treasurer of The Pharmaceutical Association of the Province of Manitoba for the use of the association. In default of payment and of sufficient distress, the offender shall, for the first offence, be liable to imprisonment for any term not exceeding two months, and, for each subsequent offence, for any term not exceeding four months. Every prosecution under this Act shall be commenced within six months from the date of the alleged offence. R.S.M. c. 131, s. 33. proof in 36. In any prosecution under this Act, it shall be in- Burden of cumbent on the defendant to prove that he is entitled to sell prosecution. or keep open shop for compounding medicines or retailing poisons, and to assume the title of chemist and druggist or other like title to the like effect; and the production of a certificate purporting to be under the hand of the registrar and under the seal of the said association, showing that he is entitled, shall be prima facie evidence that he is so entitled. R.S.M. c. 131, s. 34. SAVING CLAUSE. physicians not interfered 37. Nothing in this Act contained shall extend to or in- Privileges of terfere with the privileges conferred upon physicians and and surgeons surgeons by any of the Acts relating to the practice of medi- with. cine and surgery in this Province, and they may be registered as pharmaceutical chemists without undergoing examination, upon compliance with this Act and the by-laws of the association in all other respects, and thereafter they shall be subject to the requirements of this Act; nor shall it prevent auy person whatever from selling goods of any kind to any person legally authorized to carry on the business of an apothecary, chemist or druggist, or the profession of a doctor of medicine, physician or surgeon or veterinary surgeon, or to prevent the members of such professions supplying to their patients such medicines as they may require; and, upon the decease of any person legally authorized and actually carrying on the business of chemist and druggist at the time of his death, it shall be lawful for the executors, administrators or trustees of the estate of such person to continue such business so long as such business shall be bona fide conducted by a pharmaceutical chemist registered under this Act. R.S.M. c. 131, s. 36. SCHEDULES. The following are the schedules referred to in this Act:- Address of Name of purchaser. SCHEDULE D.-(SECTION 25.) CERTIFICATE OF REGISTRATION. I hereby certify that C. D., having complied with the requirements of "The Pharmaceutical Act," was, on the day of , A.D. 19 duly registered as a pharmaceutical chemist in the Province of Manitoba, from the day of 19 to the of 19 day Registrar of the Pharmaceutical Association of the Province of Manitoba. 7-8 Ed. 7, c. 47, s. 7. CHAPTER 154. An Act respecting the Cancellation and Amendment of HIS 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 "Plans Cancellation Act." 3 Geo. 5, c. 50, s. 1. Application to judge of PETITION. 2. Where a plan of a town or village site or of a subCounty Court. division into smaller lots or parcels of any section, lot, piece or parcel of land, or of a part thereof, has been registered under the provisions of any Act, the owner or owners representing at least sixty per cent. of the assessed value of the land, or a certain portion of the land, covered by such plan, may make application to a judge of the County Court of the judicial division in which such land is situate that such plan may be, wholly or as to the said certain portion of such land, annulled and taken from the registry office or land titles office, or varied or amended, and that he or they may enjoy the same free from any easements or rights of any person to keep open any lane, street, road, square or park shown on such plan. 3 Geo. 5, c. 50, s. 2. Application to be by petition. Contents of petition. 3. Such application shall be by petition signed by the applicant or applicants, addressed to the judge; and the petition shall state briefly the name, residence, occupation and post office address of each applicant, a description of the land covered by the plan or part of plan to be annulled, the date of the plan, the date of registration thereof, the portion. of the sub-divided lands sold or agreed to be sold, the portions of the lands owned by each applicant, the assessed value thereof, and the name, occupation and address, so far as the same are known to the applicant or applicants, or so far as can be ascertained by search in the registry office or land titles office, of each party, other than the applicants, who owns or appears to own, or who has an agreement for pur chase of, any portion of the sub-divided land, and the lots or portions so owned or agreed to be purchased, and the assessed value thereof, and, so far as known or can be ascertained as aforesaid, the like particulars of every person having any lien, charge or encumbrance upon, or interest in, such sub-divided land or any portion thereof. 3 Geo. 5, c. 50, s. 3. verified by statutory 4. The allegations in said petition shall be verified by the Petition to be affidavit or statutory declaration of the petitioners or one affidavit or of them; and a copy of the plan proposed to be cancelled, declaration. varied or amended, and of any proposed plan varying or amending it, shall be filed with or attached to the petition, and also verified as correct; but the judge may dispense with the production of a copy of the plan, where it is shown that no sales have been made thereunder, and that its production Production of is not essential to the consideration of the petition or of the rights of parties claiming to be affected thereby. 3 Geo. 5, pensed with. c. 50, s. 4. copy of plan may be dis HEARING. production 5. Upon receiving such petition, the judge may order the order for matter to be heard at any sittings of a County Court, or at of evidence any other time or place, and may in the meantime make of title, etc. such order for the production of evidence of title, and as to parties interested or who might be interested in the matter of the petition, and as to parties to be notified of such hearing, and as to the manner and form of such notification as he shall think proper or necessary. 3 Geo. 5, c. 50, s. 5. hearing to be 6. In every case the applicant or applicants shall give Notice of reasonable notice of the time and place fixed for the hearing given to to the municipality or municipalities within which such land lies. 3 Geo. 5, c. 50, s. 6. municipality. be presented 7. The applicant or applicants shall, at the hearing, pres-Proof to ent such proof to the judge as he shall require as to such judge in sub-divided lands and the persons to whom sold, or who may other parties claim an interest therein. 3 Geo. 5, c. 50, s. 7, part. regard to interested. of fees for 8. Registrars and district registrars shall make and fur- Limitation nish all searches, certificates, productions, abstracts, copies search, etc. and registrations, certified by the judge as necessary for any such application, for one-fourth of the fees ordinarily chargeable therefor, and where no entries are made against any lot no charge shall be made for an abstract or certificate relating thereto. 3 Geo. 5, c. 50, s. 11. |