order of the board, save as to the amount required to meet the interest on the debentures, which shall be paid by him to the parties entitled thereto, and the amount required to provide a sinking fund for debentures issued as aforesaid, which shall be paid over by him to the Provincial Treasurer. R.S.M. c. 139, s. 31.

GENERAL PROVISIONS.

etc.,

31. All libraries, news rooms and museums established Libraries, under this Act shall be open to the public, free of all charges. to be free. R.S.M. c. 139, s. 32.

32. Upon the coming into operation of this Act in any Municipal municipality, it shall, as regards such municipality, be and Assessdeemed to be incorporated with "The Municipal Act" and apply. "The Assessment Act." R.S.M. c. 139, s. 33.

ment Act to

"Lieutenant Governor."

Demise of the Crown as to commission.

to be issued and oath

taken.

CHAPTER 162.

An Act respecting Public Officers, their Duties and their
Appointment.

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 Manitoba Public Officers Act." R.S.M. c. 140, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires, the expression "Lieutenant-Governor" includes the LieutenantGovernor-in-Council. R.S.M. c. 140, s. 2.

COMMISSIONS ON DEMISE OF THE CROWN.

3. Upon the demise of the Crown, it shall not be necessary to renew any commission by virtue whereof any public functionary in this Province held his office or profession Proclamation during the previous reign; but a proclamation shall be issued by the Lieutenant-Governor, authorizing all persons in office who held commissions under the late Sovereign, and all functionaries who exercised any profession by virtue of any such commissions, to continue in the due exercise of their respective duties, functions and professions; and such proclamation shall suffice, and the incumbents shall, as soon thereafter as may be, take the usual and customary oath of allegiance before any person authorized by law to administer the same. R.S.M. c. 140, s. 3.

Effect of same

4. Such proclamation being issued and oath taken, every such public officer and functionary shall continue in the lawful exercise of the duties and functions of his office and profession as fully as if appointed de novo by commission derived from the Sovereign for the time being from the date of his or her accession to the Crown; and all acts and things bona fide done and performed by such incumbents in their respective offices and in the due and faithful execution of their duties and functions, between the time of such demise and the proclamation so to be issued as aforesaid, shall be deemed to have been legally done, and shall accordingly be valid:

Provided, always, that nothing in this or the last preceding section shall prejudice or in any wise affect the right or prerogatives of the Crown with respect to any office or appointment derived from or held under the Crown, nor prejudice nor affect the rights or prerogatives of the Crown in any other respect whatsoever. R.S.M. c. 140, s. 4.

APPOINTMENT OF OFFICERS GENERALLY.

unorganized

5. The Lieutenant-Governor-in-Council may, where no In case of municipalities are established, appoint a sufficient number of districts. fit and proper persons to serve as overseers of roads or pathmasters, pound-keepers, constables and other officials, in the various localities of the Province wherein it shall seem to him expedient that such appointments should be made, and remove or supersede them and re-appoint others in their stead at pleasure. R.S.M. c. 140, s. 5.

be

er of appoint

there is an

neglect.

6. In case of the neglect or omission of the appointment General powof any officer by any local authority, or in case ment where any local public office shall be be vacant from any omission or cause and the public interest requires that it should filled, or in case there shall be any local or general public office vacant and it shall seem expedient in the public interest that the same should be filled, and, generally, in the case of all offices of a public nature the appointment to which is not specially provided for by law, the Lieutenant-Governor-inCouncil may appoint persons to, and may fill, all or any of such offices, as if special power of appointment in each particular case had been conferred upon him by the prerogative of the Crown or by an Act of the Legislature. R.S.M. c. 140, s. 6.

M.P.s not to

offices under

Government.

7. No member of the Senate of Canada or of the House Senators and of Commons of Canada shall be appointed to or shall hold hold salaried any permanent office or employment in the service of the Provincial Government of Manitoba at the nomination of the Crown or of the Lieutenant-Governor, to which any salary or other emolument in lieu of salary is attached; but this section shall not be held to include justices of the peace, coroners or notaries public, or any like office. R.S.M. c. 140, s. 7.

OATHS.

et al. to take

8. Every justice of the peace, coroner, sheriff, deputy Magistrates, sheriff, district registrar, deputy district registrar, registrar oath of office. of deeds, deputy registrar, clerk of any court of civil or criminal jurisdiction, bailiff, constable and every person appointed to any other office in respect to which an oath of office is

Fcrm.

Oath in writ

ing and duplicate.

Said oath not

to dispense

required to be taken by any statute or by order of the Lieutenant-Governor-in-Council, unless some other form of oath of office is provided by statute, shall, upon being notified of such appointment and before entering upon the performance of the duties of said office, or upon being otherwise so required, take and subscribe the following oath or one to the like effect, namely:

I,

do solemnly swear that I will duly, faithfully and to the best of my knowledge and ability perform and fulfil the duties and requirements of the office of to which I have been appointed, and so long as I shall continue to hold said office, without fear or favor. So help me God. R.S.M. c. 140, s. 8.

9. Such oath shall be in writing and in duplicate and may be taken and subscribed before any commissioner for taking affidavits, justice of the peace, judge of any court, or other person authorized to take affidavits in the Province. R.S.M. c. 140, s. 9.

10. The taking and subscribing of this oath shall not be with oath of held to dispense with the taking of the oath of allegiance in any case in which the last mentioned oath is by law required to be taken. R.S.M. c. 140, s. 10.

allegiance.

Oath of allegiance

Form

Oath of allegiance to

11. The following form shall be that of the oath of allegiance to be administered to and taken by every person in the Province, who either of his own accord or in compliance with any lawful requirement made on him or in obedience to the directions of any statute of the Legislature, desires to take an oath of allegiance, and such oath may be administered by any justice of the peace or by any other officer or person authorized by "The Manitoba Evidence Act" to take an affidavit to be made under any statute, or lawfully authorized either by virtue of his office or by special commission from the Crown for that purpose:

I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to His Majesty King George (or the reigning Sovereign for the time being), as lawful Sovereign of the United Kingdom of Great Britain and Ireland and of this Province dependent on and belonging to the said Kingdom, and that I will defend Him (or Her) to the utmost of my power against all traitorous conspiracies or attempts whatever, which may be made against His (or Her) person, crown or dignity, and that I will do my utmost endeavor to disclose and make known to His (or Her) Majesty, His (or Her) heirs or successors, all treason or traitorous conspiracies and attempts which I may know to be against Him (or Her) or any of them. And all this I do swear without any equivocation, mental evasion or secret reservation. So help me God. R.S.M. c. 140, s. 11.

12. The oath of allegiance hereinbefore set forth, tobe taken with gether with the oath of office or oath for the due exercise of

oath of office. any profession or calling, shall be taken within the period,

and in the manner, and subject to the disabilities and penalties for the omission thereof, by law provided with respect to such oaths in all cases respectively. R.S.M. c. 140, s. 12.

SECURITY.

to give bonds

13. Every sheriff, clerk, bailiff, registrar, license Sheriff, et al, inspector or other officer hereafter appointed by the Lieuten-in duplicate. ant-Governor or by any court or judge, and every other person appointed to any civil office or employment, or as commissioner in any public department of government of this province, or to any office or employment of public trust or wherein he is concerned in the collection, receipt, disbursement or expenditure of any public money under the Government of this Province, or to whom any fees or money are payable for account of said Province or of suitors, with every present holder of any such office who may be required so to do, shall, after notice of his appointment and before entering upon the duties of his office, or, if at present holding office, upon being so required and having had due notice, give and enter into a bond or bonds or security in such sum and with such sufficient surety or sureties as may be required and pproved of by the Lieutenant-Governor or by the principal officer or person in the office or department to which he is appointed or by the court or judge making such appointment, conditioned for the due performance of the duties of such office and of the trust reposed in him, as well as for duly accounting for all moneys received by or entrusted to him or held and controlled by him in connection with such office, which said bond or security shall be in duplicate and in the form following or to the like effect:

Know all men by these presents that we, A. B., (name, residence and Form of bond. official designation), C. D., of and E. F., of are held and firmly bound to His Majesty the King in the penal sums following, that is to say:-The said A. B.

in the sum of

the said C. D. in the sum of

and the said E. F. in the sum of
respectively, to be well
and truly paid to His said Majesty, His heirs and successors, for which
payment to be respectively well and truly made we bind ourselves, and
each of us respectively binds himself and his respective heirs, executors
and administrators as to the sum for which he has above agreed to be
held liable, firmly by these presents. Sealed with our respective seals
and dated the
19
"

day of

The condition of this obligation is such that, if the above bounden A. B. shall well and faithfully execute, fulfil and perform all the duties of and appertaining to the office of been appointed by

him as such

to which he has or otherwise legally imposed upon and shall duly account for and pay over to His said Majesty's Treasurer of the Province of Manitoba, for the use of His said Majesty, or to the person or persons entitled to the same, all such moneys as he shall receive by virtue of said office and which shall be received by him the said A. B. for, or shall be legally payable to, His said Majesty's Treasurer, or to any Court or person whatsoever, and shall not in any manner misconduct himself in the said