FORM E-RECOGNIZANCE OF JURORS UPON AN ADJOURNMENT

(SECTION 15).

Gentlemen, you acknowledge yourselves severally to owe to our Sovereign Lord the King the sum of one hundred dollars, to be levied upon your goods and chattels, lands and tenements, for His Majesty's use, upon condition that, if you and each of you do personally appear here again on day of

clock in the

being the

A.D. 19

at

,

of the precisely, then and there to make further enquiry, on behalf of our Sovereign Lord the King, touching the death of of whose body you

have had the view, then this recognizance to be void, or else to remain in full force. Are you content?

10 Ed. 7, c. 14, form F.

FORM F-RECOGNIZANCE OF WITNESSES UPON AN ADJOURNMENT

(SECTION 15).

Gentlemen, you acknowledge yourselves severally to owe to our Sovereign Lord the King the sum of one hundred dollars, to be levied upon your goods and chattels, lands and tenements, for His Majesty's use, upon condition that, if you and each of you do personally appear here again on

day of

clock in the

give evidence on behalf of our death of

or else to remain in full force.

A.D. 19

being the at of the precisely, then and there to Sovereign Lord the King, touching the then this recognizance to be void, Are you content?

10 Ed. 7, c. 14, form G.

Whereas by an inquisition taken before me,

one of His Majesty's coroners for the Province of Manitoba, on the

These are therefore, by virtue of my office, in His Majesty's name to charge and command you, the said constables and others aforesaid, or any of you, forthwith safely to convey the body of the said

of

to His Majesty's gaol at the

aforesaid, and safely to deliver him to the keeper of said gaol. And these are likewise, by virtue of my said office in His Majesty's name, to charge and require you, the said keeper, to receive the body of the said into your

custody, and him safely to keep in gaol until he shall be thence discharged by due course of law; and for so doing this shall be your

FORM H-RECOGNIZANCE BEFORE CORONER (SECTION 17.)

Province of Manitoba

To Wit:

Be it remembered, that

do severally

acknowledge to owe to our Sovereign Lord the King the sum of dollars each, of lawful money of Canada, to be levied on their several goods and chattels, lands and tenements, by way of recognizance, to His Majesty's use, in case default shall happen to be made in the condition hereunder written.

The condition of this recognizance is such, that if the above bounden do severally personally appear at the next court of assize and general gaol delivery to be holden in and for the Judicial District of said Province, and the said shall then and there prefer, or cause

to be preferred to the grand jury, a bill of indictment against

for the

late of

and now in custody

of

and that the said "

do then and there severally personally appear to give evidence upon such bill or indictment to the said grand jury; and in case the said bill of indictment be found by the grand jury a true bill, that then the said

and

do severally personally appear at the said court of assize, and general gaol delivery, and the said

the said

shall then and there prosecute on such indictment, and the said do then and there severally give evidence

to the jury that shall pass on the trial of the said

touching the premises, and not depart the court without leave, then this recognizance to be void, otherwise to remain in full force.

Taken and acknowledged this

before me,

day of

Coroner.

10 Ed. 7, c. 14, form I.

FORM I-WARRANT TO BURY AFTER A VIEW (SECTION 19).

Canada,

Province of Manitoba.

To Wit:

To the minister and churchwardens of

and to all others whom it may concern:

Whereas, an inquisition hath this day been held upon view of the body of who now lies dead in your these are therefore to certify that you may

lawfully permit the body of the said
to be buried; and for your so doing this is your warrant.

Given under my hand and seal this

,

one thousand nine hundred and

day of

10 Ed. 7, c. 14, form J.

Το

FORM J-WARRANT FOR JUROR OR WITNESS (SECTION 21).

a constable or peace officer in and for the Province of Manitoba: Whereas

was duly summoned to appear before me on the day of

as a juror, as the case may be)

And whereas the said

after being openly called upon three times, failed to appear in answer

to such summons,

These are therefore to command you, in His Majesty's name, forthwith to apprehend the said

and bring him before me at day of

on the
at

was summoned to

day of

A.D. 19 in accordance with the provisions of "The Coroners Act" to (serve as a juror or give evidence, as the case may be), And whereas the said

after

being openly called three times, did not appear, or appeared but refused without reasonable and lawful excuse to (serve as a juror or give evidence, as the case may be).

And whereas the said

brought before me on the

day of

was

A.D. 19 and then and there failed to show cause why he did not obey the said summons,

And whereas I thereupon adjudged that the said

for his default (or refusal) should forfeit and pay the sum of

together with the sum of

he has failed to pay the same.

These are therefore to command you, the said

for costs; and

in His Majesty's name forthwith to make distress of the goods and chattels of the said

days next after the making of such distress, the said sums, together with the reasonable charges of taking and keeping the distress, shall not be paid, then you do sell the said goods and chattels, so by you distrained, and do pay the money arising from such sale unto me, that I may pay and apply the same as is by law directed, and may render the overplus, if any, on demand to the said

and, if no such distress can be found, then that you certify the same unto me, to the end that such further proceedings may be had thereon as to law doth appertain. Given under my hand and seal this

FORM L-SUMMONS TO MEDICAL WITNESS (SECTION 27). Coroner's inquest at

upon the body of

By virtue of this my order as coroner for

you are hereby required to appear before me and the jury at

o'clock, to give evidence touching the cause of death of

(And when the witness is required to make or assist at a postmortem examination add "and make or assist in making a post-mortem examination of the body with (or without) any analysis (as the case may be), and report thereon at the said inquest.")

C. P.,

Coroner.

10 Ed. 7, c. 14, form M.

CHAPTER 43.

An Act respecting a Court of Appeal for Manitoba.

1

How court constituted.

Jurisdiction

of the judges.

Rank and precedence of the judges.

Seal of the court.

Oath of office.

HI

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

follows:

SHORT TITLE.

1. This Act may be cited as "The Court of Appeal Act." 5-6 Ed. 7, c. 18, s. 1.

INTERPRETATION.

2. In this Act and the rules enacted therewith or which may hereafter be made hereunder, unless the context otherwise requires,

(a) The expression "court" means the Court of Appeal.

ORGANIZATION.

3. The court heretofore created, under the name of the Court of Appeal, shall exist and continue under that name, and shall consist of a chief justice, who shall be styled "the chief justice of Manitoba," and four other judges, to be called judges of Appeal, and said court shall sit at the City of Winnipeg, and each of the said judges shall have all the jurisdiction, both civil and criminal, possessed by any judge of the Court of King's Bench under any statute of Canada or of this Province.

(2) The chief justice of Manitoba shall have rank and precedence over all other judges of the courts in Manitoba, the chief justice of the King's Bench shall have rank and precedence next after the chief justice of Manitoba, and the other judges of the Court of King's Bench and of the Court of Appeal shall have rank and precedence among themselves according to their seniority of appointment.

(3) The seal of the court shall be such as shall be approved of by the Lieutenant-Governor-in-Council. 5-6 Ed. 7, c. 18, s. 2; 2 Geo. 5, c. 12, s. 1.

4.

Every judge of the court, previous to entering upon the duties of his office, shall take the following oath, to be administered by the Lieutenant-Governor, the chief justice of the court or any puisne judge of the court:

I,

as chief

solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, exercise the powers and trusts reposed in me justice (or one of the puisne judges) of the Court of Appeal for Manitoba. So help me God. 5-6 Ed. 7, c. 18, s. 5.

JURISDICTION.

powers of

5. The chief justice of Manitoba and the other judges of Dutles and Appeal shall also be ex-officio judges of the Court of King's the judges. Bench and may, in addition to their duties as judges of the Court of Appeal, preside over any trials of civil or criminal cases in the Court of King's Bench to be tried before a judge with a jury, and over any trials at bar, and over the trials of any election petitions, and any of them may also hold sittings of the County Court Judge's Criminal Court for the trial of criminal matters and proceedings to be heard, tried and disposed of by a single judge without a jury, and for all purposes shall have all the powers, rights, privileges and immunities of a judge of the Court of King's Bench. 5-6 Ed. 7, c. 18, s. 6; 1 Geo. 5, c. 14, s. 9.

Court of

exercise ap

diction

6. The Court of Appeal shall be vested with and shall Appeal to exercise all the rights, powers and duties which immediately pellate jurisprior to the twenty-third day of July, 1906, were held, drafter. exercised and enjoyed, under and by virtue of "The King's Bench Act," or any other statute of this Province or of the Dominion of Canada, by the Court of King's Bench sitting in banc and as a court of appeal from the judgment, decision, order or decree of a single judge, or verdict of a jury, or of a Surrogate Court judge or of a County Court judge, or verdict of a County Court jury.

(2) All applications for new trials and all appeals of the nature of those which, before the said twenty-third day of July, 1906, were heard and disposed of by or before the Court of King's Bench sitting in banc shall be brought before and heard and disposed of by the Court of Appeal, and the Court of King's Bench shall not have or exercise any appellate jurisdiction.

(3) Nothing in this section shall be construed so as to take away the jurisdiction of the said Court of King's Bench to sit in banc for the hearing and disposition of any matters other than appeals or applications for new trials which may come or be brought before it. 5-6 Ed. 7, c. 18, s. 7, part.

extent of

7. The court shall hear and determine all applications Nature and for new trials, all questions or issues of law, all questions or jurisdiction. points reserved for the opinion of the court, all appeals or motions in the nature of appeals, all petitions, and all other