Judgment and execution in the opinion of the judge or jury, the party aggrieved, under the circumstances, is justly entitled to recover. R.S.M. c. 38, s. 198, and s. 199, part. 201. If a judgment be obtained in any action or proagainst bail-ceeding in the two last preceding sections mentioned, execution may immediately issue thereon. R.S.M. c. 38, s. 199, part. iff and his sureties in such case. Meaning of "trader." Priority of execution certain cases. EXECUTIONS AGAINST TRADERS. 202. The following persons are traders within the meaning of the seven next following sections: (a) persons who, as a means of livelihood, buy or otherwise acquire goods, wares and merchandise ordinarily the subject of trade and commerce, and sell or otherwise dispose of the same to others; (b) commission merchants, whether they sell by auction or otherwise; (c) manufacturers. R.S.M. c. 38, s. 200. 203. In respect of writs of execution issued out of any abolished in County Court for fifty dollars or more against any trader, and placed in the hands of any bailiff, priority of claim upon what is realized under such writs of execution is hereby abolished. R.S.M. c. 38, s. 201. Advertisement. Bailiff to hold moneys and then distribute rateably. 204. When a bailiff realizes any moneys under a writ of execution against a trader, he shall forthwith give notice thereof in The Manitoba Gazette by a short notice, which shall set forth the name and residence of the defendant, the gross amount of money realized, the amount of bailiff's costs to be deducted therefrom, and the total amount of the unsatisfied executions in force in the bailiff's hands against the defendant. The King's Printer shall insert the said notice. on payment of a fee of one dollar. R.S.M. c. 38, s. 202. 205. The bailiff shall hold the said moneys for a period three months of three months from the publication of the notice, and thereupon shall distribute the said moneys and any other moneys which he may in the meantime have realized under the same or any other writs of execution against the same trader (as to which moneys subsequently made no notice need be published), dividing the same rateably among the persons having unsatisfied executions in force in the said bailiff's hands at the date of distribution. R.S.M. c. 38, s. 203. 206. If any person to whom the same trader is justly liable for any cause of action in contract is unable, for any reason which he cannot by due diligence overcome, to obtain judgment against the said trader, either in the Court of King's Bench or in a County Court, the judge of the County Court may order the distribution by the bailiff to be wholly or partially delayed, as may seem just, for a further period. Such judge may, if he sees fit, order part of the money to be distributed and part thereof to be held for a further period, to the end that the persons entitled may receive their rateable shares as soon as possible. R.S.M. c. 38, s. 204. Judge may delay distribution. Judgments in 207. Any person having an unsatisfied judgment in any other courts. other court against the same trader, at any time before the distribution of the said moneys, may procure a memorandum thereof under the seal of the court, and file the same with the bailiff who has realized money as aforesaid. Thereupon such person shall be entitled to share rateably in the distribution as if he were an execution creditor. R.S.M. c. 38, s. 205. 208. The Lieutenant-Governor-in-Council may fix a Bailiff's fees. tariff of fees in respect of the duties to be performed by bailiffs under the six last preceding sections. R.S.M. c. 38, s. 206. EXECUTION OF COUNTY COURT WRITS BY SHERIFFS. Where fi. fa. satisfied as to issue writ sheriff. 209. In any case in a County Court where judgment returned unhas been recovered for the sum of one hundred dollars or $100 or more upwards, and execution has been issued therefor, and such clerk may execution has been returned, a writ or writs of execution directed to may, at any time thereafter, while such judgment remains unpaid to the extent of one hundred dollars or upwards, be issued by the clerk of such County Court at the instance of the plaintiff, directed to the sheriff or sheriffs of any one or more judicial districts in the Province. R.S.M. c. 38, s. 207. on writ to 210. Such writ shall be endorsed to levy the amount Endorsement of the judgment and interest thereon, and the sum of fifty sheriff. cents only for the writ, together with sheriff's fees andpoundage. R.S.M. c. 38, s. 208. writ. 211. On and from the receipt by the sheriff of such Effect of writ, the same shall have force and effect and shall confer upon the plaintiff, the defendant and the sheriff the like rights, duties, liabilities and powers in every respect as if it were a writ of execution issued out of the Court of King's Bench upon a judgment recovered therein; such writ or writs shall have the same duration as writs of execution issued out of the Court of King's Bench, and may be renewed by the clerk of the County Court in the manner provided in this Act for the renewal of writs of execution in the County Court, and the practice in respect of such renewal shall otherwise be the same as is the practice in respect to the renewal of writs of execution issued from the Court of King's Bench. R.S.M. c. 38, s. 209. Transcribing judgment into other County Courts. Proceedings after issue of transcript. Setting aside judgment on transcript. Effect of filing orders, setting ing judgment TRANSCRIBING JUDGMENT INTO OTHER COUNTY COURTS. 212. After six days from the day of signing any judg ment in a County Court, unless proceedings have in the meantime been stayed by the order of a judge, and then at the expiration of such stay of proceedings, or at such other time as the judge may order, the clerk shall, upon application for that purpose, prepare a transcript of such judgment and deliver the same to, or send the same by post or otherwise to, the applicant; and such transcript may be filed in the office of any County Court, and shall thereupon become a judgment of such court, and all proceedings may thereupon be taken and had as on any other judgment of said court. (2) When a transcript has been issued under this section no further proceedings shall be taken in the court from which the transcript issued, except by leave of a judge. R.S.M. c. 38, s. 210; 7-8 Ed. 7, c. 10, s. 22. 213. The judge of the court out of which said transcript issued shall have power to set aside any judgment so obtained in any other court by the filing of such transcript as aforesaid and all proceedings had or taken thereunder, or to stay proceedings thereunder, within the same limit of time and in like manner as if the said judgment had not been transferred and an application had been made in respect thereto within the authority of said judge to consider and adjudicate upon. R.S.M. c. 38, s. 211. 214. The filing of a copy of the order so setting aside aside or stay- any such judgment or staying proceedings thereunder, certion transcript. fied as such by the clerk of the court from which such transcript issued, shall have the effect of cancelling said judgment or of staying such proceedings thereunder as may be declared in and by said order. R.S.M. c. 38, s. 212. REGISTRATION OF JUDGMENTS. cates of may issue. effect of 215. Any party who has obtained a judgment in a When certiCounty Court for a sum exceeding forty dollars may at any judgments time obtain a certificate from the clerk of such court in the form given in the schedule of forms or to the like effect; which certificate shall, on the request of the party obtaining the same, be registered under "The Registry Act" in any registry office or land titles office, on payment to the registrar or district registrar of one dollar; and from the time of Binding the registering of the same the said judgment shall bind registered and form a lien and charge on all the lands of the judgment Court debtor in any district in the registry office of which such Judgment, certificate is registered, except lands subject to "The Real Property Act," the same as though charged in writing by the judgment debtor under his hand and seal, with the amount of the said judgment, and after the registering of such certificate the judgment creditor may, if he shall elect to do so, forthwith proceed upon the lien and charge thereby created. R.S.M. c. 38, s. 213; 5-6 Ed. 7, c. 15, s. 1. County may be land titles 216. Any such certificate may be registered under "The Certificate Real Property Act" in a land titles office, and such regis-registered in tration shall have, with regard to lands subject to "The office. Real Property Act," which then are or may thereafter be registered in such land titles office, the same effect as above mentioned. R.S.M. c. 38, s. 214. Registered be a lien registered two years. 217. Every judgment registered under either of the judgments two last preceding sections or under any former Act relating shall cease to to the County Courts shall, in two years after such judgment unless rehas been registered, cease to be a lien or charge upon the every lands of the judgment debtor or anyone claiming under him, unless before the expiration of the said period of two years such judgment be re-registered; and such lien or charge shall cease whenever the period of two years has at any time been allowed to elapse without a further registry. R.S.M. c. 38, s. 215. ing against 218. No proceedings shall be taken under any such No proceedregistered judgment as is mentioned in any of the three land exlast preceding sections against any land exempted by section empted by 9 of "The Judgments Act." R.S.M. c. 38, s. 216. DEATH OF PARTIES. Judgments of actions. 219. Where one or more of several plaintiffs or defen- Abatement dants die before judgment, the action shall not abate if the cause of action survive to or against the surviving party. R.S.M. c. 38, s. 219. Death of parties after judgment. Revival of actions where By whom. 220. Where one or more of several plaintiffs or defendants die after judgment, proceedings thereon may be taken by or against the survivors or survivor without leave of the R.S.M. c. 38, s. 220. court. 221. If the sole plaintiff, or one or more of several plaintiffs, or the sole defendant, or one or more of several defendants, die before or after judgment, the action may, at the instance of the personal representative of either plaintiff or defendant, deceased, or at the instance of any surviving plaintiff or defendant, on obtaining a judge's order therefor, be revived in respect of the deceased plaintiff or defendant, by the substitution of the personal representative; Proceedings and thereupon all subsequent proceedings shall take place as in ordinary cases, as though the action had been brought as revived, or judgment had been obtained for and against, or for, or against, the parties as revived; and the costs of such revivals shall be added to the costs in the cause, unless a judge shall otherwise order. R.S.M. c. 38, s. 221. after. When action will lie. Goods, etc., wrongfully distrained. REPLEVIN. 222. Whenever any goods, chattels, bonds, debentures, promissory notes, bills of exchange, documents, books of account, papers, writings, valuable securities or other personal property or effects, the value of which does not exceed five hundred dollars, (a) have been wrongfully distrained under circumstances in which, by the law of England as it stood on the fifteenth day of July, 1870, replevin might be made, or (b) have been otherwise wrongfully taken or detained, the person complaining of such distress as unlawtaken or de- ful, or the owner or person capable of maintaining an action be recovered; of trespass or trover for personal property (as the case may for detention. be), may bring an action of replevin, in the manner and subject to the limitations prescribed by this Act, for the recovery thereof, and for the recovery of the damages sustained by reason of such distress or such unlawful taking and detention or such unlawful detention. Goods wrongfully tained may also damages Jurisdiction in what court. Affidavit required replevin to issue. (2) The writ of replevin shall issue out of the court of the judicial division in which the property to be replevied is situated. R.S.M. c. 38, ss. 222 and 223, part; 7-8 Ed. 7, c. 10, s. 23. 223. Before any writ of replevin shall issue, the person before writ of claiming the property, or his servant or agent, shall make and file with the clerk of the court an affidavit which shall be entitled in the court out of which the writ is to issue, giving a description of the property aforesaid and the value |