or Hespeler, shall comprise that part of the Mennonite reserve east of Red River, deseribed as follows : township 7, ranges 4, 5 and 6 east, except the south-east quarter of township 7, range 6 east, and the council shall be elected by a general vote of the electors. CLXXVII. No 27, or Hanover, shall comprise townships 4, 5 and 6, ranges 5 and 6 east, except oe 4, range 5 east. . cand sie ‘ CLXXVIITI. No. 28, or La Broquerie, shall comprise town- ships 4, 5 and 6, ranges 7, 8,9 and 10 east. LAY CLXXIX. No. 29, or Macdonald, shall comprise the town- ships or fractional townships as included in the electoral divi- sion of Cartier, and the council shall be elected by: a general vote of the electors. me CLXXX. No. 30, or St. Davart, shall comprise all that. por- tion of territory north of township 15, between Lake Manito- ba and Shoal Lake, and the council shall be elected by a general vote of the electors. MUNICIPALITIES. Cap. 3. 45 \ CLXXXI. No. 31, or Montcalm, shall comprise townships 1, N°. *}. 2 and 3, range 1 and 2 west, and townships 1, 2 and 3, range 1 east, and fractional parts of 2 east with the settlement belt on the west side of the Red River, south of the municipality of Morris, and shall be divided into three wards, each of which shall elect two councillors as follows: Ward No. 1, township 1, range 1 and 2 west, and range 1 east, and fractional part of 2 east, including the settlement belt between the southern boundary of the municipality and lot No. 97. “ 2, township 2. range 1 and 2 west, and range 1 east, and fractional part of 2 east, including the settlement belt between ward No. 1 and lot No. 153. ms « 3, All the remainder of the municipality. CLXXXII. Provided, however, if the municipal council of Frovise- any of the foregoing municipalities shall haveredistributed their wards as provided by section 118 of chapter 64 of the Consoli- dated Statutes, such redistribution shall take the place of the division into wards as described by this Act: provided also, that after the expiration of the present year, the wards in the Further municipality of Cartier, shall be and remain as provided by” , this Act, notwithstanding section ninety-nine. CLXXXIII. This Act may be cited as “ The Municipalities Citation. Act of Manitoba.” ; CLXXXIV. The Act of the Province intituled “An Act res- Previous Acts pecting municipalities,” and known as “The Municipalities °° Act of Manitoba” is hereby repealed. CLXXXVI. The form of the municipalities Act assessment Sehedule A. roll shall .be the same as in Schedule A to this Act. CLXXXVI. The Act of this Province being chapter No. Lxrv. ofthe LXIV of the consolidated statutes, intituled “ An Act respect- gonsolidated ing municipalities” is hereby repealed: Provided always that tepealed. such repeal shall not revive any acts or parts of acts by it re- pealed, and provided also that all proceedings properly com- menced had, made or done under the said Act chaptered LXIV, or under the Act passed in the Fourth Legislature of this Pro- vince, intituled “ An Act respecting municipalities” or under any other Act of this Province, shall be valid, and may be con- tinued and completed under this. Act. and in such a way as not to interfere with any rights obtained by any person under the said Acts: provided always that in any municipality whose Proviso. limits are altered by the provisions of this Act, no change or alteration of the wards thereof shall take- place till after the first election of a council in such altered municipality : pro- AG Further | proviso. Form C. Cap. 3. MUNICIPALITIES, vided further, that no election shall take place in any munici- pality so changed, till after the expiration of the present year, when an election of warden and councillors shall be held. in all the said municipalities respectively under this Act.. FORM C. FORM OF TAX DEED, To all to whom these presents shall come : We, , of the of , Esquire, warden, and of the of Esquire, treasurer of the municipality of ; SEND GREETING : WHEREAS, by virtue of a warrant under the hand of the warden and seal of the said municipality, bearing date the day of , in the year of our Lord one thous- and eight hundred and , commanding the treasurer of the said municipality to levy upon the land. hereinafter men- tioned, for the arrears of taxes due thereon, with his costs, the treasurer of the said municipality did on the _ day of , in the year of our Lord one thousand eight hundred and , sell by public auction to , of the. of , in the county of , that certain parcel or tract of land and premises hereinafter mentioned, at and for the price or sum of of lawful money of Canada, on account of the arrears of taxes alleged to be due thereon up to the day of , in the year of our Lord one thousand eight hundred and , together with costs ; New know ye, that we, the said and , as warden and treasurer of the said municipality, in pursuance of such sale, and of “The Act.respecting Municipalities,” and forthe consideration aforesaid, do hereby grant, bargain and sell unto the said _, his heirs and assigns, allfthat certain parcel or tract of land and premises containing , being composed of - (describe the land so that the same may be readily identified). In witness whereof.we, the said warden and treasurer of the said municipality, have hereunto set our hands and affixed the seal of the said municipality this day of , in the year of our Lord one thousand eight hundred and : and the clerk of the municipal council has countersigned. [Corporate Seal]. A. B., Warden, C..D., Treasurer, Countersigned, E. F,, Clerk. AMEND CONSOLIDATED STATUTES. Cap. 11. 47 CAP. XI. An Act to amend certain of the™Acts forming parts of the Consolidated Statutes of Manitoba. [Assented to 25th May, 1881.] L Section nine of the consolidated statutes of Manitoba, repealed 3, chapter three, is ae repealed, and the following substituted in heu thereof : Electoral division oe one, or Westbourne, shall com- Westbourne. prise all the townships from thirteen to seventeen, inclusive, in ranges nine to twelve inclusive, and fractional townships sixteen and seventeen, range eight west, and the settlement of Westbourne. II. Section ten of the said chapter is hereby repealed, and An ae ie the following substituted in lieu thereof: Electoral division number two, or Norfolk, shall comprise all Norfolk. the townships from six to twelve, inclusive, in ranges from nine to twelve, inclusive. ' III. Section eleven of said chapter is hereby repealed and sec. 11 repeal- the following substituted in lieu thereof : substituted. © Electoral division number three, or Mountain, shall comprise all the townships from one to six, inclusive, in ranges from nine to twelve, inclusive. IV Section twenty-six is hereby repealed and the following sce, 26 substituted i in lieu thereof : ° repealed. The city of Winnipeg shall comprise two electoral divisions, Winnipeg thatistosay: numbereighteen, or Winnipeg North,shallcomprise". that portion of the said city known as the north ward and the westward ; and electoral division number thirty-one (31), or Winnipes Winnipeg South, shall comprise that portion of the said city known’as the south ward and the east ward : provided, how- proviso. ever, the changes made in the electoral divisions in the fore- going four sections shall come into force and effect only on and after a general election. V. Sections thirty-four to sixty, inclusive, of said chapter are gucs, 34 to 60, hereby repealed, and the following substituted in. lieu thereof : eee Thelist of electorsas now orhereafter compiledaccording to law, List ofelec- certified and returned to the clerk of the executive council, by the ore. 8 na clerks of the respective municipalities, incorporated cities -and Seturned fo towns, shall be held and taken to be the electoral lists of the Province, and of the several electoral divisions thereof, until the same are superceded by new or succeeding lists, certified and returned to the clerk of the executive council as herein- after provided. 48 Cap. 11. AMEND CONSOLIDATED STATUTES, mks Stpha- . V1. On or before the fifteenth day of August in each year, betical list. the clerk of the municipality of each city, town or municipality, shall make a, list in alphabetical order of all persons who, ac- cording to the valuation roll then in force in the municipality for local purposes and as then revised for local purposes, ap- pear to be electors by reason of. the real estate possessed or occupied by them as tenants or otherwise within the city, town or municipality. eee? VIL.’ The clerk, in drawing up the list of electors, shall dis- ownersor — tinguish the persons who appear, to be qualified as owners from those who appear to be qualified as lessees or occupants, and shall specify the persons who reside in such city, town or municipality, from those who are not residents therein. fire 1 on ‘VIIT. The clerk shall omit from the list of electors every per- person not” SON who under cap. three, section sixty-five of the consolidated 0) . . vote. , Statutes, is not entitled to vote. When muni- JX. If any municipality is situated partly in one electoral cipality is Ae ‘i me ‘ artlyinone division and partly in another, the clerks of each municipality partly in shall prepare in the same manner for each of such electoral another. — divisions, an alphabetical list of the persons who are electors therein. When apes X. Ifa person is an elector in more than one ward in an elector in electoral division, his name shall be entered in the list of. each oneward, ward of such electoral division in which he is an elector. Glerk tocer-; XI. The clerk shall certify the correctness of the list of elec- correctness of tors by him made by the following oath, take before a justice a of the peace : Oath. “T (name of clerk) swear, that, to the best of my knowledge and belief, the foregoing list of electors is correct, and that nothing has been inserted therein, or omitted therefrom, un- ‘duly or by fraud: So help me God.” Eachustto = XII. Each list must be attested under the foregoing oath. eames“ The list so attested shall be kept in the office of the clerk, at the disposal, and for the information of all persons interested. Glork 9 pubs XIII. The clerk, on the day upon which he shall take the notice. oath required by this Act shall give and publish public notice, setting forth that the list of electors has been prepared accord- ing to law, and has been lodged in his office, at the disposal and for the information of all persons interested ; and it shall be the duty of the clerk, on or before the twenty-fifth day of August, to post up in every postoffice and schoolhouse in the municipality, and in the office of the clerk of the county court for the municipality a certified copy of said list: provided always such clerk shall furnish to any person on application for the same a certified copy of such list on payment of five cents for every ten names therein. Proviso. AMEND CONSOLIDATED STATUTES, Cap. 11. 49 XIV. If the clerk has not made the alphabetic list of elec- When clerk, tors required by this Act, then the judge of the county court, alphabetical, on summary petition from the warden, or mayor, or councillor’ *" or other person entitled to be, entered. as an elector, shall ap- point a clerk ad-hoc to prepare the alphabetical list. of electors. XV. The clerk shall be personally liable for the costs incurred clerk to be on such petition, and for those incurred in drawing up the list Gan?" by the clerk ad hoc, unless the judge, for special reasons,deem it advisable to order otherwise, and in such case the costs shall be left to his discretion. XVI. The clerk ad hoc shall proceed, within fifteen days after Clerk to pre- notice of his appointment, to the preparation of the list of elec- PPS daysor tors. He shalt, for such purpose, become an officer of the mu- his appoint- nicipal council, and shall have the same powers to exercise and ; the same duties to discharge as the clerk of the municipality, and shall be subject to the same penalties in case of default or neglect on his part. XVII. The mayor, warden and the officers of the council, in Mayor or so far as the same is incumbent upon them, shall, under the qaiver to penalties prescribed by this Act, be bound to deliver to the clerk the val clerk ad hoc on his demand, the valuation roll which is to avail as the basis of the electoral list. XVIII. Any person whose name has been omitted from the When aname voters list so compiled and posted as aforesaid, may by him- opaltved from self or his agent within one month thereafter, notify the clerk {Rg,v°%* of the municipality of such division of his intention to apply at the next sitting of the county court having jurisdic- tion in said municipality to have his name added to said list and any elector finding that any name or names have been wrongfully put on said list may notify the clerk of the muni- cipality that he intends to apply at the next sitting of the county court to have such name or names struck off said list ; and in that case he shall notify the person whose name he asks.to be struck off at least five days. before the sitting of the county court of such, his intended application, and the clerk of the municipality in each of the cases aforesaid shall post and keep posted up in his office a list of the names of persons in said notices from the time they are so received by him until the sitting of the court aforesaid, and shall also send to the clerk of the county court for said municipality copies of said notices, and the clerk of ;the county court shall also post up and keep posted, in his said office, a list of the names of the persons contained in said notices from the time of receiving the same until the sitting of the court aforesaid. = XIX. The judge of the county court having jurisdiction in {udse to take said municipality shall take into consideration all the com- ation allcom- plaints in writing relating to the said list, and hear all persons Writing. interested, and the clerk of the said county court shall within one week make a return to the clerk of the municipality of 50 When list shall come into force. ¢ vhs Clerk to in- sert certifi- cate in form Duplicate to be transmit- ted to the clerk of the E. C. If after time not to invali- date. Cap. 11. AMEND CONSOLIDATED, STATUTES. _ the names which shall be so added or struck off by the said judge and shall add to, or strike off the said list, the names so added or struck off as aforesaid. XX. The list of electors shall come into force from and after the revision and return thereof to the clerk of the executive council as hereinafter provided, and shall. remain in force until _a new list is made and returned as aforesaid. e XXI_. It shall be the duty of the clerk as soon as the list of electors has been revised to insert at the end of such list, the certificate set forth in form A. XXII. The list of electors shall be kept in the archives of the city, town or municipality, and shall there remain on re- cord. XXIII. A duplicate thereof shall be qvariainitted 49 the clerk of the executive council within eight days following the day upon which such list shall have been revised by the clerk, or by the mayor, or warden, under a penalty of two hundred dollars, or of imprisoriment for six months in ‘default of: pay- ment, against each of them, in case of. contravention’ of this provision. . ey XXIV. Nevertheless the transiniedion of the Pe list to the clerk after the time prescribed by this Act, shall not: have’the _ effect of mnvalelaiting such’ list. Clerk of E. C. to preserve such lists. Costs of revision. Judge’s deci- sion final. oes to cor- rect list. When list has been altered or falsified. XXV. All lists of electors transmitted to the clerk of the executive council, or posted up in the office of the clerk of the county court, shall be preserved by such officer, and shall re- main on record in his office. The clerks on receipt of the said lists shall enter upon each the date of the reception thereof. XXIV. The costs of revision of the voters’ list shall be taxed at the discretion of the judge, for or against such of the parties as he shall deem advisable, and shall be recoverable under a writ of execution issued in the usual manner. XXVII. The decision of the judge shall be final. XXVIIL The clerks shall each correct the list of electors in ‘his possession according to the decision of the court. XXIX. If at any time it is made to appear to any judge of the county court, in term or'in vacation, that any of the per- sons having the custody of the lists of electors have altered or falsified, or “have permitted to be altered or falsified, the said lists in their possession, the judge shall require the said person or the person having the custody of the valuation roll, which served as the basis of the lists, to appear before him and to pro- duce the rolls and lists in “their possession, _ AMEND CONSOLIDATED STATUTES. Cap. 11. 51 XXX. At the time and place fixed for the appearance of such After expt persons, the judge after having examined the duplicates of the judge. lists produced by the clerk, together with the valuation roll, shall, with or without further proof, make the alterations or corrections which he shall deem necessary, to render the lists so altered or falsified, accurate and correct. XXXI. Every clerk of a city, town or municipality, who When cleric has refused or neglected to make the alphabetical list of elec-to make | tors as required by this Act, shall incur a penalty not exceed- fist. ing two hundred dollars, or imprisonment, not exceeding six Pen#"'y- months, in default of payment ; any clerk who, having made Glerk omits | the list, has wilfully inserted therein, or omitted therefrom, inganyname. any name which should not have been inserted therein or omitted therefrom, or who has otherwise altered or falsified the same, so that it ceases to be or is not an exact and correct list of all the electors entitled to be entered therein, shall incur a penalty not exceeding two hundred dollars, or imprisonment Penalty. not exceeding twelve months, in default of payment ; never- theless, any person who, under section three of the consolidated statutes of Manitoba, although entered on any such list of elec- tors is disqualified from voting, shall not be entitled to vote. AMEND CONSOLIDATED STATUTES. Cap. 11. 52 “TID “CV ‘de SSI AY - “Jo ep sty} ‘eqoqtmeyy jo souTAOIg oy} UI jo Ayunoo oy} ur 4e UI eLOJEq WIOMG ; , ‘pox our djeq og “Auetnpnesy io A[npun woyer0y} port 10 oSrEy} poxoqUe UE Sey Suryjou yey} pue ‘Me, 09 Surpsosoe pur yoor “10D ST POUOT}WIUL BA0Q*B S10J09]9 Jo AST] OY} Jol[eq pue espetmouy Aur jo ysoq oy 04 Fey} YYeO oxeUT T lao aa a 42 i | among wogm [E/B/EISIS/E/S/8| -f | Ee | & “syreurey “syueptser-uou | 4 s 3 81a |e Be, 7 = ¢ Eb = g ‘Iapio peomeqeydye g. , ES ; a 5 : jo soueprseyy Bs a 5 Bs § ae g UI S10}0979 JO SoUeN e ES SST reak 044 TOF | jo Aqredtoranuz 9y} ur 97engqis Io ‘ ‘ON WOISTAIP TeIOyOoTO oy} Fo uoIyz0d yey} 10,7 SHYOLOATA 4O LSTT / ‘V waoy AMEND CONSOLIDATED STATUTES. Cap. 11. 53 XXXII. Section twenty-six of the Consolidated Statutes of Sec, 26 ap. Manitoba, chapter eight, is hereby amended by striking out all the words in the first, second and third lines thereof, to the word “the following fees” and substituting therefor tho following: “All applicants for licenses shall, after hav- ing utherwise complied with all and every the necessary re- quirements, produce to the license commissioners a certificate signed by the treasurer of the municipality wherein such license is-to be granted that he has paid to the municipality ;” also by striking out in sub-section eight of said section the words and figures “twenty dollars,” and inserting in lieu thereof the words and figure “five dollars ;” also by adding the following Further, further proviso to said sub-section : provided further, that the °”°""°"" fees mentioned in each of the foregoing sub-sections may be increased by the council of the municipality to an amount not exceeding twice the above respective sums. XXXIII. Section twenty-eight of said chapicr is also here- Sec. 28 by amended, by striking out the proviso in said section, being ie all the words after the words “another license” in the twenty- fifth and twenty-sixth lines thereof. XXXIV. Sectiontwenty-nine of said chatpterishereby amend- See. 2 |, edby adding after the word “behalf,” in theseventh line, the fol- . lowing : “and the decision of the license commissioners on each application shall be final, subject only to the revocation thereof by themselves.” Also by striking out the word “five” in the ninth line, and substituting therefore the word “eight.” Also by striking out the word “twelve” in the eleventh line, and substituting therefore the word “fifteen.” XXXV. Section thirty of said chapter is hereby re- See. 30 repeal- pealed and the following substituted therefor: “It oe shall be lawful for the Lieutenant-Governor in Coun-!0¥* — cil annually to appoint license inspectors and to define their respective districts, and it shall be the duty of such license inspectors to inspect the hotel or tavern of each appli- cant for.a hotel or tavern license within their respective dis- tricts whose application is pending before the license commis- sioners, and to report to the license commissioners such facts relative to such inspection as will enable them in each case to decide whether it would be proper under the provisions here- of to grant a license or not; ard if in any such case any license inspector makes a false or incorrect report, knowing the same to be false or incorrect, or receives from any person'any fee or sum of money or other thing for making such report otherwise than as provided herein, he shall be deemed guilty of an offence, and upon conviction thereof shall be fined not more than two hundred dollars nor less than fifty dollars; and in default of immediate payment of such fine, with costs of pro- secution, he shall be imprisoned in the common jail for a term not more than six months, nor less than three months, unless the said fine and costs be sooner paid.” 54 Cap. 11. AMEND. CONSOLIDATED STATUTES. eluviihior XXXVI. Section thirty-one of said chapter is hereby ing substitut- repealed and the following substituted therefor: “It : shall be the duty of the license inspectors, at least once in every four months, to inspect all and every hotel, tavern or store licensed, wherein intoxicating liquors are sold, within their respective districts, and to report forthwith to the commissioners every case of infraction of the provisions herein contained ; and every license inspector shall at once and in conformity with the provisions herein contained, prosecute any person so offending, and he shall suffer no unnecessary de- lay to intervene between the information and prosecution.” oo ee XXXVII. Section thirty-three of said chapter is hereby amended by strikiny out the word “fifteen” in the fourth and fifth lines thereof, and substituting therefor the word “twelve.” pee a. XXXVIII. Section eighty-one of said chapter is heré- -- by amended by striking out the word “one” in the “third line and substituting therefor the word ‘ two,” and by adding after the word ‘Province in the fourth line the words “to form part of the consolidated fund of the Pro- vince.” meteor bal- .XXXIX. Sections eighty-two, eighty-four and eighty-five ed. of said chapter are hereby repealed. Sec. 96 amended. XL. Section ninety-six of the said chapter is hereby amend- ed by striking out in the twelfth line the words “at the,” and in the thirteenth line the words “time in” and the word “re- pair. Sec. 226, cap, XLI. Section two hundred and twenty-six of the consolidat- ~~ ed statutes of Manitoba, chapter nine, is hereby amended by: striking out.the words “and the buying and selling of lands”. in the ninth line of said section. Sub.-see. 30f XLIL Sub-section three of section two hundred and eighty- amended. six of the said chapter, is hereby amended by striking out all the words after the word “other” in the eleventh line and substituting therefor the words “to the satisfaction of thé law society.” ree. sicap. = XIII. Section three hundred and eighty-four of the consolidated statutes of Manitoba, chapter ten, is hereby re- pealed and the following substituted therefor: “At the close of the poll the mayor'shall count the yeas and nays, and within the four days following he shall lay before the council the result of the voting, showing whether the majority of the electors approved or disapproved such by-laws, and if the council desire to examine the poll books they shall: be forth- with laid before it, and in the case of an equal division of voters the mayor shall give the casting vote. cmended, XLIV, Section forty-one of the consolidated statutes of AMEND CONSOLIDATED STATUTES. Cap. 11. 55 Manitoba, chapter eighteen, is hereby amended by striking out the word “five” in the second line and substituting therefor the word “twelve.” XLV. Section sixty-four of said chapter is hereby amended gee. 64 by striking out the words “in the” in the third line thereof, amended. after the word “August.” XLVI. Section two of the consolidated statues of Manitoba, see. 2, cap. 20, chapter twenty, is hereby amended by striking out the words *™endt- “not exceeding twenty dollars” in the last line thereof, and substituting therefor the words “not less than ten dollars nor more than one hundred dollars.” _ XLVIL Section three of said chapter is also hereby amend- sce 3, cap. 20, ed by striking out all the words after the word “destroyed” in *™en"e*- the third and fourth lines thereof, and substituting therefor the words “any person appointed by the counci! of the munici- pality in which such land is situated, and the e:cpenses thereof shall be a charge on the said land and shall be collected as or- dinary municipal taxes.” XLVIII. Section four of the said chapter is also hereby gee, 4 an ot amended by striking out the words “twenty days” in the ninth amended. line, and substituting therefor ther words “three months.” XLIX, Section eleven of the consolidated statutes of Manito- $°%; 11, cap;_ ba, chapter twenty-seven, is hereby amended by striking out all the words in the second line, and the words “January in the next year” in the third line, and substituting theretor the following: “the beginning of January in one year to. the first day of January in the year following.” L. Section one of the consolidated statutes. of Manitoba, See: 1, cap. 20, chapter thirty, is hereby amended by striking out the words = “may apply for and receive” in the fifth line of said section, and substituting therefor “has applied for and received” or “shall apply for and receive” ; and also by striking out the word “to” in the seventh line of said section, and substituting therefor the words “such institulion or corporation shall be en- titled to.” - LI. Section fourteen of the Consolidated Statutes of Manito- Seo. M, cap. ba, chapter thirty-one, is hereby amended by inserting after’ rae the words “chief justice,” in the third and fourth lines, and be- fore the words “upon application ” in the fourth line, the words “or one of the puisne judges of said court.” LIL. Section eighteen of said chapter is hereby repealed. epee LILI. Sectiontwenty-one of said chapteris hereby amended by $¢¢. 21, cap. striking out in the third line the words “or a judge,” and by in- ’ sertingafterthewords “of all court business,” intheseventh line, the following “with the exception of motions for a new trial Sec. 24, cap. 31, amended. Sec. 25 repealed. Sec. 27, cap. 31, amended. Sec, 28, cap. 31, amended. Cap. 11. AMEND. CONSOLIDATED STATUTES. on account of some error on the part of the judge before whom the trial was had, motions. to enter or set aside a non-suit or any other matter, being in the nature of an appeal from the decision, judgment or order of a single judge, or such matters as the judges of the court may by rule or order appoint, to be heard before the full court or a judge shall direct to be heard by the full court.” LIV. Section twenty-four of said chapter is hereby amended by adding the following sub-sections : (a) “When issues of fact have been tried or damages assessed by a judge without the intervention of a jury the party shall be entitled to move against the verdict or finding of the judge by motion for non-suit, new trial or otherwise within the same time and on the same grounds (including objections against the sufficiency of the evidence or the view thereof taken by the judge) as allowed in.cases of trial or assessment of damages by a jury. (b) “Whenever the verdict or finding of the judge is moved against it shall not be obligatory on the court before which such motion is made to grant a new trial when the objections taken are objections against the sufficiency of the evidence or the view thereof, or of the law of the tase taken by the judge but the court may pronounce the verdict which in their judg- ment the judge who tried the case ought to have pronounced, and may amend or give the postea and enter verdict accord- ingly.” LY. Section twenty-five of said chapter is hereby repealed. LVI. Section twenty-seven of said chapter is hereby amended by striking out in the tenth and eleventh lines the words “on a proper case of urgency being shewn and made out: before him ” and inserting the words “upon it being made to appear upon an affidavit or affidavits (stating facts and circumstances) that unless a speedy trial be had either party will suffer material loss;” and striking out in the twelfth line the words “or without such summons,” and also by inserting after the word “judge” in the last line of said section the words “being stayed and withheld.” LVII. Section twenty-eight of said chapter is hereby amended by adding thereto the two following sub-sections “a” and “b”: (a.) A defendant in any action may set off or set up by way of counter claim against the claims of the plaintiff, any right’ or claim whether such set off or counter claim sound in damages or net ; , ° (b.) Such set off or counter claim shall have the same effect as it such relief were sought in a cross action so as to enable AMEND CONSOLIDATED STATUTES. Cap. 11. 57 the court to pronounce a final judgment in the same action both on the original and on the cross claim. LVIII. Sectionthirty-three of said chapteris hereby amended $e. 3, cap. by inserting in the second line, after the word “business,” “asthe ’ general agent,” and striking out the words after the words “shall be” in the ninth line to the word “any” in the eleventh line, and substituting therefor the words “treated as personal service upon such person, partnership, company, firm or cor- poration.” LIX. Section thirty-seven of the consolidated statutes of See. 37, cap, Manitoba, chapter thirty-six, is hereby amended by ’ ; striking out in the fourteenth, fifteenth and sixteenth lines of said section the words “and in such case the judge may, in his discretion but not otherwise, grant the application ; and if granted.” LX. Section eighty-three of the consolidatbd statutes of Sec. 88. cap. Manitoba, chapter thirty-seven, is hereby amended by striking ’ ; out from the word “upwards” in the twenty-third line to the word “and” in the twenty-sixth line, and by striking out the word “it” in the said twenty-sixth line, and substituting there- for the words “the writ of execution;” also by adding the fol- lowing sub-section to said section: (a.) Except writs of capias ad satisfacicendum every writ of Exception. execution shall bear date and be tested on the day on which it is issued and shall remain in force for one year from the test and no longer if unexecuted, unless renewed, but such writ may at any time before its expiration, and so from time to time during the continuance of the renewed writ, be renewed by the party issuing it for one year from the date of such re- newal by being marked in the margin with a memorandum to the effect following : “Renewed for one year from the day of Signed by the clerk or deputy clerk of the crown or other proper officer who issued such writ or by his successor in office ; Anda writ of execution so renewed shall have the eftect, and be entitled to priority according to the time of the origi- nal delivery to the sheriff: LXI. Section one of the “Consolidated Statutes of Manitoba,” See. 1, cap. 42, chapter forty-two, is hereby amended by striking out the pro-: , viso in said section, being all the words after the words “agree- ment” in the eleventh line thereof. LXIL. Section two of the said Act is hereby amended by strik- See. 2 ing out all the words in the first, second, third and fourth lines aprenne to the word “any.” 58 Cap. 11. AMEND CONSOLIDATED STATUTES, Sec. 4,cap. 49, XIII. Section four of the consolidated statutes of Mani- toba, chapter forty-nine, is hereby amended by striking out the word “six” in the twenty-eighth line thereof and substituting therefor the word “ten.” Peo G. ean a0, LXIV. Section six of said chapter is also hereby amended by striking out the word “county” in the third line thereof and substituting therefor. the words “judicial division.” . Sec. 5,cap. 53, LXV. Section five of the consolidated statutes of Manitoba, : chapter fifty-three,is hereby amended by striking out the words “two months” in the fourth line and substituting there- for the words “five days.” omen, . UXVIL. Sectiontwenty ofthe consolidated statutes of Manitoba, chapter sixty, is hereby amended by adding to sub-section one of said section twenty, the words “or before any justice of the. " peace.” : See dé cap, 6),, UXVIL Sub-section two of section forty-six of said chapter, repealed. is hereby repealed and the following substituted therefor : ree “For searching the registry books and’ indexes relating to the title of any lot of land as originally patented by the crown, or as afterwards subdivided into smailer lots shewn by any, ve-- gistered plan thereof, when not exceeding four references, twenty-five cents, and for every additional four references (or the fractional part thereof)’ twenty-five cents, but’ in no case shall a general search into the title to any particular lot, picce, or parcel of land, exceed the sum of two dollars. *s Sub.-sec. 4 of e i : 6 ee st aid fot dB cae LXVIII. Sub-section four of said section forty-six of said amended. chapter, is also hereby amended by striking out the word “fifty” and substituting therefor the words “twenty-five.” Sees LXIX. Sub-section six of said section, is also hereby amend- amended. ed by adding thereto the words “and swearing only, twenty- five cents.” Sub-see. Sof LXX. Sub-section eight of said section, is also hereby amended. amended by striking out the word “seventy-five” in the third line thereof snd substituting therefor the word “fifty.” a ance LXXI. Section fifty-two of said chapter is hereby amended by adding thereto the following sub-sections “a” and “ob. Following a.) Upon filing the map or plan of. any village or town, as vr eee in ihe caine section, ie shall be the sole privilege of the person, corporation or company to use the name by which any such town or village is designated on said map or plan. (b.) No person or persons shall use the name by which any such town or village site or plan is designated, in the sale or AMEND CONSOLIDATED STATUTES. Cap. 11. 59 conveyance of lands other than those included in the said town or village site, map or plan, and any sale made upon the representation of the vendor or his agent that the said lands so sold formed a part of the said town or village site, map or plan, may be voided at the option of the vendee, who shall have the right to recover back the money he may have paid therefor. : LXXII. Section nineteen of the “Consolidated Statutes of See, 19, cap. Manitoba” chapter sixty-five, is hereby amended by striking’ °°" out in the sixth and seventh lines the words “during her life- time.” LXXIIL. Section twelve of said chapter is hereby repealed Sec. 1% Cah and the following substituted therefor: “For and notwith- standing any law, usage or custom to the contrary, no hus- band shall be entitled to a tenancy by the courtesy in his wife's estate. LXXIV. Chapter sixty-five of the consolidated statutes of CP¥%,, ‘Manitoba, is hereby amended by adding the following sections thereto after section twenty-three of said chapter : LXXV. All the wages and personal earnings of a married Earnings of a woman, and any acquisition thereform and all proceeds or pro- woman. fits from any occupation or trade which she carries on separ- ately from her husband, or derived from any literary artistic or scientific skill, and all investments of such wages, earnings, moneys or property, shall, after the passing of this Act, be free from debts or dispositions of her husband, and shall be held and enjoyed by such married woman and disposed of without her husband’s consent as fully as if she were a femme sole ; and no order for protection shall hereafter be necessary in re- spect of any such earnings or acquisitions ; and the possession whether actual or construciive of the husband, of any personal property of any married woman, shall not render the same liable for his debts. LXXVI. A husband shall not be liable for any debts of his Husband not wife in respect of any employment or business in which. she is debts of wite. engaged on her own behalf, or in respects of any of her own , contracts. LXXVII. Any married woman shall be liable on any con- Married wo- tract made by her respecting her real-estate as if she were a for contract made by her. femme sole. LXXVIII. A married woman may maintain an action in her Married wo- own name for the recovery of any wages, earnings, money and maintain an property, by this or any other Act declared to be her separate $0 J2 ber property, and shall have in her own name the same remedies against all persons whomsoever for the protection and security of such wages, earnings, money and property, and of any chat- tels, or other her separate property for her own use, as if such & 60 Cap. 11. AMEND CONSOLIDATED STATUTES. wages, earnings, money, chattels and property belonged to her as an unmarried woman; and any married woman may be sued or proceeded against separately from. her husband in re- spect of any of her separate debts, engagements, contracts, or torts as if she were unmarried. ae LXXIX. Any married woman may become a stockholder or becomea § member of any bank, insurance company, or any other incor- stockholder. Horated company or association, as fully and effectually as if she were a femme sole, and may vote by proxy or otherwise, and enjoy the like rights as other stockholders or members. * May make LXXX. A married woman may make deposits of money in eposits of ° . ‘ money in her her own name in any savings or other bank and withdrawn ownpame- the same by her own cheque ; and any receipt or acquittance of such depositor shall be a sufficient legal discharge to any such bank. lisbte seams, UXXXI. Nothing hereinbefore contained, in reference to creditors of moneys deposited, or investments by any married woman, shall as against créditors of the husband give validity to any deposit or investment of moneys of the husband made in fraud of.such creditors, and any money so deposited or invested may be followed as if this Act had not been passed. Sec. 15, cap. LXXXII. Section fifteen of the consolidated statutes of 86, amended Manitoba, chapter sixty-six, is hereby amended by adding the following as sub-section “a” : (a.) And further it shall be lawful for a party who may heretofore have effected or may hereafter effect.an insurance or insurances upon his life and have’ made a declaration that such insurance or insurances shauld be for the benefit of his wife and children, at any time to revoke such direction as to his children, and upon such revocation it shall be lawful for said party, by and with the consent of his wife, who’shall join with her husband in the writing to sell, transfer, assign, surren- der, or mortgage such policy or policies of insurance, and all the interest of such party or wife to the monies secured there- by and all benefit therein. / FURTHER AMEND CONSOLIDATED STATUTES, Cap. 31. 61 CAP. XXXI. An Act to amend the Act passed this present session, intituled “An Act to amend certain of the Acts forming part of the Consolidated Statutes of Manitoba.” [Assented to 25th May, 1881.] The Legislative Assembly of the Province of Manitoba enacts as follows : I. Section thirty-four of said Act is hereby amended by add- See. 34, ing the following proviso to said section : , Provided that all such applications made for the City of Proviso. Winnipeg, shall be required to be published only for one week in two daily newspapers published in said City. CAP II. An Act to bring into force and operation “The Consolidated Statutes of Manitoba.” [Assented to 6th May, 181 .] Whereas by the Act forty-one Victoria, chapter three, and intituled, “An Act to quthorize.the consolidation of the general ‘statutes of the Province of Manitoba,” the Lieutenant-Governor was elnpowered to appoint a commission to consolidate the original statutes of the said Province; and it was amongst other things declared and enacted that it should be the duty of the said commission to classify, revise and consolidate the statutes of the said Province of a general and permanent character, and within the jurisdiction of the legislature of the said Province—including any laws made by the Council of Assiniboia, then in force (if any there were); and whereas by Acts subsequently passed in the forty-second year, and the forty-third year, respectively, of Her Majesty's reign, and chaptered, respectively, nine, and twenty-six, the said commis- sion was instructed and authorized to incorporate into the body of the said consolidated statutes, the several general and permanent statutes passed. by the legislature of the Province of Manitoba, during the years 1879 and 1880; and whereas, a commission was duly appointed, and it has reported the classification, revision and consolidation of the statutes afore- said, and in pursuance of: the Act forty-two Victoria, chapter nine, has caused a printed roll of the said statutes,so classified, revised and consolidated as aforesaid, marked with the letter Z, and attested as the roll of the said “ The Consolidated Statutes of Manitoba,” under the signature of the Lieutenant-Governor, ‘ and that of the clerk of the legislative assembly of Manitoba, to be deposited in the office of the clerk of the said legislative 62 Cap. 2. BRING INTO FORCE CONSOLIDATED STATUTES. assembly ; and whereas; the said_roll has attached to it a schedule, lettered A, containing in chronological order, a list of ‘the several Acts which have been classified, revised and con- solidated, and the.substance of which are contained -in the said roll of the said consolidated statutes, and, which said. several Acts, trom and after the said consolidated statutes should come into force and operation, were to be and stand repealed; and whereas, it has been thought expedient, in order-to give to the said: “ The Consolidated Statutes of Manitoba” the force and effect of law, that the legislature of Manitoba should. pass an Act,legalizing the same and every part thereof, and should de- clare the day from and after which the said roll andthe consoli- ' dated statutes therein contained should. eome. into. operation and have the force and effect of law, subject,to the linitations in forty-two. Victoria, chapter nine,contained, by the designation of “ The Consolidated Statutes of Manitoba” ; therefore, to effec- tuate the purposes aforesaid, The Legislative Assembly of the Province of Manitoba, enacts as follows: ee Red -. I, From and after the day of the passing of: this Act the roll of “The Consolidated Statutes of. Manitoba,” mentioned and referred to in the preamble to this Act, and so attested and deposited in the.ottice of the clerk of the legislative assem- bly as in the said preamble is set forth, and the several chap- ‘ters, parts, sections and clauses therein contained, being com- prised within. chapters one to chapter sixty-six, and being con- tained and included within the pages from the mathematical figure “1” to the figures “ 837,” both inclusive, in the said roli expressed, shall come into force and have operation and effect as’ law, by the: designation of “.The Consolidated Statutes. of Manitoba,” to all intents and purposes, as though the same and the several clauses, sections, parts and chapters therein contain- ed; were severally expressly embraced im eatenso in this Act, subject to the limitations in the Act, forty-two Victoria, chapter nine, contained. Yo ist II. Copies.of the said roll, printed. by. the Queen’s printer, shall be receyved: and admitted in all courts and places, and in ‘all matters, and the same shall have the.same force and effect, as the said original roll. III. On, from:and after the day of the passing of, this Act the several.:and respective Acts mentioned and enumerated in the schedule to said roll appended, marked A, and; every: of them, shall stand and be repealed, and have no effect, whatever. . EXTENSION OF BOUNDARIES. Cap. 1. 63: CAP. I. - edap.? An Act to provide for the extension of the boundaries ‘of the Province of Manitoba. ; ; [Assented to 4th March, L881]; Whereas, by chapter: twenty-eight of the Acts of the.Parlia- Preamble. ment of the United Kingdom of Great’ Britain and Ireland, passed in the session held in the thirty-fourth and thirty-fifth years of Her Majesty’s reign, intituled “An Act respecting the establishment of Provinces in the Dominion of Canada,” it is, - enacted that “the Parliament of Canaila may, from time to time, with the consent of the Legislature of any Province of the said Dominion, increase, diminish, or otherwise alter. the Ilmits of such Province, upon such terms: and conditions. as may be agreed to by the said Legislature, and may, with the like con- sent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in rela- tion to the Province affected thereby” ; And whereas it is expedient and desirable that the bound- aries: of the Province of Manitoba should be increased on terms. and conditions of a just character ; 2 bes ' Therefore the Legislative Assembly of Manitoba enacts ias follows : ar ; I. The Legislative Assembly of Manitoba consents that the Parliament of Canada may increase or otherwise alter the limits of the Province of Manitoba upon the terms and conditions set out in this Act, and may make provisions respecting the effect ,... .aaries of and operation of any such increase or alteration of territory ; extension of the increase or alteration of the limits of the Province to be so “@™%P*- that the boundaries thereof shall be as follows ; commencing at the intersection of the International boundary dividing Canada from the United States of America, by the centre line of the road allowance between the twenty-ninth and thirtieth ranges of townships lying west of the first principal meridian in the system of Dominion land surveys thence northerly following upon the said centre line of .the said road allowance, as the same is or may hereafter be located, defining the said range line on the ground across townships one to forty-six both in- elusive, to the intersection of the said centre line of the said road allowance by the centre line of the road allowance on the twelfth base line in the said system of the Dominion land sur- veys, thence easterly along the said centre line of the road allowance on the twelfth base line, following the same to its intersection by the easterly limits of the district of Keewatin as defined by the Act 39 Victoria, Chapter 21, that is to say, to a point where the said centre line of the road allowance on the twelfth base line would be intersected by a line drawn due north from where the westerly boundary of the Province of 64 Acts of the Dominion Cap. 1. EXTENSION OF BOUNDARIES. | Ontario intersects the aforesaid’ International Boundary Line dividing Canada from the United States ot America, thence due south, followiug upon the said line to the International Boundary aforesaid, and thence westerly following upon the said International Boundary Line dividing Canada from the United States of America te the place of beginning. II. The terms and conditions upon which such increase or alterations may be made are as follows : (a.) All the enactments and provisions of the Acts of the since creation Parliament.of the Dominion which have since the creation of of Manitob to apply tor new exten- sion. Canadian Pacific Rail- way provi- sions. Manitoba, been extended into and made to apply to said Pro- vince shal] extend and apply to the territory by this Act add- ed thereto as fully and effectually as if the same had originally formed: part of the Province, and the boundaries thereof had, in the first instance, been fixed and defined as is done by this Act. (b.) The said increased limit and the territory thereby added to the Province of Manitoba shall be subject 1o all such provi- sions as may have been or shall hereafter be enacted respect- ing the Canadian Pacific Railway and the lands to be granted in aid thereof. TIT. All Acts:and parts of Acts inconsistent with this Act are hereby repealed, TO EXTEND THE LAWS OF MANITOBA. Cap. 6. CAP. VI. An Act to extend the Laws of Manitoba and to provide for the Government of those parts of the territory to be added to the Province by the extension of its boundaries. [Assented to 25th May, 1881.] WHEREAS, by an Act of the Legislature of Manitoba passed the present session thereof, held in the present year of the reign of Her Majesty, and intituled “An Act to provide for the Extension of the Boundaries of Manitoba,” the Legislature 65 of this Province did consent to the increase in the territory of Preamble. this Province upon the terms and conditions hereinafter (in an Act of the Parliament of Canada, passed in the last session of the said Parliament, and intituled “ An Act to provide for the Extension of the Boundaries of the Province of Manitoba” ) contained and expressed—that is to say, “TJ, The Province of Manitoba shall be increased as herein- ee after defined, that is to say so that the boundaries thereof . shall be as follows :—Commencing at the intersection of the International Boundary dividing Canada from the United States of America by the centre of the road allowance be- tween the twenty-ninth and thirtieth ranges of townships lying west of the first principal meridian in the system of Dominion Land surveys, thence northerly following upon the said centre of the said road allowance as the same is or may hereafter be located, defining the said range line on the ground across townships one to forty-four, both inclusive, to the intersection of the said centre of- the said road allowance by the centre of the road allowance on the twelfth base line in the said system of Dominion Land ‘surveys, thence easterly along the said centre of the road allowance on the twelfth base line following the same to its intersection by the easterly limit of the District of Keewatin, as defined by the Act thirty- nine Victoria, chapter twenty-one, that is to say, to a point where the said centre of the road allowance on the twelfth base line would be intersected by.a line drawn due north from where the westerly boundary of the Province of Ontario inter- sects the aforesaid International Boundary Line dividing Can- ada from the United States of America, thence due south fol- lowing upon the said line of the International Boundary afore- said, and thence westerly following upon the said Internation- al Boundary Line dividing Canada from the United States of America to the place of beginning, and all the land embraced by the said description, not now within the Province of Mani- toba. II. The terms and conditions upon which such increase is Terms ana ‘ conditions of made are as follows: increase. (a) All the enactments and provisions of all the Acts of the Parliament of Canada which have since the creation of the 6G Cap. 6. TO EXTEND THE LAWS OF MANITOBA. Province of Manitoba been. extended into and made to apply to the said Province shall extend and apply to the territory, by this Act added thereto, as fully and effectually as if the same had originally formed part of the :Province-.and. the boundaries thereof had in the first instance ‘been fixed and de- fined as is done by this Act, subject however to the provisions of section three of this Act. 6. °.! OW ait aad f ie Cg a 1 (). The said, increased limit and the territory thereby added to the Province of Manitoba shall be subject to all such provi- sions as. may have been or shall,,hereafter be enacted. re- specting the Canadian Pacific Railway,.and the lands to be granted in aid thereof.’ ::),, 5 . me got Laws in force . j ag in i i page tp Jones JIT. All Laws and Ordinances in force in the territory here- time of this by added to the Provinee of Manitoba at, the time of the com- into foree. ing into force of this Act, and all Courts of Civil and Criminal Jurisdiction and all legal commissions, powers, and authori- vise ties, and alli officers, judicial, administrative, and’ ministerial i existing therein at the time of coming into force of this Act, shall continue therein, as if.such territory had not been added to the said Province, subject nevertheless with respect to mat-. ters within the legislative authority of the Legislature of the Province of Manitoba to be repealed, abolished, or altered by the said Legislature. TUNG ag 7 By proclama- » IV. This Act shall come into force only upon from and after a day to be appointed in that behalf by proclamation of the Governor.,published:in the Cunada Guzette.” unde 4 ae ee tabs tAnd whereas the Legislature of. this Province hath. con- sented to and. doth adopi the /severalitérms.and conditions aforesaid in the said Act of the Parliament.of Canada contain- ed, and it hath become expedient and necessary for the Legis- lature of this Province to make provision for the extension of the Laws of Manitoba to, and to provide for the government of, the territory and inhabitants so to be added.to the Province of Manitoha as aforesaid as an integral portion thereof, t nabs Therefore the Legislative Assembly of the Province of Manitoba enacts as follows : aoa age Ferms to be I. ‘When and so soon as'the Act of the Parliament of Cana- clamation of da, mentioned and recited in the preamble to this Act, shall Gov.-General: core into force and operation by the terms of: a proclamation to be issued in pursuance of the said Act,‘by: the Governor- General of Canada as in that Act is provided, the territorial boundaries and limits of the Province of Manitoba shall be ex- tended and increased as in that Act is mentioned and expressed, subject to the terms and conditions therein’ contained. and ‘the said Act aud all the enactments and provisions thereof shall - have the force and effect of ‘law in’-this Province so enlarged and increased as aforesaid, and immediately thereafter the said TO EXTEND THE LAWS UF MANITOBA. Uap. 6. 67 additional territury and the inhabitants thereof and all officers therein within the executive authority or Legislative jurisdic- tion of the Province of Manitoba shall, as an integral part or portion of this Province, and as officers of the Government of Subject to Manitoba, be respectively, subject to all the laws and executive Manitoba. regulations of the Province of Manitoba. II. Provided always, and it is hereby declared and enacted Proviso. that all laws and ordinances in force in the said territory so to be added to and to form part of the Province of Manitoba as aforesaid, at the time of the coming into force of the said Act of the Parliament of Canada as aforesaid, and all courts of civil and criminal jurisdiction, all registration offices for the registration of titles to lands, and all legal commissions, powers and authorities, and all officers, judicial, administrative and ministerial existing therein at the time of the coming into force of the said Act of the Parliament of Canada, shall continue there- in until the same and every of them which are or is within the executive and legislative authority and jurisdiction of the Pro- ‘vince of Manitoba, are or is from time to time, as may seem expedient, by order in council to be published in the Manitoba Gazette, altered or changed and brought under and subject to the laws of the Province of Manitoba; and the Lieutenant- Governor in Council is hereby declared to have and possess full power and authority to pass all orders in council and revoke and substitute others therefor, requisite or necessary in the premises. TI. This Act shall come into force only upon, from and ee after a’day to be appointed in that behalf by proclamation of force. the Lieutenant-Governor in Council,.to be published in the Manitoba Gazette.