tory explanation, on oath or otherwise, as he requires, is given to him, he may seize and detain such hay, wood or timber until proof is made to the satisfaction of the Commissioner that said hay, wood or timber was not cut without authority, and is not liable, either in whole or in part, to Provincial dues of any kind; and if such proof is not made within thirty days after such seizure, said hay, wood or timber may be considered as hay, wood or timber cut without authority, or on which the Provincial dues have not been paid, according to the circumstances of the case; and the dues thereon may be recovered as hereinafter provided. R.S.M. c. 135, s. 45. security being 45. If any hay, wood or timber, or any product thereof, Release of is seized under the provisions of this Act by any officer, he timber on may allow such hay, wood or timber, or product thereof, to given. be removed and disposed of, on receiving sufficient security, by bond or otherwise to his satisfaction, for the full value thereof, or in his discretion, for payment of double the amount of all dues, penalties and costs, incurred or imposed thereon, as the case may be. R.S.M. c. 135, s. 46. Wood seized to be con forfeited in owner claim month. 46. All hay, wood or timber seized under this Act, as being forfeited, shall be deemed to be condemned, unless the demned and owner thereof, or the person from whom it was seized, within default of one month from the date of seizure, gives notice to the seiz- ing within one ing officer or to the Commissioner that he intends to contest the seizure; and if, within fifteen days thereafter, the claimant has not instituted proceedings before a court of competent jurisdiction to contest the seizure, or, if the decision of the court is against him, or if the claimant fails duly to prosecute such proceedings, in the opinion of the judge before whom the case is tried (who may for that cause dismiss the action on the expiration of three months from the date on which it was instituted, anything to the contrary herein before enacted notwithstanding) the hay, wood or tim- Sale of ber may be confiscated and may, after thirty days' notice, wood. posted up where the same is confiscated, be sold by order of the Commissioner for the benefit of the Province. R.S.M. c. 135, s. 47. confiscated may impose confiscation. 47. The Commissioner may, if he sees cause for so doing, Commissioner instead of confiscating hay, wood or timber cut, without au- fine instead of thority, on Provincial lands, impose a penalty which, in addition to all costs incurred, shall be levied on such hay, wood or timber; and, in default of payment of the whole, on demand, he may, after a notice of fifteen days, sell such hay, Burden of proof that dues paid to lie on claimant. Officer seizing may call in assistance. wood or timber by public auction, and may, in his discretion, retain the whole of the proceeds of such sale, or the amount of the penalty and costs only. R.S.M. c. 135, s. 48. 48. Whenever any hay, wood or timber is seized for nonpayment of Provincial dues, or for any cause of forfeiture, or any prosecution is instituted for any penalty of forfeiture under this Act, and any question arises whether the said dues have been paid on such hay, wood or timber, or whether the said hay, wood or timber was cut on other than any part of Provincial lands, the burden of proving payment, or of proving on what land said hay, wood or timber was cut, shall lie on the owner or claimant of such hay, wood or timber, and not on the officer who seizes the same, or the person instituting such proceedings. R.S.M. c. 135, s. 49. 49. Any officer seizing hay, wood or timber in the discharge of his duty under this Act may, in the name of His Majesty, call in any assistance necessary for securing and protecting the hay, wood or timber so seized. R.S.M. c. 135, s. 50. Notice respecting GENERAL PROVISIONS. 50. Where, by law or by any deed, lease or agreement public lands. relating to any lands herein referred to, any notice is required to be given, or any act to be done, by or on behalf of the Crown, such notice may be given and act done by or by the authority of the Commissioner. R.S.M. c. 135, s. 51. Advertisements of 51. The Commissioner may cause lists of the provincial public lands. lands for sale, in the several municipalities in Manitoba, to be made out from time to time, and advertised or published as he deems most advisable for insuring general information. R.S.M. c. 135, s. 52. Affidavits required under this Act, by whom 52. In addition to the officers otherwise authorized to take affidavits, any affidavit required under this Act or inmay be taken. tended to be used in reference to any claim, business or transaction in the Department may be taken before any justice of the peace, or the Commissioner, or any agent of the Commissioner, or any surveyor duly licensed and sworn, appointed by the Commissioner to inquire into, or take evidence or report in, any matter submitted to or pending before the Commissioner, or, if made out of the Province, by the British consul in any city, town or other municipality. R.S.M. c. 135, s. 53. of persons to vits. 53. The Commissioner may authorize, by a commission Authorization under his hand and seal, any person who is employed in the take affidaservice of the Provincial Lands Department to take affidavits and affirmations in an part of Manitoba in respect of any matter or inquiry having reference to any business of the said Department, or of any matter or inquiry in respect of which the said Department is interested or which affects the Provincial revenue. R.S.M. c. 135, s. 54. zation may be its duration. 54. The authority granted by virtue of any commission Such authoriunder the last preceding section may be in such commission limited as to limited to a certain period of time, or may be expressed to be while the Commissioner receiving authority under the said commission remains in the service of the said Department; but the same shall in any event determine upon the said Commissioner to whom it is granted ceasing to be employed in such service. R.S.M. c. 135, s. 55. ments, how 55. Copies of any records, documents, books or papers Official docubelonging to or deposited in the said Department, attested evidenced. under the signature of the Commissioner, shall be competent evidence in all cases in which the original records, documents, books or papers could be evidence. R.S.M. c. 135, s. 56. works for and reclaim 56. The Lieutenant-Governor-in-Council shall have power Encouraging to encourage works undertaken with a view of draining and improving reclaiming swamp lands, by granting to the promoters of such ing lands. works remuneration in the way of grants of lands so reclaimed or of such portions thereof as may be deemed fair and reasonable. R.S.M. c. 135, s. 57. orders, etc., in Gazette. 57. Every order or regulation made by the Lieutenant- Publication of Governor-in-Council by virtue of the provisions of any section Manitoba of this Act shall, unless otherwise specially provided in this Act, have force and effect only after the same has been published in The Manitoba Gazette; and all such orders or regulations shall be laid before the Legislative Assembly within the first ten days of the session next after the date thereof. R.S.M. c. 135, s. 58. CHAPTER 156. An Act respecting the Raising of Loans authorized by the Lieutenant Governor-in create a HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. This Act may be cited as "The Provincial Loans Act." 9 Ed. 7, c. 51, s. 1. 2. The Lieutenant-Governor-in-Council may create a Council may permanent provincial stock, which shall be known as "Manitoba Government Stock," and shall be personal property, and the stock, and the interest thereon, shall be charged upon. and paid out of the Consolidated Revenue Fund. permanent provincial stock. Regulations by order-incouncil. Stock not to be paid off for 30 years. Notice of redemption. How given. Lieutenant- make regula debt and payment of interest. (2) The stock shall be subject to such regulations as to the inscription, registration, transfer, management and redemption thereof as the Lieutenant-Governor-in-Council may make. (3) The stock shall not be redeemable in less than thirty years from the date of issue, but may be redeemed at or after that date, at the option of the Lieutenant-Governor-in-Council, provided six months' previous notice has been given, and the Lieutenant-Governor-in-Council may at the time of issue of such stock fix the date at which it shall be redeemed. (4) The notice may be given by a registered letter addressed to the registered holder of the stock at his address as it appears in the register. 9 Ed. 7, c. 51, s. 2. 3. The Lieutenant-Governor-in-Council may make such Council to regulations as he deems necessary for the management of the tions as to the public debt and the payment of the interest thereon, and may, subject to the provisions of the next following section, provide for the creation and management of a sinking fund or other means of securing the repayment of any loan raised by the authority of the Legislature; and may appoint one or more fiscal agents in the City of London, England, or elsewhere, and agree with them as to the rate of compensation to be allowed them for negotiating loans, and for paying the Fiscal agents, etc. interest of the debt, and may pay the sums necessary to provide the sinking fund, or other means aforesaid, and such compensation out of the Consolidated Revenue Fund. 9 Ed. 7, c. 51, s. 3. etc., author 4. Where in any Act authority is given to the Lieuten- How loans, ant-Governor-in-Council or to the Municipal Commissioner ized by Legislature to raise, by way of loan, any sum of money, or to order the may be raised. issue of debentures for such purposes, or authority is given the Provincial Treasurer to guarantee on behalf of the Province any debentures issued for such purposes, then, unless there is some provision to the contrary in the Act, by which the authority is given, such sum may, in the discretion of the Lieutenant-Governor-in-Council, be raised in one of the following ways, or partly in one and partly in another or others thereof, that is to say, debentures. (a) by the issue and sale of debentures of the Province By issue of of Manitoba, which shall be in such form, for such separate sums, and at such rate of interest, not exceeding six per centum per annum, and the principal and interest whereof shall be made payable at such periods and places as the Lieutenant-Governor-in-Council deems expedient, and subject to such regulations, including regulations as to inscription, registration and transfer, as he may make, and such principal and interest shall be charged on and paid out of the Consolidated Revenue Fund; Manitoba Stock. (b) by the issue and sale of "Manitoba Government By issue of Stock," bearing such rate of interest, not exceeding six per Government centum per annum, as is deemed expedient, payable halfyearly, and the principal and interest whereof shall be charged on and paid out of the Consolidated Revenue Fund; terminable (c) by the granting of terminal annuities charged on By grant of and to be paid out of the Consolidated Revenue Fund, on annuities. terms in accordance with what the Lieutenant-Governor-inCouncil may deem to be the most approved English tables, and based on a rate of interest not exceeding four per centum per annum, and subject to such regulations as the LieutenantGovernor-in-Council may make; exchequer or treasury bills. (d) by the issue and sale of exchequer bills, exchequer By issue of bonds or treasury bills, in sums of not less than four hundred bills, or bonds, dollars each, in such form and payable at such periods and places as the Lieutenant-Governor-in-Council deems expedient, and subject to such regulations as he may make, or by temporary loans; and the interest thereon and the amount of such bills or bonds shall be charged on and paid out of the Consolidated Revenue Fund. |