Form 43-(section 318).

COMMITMENT AFTER EXAMINATION.

No.

[Seal.]

(As in the last form down to the asterisk (*), and then conclude as follows:)

And whereas the defendant, having duly appeared at the said court pursuant to the said summons, was examined touching the said matters;

And whereas it appeared on such examination that (here insert the particular ground of commitment in the language used in the statute, exempli gratia, the defendant contracted the debt, or incurred the liability, the subject of this action, under false pretences, or by means of fraud or breach of trust, or as the case may be);

And thereupon it was ordered by the said court that the defendant should be committed for the period of days to the common gaol of the Judicial District of this Province, according to the form of the statute in that behalf, or until he should be discharged by due course of law;

These are, therefore, to require you, the said bailiff and others, to take the said defendant and deliver him to the gaoler of the said common gaol, and you, the said gaoler, are hereby required to receive the defendant, and him safely keep in the said common gaol of the Judicial District of the Province for the period of days from the arrest under this warrant, or until he shall be sooner discharged by due course of law, according to the provisions of the Act of the Legislature in that behalf; for which this shall be your sufficient warrant.

Debt and costs up to the time of delivery of this warrant for execution

Subsequent costs and costs of arrest and carrying to prison..$

To V. W., bailiff, and to all constables and peace officers of the Province of Manitoba, and to the gaoler of the common gaol of the Judicial District of the Province of Manitoba :

Whereas, at the sitting of this court holden at day of

on

the 19 it was adjudged that E. F. then and there did in open court wilfully insult

of the said court (or did, in view of the said court, wilfully insult of the said court during his attendance at such court, or did unlawfully interrupt the proceedings of such court), and it was ordered that the said E. F. should forthwith pay a fine of for such offence, and in default of payment be committed Judicial District of this

to the common gaol of the Province for the period of

days;

And whereas the said E. F. did not pay the said fine in obedience to the said order;

These are, therefore, to require you, the said bailiff and others, to take the said E. F. and deliver him to the said gaoler of the said common gaol; and you the said gaoler are hereby required to receive the said E. F. and him safely keep in the said common gaol for the period of days from the arrest under this warrant, unless the said fine and costs, the costs amounting to $ and also the expenses attending the commitment, amounting altogether to the sum of $

Dated this

be sooner paid.

GENERAL FORM OF CONVICTION UNDER THE ACT.

Be it remembered that, on the

19

A. B. is convicted before me

Majesty's justices of the peace for the "The County Courts Act," of having at

the offence), and I,

day of

do adjudge the said A. B. to

and for costs

days from

forfeit and pay for the said offence the sum of $ the sum of $ forthwith (or within the date hereof) to the clerk of the County Court of and, in default of such payment, that he be committed to the common gaol of the Judicial District of this Province for the space of days, unless the said fine and costs, together with the costs of the warrant of commitment and the expenses attending the commitment, be sooner paid.

Given under my hand and seal, the day and year aforesaid.

R.S.M. c. 38, sch. D, form 56.

CHAPTER 45.

An Act respecting County Court Judges' Criminal Courts.

HIS

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 County Judges' Criminal Courts Act." R.S.M. c. 39, s. 1.

COURTS AND JUDGES.

judicial

2. In each judicial district there shall be a court, to be court estabknown as "The County Court Judge's Criminal Court, for lished in each (giving name of district)," each of which courts is hereby district. constituted and continued as a court of record, for the trial, without a jury, of any person committed to gaol on a charge of being guilty of any offence for which such person may be tried under the provisions of the Act of the Parliament of Canada, known as "The Criminal Code," or of any Act or Acts now or hereafter passed, amending or in substitution for the same, and for which offence the person so committed consents to be tried speedily and without a jury; and the Jurisdiction courts so constituted shall have and shall be deemed to have of. had, on and from the twenty-third day of July in the year one thousand eight hundred and eighty-three, the powers and duties which the said above in part recited Acts or any of them, or any other Act of the said Parliament passed in reference to such courts and trials, purports or purported to give, so far as the Legislature of the Province of Manitoba can give the same. R.S.M. c. 39, s. 2.

and powers

Judges who

3. Any such court may be presided over by a judge of a may preside. County Court within his judicial district, or by a judge of His Majesty's Court of King's Bench for Manitoba, if and as long as, under the said Acts of the Parliament of Canada, it shall remain lawful for any such judge so to do. R.S.M. c. 39, s. 3.

CHAPTER 46.

An Act respecting the Court of King's Bench.

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

lows:

SHORT TITLE.

"Rules of court."

"Cause."

"Action."

"Matter."

"Plaintiff."

"Petitioner."

1. This Act may be cited as "The King's Bench Act.” R.S.M. c. 40, 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 "rules of court" includes the rules appended to this Act, as well as any further rules to be made by the judges under the authority of this Act, and also includes forms;

(b) the expression "cause" includes any action, suit or other original proceeding between a plaintiff and a defendant;

(c) the expression "action" includes suit, set-off or counterclaim, and means a civil proceeding commenced by statement of claim or in such other manner as may be prescribed by rules of court;

(d) the expression "matter" includes every proceeding in the court not in a cause;

(e) the expression "plaintiff" includes every person asking any relief (otherwise than by way of counterclaim as a defendant) against any other person by any form of proceeding, whether the same be taken by action, suit, petition, motion, summons or otherwise;

(f) the expression "petitioner" includes every person making any application to the court either by petition, motion or summons otherwise than as against any defendant;

(g) the expression "defendant" includes every person "Defendant." served with any statement of claim or process, or served with notice of or entitled to attend any proceedings;

(h) the expression "party" includes every person serv-"Party." ed with notice of or attending any proceeding, although not named on the record;

(i) the expression "pleading" includes any petition or "Pleading." summons, but not writ of summons, and also includes the statement in writing of the claim or demand of any plaintiff, and of the defence of any defendant thereto, and of the reply of the plaintiff to any counterclaim of a defendant;

(j) the expression "judgment" includes decree ; (k) the expression "order" includes rule;

"Judgment."

"Order."

(1) the expression "oath" includes solemn affirmation "Oath." and statutory declaration;

officer."

(m) the expression "proper officer," unless and until "Proper any rule to the contrary is made, means an officer to be ascertained as follows:

(i) where any duty to be discharged under this Act is a duty which has been discharged by any officer, the proper officer to discharge such duty shall be such officer as has previously discharged analogous duties or, in the event of doubt, as may be directed by the chief justice to discharge the same or, in the absence of the chief justice, by one of the other judges;

(ii) where any new duty has, under this Act, to be discharged, the proper officer to discharge the same shall be such officer having previously discharged analogous duties, as may from time to time be directed by the chief justice to discharge the same;

(n) the expression "court" means His Majesty's Court "Court." of King's Bench for Manitoba;

(o) the expression "judge" means a judge of His "Judge." Majesty's Court of King's Bench for Manitoba, and includes the chief justice;

(p) the expression "verdict" includes the finding of a "Verdict." jury and the decision of a judge;

(q) the expression "vacation" comprises the vacations "Vacation." provided for in rule 397. R.S.M. c. 40, s. 2; 7-8 Ed. 7,

c. 12, s. 17.