terms and conditions as the Lieutenant-Governor-in-Council may deem expedient. heretofore 4. Any permission or authority granted by this Act or by Permits and of the Orders-in-Council or agreements referred to herein agreements to any such Railway Company respecting the sale or made. disposal of any such lands or land warrants, shall be valid; and the agreement authorized to be executed under the report of a committee of the Executive Council, approved on January 25th, 1886 (E), shall be considered as having been executed with provisions similar to those of the agreement with the same railway company as in the preamble hereto set forth. Commissioner. 5. All matters connected with railways, over which the Railway Government of Manitoba by any Act, agreement, or otherwise may have any control, shall be administered by such member of the Executive Council of the Province of Manitoba as may be designated by the Lieutenant-Governor-in-Council, and for the purpose of this Act, such member shall be known as the Railway Commissioner in addition to any other title or appelation by which he may be known as a member of the said Executive Council. 6. This Act shall come into force on the day of its sanction. Act in force. CAP. L. An Act to provide for the Maintenance of the Administration of Justice in the Courts and of the Court Houses and Gaols in Manitoba. [Assented to 28th May, 1886.] W HEREAS doubts have arisen as to the authority of the Preamble. Legislature of the Province to impose and collect fees upon legal proceedings in the Courts, in the manner authorized by the Acts of the Legislature heretofore passed, authorizing and regulating the imposition and collection of such fees. And whereas the intention of the Legislature in passing the said Acts was to facilitate and regulate the collection of fees from suitors in, and of and for the maintenance of the Administration of Justice in the Courts in the Province; And whereas the cost of such maintenance to the Province has hitherto always largely exceeded, and unless the fees are greatly increased, must continue largely to exceed the gross amount realized from such fees; "The Adminis- And whereas the said fees are under the authority of the Statutes respecting Law Stamps, collected by the Treasurer of the Province by means of Law Stamps, and it is deemed expedient to create the proceeds of the sale of such Law Stamps into a special fund, which fund shall not be available as general revenue for general Provincial purposes, and shall be raised solely for the maintenance of the Administration of Justice in the Courts of the Province; And inasmuch as it is further expedient to establish a fund out of which without the burden and cost of heavy local taxation the Court Houses and Gaols in the several Judicial Districts may be kept in repair and when necessary new buildings constructed in place of those now in use, or any of the said buildings acquired by the Government of Manitoba, THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. The fees and charges on legal proceedings, collected and paid to, and the proceeds of the sales of all Law Stamps received by the Treasurer of the Province under the authority of the Acts of the Legislative Assembly of Manitoba, respecting Law Stamps, or of any other Act or Acts, Order in Council, or Proclamation, shall not pass into the general revenue of the Province or become a part thereof, but shall and are hereby created special funds, to be respectively called "The Administration of Justice Fee Fund," and "The Building Fund." Special ac count to be opened for Justice Fee Fund. Fund not available for general revenue. Application of fund. JUSTICE FUND STAMPS. 2. The Treasurer of the Province shall open an account with the said "Administration of Justice Fee Fund" in some Chartered Bank, approved by order of the Lieutenant-Governor-in-Council, doing business in the Province, and all moneys which may be hereafter received by him on account of the fees and charges in the last preceeding section mentioned and from the sale of Justice Fund Law Stamps, shall be by him immediately paid into such Bank, to the credit of such Fund. 3. The moneys to the credit of the said Fund, or received by the Treasurer of the Province from the said fees and charges, and from the sale of Justice Fund Law Stamps, shall not be available as general revenue for general Provincial purposes, and shall not be appropriated for any other purposes than are by this Act declared. 4. The said Fund shall be applied to the maintenance of the Administration of Justice in the Courts of this Province. 5. The salaries of the following officers of the Courts in Charges upon this Province, from the day when this Act shall come into the fund. force with the other charges and expenses of maintenance herein specified, said salaries, charges and expenses being a part only of the cost to the Province of such maintenance, shall be paid out of the said Fund from time to time, as required, by check drawn upon the Bank against the said Fund, in the same manner as cheques drawn upon the Consolidated Revenue Fund, viz:- The salaries of all the officers, and employees in the offices of the Courts of this Province, and the travelling expenses of the stenographic reporters, and all other contingencies of the said Courts. 6. If the said Fund shall not be sufficient to pay the salar- Deficiency ies, charges and expenses herein charged upon it, the of general deficiency shall be made up out of the public moneys of the revenue. Province, and warrants may be drawn therefor in the manner provided by the Audit Act, 1884, from time to time as required. 7. The Administration of Justice Fee Fund Account shall Annual Audit. be closed and balanced annually at the end of each fiscal year, and submitted to audit, and the account in detail shall be published with the report of the Provincial Auditor upon the public accounts. 8. The Lieutenant-Governor may by Order in Council make Regulations any regulations or orders necessary to give effect to this Act. may be made. 9. The stamps referred to in the seven preceding sections J. F. stamps. shall be distinguished by having on the face thereof, the letters "J.F." and shall be affixed to or on each pleading and proceeding as covering the fees and charges to provide for the maintenance of the Administration of Justice in the Courts of this Province. BUILDING FUND STAMPS. 10. For the purpose of establishing a separate fund which Building Fund shall be called "The Building Fund," and which shall be spec- stamps. ially applied towards meeting the expenses of keeping the Court Houses and Gaols in the several Judicial Districts in repair and when necessary, constructing new buildings in the place of those at present in use, and the purchase by the Government of any said buildings, the Lieutenant-Governor-in Council may make provision for the issue of Law Stamps to be known and distinguished as "Building Fund Stamps." and having on the face thereof the letters " B. F." to be affixed to or on each pleading and proceeding as covering the fee and charge to provide for the construction and maintenance of the Court Houses and Gaols of the Eastern, Central and Western Judicial districts of this Province. 11. The moneys received by the Provincial Treasurer from the sale of Building Fund Stamps, shall go to and form the said fund and shall be applied to no other purpose than those provided for by the last preceding section of this Act, and the said Building, Fund Stamps shall in all respects be subject to and regulated by the provisions of this Act and any other Acts of this Province respecting Law Stamps, except in so far as the same may be inconsistent with the special provisions of this Act. 12. The moneys deposited in the manner above provided shall, in the first of January in each year be credited to separate accounts to be opened therefor under the headings of the "Eastern," "Central," and "Western" Judicial Districts of the Province in the proportion of the sale of Building Fund Stamps in each of said districts, and the moneys so credited shall be applied in the construction, repair and maintenance of the Court House and Gaol of the District to which such credit has been given according to their sufficiency, and should the sum so credited to any District prove insufficient, the deficiency shall be made up out of the public moneys of the Province in the manner herein before provided, and all deficiencies so made up shall be charged against the District for which it has been paid. 13. This Act shall come into force in the first day of July, A.D, 1886, and on from and after that date all Acts and parts of Acts inconsistent with or repugnant to the provisions of this Act shall be and remain repealed. Stamp duties Act in force. CAP. LI. An Act respecting Fees Payable in Law Stamps. HE [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, declares and enacts as follows: 1. All duties and fees of office payable in law stamps on any search, filing pleading or proceeding or any act or thing done in any of the courts of this Province in virtue of any statute, rule, or order, now or hereafter in force, are hereby declared to be a direct tax and duty imposed upon the party directed to pay or paying the same in order to the raising of a revenue for provincial purposes, and shall not be in any way taxable or recoverable as costs by the said party from any other party or person whatsoever. 2. This Act shall come into force at a day to be named in a proclamation to be issued by the Lieutenant Governor. |