Short title. (2.) Where a writ of summons is served out of the jurisdiction of the court where the cause of action is a liquidated demand or account, and the defendant is proved by affidavit to have been served at the time of the service of the writ, or of the notice of writ served on him, with a statement showing fully the nature and amount of the claim sued for (which statement shall be such as is required in a special endorsement upon a writ of summons, to enable a plaintiff to sign final judgment for default of appearance to writs served within Manitoba) the plaintiff shall, where an order to proceed has been obtained according to the usual practice, be at liberty to sign final judgment without proof of such liquidated demand or account on oath by affidavit or otherwise as hitherto required by the practice in that behalf, nor shall personal service of any other process than the writ of summons and the statement showing the nature of the claim and account as aforesaid be required. 15. This Act may be cited as "The Court of Queen's Bench Act, 1886." Several Coun- HER CAP. XV. An Act respecting County Court Judges. [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. One or more County Court Judges may be appointed for Judges may be any division of a Judicial District for county court purposes appointed in a in the province; and in case more than one County Court division. Judge is appointed for any such division, each of the said judges shall have jurisdiction therein. Residence of judge. No county court judge to 0.11.0.29.512 2. Every County Court Judge shall reside within the district within any part of which his commission has given him jurisdiction. 3. No County Court Judge shall, for profit or emolumment, during the continuance of his appointment, directly or indirectly, practice in the profession of the law as counsel, attorney or solicitor or as a notary public, or conveyancer, or do any manner of conveyancing, or prepare any papers or documents to be used in any court of this province, under the penalty of forfeiture of office, and the further penalty of four hundred dollars, to be recovered by any person who sues for the same by action for debt or information in the court of Queen's Bench for Manitoba : and one-half of such pecuniary penalty shall belong to the party suing, and the other half to Her Majesty, for the uses of the Province. county court 4. All County Court Judges so appointed shall have and Powers of possess all the power and authority of, or belonging to, a judges. County Court Judge, in virtue of any law or statute in force in the province of Manitoba, and shall do and perform all duties incumbent upon him thereunder. HE ✓ CAP. XVI. An Act respecting Interpleader. [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:- county court. 1. When goods or chattels are seized under a writ of Order for trial execution or a writ of attachment issued out of the court of of certain interpleader Queen's Bench and an interpleader order made in case the issues in value of the said goods and chattels does not, in the opinion of the judge or other person making such order, exceed the sum of two hundred and fifty dollars, the order directing an issue to be tried shall direct that the issue shall be tried in the county court of the judicial division in which such goods and chattels or some part thereof were seized, or in such other county court as the judge or other person making such order may direct, and in such case the issue shall be tried in such county court. After such issue shall have been settled and Procedure. drawn up (up to which point the proceedings shall be carried on in the court of Queen's Bench) a copy of the same shall be filed with the clerk of the county court, and thereupon such issue shall become a cause in said county court, and all the provisions of the Act respecting county courts and amendments thereto, or any Acts which may at any time may be substituted therefor, shall apply to said issue. and valuation. 2. The affidavit of the sheriff or other officer applying for List of goods an interpleader order shall set out a list of the goods and chattels seized with the values placed upon them by said sheriff or other officer. Such list shall not be necessary where the total value of the goods and chattels seized amounts to the sum of four hundred dollars or more, Costs. 3. After such issue shall have been tried and determined, the costs shall be taxed by the clerk of such county court, according to the provisions of said county court Acts. The judge of said county court shall, after reviewing and, if necessary, correcting such taxation, endorse upon the copy of said issue filed as above provided, the judgment of said county court upon said issue, and shall also certify upon said copy the amount of costs so taxed. The clerk of the county court, deliver endors- after the time for appealing has expired, or sooner if the judge of such county court shall so order, shall deliver to the successful party the copy of such issue so endorsed, who shall file the same in the court of Queen's Bench. All subsequent proceedings in connection with the interpleader order by which such issue was directed shall be carried on in the court of Queen's Bench. Clerk to ed copy to successful party. Subsequent procedure. Appeals. 4. An interpleader issue tried in the county court as aforesaid shall be subject to appeal to the same extent, and subject to the same provisions, as any ordinary cause in the county court. In case an appeal is allowed, the clerk shall not deliver out said copy of the issue until after the final determination of the appeal. 47 Vic., c. 35, sec. 3, amended CAP. XVII. An Act to further Amend Chapter Thirty-five of the 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 3 of Chapter 35 of the Statutes of this Province passed in the forty-seventh year of Her Majesty's reign is hereby amended by striking out the words "fifty dollars" where they occur therein and substituting therefor the words "ten dollars and all calls made." CAP. XVIII. An Act respecting the Property of Agricultural pealed $.33.0.28.530. WHE [Assented to 28th May, 1886.] HEREAS, by the Statutes of Manitoba, 44 Victoria, Preamble. (1880), chapter 4, it was enacted that all sums of money, notes and estates whatsoever, belonging and appertaining to Agricultural societies established and existing under the provisions of the Statutes of Manitoba, 35 Victoria, chapter 15, and its amendments, should be transferred and handed over unto the Treasurer of the Province of Manitoba and by him held in trust, to be afterwards by him distributed in equal shares to each of the electoral division agricultural societies which might exist or might be organized, after the passing of the said Act, in the county to which the society to be dissolved under the provisions of the Statutes of Manitobo; 43 Victoria, chapter 25, was belonging. And whereas under the provisions of the said Act the sum Preamble. of six hundred and sixteen dollars and sixty-three cents ($616.63) was paid over by the Agricultural Society of the county of Selkirk to the Provincial Treasurer; Therefore Her 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 Agricultural Societies Short title. Property Act, 1886. Provincial Board of 2. The Treasurer of the Province of Manitoba shall, Payment by immediately after the coming into force of this Act, pay over Treasurer to to the Board of Agriculture of Manitoba, the said sum of six Agriculture. hundred and sixteen dollars and sixty-three cents ($616.63), which sum shall be applied by the said Board in the work of permanent improvements on the Provincial Exhibition grounds, and buildings occupied by the said Board. CAP. XIX. An Act to incorporate The Manitoba Dairy Association. HE [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Short title. Organization 1. This Act may be cited as "The Manitoba Dairy Act, 1886." 2. An Association to be known as "The Manitoba Dairy of Association. Association," may, as hereinafter provided, be organized, to be composed of all persons paying an annual subscription of not less than one dollar to the funds of the association, and who attach their signatures to a declaration in the form appended to this section, such subscriptions to be paid on or before the thirty-first day of October in each year. Form of declaration. FORM OF DECLARATION. We, whose names are subscribed hereto, agree to form ourselves into an association under the provisions of The Manitoba Dairy Act, 1886, to be called the Manitoba Dairy Association, and we hereby severally agree to pay to the SecretaryTreasurer of the said Association the sums set opposite our respective names, and we further agree to conform to the by-laws and rules of the said Association. First meeting. Receiving 3. As soon after the passing of this Act as fifty persons resident in the Province of Manitoba, have signed the declaration provided in the preceding section and paid their subscription to the person to be named by the Minister, as hereinafter provided, the Minister of Agriculture, Statistics and Health shall appoint a place for holding the first meeting for the organization of the Association, which meeting shall be held at the hour of one o'clock in the afternoon. The subscription. said Minister shall designate some person to attend the place fixed for the meeting on the day thereof from the hour of noon until one o'clock in the afternoon to receive subscriptions from persons intending to become members of the Association and at such meeting no person shall be allowed to vote unless he has paid a subscription of at least one dollar to the said person prior to one o'clock on the day of such meeting. At directors and the meeting for organization, and at each subsequent annual meeting, all persons who have paid such subscription may vote and they shall elect by ballot from among persons who have so paid and who reside in the Province, ten directors and one auditor. The directors so elected shall within two Vice-President weeks thereafter meet and elect from among themselves a Auditor. president, a first and a second vice-president and, either from Election of an auditor. President, Sec.-Treas. and |