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46 and 47 Vic.,

3. The Act to amend Acts respecting Marriage Licenses, c. 17, amended. 46 and 47 Victoria, chapter seventeen, is hereby amended as

Section 1.

Section 2.

46 and 47 Vic.,
c. 18, sec. 2,
amended.

Repealed 2.24

follows:

(a.) By striking out of the seventh line of section one thereof the words: "seven dollars and fifty cents" and inserting in lieu thereof the words: "five dollars."

(b.) Section two is hereby amended by striking out after the word "annually" in the second line thereof the following, "after the deduction of fifty cents on each license to cover the expenses of the issuing and keeping the account of the said

license.

4. The Act respecting the Solemnization of Marriage, 46 and 47 Victoria, chapter eighteen, section two, is hereby amended by striking out of the twenty-third line of the said section the words: "Treasurer of the Province" and by inserting in lieu thereof the words: "Department of Agriculture, Statistics and Health."

47 Vic., c. 10, 5. The Agriculture, Statistics and Health Amendments Act, 8. 42, amended. 1884, 47 Victoria, chapter ten, section forty-two, is hereby 2.24 amended by striking out of the tenth line of the said section the word "forthwith" and by inserting in the eleventh line of C. 29,512, the said section, after the word "Province," the words: “at the end of each fiscal year, to form part of the consolidated revenue fund of the Province."

47 Vic., c. 48,

6. The Act to amend the Acts respecting Marriage Licenses 8. 3, amended. and the Solemnization of Marriages, 47 Victoria, chapter fortyeight, section three, is hereby amended by striking out of the ninth and tenth lines of the said section the words: "five dollars and fifty cents" and by inserting in lieu thereof the words: "three dollars."

Act in force.

7. This Act shall go into force and effect on the first day of July, A.D. 1886.

CAP. XLII.

An Act respecting Mortgages, Loans and the Covenants

therein.

[Asssented to 28th May 1886.]

Covenants

respecting

exemptions.

HE

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

follows:

1. No covenant in any mortgage whereby any party agrees to waive any exemption that otherwise such party would be

entitled to under any Statute of Manitoba, shall be valid or of any effect unless the witness shall have made an affidavit that such covenant was read over to such party and its effects fully explained to such party.

lands to be

2. Every Company or Corporation shall file annually on or Annual Lists before the 30th of June in each year with the Provincial of mortgaged Secretary a list of all mortgaged lands that it may claim for filed. arrears or default or that may have been released, and also a list of all lands in which the Company or Corporation has obtained the equity of redemption, and such return shall be accompanied by an affidavit of the president or manager, which affidavit shall amongst other things state that such president or manager has carefully examined such return and that it contains a true and correct list of such mortgaged lands and the date of same. e. 34507.

default.

3. In case any Company or Corporation neglects or refuses Penalty for to file the lists referred to in section 2 of this Act, the Company shall be liable to a fine of not less than twenty-five dollars nor more than fifty dollars for each day such Company or corporation shall be in default, and any person can sue for such penalty in any court of competent jurisdiction in the Province. c. 34-50v

4. The Inspector of public offices shall, if required by the Inspection. Provincial Secretary, compare such returns or any of them with the Records in the Registry or other offices and certify to their correctness. e. 34.500.

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5. Section 5 of Cap. 38, 46 and 47 Vic., is hereby amended 46 and 47 Vic., by inserting after the word foreclosure" in the 16th line cap. 38, sec. 5, thereof :

:

"provided always that if any Company, Institution or Corporation shall hold any mortgagor, his executors, administrators and assigns personal covenants for the mortgage debt, interest and costs, or shall have recovered judgment therefor, or a personal order for payment of the amount, the said Company, Institution or Corporation may upon discharging the mortgagor or his executors, administrators and assigns, from such covenant debt or order, hold the said real estate for the further term of five years, but such discharge shall be given to such mortgagor prior to the expiration of the first five years, and evidence thereof shall be filed with the Provincial Secretary;"

amended.

61, schedule 2.

6. Whenever any mortgage executed prior to the passing C. S. M., cap. of this Act or subsequent thereto and purporting to be made in pursuance of the Act respecting Short Forms of Indentures contains the following words: "provided that the Mortgagee (the company or individual, as the case may be) on default of

payment for two months (or any other definite period) may without any notice enter upon and lease or sell said lands for cash or credit," or words to the like effect or without the last four of said words, such mortgage shall be deemed to contain and to have always contained the form of words in column two, number thirteen, of the second schedule of Chapter sixty-one, Consolidated Statutes of Manitoba, intituled an Act respecting Short Forms of Indenture. This section shall not affect any suits now before the Courts.

Preamble.

WH

CAP. XLIII.

An Act to amend Chapter 34,44Victoria.

[Assented to 28th May, 1886.]

THEREAS, the monies of certain infants lying in the Court of Queen's Bench, were invested in certain mortgage securities, together with the monies of certain halfbreeds, the amounts of which mortgages cannot at present be realized;

And whereas, it is considered advisable that the Provincial Treasurer should pay to the said infants, as well as to the said half-breeds, on their attaining their majority, or in case of the decease of such infants, to the legal representatives, the amount to which they are entitled out of the Consolidated Revenue Fund.

THEREFORE

Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

48 Vic., cap. 34, 1. That section 1 of chapter 34, 48 Victoria, is hereby 8. 1, amended. amended by adding the words "or other infant" immediately after the word "half-breed," wherever the said words appear in the section.

Payment of

C. R. Fund.

2. Where it appears from the certificate of the Accountant interest out of of the Court of Queen's Bench that there is interest due and accrued upon any mortgage in which any sum of money has been invested by direction of the Court for the benefit of an infant, and that such interest so accrued has not been paid by or on behalf of the mortgagor, it shall be lawful for the Provincial Treasurer to pay out of the Consolidated Revenue Fund to such infant, or his or her legal representative, the amount of such interest.

half-breed

3. It shall be lawful for the Provincial Treasurer to pay out of Payments to the Consolidated Revenue Fund, to any half-breed minor the minors over amount to which he or she may be entitled as provided by the 18 years. Act hereby amended upon attaining the age of eighteen years, upon the same conditions as to the consent of parents, husband or wife as are contained in chapter 42 of the Consolidated Statutes of Manitoba and amending Acts,

Acts.

4. This Act and the Act hereby amended have no applica- Application of tion to any moneys invested by direction of the Court on petition of parties interested, but only to cases where the investment has been made without any consent of the parties interested.

CAP. XLIV.

An Act to provide for the Incorporation of " Farmers'
Mutual Benefit Associations."

WE

[Assented to 28th May, 1886.]

HEREAS it is expedient to encourage Associations Preamble. having for their objects the advancement of Agriculture, and for that purpose to provide for one general law for the incorporation of such associations, and to grant them certain powers enabling them to protect their property and manage their affairs:

THEREFORE

Her Majesty, by and with the consent of the Legislative Assembly of Manitoba, enacts as follows:

Association.

1. Any number of persons not less than ten, having sub- Declaration scribed or holding together not less than one hundred dollars and objects of and not more than three thousand dollars in money or money's worth, for the use of their intended Association, 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 purpose of erecting warehouses, sheds, stockyards, or any other building or permanent improvement for for the purpose of agriculture.

(2.) For the purpose of purchasing stock, machinery or any other personal property used for agriculture.

Contents of declaration.

Duplicate to be filed.

Proof.

Clerk's fee.

Subscribers to constitute a corporation.

Power of directors.

(3.) Generally for any purpose of an agricultural nature; provided such declaration shall have attached thereto an affidavit declaring said persons to be farmers and the object of incorporation to be solely to advance their interest as such.

2. The declaration aforesaid shall state the corporate name of the association, its purpose, the amount of money or moneys' worth subscribed by such members 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 such appointments or admissions, or for any other purpose, or for all the purposes; and generally such other particulars and provisions thought necessary, including the designating of the chief place of business, not being contrary to the provisions hereof or to law; one duplicate of such declaration shall then be filed in the office of the county court clerk for the judicial division in which the chief place of business of the company is located, by one of the subscribing parties, who shall before the county court clerk 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 county court clerk shall then keep one of the said duplicates and deliver the other to the person filing the same, with a certificate of the same having been so filed and the execution thereof proved before him; and such duplicate, or any copy thereof, certified by such county court clerk, shall be prima facie evidence of the facts alleged in such declaration and certificate. The said clerk shall be entitled to a fee of seventy-five cents for filing such declaration and giving such certificate.

3. When the formalities aforesaid have been complied 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 association, and their successors, 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, from time to time and at all times thereafter, to have, take, 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 value of real property to be so held by such corporations, respectively, shall never exceed the sum of three thousand dollars.

4. The affairs of such corporation shall be managed by the directors or trustees thereof for the time being, appointed as hereinafter or by any by-law of such corporotion provided,

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