Municipality may declare note to be due contrary to its tenor. Execution Act not to apply. Certificates of judgment. No fees to be charged by officials for proceedings under this Act. Penalty against recipient of seed grain who sells same. for the purpose of being filed, shall be filed in the office, and duly entered in the books, of the said clerk without fee or charge. R.S.M. c. 154, s. 17. 18. At any time after any such promissory note has been given to a municipality, the municipality may declare the same to be immediately due and payable, whether the said note is due according to its tenor or not; and thereupon the said note shall be due and payable and the municipality may take possession of and forthwith, on one week's notice, to be posted at the place of seizure, sell the crop or a sufficient part thereof upon which the municipality has a lien for the amount of the said note, and may bring action in the proper County Court, by writ of summons, attachment or otherwise within the powers of the said court, for the due recovery of the moneys payable under said promissory note. R.S.M. c. 154, s. 18. 19. Section 29 of "The Executions Act" and section 9 of "The Judgments Act" shall not apply to any action, suit, proceeding, process, writ or seizure in any way connected with, relating to or arising out of any steps taken by a municipality to recover the amount of a promissory note taken in pursuance of this Act, or any part thereof; but in respect of such actions, suits and proceedings, process, writs and seizures there shall be no exemption from seizure of any real or personal property. R.S.M. c. 154, s. 19. 20. A certificate of a judgment obtained by any municipality in a County Court under the provisions of this or any such Act as aforesaid may be registered in any registry office or in any land titles office, and shall form a lien upon the lands of the judgment debtor, and may be proceeded upon in court in every respect as fully and effectually as if the said judgment exceeded in amount the sum of forty dollars, and in respect of any proceedings taken upon such certificate there shall be no exemption of any land of the judgment debtor. R.S.M. c. 154, s. 20. 21. No fees shall be charged by any clerk of any County Court, or by any registrar or district registrar, in respect of any proceedings taken by a municipality under this Act. R.S.M. c. 154, s. 21. 22. Any person who has received seed grain from a municipality under the provisions of this Act and who disposes of the same or any part thereof, or makes use of any portion of the same for any other than seeding purposes. shall be liable to a fine of not less than fifty nor more than one hundred dollars, and in default in payment thereof to imprisonment not exceeding six calendar months nor less than one calendar month. R.S.M. c. 154, s. 23. may levy for note. 23. The amount of any such promissory note as afore- Municipality said may be entered in the collector's roll of the municipality amount of against any land therein owned by the maker of such note, and thereafter the amount of such note and interest thereon shall be held to be taxes due and in arrear against such land as if duly levied and in arrear under the provisions of "The Assessment Act." To the amount of such note there shall be added only the rate of interest provided for in this Act, Interest. and the provisions of "The Assessment Act" in regard to discount and percentages and penalties shall not apply thereto. R.S.M. c. 154, s. 24. limitations to actions grain notes. 24. The cause of action upon any such promissory note Statute of shall continue to exist so long as said note or any part thereof not to apply remains unpaid; and the provisions of any statute limiting upon seed the time for the commencement of actions or suits shall not apply to actions or suits instituted to recover the amount with interest due upon any such promissory note. c. 154, s. 25. R.S.M. UNORGANIZED OR DISORGANIZED TERRITORY. individuals in 25. In case of any disorganized or unorganized territory, Loans to any amount advanced under the provisions of any such Act unorganized for the purchase of seed grain for residents of any such be repaid territory shall be repaid through the Municipal Commis- Municipal sioner to the Provincial Treasurer within the time limited Commisfor the payment thereof. R.S.M. c. 154, s. 26. through sioner. advances grain to per disorganized 26. In the case of advances made by the Municipal Com- Recovery of missioner, pursuant to the provisions of any such Act, to made for seed persons residing in any part of such unorganized or dis- sons in unorganized territory, which has since or may hereafter become organized or organized for municipal purposes, the Municipal Commis- territories sioner may levy for the amount so advanced to such persons, with interest thereon at a rate not exceeding eight per cent. per annum, against the municipality or municipalities comprising such territory as aforesaid. R.S.M. c. 154, s. 27. since organ ized. effect of levy Act. 27. Any levy or levies made by the Municipal Commis- Force and sioner under the provisions of the last preceding section made under shall have the like force and effect as levies made by him pursuant to "The Municipal Commissioner's Act." R.S.M. c. 154, s. 28. Promissory notes taken for such advances to be handed over to muni collection. 28. All promissory notes that may have been given to the Municipal Commissioner under the provisions of any such Act as aforesaid by persons resident at the time in unorcipalities for ganized or disorganized territory which has since or may hereafter become organized for municipal purposes, shall be transmitted by the Municipal Commissioner to the municipality or municipalities within which such territory is now Remedies for or may hereafter be comprised; and the said notes when so transmitted shall be collectable by the municipality or municipalities receiving the same in the same manner and with the like remedies as herein before provided, to all intents and purposes as if the said notes had, in the first instance, been given by the persons making the same to properly constituted municipalities. R.S.M. c. 154, s. 29. collection of such notes. CHAPTER 179. An Act respecting Sheriffs and Deputy Sheriffs. 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 Sheriff's Act." R.S.M. c. 155, s. 1. APPOINTMENT AND SECURITY. appoint deputy for 2. The Lieutenant-Governor-in-Council shall from time Lieut. Gov. to to time, as occasion may require, appoint a sheriff and a sheriff and deputy sheriff in each judicial district, who shall hold office each district. during pleasure and shall discharge all the duties connected with their respective offices, and also such other duties as may be assigned to them or appertain to their respective offices by law; and each said deputy sheriff shall be required Security of to give security to the sheriff of the said district in the sum of sheriff. two thousand dollars, conditioned for the due and proper discharge of the duties as such deputy sheriff. R.S.M. c. 155, s. 2. deputy sheriff. 3. No person shall execute any of the duties of the office Security of of sheriff until he has given security by bond or bonds or otherwise to His Majesty, his heirs and successors, for the due execution thereof, to the amount and in the manner required by law. R.S.M. c. 155, s. 3. BOOKS, ETC., OF OFFICE OF SHERIFF. in possession be property 4. All books, accounts, records, papers, writs, warrants, Books, etc.. processes, moneys and other matters and things, in the pos- of sheriff to session or under the control of any sheriff by virtue of, or of Governappertaining to, his office as sheriff, shall be the property of ment. the Crown for the use of this Province; and the same and every of them shall, immediately upon the resignation, removal from office or death of any such sheriff, be, by the To be given party in whose possession or control they may come or happen to be, handed over to, and taken possession of, by the successor in office of such sheriff, or such person as the Lieutenant-Governor shall appoint to receive the same. R.S.M. c. 155, s. 4. to successor. Penalty of not less than ten dollars and not more than fifty for illegally hold ing books, etc., property of Government from successor to sheriff. Any person books, etc., Judge's order for delivery. Proceedings when sheriff refuses to deliver up writs, etc. 5. It shall not be lawful for any person, except the successor in office of the sheriff so resigning, being removed or dying, or the person so to be appointed by the LieutenantGovernor as aforesaid, to take, have or hold any such books, accounts, records, papers, writs, warrants, processes, moneys or other matters or things; but any person having or holding any of the matters aforesaid shall, forthwith on demand, deliver over the same and every of them to the said succeeding sheriff, or to the person so to be appointed as aforesaid; and upon any such person wilfully neglecting or refusing so to do, on conviction thereof he shall, in the discretion of the court, be liable to pay a penalty to and for the use of his Majesty of not less than ten dollars, nor more than fifty dollars, besides costs for every day he shall so neglect or refuse; and, in default of the payment of said penalty and costs, he shall be imprisoned in a common gaol for a period not exceeding one year, or until the said penalty and all costs shall have been fully paid. R.S.M. c. 155, s. 5. 6. Any person who has at any time held the office of sheriff in Manitoba, if alive, and the heirs, executors and administrators of every such person, if dead, shall forthwith deliver over to the sheriff for the time being of the same judicial district, all books, accounts, records, papers, writs, warrants, processes, and all other matters and things whatsoever in his or their possession, custody or power, and which such persons, or such sheriff by virtue of his office, kept, received or became possessed of: Provided that in any case a judge of the Court of King's Bench may order such delivery to be made to the prothonotary of the said court, and may make such other and further order respecting such books, accounts, records, papers, writs, warrants, processes and other matters as may appear necessary or expedient, on cause shown and proof made by the party applying for such order to the satisfaction of the judge. R.S.M. c. 155, s. 6. 7. If any deputy sheriff, bailiff or sheriff's officer shall have in his possession, custody or control any statement of claim, writ of fieri facias, or other writ, or any bench warrant or process whatsoever, and shall upon demand made by the sheriff from whom the same may have been received, or his successor in office, or by any other party entitled to the possession of the same, neglect or refuse to deliver up the same, such sheriff or his successor in office, or the party entitled to the possession of the same, may proceed by summons and order before any judge having jurisdiction in the court |