Doctors and certain other persons not affected by this Act.

Prima facie evidence of practising.

(2) One-half of such fine shall be paid to the party or parties procuring such conviction. 9 Ed. 7, c. 47, s. 13; 2 Geo. 5, c. 58, s. 1.

16. Nothing in this Act shall be construed to apply to physicians or surgeons authorized to practice under the laws of Manitoba, nor to persons who sell glasses as on prescription from an oculist, or duly registered optometrist, nor to persons who sell complete, ready-to-wear glasses as merchandise from a permanent place of business. The use of test lenses or trial frames shall be deemed prima facie evidence of having practised optometry. 9 Ed. 7, c. 47, s. 14.

CHAPTER 150.

An Act respecting the Partition of Real Estate.

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

lows:

SHORT TITLE.

1. This Act may be cited as "The Partition Act.” R.S.M. c. 128, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,

"land."

(a) the expressions "lands" and "land" respectively "Lands," mean and include lands and tenements and all interests and estates therein;

"defendant."

(b) the expressions "plaintiff" and "defendant" include "Plaintiff," all parties interested in any proceedings under this Act; and all parties so interested, other than the plaintiff, shall be defendants;

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

(d) the expression "judge" means a judge of the said “Judge." court, and includes the chief justice. R.S.M. c. 128, s. 2.

VOLUNTARY PARTITION.

lands, how

3. Every partition of lands, voluntarily made by the Partition of parties thereto, shall be made by deed; otherwise the same to be made. shall be void, unless it be accompanied and followed by acts, facts and circumstances which render the transaction binding in equity. R.S.M. c. 128, s. 3.

JURISDICTION OF COURT.

entitled to estate may

4. All joint tenants, tenants in common and co-parceners, Parties all persons or parties entitled to any estate or interest by the courtesy, or as mortgagees, execution or judgment creditors, be compelled by lien, conveyance, devise or inheritance, or howsoever partition. otherwise in possession, reversion, remainder or expectancy,

or interested in any way or manner otherwise in any lands in

this Province, shall and may, by the judgment or order of the court, be compelled to make or suffer partition or sale of the said lands, or any part or parts thereof, as in this Act provided. R.S.M. c. 128, s. 4.

Persons interested may issue a statement of claim.

Proceedings, how to be entitled.

PROCEDURE BY ACTION.

5. Any person interested in any lands situate in this Province, or the duly authorized agent of such person, or the guardian of any infant or minor interested or entitled as aforesaid to or in the said lands or any part or parts thereof, can and may issue a statement of claim in the said court, setting forth the particulars as mentioned in section 7, and praying that a partition or sale of such lands or part or parts thereof may be made under the direction of the court; and the court may, upon the hearing of the statement of claim and defence thereto, if any, as in ordinary cases in the said court, pronounce or make such judgment or order for the partition or sale, if a sale shall appear more advantageous, of the said lands, subject to such conditions and on such terms as shall appear proper and expedient in the interest of all parties interested, with such directions as to inquiries, if any, as shall appear necessary and as the court shall see fit and proper to make:

Provided, always, that no steps shall be taken under this Act in respect of any lands or any estate or interest therein, vested in, or descended or belonging to, any person, from any person dying intestate, until six months after the decease of the intestate. R.S.M. c. 128, s. 5.

6. All proceedings under this Act may be entitled as follows:

Prothonotary (or Deputy Clerk of the Crown and Pleas).

In all other respects, except as provided in this Act, the statement of claim is to be framed as an ordinary statement of claim according to the principles of pleading and the general rules of the court. R.S.M. c. 128, s. 6.

claim to

7. Every person, having at the time of the issue of a statement of statement of claim any interest or estate as aforesaid in the fully describe said lands, shall or may be made a party to such action, either the lands. as plaintiff or as defendant.

(2) The statement of claim shall particularly and accurately describe the lands to be partitioned or sold, and shall also set forth

(a) the places of residence or domicile, and the tion, if any, of each person, plaintiff and defendant;

Residences

оссира- and occupa

tions of

parties.

parties.

(b) the interest, estate, right and title of each person, Interests of plaintiff and defendant therein, in anywise whatsoever, as accurately and concisely as possible, so far as the same may be known or can be ascertained.

to unknown

(3) If any one or more of such persons, or the share or Facts relating extent of interest or estate in said lands of any person in- persons or terested, be unknown, the facts in respect thereof shall be interests. set forth as far as known or as can be ascertained. R.S.M. c. 128, s. 7.

INFANTS.

infant or

guardian.

8. If any of the persons interested be an infant or minor, when an not having a legal guardian, the court or any judge may, minor is at any time before or after the statement of claim is issued, interested, upon proof that such infant or minor has been served with appoint a notice of the application a reasonable time before application, whether the said infant or minor be within or without the Province, appoint a suitable and discreet person to be guardian for such infant or minor, for the special purpose of taking charge of his interest in the proceedings to be taken in respect of the partition or sale of the said lands. R.S.M. c. 128, s. 8.

ian so

execute bond.

9. Every guardian so appointed, and every other guar-Every guarddian, shall at any time, when thereunto required by the appointed to direction or order of the court or judge, execute to the registrar of the court, or to the infant or minor, or to such other person or persons as the judge or court shall direct, according to the direction of the court or judge, a bond, with or without sureties as shall be directed, to be allowed by the said registrar upon proper proof of the sufficiency thereof, conditioned for the faithful discharge of the trust committed to him as such guardian and to render a just account of the guardianship when required by the court or judge, and upon such further condition as may be directed; and every guar- And may be dian in the proceedings, or in any matter connected therewith subject to or growing thereout, shall, in addition to all other remedies of order.

process for disobedience

Acts of

guardian shall

infant.

against him, be subject to have the process of the court by way of attachment or otherwise, on disobedience to, or noncompliance with, any order or direction of the court or a judge, issued against him by the court or a judge, as for a contempt of court; and the court or a judge shall have power and authority to order the issue of any such process of attachment for the causes aforesaid, any law, usage or custom to the contrary notwithstanding. R.S.M. c. 128, s. 9.

10. The guardians aforesaid shall represent the infants be binding on or minors in the proceedings; and their acts therein and in relation thereto shall be binding on the infants and minors, and shall be as valid and effectual as if done by such infants or minors after having arrived at the full age of twenty-one years. R.S.M. c. 128, s. 10.

Persons hav

ing a lien on

not be parties to proceedings.

ENCUMBRANCERS.

11. It shall not be compulsory, in the first instance, to the lands need make any person having a lien or encumbrance on the lands or estate, or any part thereof, a party to the proceedings; but the plaintiff may make such encumbrancers parties and set forth the lien or encumbrance; or such encumbrancers may subsequently be made parties to the proceedings in the master's office, or otherwise, by an order of the court or judge or of the master; and in such case they shall be bound by all the proceedings as if they had been made parties in the first instance; and if any lien or encumbrance is on the undivided share or estate of any of the parties or persons to the bill, it shall be a lien only on such share or estate; and such share or estate, as the case may be, shall be first charged with its due proportion of the costs of the proceedings in partition or sale, in priority to any such lien:

Proviso.

When parties

interested are

Provided, always, that, if the person having such lien shall not, in the first instance or subsequently, be made a party to the proceedings, his lien shall not be impaired or affected by the proceedings; and

Provided, further, that in any stage of the proceedings any amendments may be made by the omission or addition of persons or parties, or otherwise, as necessity or occasion shall arise, upon such terms as the court or a judge shall impose. R.S.M. c. 128, s. 11.

SERVICE.

12. In cases where some of the parties interested, or unknown, supposed to be interested, in the lands, or their residences, are unknown, the statement of claim, with the requisite

statement of claim with