special authority to be at the same time filed and annexed to such declaration.

(1) The proper place for filling said declaration shall be for the Eastern Judicial District the office of the Prothonotary of the Court of Queen's Bench, and for the other Judicial Districts the office of the Deputy-Clerk of the Crown and Pleas for each district. The said declaration shall be filed in the proper office for the judicial district in which the principal place of business of the partnership is situate.

(2) Nothing herein contained shall make it necessary for any partnership for which a declaration has heretofore been filed with the Prothonotary to file a new declaration.

2. Section two of chapter thirty-seven of the statutes of 18 V., c. 37, sec. the Province of Manitoba, passed in the forty-eighth year of 2 amended. Her Majesty's reign, is amended by striking out the words "Deputy Prothonotary," in the third line thereof, and substituting therefor the words "Deputy Clerks of the Crown and Pleas."

3. Section three of said chapter thirty-seven is amended by Sec. 3 amended striking out the words "Deputy Prothonotaries," in the third

line and substituting therefor the words "Deputy Clerks of

the Crown and Pleas."

4. Section four of said chapter thirty-seven is amended by sec. 4 amende striking out the words "Deputy Prothonatary," in the third

line, and substituting therefor the words "Deputy Clerk of

the Crown and Pleas."

5. Section five of said chapter thirty-seven is amended by Sec. 5 amended striking out the words "Deputy Prothonotary," in the third

line, and substituting therefor the words "Deputy Clerk of

the Crown and Pleas."

6. Section six of said chapter thirty-seven is amended by Sec. 6 amended striking out the words "Deputy Prothonotary," in the third

line, and substituting therefor the words "Deputy Clerk of the Crown and Pleas."

7. Section seven of said chapter thirty-seven is amended by Sec. 7 amended striking out the words "Deputy Prothonotary," in the third

line, and substituting therefor the words "Deputy Clerk of

8. Section eight of said chapter thirty-seven is hereby sec. 8 amended amended by striking out the words "Deputy Prothonotary,"

in the third line thereof, and substituting therefor the words

"Deputy Clerk of the Crown and Pleas.'

Fees payable

9. All fees levied or payable under "The Partnerships Act," in law stamps. and the acts amending the same shall be payable to the Crown in stamps subject to the provisions of the acts respecting law stamps, and shall form part of the consolidated revenue fund of the Province.

required to be filed iu proper office.

Documents 10. All documents required to be filed by said chapter Iseventeen of the Consolidated Statutes of Manitoba and amendments thereto shall hereafter be filed in the proper office as herein before provided for the judicial district in which the principal place of business of the partnership is situate.

Interpretation clause.

Appointment of new trustee

trustee, etc.

CAP. XIII.

An Act respecting Trustees and Executors and Administration of Estates.

sie s. 3.C.26 of this Statute,

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. In the construction of this Act the words, "will," "real estate," "personal estate," "person," and "testator," shall have the meaning assigned to them respectively by the second section of "The Wills Act of Manitoba."

2. Where a trustee either original or substituted and whether by surviving appointed by the court or otherwise is dead or remains out of the Province of Manitoba for more than twelve months, or desires to be discharged from the trusts or powers reposed in or conferred upon him, or refuses, or is unfit to act therein, or is incapable of acting therein, then the person or persons nominated for this purpose by the instrument, if any, creating the trust, or if there is no such person, or no such person able and willing to act, then the surviving or continuing trustees or trustee for the time being or the personal representative of the last surviving and continuing trustee, may by writing appoint another person or other persons a trustee or trustees in place of the trustee dead, remaining out of the Province of Manitoba, desiring to be discharged, refusing or being unfit or being incapable as aforesaid. (Imperial Act 44 and 45 Vic., c. 41, sec. 31; Imp. Act 23 and 24 Vic., c. 145, sec. 27, repealed by the above; also R.S.O., c. 107, sec. 3, ss. 2.)

Trustees may

(1.) Upon the above appointment of a new trustee, the be increased. number of trustees may be increased,

to fill up

(2.) Upon the appointment of a new trustee it shall not be Not necessary obligatory to appoint more than one new trustee where only number of one trustee was originally appointed, or to fill up the original trustees. number of trustees where more than two trustees were originally appointed, but except where only one trustee was originally appointed a trustee shall not be discharged under this section from his trust unless there will be at least two trustees to perform the trust.

(3.) On the appointment of a new trustee any assurance or Vesting thing requisite for vesting the trust property or any part property in thereof jointly in the persons who are the trustees shall be

executed or done.

new trustee.

trustee.

(4.) Every new trustee so appointed, as well before as after Powers of new all the trust property becomes by law or by assurance or otherwise vested in him, shall have the same powers, authorities and discretions, and may in all respects act as if he had been originally appointed a trustee by the instrument (if any) creating the trust.

before testator.

(5.) The provisions of this section relative to a trustee who Trustee dying is dead, include the case of a person nominated trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing or retiring trustee, if willing to act in execution of the provisions of this section.

(6.) This section applies only if and as far as a contrary Contrary intention is not expressed in the instrument, if any, creating saved. the trust, and shall have effect subject to the terms of that instrument and to any provisions therein contained.

vesting in

3. Upon the death of a bare trustee of any corporeal or Property incorporeal hereditament of which such trustee was seized in personal reprefee simple, such hereditament shall vest in the legal personal sentation. representative from time to time of such trustee.

women as

4. Where any freehold hereditament is vested in a married Conveyances woman as a bare trustee she may convey or surrender the by married same as if she were a feme sole, and without her husband join- trustees. ing in the conveyance.

by trustees

5. The receipt in writing of any trustees or trustee for any Discharges money, securities or other personal property, or effects, payable, transferable or deliverable to them or him under any trust or power shall be a sufficient discharge for the same, and shall effectually exonerate the person paying, transferring or delivering the same from seeing to the application or being answerable for any loss or misapplication thereof.

Consignment

gagee.

6. Where any person entitled to any freehold land by way and release of of mortgage has departed or shall depart this life, and his mortgages of a deceased mort- executor or administrator has or shall become entitled to the money secured by the mortgage, or has assented or shall assent to a bequest thereof, or has assigned the mortgage debt, such executor or administrator, if the mortgage money was paid to the testator or intestate in his lifetime, or on payment of the principal money and interest due on the mortgage or on receipt of the consideration money for the assignment, may convey, assign, release or discharge the mortgage debt and convey the legal estate in the land; and such executor or administrator shall have the same power as to any portion of the lands on payment of some part of the mortgage debt, or on any arrangement for exonerating the estate, or any part of the mortgage lands without payment of money; and such conveyance, assignment, release or discharge shall be as effectual as if the same had been made by the person having the legal estate; provided, however, that nothing herein contained shall have the effect of declaring that this section as heretofore in force did not apply to the future as well as the past.

Proviso.

Certificates of payment and discharge.

Executor may

lease or dispose

7. Every certificate of payment or discharge of a mortgage or of the conditions therein, or of the lands or of any part of the same, or of any part of the money by the mortgagee or his assignee, his executors, administrators or assigns, or any one of them, at whatsoever times given and whether before or after the time limited by the mortgage for payment or performance shall, if in conformity with the laws relating to lands in Manitoba, be valid to all intents and purposes whatsoever.

8. Wherever there is any will or codicil of any deceased sell, appoint, person, any direction, whether express or implied, to sell, disof real estate. pose of, appoint, mortgage, incumber or lease any real estate, and no person is by the said will or some codicil thereto, or otherwise, by the testator appointed to execute and carry the same into effect, the executor or executors (if any) named in such will or codicil shall and may execute and carry into effect every such direction to sell, dispose of, appoint, incumber or lease such real estate and any estate or interest therein in as full, large and ample a manner, and with the same legal effect as if the executor or executors of the testator were appointed by the testator to execute and carry the same into effect.

Power to sell,

carried out by

9. Wherever there is in any will or codicil thereto of any etc., may be deceased person any power to any executor or executors in executor, etc. such will to sell, dispose of, appoint, mortgage, incumber or lease any real estate, or any estate or interests therein, whether such power is express or arises by implication, and whether the will or codicil actually appoints an executor or executors

or not, and wherever, from any cause, letters of administration with such will annexed have been by a court of competent jurisdiction in Manitoba committed to any person, and such person has given the additional security required by the Surrogate Court or a judge thereof, such person shall and may exercise every such power, and sell, dispose of, appoint, mortgage, incumber or lease such real estate and any estate or interest therein in as full, large and ample a manner, and with the same legal effect for all purposes as the said executor or executors might have done.

pointed by the

carry out

10. Wherever there is in any will or codicil thereto of Executor apany deceased person any power to sell, dispose of, appoint, mort- court may gage, incumber or lease any real estate or any estate or interest powers in will, therein, whether such power is express or arises by implica- etc. tion, and no person is by the said will or some codicil thereto or otherwise by the testator appointed to execute such power and letters of administration with such will annexed have been by a court of competent jurisdiction in Manitoba committed to any person, and such person has given the additional security required by the Surrogate Court or a judge thereof, such person shall and may exercise every such power and sell, dispose of, appoint, mortgage, incumber or lease such real estate and any estate or interest therein, in as full, large and ample a manner and with the same legal effect as if such last named person had been appointed by the testator to execute such power.

under agree

ments for sale

by deceased

person.

11. Wherever any person has entered into a contract in Conveyances writing for the sale and conveyance of real estate or of any estate or interest therein, and such person has died intestate, or without providing by will for the conveyance of such real estate, or estate or interest therein to the person entitled or to become entitled to such conveyance under such contract, then, whenever upon the supposition of the deceased being alive he would be liable to execute a conveyance, the executor, administsator or administrator with the will annexed (as the case may be) of such deceased person, shall make and give to the person entitled to the same a good and sufficient conveyance or conveyances of such estates and of such nature as the said deceased, if living, would be liable to give, but without covenants, except as against the acts of the grantor, and such conveyances shall be as valid and effectual as if the deceased were alive at the time of the making thereof and had executed the same, but shall not have any further validity.

administrators

12. Every executor, administrator and administrator with Executors and the will annexed, shall, as respects the additional powers may be com vested in him by this Act, and any money or assets by him pelled to disreceived in consequence of the exercise of such powers, be subject to all the liabilities and compellable to discharge all

charge duties