"6. In the month of June in each year, the Secretary of the Prov. Sec. to Province shall report to the Lieutenant-Governor-in-Council, make lists the names of all salaried officers, clerks and other persons who shall be held to be under permanent appointments for the purposes of this Act; and on such names being approved of by the Lieutenant-Governor-in-Council, this Act shall apply to such permanent officers, clerks and other persons."

2. This Act shall come into force and effect on the day on Act in force. which it is assented to by the Lieutenant-Governor.

CAP. XXXIV.

Repealed. S.268-500.

An Act to Amend the County Courts Acts.

[Assented to 28th May, 1886.]

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

1. The offices of the several county courts shall be opened Office hours. from ten o'clock in the forenoon until four o'clock in the after

noon of each legal day except Saturday, and except what is known as long and short vacation, that is from the first day

of July to the twenty-first day of August inclusive, and from. 39, 50v. the twenty-second day of December to the sixth day of January inclusive, when the said offices shall not be required to be kept open after one o'clock in the afternoon, except, however, that during the sitting of any county court, whether in vacation or otherwise the office of said court shall be open during such further hours as the judge may order.

court judges.

1.250

2. In cases of revision of legislative voters' lists, and all Fees of county appeals therefrom the county court judge shall, if such payment is not otherwise provided for, upon his certifying to the Provincial Secretary his actual moving expenses necessarily expended in such matter, be entitled to be paid out of the Consolidated Revenue Fund such actual moving expenses and the further sum of five dollars per day for each day or fraction of a day necessarily occupied in the performance of such duties.

s. 33 amended.

3. Sub-section one of Section 33 of Chapter 34 of the Con- C. s. M., c. 34, solidated Statutes of Manitoba is hereby amended by striking out the words "one hundred" in the fourth line thereof and substituting therefor the words "two hundred and fifty.”

C. S. M., c. 34,

s. 37 amended.

8.45-500.

4. Section 37 of said Chapter 34 is hereby amended by adding thereto the following sub-section :—

Claims and set (1.) A claim in contract for any amount may be sued or off over $250. pleaded as a set-off in the county court provided the excess over the sum of two hundred and fifty dollars is abandoned. In case of such abandonment a recovery shall be in full for the whole claim including the excess so abandoned. When the excess is abandoned it must be done in the first instance on the claim or set-off filed. Provided in no case shall a greater amount than the sum of two hundred and fifty dollars be recovered in the county court.

Section 47
amended.

Personal
service.

S153

Service out.

5. Section 47 of said Chapter 34 is hereby amended by adding thereto the following sub-sections :

(1.) In all cases where a sum greater than twenty dollars is claimed the service of the summons and the account or the particulars of the claim or demand shall be made upon the defendant or defendants personally, except as provided in section forty-eight.

(2.) Writs of summons may be served on a defendant or side province. defendants in any Province of the Dominion of Canada or in the Northwest Territories or any other portion of the Dominion of Canada. Writed state of America

6. Section 50 of said Chapter 34 is hereby amended by adding thereto the following sub-section :

(1.) This section shall not invalidate the service or execution of any summons, order, precept, warrant or writ by any other person provided the bailiff authorizes or consents to such service or execution. In case it is necessary for the bailiff to travel more than twenty miles to serve any summons, order or precept, such summons, order, or precept may be served by any person, but in case the service is not by the bailiff no charge shall be made for such service or mileage.

7. Section 107 of the said Chapter 34 is hereby amended by adding after the word "transcript" and before the word "may" in the eighth line the following words :-"when the amount of judgment debt and costs shall be forty dollars or over;" by striking out the words "clerk of the court of Queen's Bench" in the ninth line thereof and inserting in lieu thereof the words "Prothonotary of the court of Queen's Bench or deputy clerk of the Crown and Pleas (as the case may be) “and by adding thereto the following "a transcript of judgment from any county court shall be filed with the prothonotary of the court of Queen's Bench or deputy clerk of the Crown and Pleas (as the case may be) and become a judgment of said last

mentioned court only where the amount of said judgment debt and costs shall amount to or exceed the sum of forty dollars.

8. Section 130 of said chapter 34 is amended by striking Section 130

amended.

out the words one hundred " in the twentieth and twenty- .8.157.

first lines thereof and substituting therefor the words "two

hundred and fifty."

9. The exemption as to wages, provided for by section 25 of Wages ex47 Victoria, chapter 22 (1884) shall apply to all cases trans

emptions.

ferred from any county court to the court of Queen's Bench 4.188

by transcript or otherwise.

10. Section 2 of 47 Victoria, chapter 52, is repealed, and the 47 Vic., c. 52, 8. following enacted in lieu thereof:

2 repealed.

special

S.244

2. Notwithstanding the provisions of section 23 of 47 Vic- Appeal on toria, chapter 22, any party to a cause in any county court, grounds. whatever may be the value or amount of the claim or matter in issue in the suit, where the ultimate judgment or decision in such county court involves or appears to involve a question of law only, or a mixed question of law and fact, may apply to the judge before whom the issue or issues had been tried and determined for leave to appeal to the court of Queen's Bench upon the special grounds shown in such application, and if the said county court judge refuses to sanction such appeal, he shall give the reasons for his refusal in writing, and the party may then upon the same grounds apply to a judge of the court of Queen's Bench to have such appeal allowed, and upon such application he shall produce the said written grounds of refusal, if any, and the said last mentioned judge may hear such application ex parte or otherwise as he shall think fit, and may make such order as to allowing the appeal or otherwise and as to the cost of the application as he shall deem proper.

appeal.

(1.) Before any appeal under the above section can be enter- Leave to tained, the party desiring to appeal shall first apply for leave to the judge of the County Court trying such cause, and on his refusal to grant such leave, then application may be made to a judge of the Court of Queen's Bench by way of appeal from such refusal.

11. Section 9 of 48 Victoria, chapter 22, is repealed, and the 48 Vic., c. 22, s. following substituted therefor:

9 repealed.

jurors.

s.109.500

9. The clerk shall cause six of the persons liable to serve as Summoning jurors as aforesaid to be summoned to attend each sitting of the court, or any sitting for the trial of a suit in chambers, whenever one jury only is required, and ten of such persons where more than one jury is required for any such sitting,

8.109.500

S.111-30 V.

Payment of jurors.

Jury cases to

list.

and every such summons shall state the time and place of the sitting of the court, and shall be served at least two days before said sitting, either personally or by leaving the same with a grown up person at the residence of a juror, and the form of the jury summons may be after the form in the schedule of forms to said chapter thirty-four.

(a) The jurors who shall attend upon said summons, and shall be selected to serve as such in any case. shall be paid the sum of one dollar each, and such of said jurors as shall attend, and whose services shall be dispensed with, shall be paid the sum of fifty cents each.

12. Jury cases shall be put at the head of the trial list, and stand first on shall be first heard at any regular sitting of the court, unless the judge shall think proper to order otherwise, and in every case where such cause is postponed or adjourned the judge may make such order as to the jury and the costs as shall seem just and reasonable.

48 Vic, c. 22,
sec. 23, 24 and
25 repealed.

13. Sections 23 24 and 25 of chapter 22 of 48 Victoria (1885) are hereby repealed.

Preamble.

Exemptions

and execution.

CAP. XXXV.

An Act to amend the Administration of Justice Act,

1885.

[Assented to 28th May, 1886.]

Whereas it is expedient to amend certain portions of the Act passed in the forty-eighth year of Her Majesty's reign, chaptered seventeen, and intituled "An Act respecting the Administration of Justice,"

THEREFORE

HE

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

1. It is hereby declared, that with the exception of the from seizure homestead exemption provided by sub-section eight, none of the exemptions of property or articles exempted from seizure by section 117 of the said Act affected or applied to debts due or accruing due under or in virtue of any act, contract or obligation done, entered into or undertaken before the said Act came into force, save only in so far as any of the same may

have been exempt under any Act, statute or law in force in this Province previous to the second day of May, A.D. 1885.

amended.
Homestead

2. Sub-section eight of section 117 of said Act is hereby Sec. 117, ss. 8 amended, by striking out the words "said one hundred and sixty acres must be outside the limits of any city or town," exemption. at the end thereof.

3. Sub-section eleven of section 117 of the said Act is hereby Sec. 117, ss. 11 repealed, and the following substituted therefor:

anrended.

tion.

(11.) The actual residence or home of any person, other Home exempthan a farmer, provided the same does not exceed the value of one thousand five hundred dollars; and if the same does exceed the value of one thousand five hundred dollars, then it may be offered for sale, and provided a sum greater than one thousand five hundred dollars be offered, such property shall be sold, but the amount to the extent of the exemption shall at once be paid over to the said debtor, and such sum until paid over to the debtor shall be exempt from seizure under execution, garnishment, attachment for debt, or any other legal process. Provided that no such sale shall be made unless the amount offered shall, after deducting all costs and expenses, exceed one thousand five hundred dollars; and provided further that no such sale shall be carried out or Proviso. possession given to any person thereunder until such time as the amount of the exemption

shall have been 3.4.c.3.53 V.

paid over to the debtor entitled to such exemption.

procee ings in

4. Judgment debtors in any proceedings in equity to Exemptions on enforce a judgment shall be entitled to all the exemptions equity. provided by this Act and the Act hereby amended (48 V., c. 18, s. 1.)

5. A partnership firm cannot claim several exemptions for Partnership each partner, but only one exemption for the firm out of the exemptions. partnership property.

debtors.

6. The exemptions in said Act mentioned cannot be claimed No exemption by or on behalf of a debtor who is in the act of removing for fraudulent with his family from the Province, or is about to do so, or who has absconded taking his family with him.

ecution dated

7. It is hereby declared that every writ of execution dated Writs of exprior to the second day of May, A. D. 1885, and in force on before 24 May, that day, continued binding and in force until one year from 1885. the date when it was issued or last renewed prior to the said second day of May, A.D. 1885, and became subject to the Administration of Justice Act, 1885, and subject to renewal within said year under the provisions thereof.