or his nominee 3. In every case where a judge may take effects into his Power of judge own hands and apply them in the course of administration, or to administer. grant administration to a nominee of his own or to a third person, such judge or person to whom letters of administration have been committed shall have full power to deal with and dispose of any such estate to the best advantage. tion of intes no heir at law 4. Where there is no known heir at law or next of kin Administra of a deceased intestate, or other person within the jurisdiction tates estates of a Surrogate Court, properly entitled in the opinion of the where there is Judge of such court to administration of the estate and effects or next of kin. of such intestate; and the said judge shall grant administration to a nominee of his own; he shall in due course call upon such nominee to render an account to the said court of his administration, and if after the payment of all lawful debts of the deceased, there shall remain any residue of the estate in the hands of the administrator, to which, at the time said account is ordered to be rendered, no lawful claim has been proved, the judge shall report the facts of the case to the Attorney-General of the Province, and shall thereafter make such order as to the disposal of said residue, as by said Attorney General he may be advised; provided however that said judge may tax and allow to such administrator out of such residue such costs and charges as he shall consider the administrator entitled to, taking the work done and the value of the estate into consideration. report to General. 5. Where the said judge shall have taken the estate and Judge shall effects of a diseased intestate into his own hands for admini- Attorneystration, and no lawful heirs or next of kin of the diseased shall appear as claimants on said estate within six months from the time of assuming such administration, the judge shall report the facts and particulars of the case to the AttorneyGeneral, and make further reports from time to time at intervals, not greater than six months apart until the said AttorneyGeneral shall think proper to make an order or give instruction as to the then present or final disposition of said estate or of the residue thereof in the hands or control of said judge; and the said judge shall from time to time in the course of his Remuneration administration of the estate be entitled to pay or retain there- certificate of out such per centage or remuneration for his costs, trouble Q. B. judge. · and expenses in connection with such administration as the Chief Justice of the Court of Queens Bench or in his absence any judge of said court shall certify to be a just and reasonable allowance. to be paid on repealed and 6. Schedule "C" of the said chapter twenty-eight of the Schedule C. Statutes of this Province, passed in the forty-fourth year of amended. Her Majesty's reign, is hereby repealed, and the following substituted therefor: SCHEDULE "C." Clerk's fees. FEES PAYABLE ON PROCEEDINGS IN THE OFFICES OF SURRO GATE CLERKS. On every application for probate or administration or On ianship under seal of court..... 50 50 50 1 50 If exceeding three folios, 20c. per folio for each folio over Certified copy of will when required, per folio, 20c. Every certificate of search, with seal .. If over three folios, 20c. per folio for each folio over three. Every summons, citation or other process issued under Receiving and entering bond on appeal. 50 1.00 1 00 1 00 50 1 00 On every final judgment in contentious or disputed cases.. On every grant of probate or follows: administration Where the property devolving is under $1000 For every additional $1000 50 as 50 50 On every grant of guardianship, including seal of court.. 1 50 Registrar's fees. ON PROCEEDINGS IN THE OFFICE OF THE SURROGATE REGISTRAR. To be paid by stamps of the Consolidated Fund. On every search for grant of probate, administration, On every certificate of search or extract.... On every order made on application to a judge and trans- On entry of appeal... 1.00 888 50 80 On every decree of appeal and transmission, exclusive of 3.00 50 2.50 cil may alter 7. The Lieutenant-Governor-in-Council may from time to L.-G.-in-Countime alter, vary or amend the fees to be charged by the Sur-fees. rogate Registrar and by Surrogate clerks. 8. This Act shall come into force on the day of its sanction. Act in force. CAP. VI. An Act respecting the Manitoba Asylum for the Insane and the confinement of persons therein. C:7-500; €23.57 V. [Assented to 19th April, 1886.] Whereas it is expedient to consolidate, revise and amend Preamble. the Acts in force in the Province of Manitoba respecting the confinement in the asylum for the insane, of lunatics and persons of unsound mind, THEREFORE ER MAJESTY, by and with the advice and consent H follows: DANGEROUS LUNATICS. and warrants ous persons. 1. When an information is laid before one or more justices Informations of the peace for Manitoba, that any person, being within the for apprepenlimits of the jurisdiction of such justice or justices, is, or is sion of dangersuspected and believed by the person laying such information to be insane and dangerous to be at large, and has exhibited a purpose of committing some crime, for which, if committed, such person would be liable to be indicted, or that he has exhibited a purpose of doing some grevious bodily harm to himself, such justice or justices of the peace may issue his or their warrant to apprehend such person, and to cause him to be brought before such justice or justices, or any other justice or justices for the same territorial division. 38 Vic., c. 22, s. 1. C. S. M., c. 58, s. 1. warrant. 2. Every such warrant shall be under the hand and seal of Form of the justice or justices issuing the same, and may be directed to all or any of the constables or other peace officers Commitment to prison or to other person. of the territorial division within which the justice or justices issuing the same has or have jurisdiction; and it shall name or otherwise describe the person against whom the information has been laid, and it shall state that information has been laid on oath, that such person is insane and dangerous to be at large; and the warrant shall order the person or persons to whom it is directed to apprehend the person against whom such information has been laid, and to bring him before the justice or justices issuing the warrant, or before some other justice or justices of the peace for the territorial division, in order that inquiry may be made respecting the sanity of such person, and that he may be further dealt with according to law. Such warrant may be in the form A annexed to this Act. 38 Vic., c. 22, s. 2. C. S. M., c. 58, s. 2. 3. When the person alleged to be insane has been apprethe custody of hended under the warrant, he shall be brought before the said a constable or justice or justices of the peace or some other justice or justices for the same territorial division; and the justice or justices may thereupon, by his or their warrant (form B), commit the said alleged insane person to the common gaol or other prison; or if the justice or justices shall think fit, to the custody of the constable or other person who apprehended him, or to such other safe custody as the justice or justices may deem fit, pending enquiry as to whether he be or be not insane; and Hearing case. may order the person so apprehended to be brought up at a certain time and place, before the justice or justices of which order the informant shall have due notice; or the justice or justices may, if he or they consider fitting, proceed forthwith to hear the matter as in the next following section directed: but no committal under this section shall be for a longer period than three days. 38 V., c. 22, s. 3; C. S. M. c. 58, s. 3. Proviso. insanity, habits, etc. Evidence as to 4. Upon the day so appointed, the said justice or justices shall proceed to hear such evidence, under oath, as may be adduced with reference to the alleged insanity of the person, and shall then, if not previously done, direct inquiry to be made as to the friends and relatives of the prisoner, in order that the evidence of some person or persons who is or are acquainted with the family and previous habits of the person, may be had or communicated with before the committal of the person to custody as an insane person. 38 V., c. 22, s. 4; C. S. M. c. 58, s. 4. Adjournments and remands. 5. Such justice or justices may, from time to time, adjourn the enquiry, and again commit for safe custody, until proper inquiry is made, as herein directed, but no such adjournment or commital shall at any time be for more than three days. 38 V., c. 22, s. 5; C. S. M., c. 58, s. 5. safe custody. 6. If, after reasonable inquiry has been made by the justice Committal for or justices, he or they is or are satisfied that the person is insane and dangerous to be at large, such justice or justices shall commit (Form C) such person to the common gaol of the district in which such inquiry takes place, there to remain until the pleasure of the Lieutenant-Governor be known, or until he be discharged according to law. 38 V., c. 22, s. 6; C. S. M., c. 58, s. 6, not insane or 7. In case it shall appear to such justice or justices upon Discharge if such inquiry. that such person is not insane, or is not danger- dangerous. ous to be at large, then such justice or justices shall forthwith discharge such person from custody. 38 V., c. 22, s. 7; C. S. M., c. 58, s. 7. history and insane persons. resources of 8. If the justice or justices is or are satisfied that the person Enquiry as to so apprehended as aforesaid is insane and dangerous to be at large, it shall also be the duty of such justice or justices to make inquiry whether such person is possessed of any and what property, and where the same is situated, and also as to the number of persons, (if any) who are dependent for support upon such person; so that it may be ascertained whether such person should be sustained as an insane pauper or not. (Form K) 38 V., c. 22, s. 8; C. S. M., c. 58, s. 8. be elicited. 9. It shall also be the duty of such justice or justices, upon Information to the examination of the witnesses in respect to such alleged insanity, and the danger of permitting the person apprehended to be at large, to elicit so far as such justice or justices may be able, all information in respect to matters mentioned in Form K. annexed to this Act. 38 V., c. 22, s. 9; C. S. M., c. 58, s. 9. cused from quiries in cer 10. If, in the opinion of the said justice or justices, it will Justices exbe much less expensive to make the inquiries directed in the making intwo preceeding sections in the locality to which the person tain cases. belongs, or in case he or they find that the persons whom it is necessary to examine, in order to obtain the information desired, live at a considerable distance, the justice or justices may, in lieu of making said inquiries, certify such fact or facts, and such justice or justices shall in such cases be excused from making such inquiries. 38 V., c. 22, s. 10; C S. M., c. 58, s. 10. 11. The justice or justices before whom such inquiry is Transmition had, shall, if the person be found insane, forthwith send of papers. certified to the keeper of the gaol to which such insane person is committed, the information and depositions taken before him or them, and also the certificate (if any) given under the next two preceding sections; and such keeper of the gaol |