of documents Examination 9. Where necessary to examine the original of any inby judge to be strument, plan, book or document, the judge may attend at free of charge. the registry office or land titles office and examine the same free of charge, but he shall have no power to order any registrar or district registrar to appear before him at the hearing. Except as aforesaid, the judge shall have the power to order the attendance before him of any person for the purpose of giving evidence on such application. 3 Geo. 5, c. 50, s. 12. JUDGE'S POWERS CANCELLATION- 10. If at the trial it appears to the judge that any person, other than the applicant or applicants, has any interest in the said lands, which interest it may be necessary or proper to dispose of in view of the proposed cancellation or amendment, he may take evidence as to and decide the value of such interest, on such basis as may to him seem just and reasonable, and may direct that a sum not exceeding double the amount of the value so found shall, within such time as he shall deem reasonable, be tendered to the persons having such interest, or to their respective agents or solicitors, or, in case of inability to make such tender or of such tender being refused, that upon filing a copy of the judge's order, said sum shall be paid into the Court of King's Bench at Winnipeg to the credit of such persons. 3 Geo. 5, c. 50, s. 7, part. 11. Upon proof of payment to the proper parties of the compensation mentioned in the preceding section, or of the tender thereof and the consequent payment into court as aforesaid, the judge may, by order under his hand and seal, vest the interest and title of any such persons in such lands or any part thereof in the applicant or applicants; and such order shall have the effect of transferring to and vesting in said applicant or applicants all the interest and title of such persons in such lands, as fully and completely as if such persons had conveyed such interest and title to such applicant or applicants. 3 Geo. 5, c. 50, s. 8. 12. The judge shall have power, by order under his hand, to cancel, vary or amend any such plan, or any part thereof, and to provide for the enjoyment by the applicant or applicants of the whole or any part of such sub-divided land free from any easement or right of any person to keep open any road, street or lane shown on such plan, and to provide that the land forming any such road, street or lane so closed shall belong to and shall thereby become vested in severalty in the owners of the lands immediately adjoining thereto; that is to say, that each owner shall have the land between his holding and the centre line of such road, street or lane; or if it is not practicable to so divide such land, the judge may divide it and vest it in the adjoining owners in such other manner as to him seems just. is wholly (2) If the plan is being wholly cancelled, the provisions When plan of this section shall apply to squares and parks as well as to cancelled. roads, streets and lanes. 3 Geo. 5, c. 50, s. 9. registered of signature. 13. Any order made under either of the next two preced-Order may be ing sections may be registered in the proper registry office or without proof land titles office, without any proof of the signature. 3 Geo. 5, c. 50, s. 10. of plan may petitioned for. 14. Where a petition asks for the cancellation, variation Amendment or amendment of a plan, or of a portion of a plan, a portion be less than or portions of such plan, less than what is stated in such petition, may be ordered to be cancelled, amended or varied. 3 Geo. 5, c. 50, s. 14. of owners to 15. In all cases the vested rights of remaining owners Vested rights of adjoining properties as to ingress, egress and other neces- be protected. sary easements shall be duly considered and protected. 3 Geo. 5, c. 50, s. 15. same as 16. In proceedings under this Act, the judge shall have Procedure all the powers he has in connection with an ordinary case County Court. in the County Court, and as far as possible he shall adopt and apply the ordinary practice and procedure of the County Court. 3 Geo. 5, c. 50, s. 13. APPEALS. procedure 17. There shall be an appeal from any order or decision Practice and of a judge under this Act to the Court of Appeal, and the in appeals. practice and procedure in relation to the bringing of such appeal, and the hearing and disposing of the same, shall follow as closely as possible the practice and procedure prescribed in "The County Courts Act" in respect of an appeal from any order or decision of a County Court judge. 3 Geo. 5, c. 50, s. 17, part. 18. On such appeal the Court of Appeal may affirm, Power of amend, vary or reverse the order or decision appealed from, Appeal. or make such order in the premises as in its opinion the County Court judge should have made, and the order or judgment of the Court of Appeal when made shall have the same force and effect, and may be registered and enforced in the of Judge's fees. Travelling expenses. same way, as if it had been originally made by the County Court judge. 3 Geo. 5, c. 50, s. 17, part. JUDGE'S FEES. 19. A preliminary fee of ten dollars shall be payable to the judge with the petition, and he shall be entitled to a further fee of five dollars for each day after the first day he shall be engaged in the hearing, together with his expenses from his residence to the place of hearing and return; but if the hearing be taken at a regular sitting of a County Court no such travelling expenses shall be chargeable. 3 Geo. 5, c. 50, s. 16. CHAPTER 155. An Act respecting the Sale and Management of Provincial WHEREAS it is expedient and necessary to make pro- Preamble. vision for the administration of the public lands now acquired or which may be hereafter acquired in any manner whatsoever by the Government of the Province of Manitoba, whether earned under the statutes or orders-in-council of this Province or of the Dominion of Canada relating to the draining of submerged or swamp lands or the granting of swamp lands to this Province for public purposes, or lands foreclosed under mortgages or acquired for arrears of taxes, and all lands that may be or become vested in His Majesty for the use of this Province or in any way become the property of this Province. R.S.M. c. 135, preamble. Now, therefore, 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 Provincial Lands Act." R.S.M. c. 135, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, (a) the expression "Commissioner" means the Provin- "Commiscial Lands Commissioner named under this Act; sioner." (b) the expression "land" extends to and includes land, "Land." messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description, whatever may be the estate or interest therein, together with all paths, passages, ways, watercourses, liberties, privileges, easements, mines, minerals and quarries appertaining thereto, and all trees and timber thereon, unless any such are specially excepted; (c) the expression "patent" means and includes a grant "Patent." of lands by letters patent under this Act; Department of Provincial Executive Commis sioner. (d) the expression "Provincial lands" means all or any of the lands referred to in the preamble of this Act, and includes all real property of whatsoever náture or kind, and wheresoever situate, and all the estate therein, heretofore vested in or that may be hereafter acquired by His Majesty or the Government of Manitoba, under or with respect to(i) half-breed mortgages and investments; (ii) a certain agreement made and entered into between Her late Majesty Queen Victoria of the first part, the Manitoba and North-Western Railway Company of the second part, and the Saskatchewan and Western Railway Company of the third part, bearing date the ninth day of May, in the year 1899; (iii) the provisions of the fourth sub-section of section 1 of chapter 43 of the Acts of the Legislature of Manitoba passed in the sixty-first year of the reign of Her late Majesty Queen Victoria, intituled "An Act respecting Aid to Railways"; (e) the expression "Department" means the Provincial Lands Department constituted or continued by this Act; (f) the expression "officer" in sections 41 to 49 means any person or officer employed in connection with the administration and management, sale or settlement of Provincial lands. R.S.M. c. 135, s. 2. ORGANIZATION AND FUNCTIONS OF DEPARTMENT. 3. There shall be a Department of the civil service of Lands formed. Manitoba, to be called the Provincial Lands Department, A member of over which shall preside such member of the Executive Council to be Council of the Province of Manitoba as may be designated by the Lieutenant-Governor-in-Council, and known as the "Provincial Lands Commissioner" in addition to any other title or appellation by which he may be known as a member of the said Executive Council; and the said Commissioner shall have the management of the Department. R.S.M. c. 135, s. 3. To manage provincial lands. Appointment of officials. 4. The said Department shall have the control and management of the Provincial lands and of the sale and disposal thereof. R.S.M. c. 135, s. 4. 5. The Lieutenant-Governor-in-Council may from time to time appoint officers and agents to carry out this Act and the orders-in-council under it, which officers and agents shall be paid in such manner and at such rates as the LieutenantGovernor-in-Council may direct. R.S.M. c. 135, s. 5. |