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CAP. VIII.

C.S.M. c. 7, amended.

Sec. 3, amended.

Sec. 5, amended.

Sec. 6, amended.

Sec. 17, repealed.

Sec. 24, amended.

Sec. 32, repealed.

Secs. 36 and 37 repealed.

Sec. 47, amended.

An Act to amend Chapter Seven of the Consolidated
Statutes of Manitoba

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[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 sections of chapter seven of the Consolidated Statutes of Manitoba, hereinafter mentioned, are amended as follows, that is to say:

(1.) Section three is amended by striking out all the words therein from and including the word "provided" in the seventh line thereof to the end of the section.

(2) Section five is amended by striking out the words "residing in the outlying parts of the Province" in the third and fourth lines thereof; and by striking out all the words from and including the words "a sum not exceeding," in the fifth line to and including the words "Lieutenant-Governorin-Council" in the eleventh line thereof.

(3.) Section six is repealed and the following substituted therefor: "VI. Every police magistrate appointed under the provisions of this Act shall have and exercise, within the limits of his territorial jurisdiction, all the powers and authority vested in a police or stipendiary magistrate, or two or more justices of the peace, sitting and acting together under any law or statute in force in Manitoba."

(4.) Section seventeen is hereby repealed.

(5.) Section twenty-four is amended by adding after the words "Queen's Bench" in the ninth line thereof, the words "or in the county court having jurisdiction in the place where such unqualified person so acted, or where he resides."

(6.) Section thirty-two is hereby repealed.

(7.) Sections thirty-six and thirty-seven are hereby repealed.

(8.) Section forty-seven is amended by adding thereto the following proviso: "Provided that in any case any of the judges of the Court of Queen's Bench may order such delivery to be made to the prothonotary of the said court and make such other and further order respecting such books, accounts,

records, papers, writs, warrants processes and other matters as may appear necessary or expedient on cause shewn, and proof made by the party applying for such order to the satisfaction of the judges.

(9.) Sections fifty-two, fifty-three, fifty-four, fifty-five, fifty- Secs. 52, 53, 54, six and fifty-seven are hereby repealed.

55, 56 and 57, repealed.

Rules, etc.,

2. The repeal or amendment of any of the sections aforesaid Existing shall not invalidate or affect any existing appointments, rules saved. or regulations made or acts done in virtue of any section so repealed or amended previous to the repeal or amendment thereof.

GAOLS AND THE GOVERNMENT THEREOF.

at Winnipeg,

Brandon.

3. The buildings and premises now in use as common gaols Common gaols at Winnipeg, Portage la Prairie and Brandon, are and shall Portage la continue to be the common gaols for the eastern, central and Prairie and western judicial districts of Manitoba, respectively; and any person arrested or committed to prison for any crime or offence under any statute or law in force in this Province whose imprisonment may be ordered by competent authority, may be imprisoned in any of the common gaols aforesaid.

4. The said common gaols shall be under the control and Sheriffs to supervision of the sheriffs of the respective districts in which control gaols. they are situated, and the gaolers, turnkeys, and all other officers thereof shall, from time to time, be appointed by the Lieutenant-Governor-in-Council, when, and so often as may be required or necessary. All officers so appointed shall hold Appointment office during pleasure and shall be paid such salaries as may be fixed by the Lieutenant-Governor-in-Council.

of officials.

5. The Lieutenant-Governor-in-Council may make rules Rules and and regulations for the management internal economy, regulations. proper security, due ordering and government of said common gaols, for the conduct and duties of the gaoler and other officers, the enforcement of order and discipline among the prisoners confined therein and with regard to all other matters and things necessary for the maintenance, order and good government of such gaols; and all such rules heretofore or hereafter made as aforesaid shall have the force and effect of law, in the same manner and to the same extent as if the same had been duly enacted by the legislature of this province.

CAP. IX.

C.S.M. c. 7, sec. 58,

amended.

Sec. 60 amended.

An Act to further Amend Chapter Seven of the Consolidated Statutes of Manitoba.

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 58 of Chapter 7 of the Consolidated Statutes of Manitoba is hereby repealed and the following section enacted in lieu thereof :

58. The Lieutenant-Governor-in-Council may for each judicial district of the Province of Manitoba appoint by commission and during pleasure a barrister (being a member of the bar in Manitoba in good standing) to act as crown attorney for such judicial district in all courts of criminal and civil jurisdiction in the Province of Manitoba."

2. Section 60 is hereby amended by adding thereto in the first line thereof after the word "shall" the words "in his judicial district."

Declaration required before sum

CAP. X.

An Act respecting Coroners' Inquests.

[Assented to 28th May, 1886.]

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

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follows:

1. No fees shall be claimable by any coroner in respect of an inquest, unless, prior to the issuing of his warrant or moning jury. precept for summoning the jury, he shall have made a declaration in writing under oath (which oath may be administefed by any justice of the peace or commissioner for taking affidavits in the province, and shall be returned and filed with the inquisition), stating that from information received by such coroner, he is of opinion that there is reason for believing that the deceased did not come to his death from natural causes or from mere accident or mischance, but came to his death from violence or unfair means or culpable or negligent conduct of others, under circumstances requiring investigation by a coroner's inquest.

2. The preceding section shall not apply to any inquest held Exceptions. upon the written request of the attorney-general; or upon the written request of a police magistrate; or to any inquest held upon the body of any prisoner who dies in any prison, gaol, house of correction, or lock-up.

unclaimed

3. Any unclaimed body fonnd dead within the limits of a Burial of city, town or local municipality shall be buried at the expense bodies. of the corporation of such city, town, or local municipality, but such corporation may recover such expense from the estate of the deceased.

4. Coroners shall not direct the burial of any body in any Burial of public highway but in cases where, upon inquisition, the suicides. jury find that death was by suicide, the coroner shall direct a private interment, without any stake being driven through the body, in the church yard or other burial ground, within twenty-four hours from the finding of the inquisition.

CAP. XI.

An Act to amend the Manitoba Joint Stock Companies
Incorporation Act.

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[Assented to 28th May, 1886.]

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

follows:

amended.

1. "The Manitoba Joint Stock Companies Incorporation c. s. M., c. 9. Act," Consolidated Statutes of Manitoba, chapter 9, section Se 267, is hereby amended by subseituting the word "duplicate for the word "triplicate" in the third line of the said section.

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2. Section 233 of the said Act is amended by adding thereto Sec. 232 the following sub-sections:

(1.) The powers of companies or associations incorporated under the provisions of this Act with respect to acquiring and holding real estate as above provided shall be limited in their license or letters patent of incorporation to such annual or actual value as may be deemed proper.

(2.) All such companies and associations heretofore or hereafter incorporated shall be capable of taking, holding and acquiring all such lands and tenements, real and personal estate, as may or shall have been bona fide mortgaged to such company or association by way of security, or conveyed to it

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amended.

Licensed foreign corporations subjected to

above provisions.

Unlicensed foreign corporations cannot hold real estate.

in satisfaction of debts previously contracted in the course of its business, or purchased at judicial sales upon levy for such indebtedness, or otherwise purchased for the purpose of avoiding a loss to the company or association in respect thereof, or of the owner thereof, and to retain the same for a period not exceeding ten years from the date of the acquisition thereof.

3. All corporations and other institutions authorized to transact business in this Province under the provisions of chapters thirty-eight and thirty-nine of the statutes of this Province passed in the 46th and 47th years of Her Majesty's reign, shall be subject to all the provisions and restrictions contained in the last preceding sub-sections added to said section 233.

4. No company, corporation, or other institution not incorporated under the provisions of the statutes of this Province, shall be capable of taking, holding or acquiring any real estate within this Province unless under license from the Lieutenant-Governor-in-Council, under any statute of this Province in that behalf.

C. S. M., c. 17, sec. 1 and 48

V., c. 37, sec. 1 amended.

CAP. XII.

An Act to amend Chapter Seventeen of the Consolidated Statutes of Manitoba and amending Acts.

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 one of chapter seventeen of the Consolidated Statutes of Manitoba, and section one of chapter thirty-seven of the forty-eighth year of Her Majesty's reign, are hereby repealed and the following section is hereby substituted therefor:

1. All persons who at the time of the passing of this Act are, or who hereafter may be associated in partnership for trading, manufacturing or mining purposes in this Province shall cause to be filed as hereinafter provided a declaration in writing signed by the several members of such co-partnership, provided however that if any of the said members be absent from the place where they carry on or intend to carry on business at the time of making such declaration, then by the members present in their own names, and also for their absent co-members, under their special authority to that effect, such

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