CHAPTER 48. An Act respecting Crown Attorneys. HIS MAJESTY, by and with the advice and consent of SHORT TITLE. LieutenantGovernor may appoint. To be paid according to tariff. Duties of Crown attorney. To expedite 1. Act." This Act shall be cited as "The Crown Attorneys CROWN ATTORNEYS, THEIR FEES AND DUTIES. 2. The Lieutenant-Governor-in-Council may, for each judicial district of the Province, appoint, by commission and during pleasure, a barrister (being a member of the bar in Manitoba in good standing), to act as Crown attorney for such judicial district in all courts of criminal and civil jurisdiction in the Province. R.S.M. c. 42, s. 2. 3. Such officer shall be paid according to a tariff to be regulated from time to time by the Lieutenant-Governor-inCouncil. R.S.M. c. 42, s. 2. 4. Every Crown attorney shall, in his judicial district, (a) examine all informations and examinations, deposi-proceedings. tions, recognizances, inquisitions and papers connected with criminal offences which the magistrates and coroners of the Province are required by law to transmit to the clerk of the Crown and pleas, and, when necessary, cause such offences to be further investigated, and additional evidence to be collected, if required; also sue out process to compel the attendance of witnesses and the production of papers, so that criminal prosecutions may not be unnecessarily delayed, or fail through want of proof that might be secured; and To conduct prosecutions when requested. (b) when so requested by the Lieutenant-Governor-inCouncil, institute and conduct, on the part of the Crown, prosecutions for criminal and penal offences, with all the rights and privileges of the Attorney-General, and, generally, attend to all criminal business at the sittings of the Court of King's Bench, and perform also the like duties in the inferior courts of the Province; and cases to whether committed. (c) watch over the conduct of cases wherein it may be To watch questionable whether the conduct complained of be punish- ascertain able by law, or whether the particular act or omission pre- crime. sents more of the features of a private injury than a public offence; and, without unnecessarily interfering with private individuals who wish in such cases to prosecute, he may assume wholly the conduct of the case where, in his opinion, justice towards the accused seems to demand his intervention; and To institute before (d) if required, institute and conduct proceedings and conduct before any judge, magistrate, justice or justices of the peace proceedings under any law conferring summary powers to convict for magistrates. offences in relation to the public revenue, the public property, the public peace, the public health or any other matters made punishable on summary conviction before such judge, magistrate, justice or justices of the peace; and every Crown attorney is hereby empowered to institute such proceedings, on a complaint in writing, or, as a public prosecutor, in cases wherein the public interest requires the exercise of such office; and justices of requested. (e) when requested in writing by any magistrate, justice To Instruct or justices of the peace, who shall therein state the particular peace where case, advise and instruct such magistrate, justice or justices of the peace in, respect to criminal offences brought before him or them for preliminary investigation, or for adjudication on summary conviction; and To attend to court busi (f) perform all such duties and services in all courts of civil and criminal jurisdiction in the Province as might ness. have been performed by the Attorney-General, or as the Lieutenant-Governor-in-Council, from time to time, prescribes and directs; and sign indict (g) settle and sign all indictments and criminal inform- To settle and ations, except those filed ex officio by His Majesty's coroner ments. and attorney, and lay the same before the grand jury at the sittings of the Court of King's Bench for the trial of criminal matters and proceedings. R.S.M. c. 42, s. 4. before judge 5. No Crown attorney shall be qualified to act as such To take oath until he has taken before a judge of the Court of King's of Court of Bench the following oath, that is to say: I do swear that I will truly and faithfully, according to the best of my skill and ability, execute the several duties, powers and trusts of Crown Attorney for the Judicial District (as the case may be) of the Province of Manitoba, without favor or affection to any party. So help me God R.S.M. c. 42, s. 5. K. B. Oath. To render yearly account 6. Every Crown attorney shall, on or before the tenth to Lieut.-Gov. day of January in each year, render an account to the Lieutenant-Governor, under oath, of all emoluments received by him by virtue of his office for the preceding year. R.S.M. c. 42, s. 6. Clerk of Crown and pleas to act, when. 7. In case of the illness or unavoidable absence of the Crown attorney, or in default of any barrister being appointed to act, or in the absence of the Attorney-General for the time being, the clerk of the Crown and pleas shall act, and is hereby specially authorized and empowered to act, as Crown attorney. R.S.M. c. 42, s. 7. CHAPTER 49. An Act respecting the Sale of Milk and the Manufacture and Sale of the Products thereof. HIS IS MAJESTY, by and with the advice and consent of follows: SHORT TITLE. 1. This Act may be cited as "The Dairy Act." R.S.M. c. 43, s. 1. AID TO CREAMERIES AND CHEESE FACTORIES. creameries factories. 2. Out of any funds' appropriated by the Legislature of Aid to Manitoba, for the purpose of aiding creameries and cheese and cheese factories, the Minister of Agriculture and Immigration may make payments for the purpose of aiding in the establishment of creameries or cheese factories, subject and according to the provisions in the seven next following sections. R.S.M. c. 43, s. 2. Minister of 3. No such payment shall be made until a report shall Report to have been filed with the said Minister by an agent or com- Agriculture missioner appointed by him, recommending the establish- recommendment of a creamery or cheese factory in the place in which it is proposed to establish the same. R.S.M. c. 43, s. 3. ing aid. 4. Upon the filing of such report, and upon evidence Grant of ald. being filed with the said Minister, in such form as he shall approve, showing that a company or partnership has been formed or incorporated for the purpose of establishing and carrying on a creamery or cheese factory in the place recommended as aforesaid, and showing the amount of money which has been actually subscribed and paid by the promoters of the said creamery or cheese factory for the purposes thereof, and showing that such money has been deposited, in a chartered bank, to the credit of a person approved by the said Minister, the Minister may cause to be paid to such company or partnership a sum of money equal to the amount so subscribed and paid, but not exceeding five hundred dollars. R.S.M. c. 43, s. 4. Security for aid. Application of aid. Power of gage securing aid. 5. Such payment shall be by way of loan to the company or partnership, and shall be secured by a mortgage upon the machinery and plant of the said creamery or cheese factory so soon as the same is placed in position therein; and such mortgage shall be second only to any lien which may exist upon the said machinery and plant for unpaid purchase money. R.S.M. c. 43, s. 5. 6. All moneys advanced by the Minister under this Act shall be applied in payment for the said plant and machinery, unless the same is otherwise fully paid for. If the moneys advanced by the Minister are more than sufficient to pay for the said machinery and plant, or the balance unpaid thereon, then the remaining portion thereof shall go to the general funds of the company or partnership. R.S.M. c. 43, s. 6. 7. The mortgage referred to in section 5 hereof shall be under mort- made to the Minister of Agriculture and Immigration for the time being and his successors in office. The said Minister and his successors shall have power to take, hold and receive the said mortgage as security for the advances made under this Act, and shall have power to take all necessary or proper proceedings thereon for the enforcement and collection thereof in the same manner as a private individual might do. The company or partnership to which the advance is made is hereby empowered to make and execute the said mortgage with the usual statutory covenants, and the same when so made and executed shall be a good and valid security. The terms of repayment of the moneys secured by said mortgage shall be determined by the said Minister. R.S.M. c. 43, s. 7. Mortgage to have effect notwith fect in cor 8. Every such mortgage shall be deemed and taken to standing de- effect a valid transfer to the mortgagee of the property in all the machinery and plant therein described, notwithstanding proceedings any defect or want of validity in the incorporation or subsequent proceedings of any company that has executed or assumed to execute the same. poration or of company. Section to apply to (2) The provisions of this section shall apply to all chattel mort- chattel mortgages made or executed, or intended to be made or executed, in pursuance of the enactments in the foregoing sections of this Act, whether before or after the original coming into force of the provisions of this section. R.S.M. c. 43, s. 8. gages executed before or after passing of section. |