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CAP. XXVI.

44 Vic. c. 7, sec. 4, amended.

Municipality of Rockwood

An Act to amend certain Acts therein Mentioned, and for Other Purposes.

H

[Assented to 28th May, 1886.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as

follows :

1. Section four of Chapter seven of the Acts of this Province passed in the forty-fourth year of Her Majesty's reign (assented to on the 23rd day of December, A. D. 1880), is hereby amended by striking out the words "one hundred thousand" in the second line thereof and substituting therefor the words "one million," and by striking out all the words in the said section from and including the word "with," in the third line thereof.

2. Every person assessed upon the assessment roll of the statutelabor municipality of Rockwood for the year 1884 shall be and is hereby declared to have been since said assessment liable to statute labor for that year according to the amount of such assessment as follows:-To any sum up to two hundred dollars ($200) one day, and an additional day for every two hundred dollars ($200) or fraction thereof, not less than one hundred dollars ($100); provided, however, that this clause shall not apply to any person or persons who before the first day of March, A. D. 1885, applied by way of affidavit and summons to the county court to quash By-law 57 of said municipality.

Trustees may

estate for

a will becom

since 15th July 1870.

3. Where by any will coming into operation after the 15th provide out of day of July, 1870, a testator charges his real estate or any charges under specific portion thereof with the payment of his debts ing operative or with or with the payment of any legacy or other specific sum of money and devises the estate so charged to any trustee or trustees for the whole of his estate or interest therein and does not make any provision for the raising of such debt, legacy or sum of money out of such estate, the said devisee or devisees in trust, notwithstanding any trusts actually declared by the testator may raise such debt, legacy or money as aforesaid by a sale and absolute disposition by public auction or private contract of the said real estate or any part thereof or by a mortgage of the same or partly in one made and partly in the other, and any deed or deeds of mortgage so executed may receive such rate of interest and fix such period or periods of repayment as the person or persons executing the same think proper.

4. The Act passed during the present session of the Legis- Cap. 25 of lature of this Province and intituled "An Act to provide for present session the granting of aid to the Winnipeg and Hudson's Bay Rail

amended.

way and Steamship Navigation Company," is hereby amended Repealed. 19-40-50%

so as to correct the error in the name of the said company by striking out the word "navigation" in the title of the said Act and in each place where it occurs in the said Act as part of the name of the said company which has undertaken the construction and completion of the said Hudson Bay Railway.

5. The said last mentioned Act is further amended by Cap. 25 of adding thereto the following section:

present session
further
amended.

Repealed

3. It is hereby further declared that the said railway must be constructed, equipped and operated in accordance with the terms and conditions expressed in said Act within the period 4./.2.400569. of five years from the coming into force thereof, otherwise the company shall forfeit the guarantee referred to in section One

therein.

peals from con

6. Any person who, at the date of the passing of this Act, Trial of aphas given or may hereafter give notice of appeal from the victions by summary conviction of a justice of the peace, stipendiary jury in county magistrate or police magistrate, to the county court of the county where the cause of the information or complaint arose

court.

shall have the said appeal duly heard and determined in the S.117.50 V.

said county court, may at the request of either party or of his own motion, empanel a jury to try the said appeal in the same manner as other causes are tried by a jury in the said county

court.

doubts respect

1886, &c.

AND WHEREAS there exist certain doubts as to the val- Recital of idity of the elections held in and for the municipality of St. ing St. Norbert Norbert in the months of December and January last, and elections for as to the rights of the council of said municipality as at present constituted to hold office, and whereas the municipality of St. Norbert by error neglected to have an assessment for the year 1885 and no taxes of any kind were levied or collected for that year, and it is desirable that the municipality should have power and authority to collect during the year 1886 a sum sufficient for the requirements of both years; therefore it is further enacted by Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, as follows, that is to say :

clared duly

7. The council of the municipality of St. Norbert as at St. Norbert present constituted and claiming to hold office rightfully, and council decomposed of John Kenny as reeve, and Pierre Delorme, Pierre elected and Gauthier, Joseph Saint-Germain. Simon Saint-Germain, acts legalized. Damase LeBlanc and Joseph Riel as councillors, is hereby

legalized and declared to be the council of the municipality of St, Norbert for the year 1886, and all measures, resolutions, by-laws, acts and things passed, made taken and executed by the said council in compliance with or under the authority of the municipal laws of the Province are hereby legalized and declared to be good and valid and have full force and Books, papers, effect; and the seal, books minutes, by-laws, accounts, vouchers, rolls, and all documents, papers and archives generally of the municipality of St. Norbert, or of the council of the said municipality, are hereby declared to be the property of the council of the municipality of St. Norbert composed as set forth in the present clause.

etc., vested in council.

School and

municipal tax

1886.

8. The municipality of St Norbert shall have power to levy es for 1885 and on the assessment for the year 1886 a rate for school as well as for municipal and other purposes, sufficient for the requirements of said municipality for the said years of 1885 and 1886, notwithstanding that by so doing the rate may exceed that limited by law for any one year.

Act in force.

9. This Act shall come into force on the day of its sanction.

48 Vic. c. 55, sec. 1, ss 3 amended.

(See sec. 2 of cap. 25 supra.)

Act in force.

CAP. XXVII.

Repealed. S. 19. C.40-500.
0.19.

An Act to amend the Act to aid the Construction of
the Winnipeg and Hudson's Bay Railway and
Steamship Company.

HE

[Assented to 28th May 1886.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

1. Sub-section three of the first section of the Act passed in the forty-eighth year of Her Majesty's reign, chaptered fiftyfive, and intituled, "An Act to aid the Construction of the Winnipeg and Hudson's Bay Railway and Steamship Company," is hereby amended by striking out the words "two years" where they occur together therein, and substituting therefor the words "three years"; and by striking out the words " five years where they occur together therein, and substituting therefor the words "six years."

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2. This Act shall come into force on the day it receives assent.

CAP. XXVIII.

An Act to amend "The Real Property Act of 1885,' and for other purposes.

[Assented to 28th May, 1886.]

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Whereas it is expedient to amend "The Real Property Act, Preamble. 1885," and to further the objects of the said Act;

THEREFORE

HE

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:—

1. Sub-section twelve (12) of section three (3) of said Act is Sec. 3 ss 12 hereby amended by adding thereto as a further sub-section "A": amended. "The expression 'memorial' shall mean and include a duplicate

of

any instrument as well as a memorial thereof."

2. Section 9 is hereby amended by striking out the word Sec. 9 amended "may" in the first line, and substituting the word "shall” therefor, and adding at the end of said section "and shall regulate" and control the officers affected thereby and the working of and procedure in said office."

3. Section 16 of said Act is hereby repealed, and the follow- Sec. 16 ing substituted therefor:

amended.

of new land

16. Whenever the province is sub-divided into registration Organization divisions under this Act, and new "land titles offices," or an titles offices. additional "land titles office" established, the Registrar-General shall cause to be furnished to such new offices or office, copies of all registers or entries of any instruments in the "land titles office" affecting the lands in such new registration divisions, of indexes of names, and of lots or parts of lots, and also all the documents or instruments affecting the said lands which may be on file in said office; and the registrar of such new division (or deputy, or his successor, as the case may be) shall keep the same in the office of the new division and deal with the same in the same manner as the Registrar-General would do if the new division had not been established.

4. Section twenty (20) of said Act is hereby repealed, and Sec. 20 the following substituted therefor:

amended.

20. "The land titles office" shall be kept open on all days Office hours. except legal holidays from the hour of 10 o'clock in the forenoon until three o'clock in the afternoon on each week day,

Sec. 21 amended.

Sec. 28 amended.

Sec. 29 amended.

except Saturday, and on Saturday until one o'clock in the afternoon, and except within the said hours no certificate shall issue nor registration be effected.

5. Section 21 of the said Act is hereby amended by striking out the words "shall be held to be chattels real and" in the third and fourth lines thereof.

6. Section 28 of said Act is hereby amended by adding after the word "Manitoba" in the third line thereof the words or lands sold for taxes."

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7. Section 29 of the said Act is hereby amended by adding after the word "crown" in the second line thereof the words "or tax sale deeds granted therefor," and by adding after the word "patent" in the same line, the words or tax sale deeds;' Tax sale deeds. and by adding after the word "patent" in the third line thereof the words "or tax sale deed;" and by adding at the end of the said section the following: "Provided always that in cases of tax sale deeds it shall not be necessary for the Registrar-General to procure any abstract of title of the land prior to the sale, but only to satisfy himself that the sale of the said land was fairly and openly conducted."

Sec. 39 amended.

See. 44 amended.

Form of summons.

Sec. 51 amended.

8. Section 39 of said Act is hereby amended by adding the words " or by tax sale deed" after the word "crown" in the second line, and by striking out the words "and shall be accompanied by the affidavit of the applicant also in the prescribed form," and inserting in lieu thereof the words, The statements made in the application shall be verified by the affidavit of the applicant or the person acting in his name or on his behalf.

9. Section 44 of the said Act is hereby amended by inserting after the words "as aforesaid," in the second line of subsection 2 the words "or any person whose evidence may be necessary or material in respect to any such lands," and by striking out the words "grant," in the ninth and fourteenth lines of sub-section "9," and inserting in lieu thereof the words "certificate of title."

The form of summons schedule "B" to this Act shall be the prescribed form referred to in sub-section 3 of section 44 of said Act.

10. Section 51 of the said Act is hereby amended by adding after the word crown" in the first line thereof the words "or holder of a tax sale deed," and by adding after the word applicant" in the twelfth line thereof the words "or in the case of a tax sale deed if the Registrar-General or other

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