CAP. XXXVIII. An Act respecting the Settlement of Claims made by the Province of Manitoba on the Dominion. WE [Assented to 28th May, 1886.] and 49 Vic., c. HEREAS, the Parliament of Canada, during the Session Recital of 48 thereof held in the forty-eighth and forty-ninth years 50, Can. of Her Majesty's reign, passed an Act chaptered fifty, and intituled "An Act for the final settlement of the claims made by the Province of Manitoba on the Dominion," wherein it was enacted as follows, that is to say : "1. All Crown lands in Manitoba which may be shown to Swamp lands. the satisfaction of the Dominion Government to be swamp lands, shall be transferred to the Province, and enure wholly to its benefit and uses. Manitoba. "2. An allotment of land, not exceeding one hundred and Endowment of fifty thousand acres, of fair average quality, shall be selected University of by the Dominion Government and granted as an endowment to the University of Manitoba, for its maintenance as a University capable of giving proper training in the higher branches of Education, and to be held in trust for that purpose upon some basis or scheme to be framed by the University and approved by the Dominion Government. "3. The sum now payable annually to the Province, under Indemnity in the Act forty-fifth Victoria, chapter five, as an indemnity for lieu of lands. the want of public lands, shall be increased from forty-five thousand dollars to one hundred thousand dollars, such increase to date from the first day of July, one thousand eight hundred and eighty-five. census. 4. The yearly per capita allowance to the Province of Per capita eighty cents per head, made under the Act thirty-third Vic- allowance. toria, chapter three, on an estimated population of seventeen thousand (increased by forty-fifth Victoria, chapter five, to one hundred and fifty thousand) shall be subject to be increased as hereinafter mentioned, that is to say:-A census of the Province shall be taken in every fifth year, reckoning from Quinquennial the general census of one thousand eight hundred and eightyone; and an approximate estimate of the population shall be made on the first day of September now next, and at equal intervals of time between each quinquennial and decennial census; and whenever the population, by any such census or estimate, exceeds one hundred and fifty thousand, which shall be the minimum on which the said allowance shall be calculated, the amount of the said per capita allowance shall 45 Vic., c. 5 amended. Method of computing capital on which half yearly interest is payable. Grants conditional in acceptance by legislature. Payments authorized. Explanatory be increased accordingly, and so on, until the population shall have reached four hundred thousand souls. 5. So much of the said Act, forty-fifth Victoria, chapter five, as relates to the amount of the indemnity for the want of public lands, or the per capita allowance on the population of the Province, is hereby repealed; and the allowance provided by the foregoing sections shall not be limited to the ten years next after the year one thousand eight hundred and eighty-one, or to any other period. "6. The capital sum on which the Province is entitled to receive half-yearly payments of interest at the rate of five per cent. per annum, as fixed by the Act thirty-third Victoria, chapter three, and as re-adjusted or increased by any subsequent Act, shall, from and after the first day of July, one thousand eight hundred and eighty-five, be calculated on a population of one hundred and twenty-five thousand, at the same rate per capita as was allowed on the estimated population, under the Act thirty-third Victoria, chapter three, and shall be charged with such advances as have been already made to the Province, and with such expenditure as has been made therein by the Dominion for purposes of a strictly local character, and with a further sum of one hundred and fifty thousand dollars, which the Dominion Government may advance to the Province to meet the expenditure of constructing a lunatic asylum, and other exceptional services. 7. The grants of land and payments authorized by the foregoing sections shall be made on the condition that they be accepted by the Province (such acceptance being testified by an Act of the Legislature of Manitoba,) as a full settlement of all claims made by the said Province for the re-imbursement of costs incurred in the government of the disputed territory, or the reference of the boundary question to the Judicial Committee of the Privy Council, and all other questions and claims discussed between the Dominion and the Provincial Government, up to the tenth day of January, one thousand eight hundred and eighty-five. "8. The sums authorized to be paid by this Act may be paid out of any moneys forming part of the Consolidated Revenue Fund of Canada." AND WHEREAS doubts have arisen as to the proper construction of the provisions of the said above recited Act; and for the removal of such doubts, the said Parliament of Canada during the present session thereof has passed an Act intituled "An Act to explain the Act forty-eighth and forty-ninth Victoria, chapter fifty, intituled "An Act for the final settlement of the claims made by the Province of Manitoba on the Dominion," which is as follows, that is to say :— "For the removal of all doubts as to the proper construction of section six of the Act forty-eighth and forty-ninth Victoria, chapter fifty, intituled An Act for the final settlement of the claims made by the Province of Manitoba on the Dominion; "Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows: construction of "1. Notwithstanding anything in the section above-mention- Doubts as to ed it is hereby declared to be the intention thereof, that the rate section six per capita at which the calculations therein mentioned are to removed. be made, shall be taken and construed to be the rate per capita ascertained by dividing by seventeen thousand (that is to say, the estimated population of the Province of Manitoba under the Act thirty-third Victoria, chapter three,) the sum of five hundred and fifty-one thousand four hundred and forty-seven dollars (being the amount of capital on which the said Province was entitled to receive interest under and by virtue of section twenty-four of the Act last above cited, and the Act thirtysixth Victoria, chapter thirty), and the said section six of the Act forty-eighth and forty-ninth Victoria, chapter fifty, shall be construed as if the provisions hereof had been made therein. Provided always, that nothing herein contained shall be taken or construed as in any way varying or altering any other provision of the said section or of the Act last above cited, not inconsistent herewith or repugnant hereto." AND WHEREAS it is expedient that the Province, by an Act Preamble. of the Legislature thereof, should accept such grants and payments in the manner provided in the above recited Acts: THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:- 1. The Legislature of the Province of Manitoba accepts the Grants, etc.. grants and payments as authorized and construed by the above accepted. recited Acts as a full settlement of all claims by the said Province upon the Dominion, as therein set forth, up to the tenth day of January, one thousand eight hundred and eighty-five. 2. This Act shall come into force on the day it receives the Act in force. assent of the Lieutenant-Governor. Repealed s. 33.c.28.530. Short title. 46 and 47 Vic., Section 5 Section 6 Section 13 Section 14 Section 24 CAP. XXXIX. An Act to further amend the acts relating to the H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. This Act may be cited as The Agriculture Amendments Act, 1886. 2. The Agriculture, Statistics and Health Act, 1883, 46 and 47 Victoria, chapter 19, is hereby amended by striking out of the 14th and 15th lines of section one thereof, the words "Superintendent' means the Provincial Health Superintendent." 3. Section five of the said Act is hereby amended by inserting in the third line thereof after the word "societies," the words, "of the board of directors or management of all other societies or associations which may receive aid from the Province of Manitoba, when such aid is voted by the Legislative Assembly among the amounts to be expended by the Department." 4. Section"six of the said Act is hereby amended by inserting in the eleventh line thereof after the word “demand,” the words "and enforce." 5. Section thirteen of the said Act is hereby amended by inserting in the fourteenth line thereof after the word 'Winnipeg" the words "provided however that the Minister may fix any other date for the said meeting by two months previous notice thereof being given in the Manitoba Gazette, and in writing to the Secretary-Treasurer of the Board." 6. Section fourteen of the said Act is hereby amended by inserting in the seventh line thereof after the word "Council" the words "The Board may, subject to the approval of the Lieutenant-Governor-in-Council, acquire and hold land and personal property situated within the Province, for its own purposes, and the Council may, subject to such approval, sell, mortgage, lease or otherwise dispose of the same.' 7. Section twenty-four of the said Act is hereby amended by adding at the end thereof the words "and also subject to the provisions of "The Agriculture Amendments Act 1886," sections thirty-two to thirty-seven, both inclusive. 8. Section twenty-five of the said Act is hereby amended by Section 25 inserting in the fourth line thereof after the word "whom" amended. the words "must be resident in the electoral division and." 9. Section twenty-eight of the said Act is hereby amended Section 28 by inserting in the fifth line thereof after the word "corpor- amended. ate" the words "and shall have power to acquire and hold real estate within the Province of Manitoba, of an annual value not exceeding two thousand dollars, for the purpose of carrying out the objects for which such societies may be organized." hold real 10. It is hereby declared that at the time of the passing of Agricultural the said Act, it was the intention of the Legislature of Mani- societies may toba to confer the power of acquiring and holding real estate estate. to such societies for the purposes and object for which they were or might thereafter have been organized, and section twenty-eight of the said Act shall be read and construed as if the amendment thereto by the preceding section herein, had been originally inserted therein. All real estate acquired or held by any such society for the purpose of carrying out the objects for which such societies may be organized, is hereby declared to have been, and to be as validly and effectually acquired and held as if the words of the amendment in the preceding section herein had been originally inserted in the said twenty-eighth section of the said Act. amended. 11. Section twenty-nine of the said Act is hereby amended Section 29 of by adding at the end thereef the words, "The said officers of said Act any electoral division agricultural society shall have full power to act for and on behalf of the society, and all grants of money and other funds of the society shall be received and expended under their direction, subject nevertheless to the bylaws and regulations of the society." 12. Section thirty-six of the said Act is hereby amended as Section 36 follows: (a.) By striking out of the eighth and ninth lines thereof the words " and the electoral division society of Dauphin shall comprise all the territory in the county of Beautiful Plains." (b.) By striking out of the tenth line thereof the word: "sections," and by inserting in lieu thereof the word "section." (c.) By striking out of the tenth line thereof the words :"and thirty-seven." amended. 13. Section thirty-seven of the said Act is hereby repealed Section 37 and the following substituted therefor : "37. The Secretary-Treasurer of every electoral division "agricultural society. before entering upon the duties of his "office, shall give such security as the officers of the society repealed. |