CHAPTER 28. An Act to amend "The Fires Prevention Act." [Assented to February 9th, 1906.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: substitution. 1. Sections 34 to 47, both inclusive, of "The Fires Repeal and Prevention Act," being chapter 64 of the Revised Statutes of Manitoba, 1902, are hereby repealed and the following sections substituted therefor: sioner for 34. There shall be for the Province of Manitoba an Fire Commisofficer to be known and designated as the fire commissioner Province. for Manitoba. Deputy and 35. The Lieutenant-Governor-in-Council may appoint, Appointment. from time to time, a fit and proper person to fill the office clerks. of such fire commissioner, and may also appoint a deputy of such fire commissioner and necessary clerks and assist ants, and fix the salaries to be paid to them out of the Consolidated Revenue Fund of the Province, and all such To be under officers, clerks and assistants shall be attached to the General. Department of the Attorney-General. Attorney missioner with 36. Whenever any fire has occurred in this Province, Duties of Comwhereby any house or other building or any property what-regard to ever therein has been wholly or in part consumed or in- fires. jured, it shall be the duty of the fire commissioner to institute an inquiry into the cause or origin of such fire, and ascertain if possible whether it was kindled by design or was the result of negligence or accident, or how otherwise, and such inquiry may be made by him either in person or by his deputy, or by some competent person or persons employed by him for that purpose. 37. The deputy of the fire commissioner may, at the Powers of request or in the absence or illness of the fire commissioner, Deputy. act in his place and stead, and when so acting shall have all the powers, authority and jurisdiction of the fire commissioner himself. 38. The fire commissioner shall ex officio possess all the Powers of power, authority and jurisdiction of any Judge of a County Commissioner. Witnesses examined under oath. Compelling witnesses to attend. Warrant for witness with summons. Court or coroner for all purposes connected with such inquiry, and shall have power to summon before him all persous whom he deems capable of giving information or evidence touching or concerning such fire. 39. Such persons shall be examined under oath before the fire commissioner, who is hereby authorized to administer such oath, and he shall reduce their examinations into writing, either with or without the intervention of a stenographer. 40. If any person summoned to appear before the fire commissioner neglects or refuses to appear at the time and place specified in the summons, then. on proof of the service of such summons, either personally or by leaving the same for him at his last or most usual place of abode, the fire commissioner may, if the circumstances shall seem to him to justify the same, issue a warrant under his hand to bring and have such person, at a time and place to be therein mentioned, before him to give evidence and answer his contempt. 41. If the fire commissioner be satisfied by evidence out previous upon oath that it is probable that such person will not attend to give evidence without being compelled to do so, then instead of issuing a summons he may, in the first instance, issue his warrant. Witness refusing to answer may be imprisoned. Arrest of persons disturbing peace at fires. Assistance of police. 42. If, on the appearance of a person so summoned before the fire commissioner, either in obedience to such summons or being brought before him by virtue of a warrant, such person refuses to be examined upon oath concerning the premises, or refuses to take such oath, or, having taken such oath, refuses to answer the questions concerning the premises then put to him, without giving any just excuse for such refusal, the fire commissioner may, by warrant under his hand, commit the person so refusing to a common gaol, there to remain and be imprisoned for any time not exceeding one month, unless in the meantime he consents to be examined and to answer concerning the premises. 43. The fire commissioner shall have all the authority and jurisdiction of a police magistrate or provincial constable for the arrest and punishment of all persons disturbing the peace at any such fire or suspected of stealing any property whatever at such fire, and to cause the offenders or persons so suspected to be brought before him or a police magistrate to be dealt with according to the law. 44. The fire commissioner shall be entitled to command the services of one or more police officers or constables during such inquiries, and for the service of any summons or the execution of warrants issued by him. prairie fires. 45. The fire commissioner, when requested so to do Inquiries as to by the Attorney-General, shall institute an inquiry into the cause and origin of any prairie fire, or any other fire; and in proceeding with such inquiry he shall have all the powers, authority and privileges conferred on him in reference to cities, towns and other municipalities in Manitoba. investigation 46. The fire commissioner shall make and keep in his Records of office a record of all investigations made by him under this to be kept. Act, together with all depositions, examinations and proceedings had and taken before him relative to the causes or origins of all fires investigated by him, and such record and papers shall at all times be open to public inspection. enter premises 47. The fire commissioner, his deputy and subordinates Authority to shall have authority at all times, by day or by night, in the performance of the duties imposed upon them by the provisions of this Act, to enter into and upon and examine any building or premises where any fire has occurred and other buildings and premises adjoining or near the same. may be held in 48. Any investigation held by or under the direction of Investigations the fire commissioner under this Act may, in his discretion, private. be private, and persons other than those required to be present by the provisions of this Act may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they shall have been examined. enter upon the removal of remedy conditions. 49. The fire commissioner or his deputy or subordinates, Power to the chief's of the fire departments of all cities, towns and premises for villages where a fire department exists, and the mayor of any combustible town or village where no fire department exists, upon com- materials or to plaint of any person having an interest in any building or dangerous property adjacent, or without any complaint, shall have the right at all reasonable hours, for the purposes of examination, to enter into and upon all buildings and premises within their jurisdiction, and whenever any of the said officers shall find in any building or upon any premises combustible material, or conditions dangerous to the safety of the said building or premises, they may order such combustible material to be removed or such dangerous conditions remedied, and every such order shall be forthwith complied with by the owner or occupant of said building or premises; provided, however, that if the said occupant or owner shall deem himself aggrieved by any such order, made by any person other than the fire commissioner, he may within commissioner from any order for removal. Appeal to fire forty-eight hours appeal therefrom to the fire commissioner, and the cause of complaint shall be at once investigated by the direction of the latter, and unless the order is revoked by the authority of the fire commissioner such order shall remain in force and be forthwith complied with by such owner or occupant, and there shall be no appeal from the order of the fire commissioner in any such matter. Penalty for disobedience of order. Tax on fire insurance companies to defray expenses of fire er's office. 50. Any owner or occupant of buildings or premises failing to comply with the orders of any of the authorities in the last preceding section mentioned shall be liable, on summary conviction therefor before a justice of the peace, to a fine of not less than ten dollars nor more than fifty dollars for each day's neglect or failure to comply therewith, and, in default of payment of such fine, to imprisonment for any term not exceeding thirty days. 51. For the purpose of maintaining the office of the fire commissioner and paying the expenses incident thereto, every fire insurance company doing business in the Province of commission- Manitoba shall pay to the Provincial Treasurer before the first day of April, annually, in addition to all other taxes required by law to be paid by such companies, one-third of one per cent. on the gross premium receipts of such companies on all business done in Manitoba during the calendar year next preceding, as shown by their annual statements, under oath, to the Provincial Treasurer in compliance with "The Corporations Taxation Act." Commissioner to have no other business. Office to be open at all times. Annual report to AttorneyGeneral. 52. The fire commissioner shall not engage in any other business, and he or his deputy, or one of his assistants, shall at all times be in his office ready for such duties as are required by this Act. 53. The fire commissioner shall submit annually, as early as consistent with full and accurate preparation, and not later than the fifteenth day of January, a detailed report of his official actions to the Attorney-General, who shall embody the material portions thereof in his annual report to the Lieutenant-Governor. 54. Witnesses summoned by the said fire commissioner shall be entitled to receive the same fees as are now paid to witnesses under "The County Courts Act." 2. This Act shall come into force on the day it is assented to. CHAPTER 29. An Act respecting the adoption of a Floral Emblem of the Province. [Assented to March 16th, 1906.] WHEREAS it is deemed wise and expedient to adopt a Preamble. emblem of the Province; and whereas it is believed that the flower botanically called the anemone patens, and popularly known as the "crocus," is most appropriate for the said purpose, Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: anemone 1. The flower known botanically as the anemone Crocus or patens, and popularly called the "crocus," shall be adopted patens to be as and deemed to be the floral emblem of the Province. 2. This Act shall come into force on the day it is assented to. floral emblem. |