out of which such writ or process issued, to compel the production thereof; which order may be enforced in the same manner as like orders for the return of writs by sheriffs, and with or without costs, or be discharged with costs against the party applying, in the discretion of the judge aforesai.l. R.S.M. c. 155, s. 7. signing or have access 8. Any sheriff after resigning office or removal from Sheriff reoffice, or his heirs, executors or administrators, shall or may, heirs may at any and at all time or times hereafter, have the right and to books, etc. be at liberty to have access to search and examine into any or all accounts, books, papers, writs, warrants and processes of whatever kind and all other matters and things which were formerly in possession of him, the said sheriff, before his resignation or removal, and which at the time of making or requiring to make such search or examination are in the possession or control of the succeeding sheriff or the then sheriff, free of all costs, charges and expenses. R.S.M. c. 155, s. 8. 9. Every sheriff shall keep in his office, Books which sheriff shall keep and how kept. (a) process books, in which shall be entered a memoran- Process book. dum of every process (other than writs of execution, or writs in the nature of writs of execution) received by the sheriff, the court out of which the same issued, the date of the receipt, the nature of the process, the name of the parties thereto, the attorney by whom issued, the date of the return and the nature of the return made thereto or what was thereunder or therewith done respectively; book. (b) execution books, in which shall be entered a, memor- Execution andum of every writ of execution or writ in the nature of a writ of execution, the court out of which the same issued, the names of the parties thereto, the solicitor or attorney by whom issued, the date of return and the nature of the return made thereto or what was done thereunder or therewith; and (c) a cash book, in which shall be entered all cash re- cash book. ceived or paid away by the sheriff in his official capacity, or in connection with his office, for any service whatever, for fees, poundage, service of process and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment, the cause, matter or service in which, or on account of which, the same was received or paid away. R.S.M. c. 155, s. 9. to supply. 10. It shall be the duty of every sheriff to supply himself Sheriff with the books in the next preceding section mentioned, and the cost thereof shall be paid by himself. FEES. R.S.M. c. 155, Sheriff not obliged to re ceive writs 11. No sheriff shall be obliged to receive any statement of claim or writ, unless and until the fees for receiving or entering and returning such statement of claim or writ are fees are paid. paid. R.S.M. c. 155, s. 11. until his receiving and returning What payable by Government. 12. The Lieutenant-Governor-in-Council may from time to time fix and determine the fees and allowances to be paid by the Government of Manitoba to sheriffs. R.S.M. c. 155, s. 12. CHAPTER 180. An Act respecting the Closing of Shops, and the Employment of Children and Young Persons therein. 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 Shops Regulation Act." R.S.M. c. 156, s. 1. INTERPRETATION. 2. In the sixteen next following sections, and in any by-law passed under the provisions thereof, unless the context otherwise requires,— (a) the expression "shop" means any barber shop or any "Shop." building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail, but not where the only trade or business carried on is that of a tobacconist, news-agent, hotel, inn, tavern, victualling house or refreshment house, nor any premises wherein, under license, spirituous or fermented liquors are sold by retail for consumption on the premises, and for the purposes of this Act sale by retail shall be deemed to include sale by auction; (b) the expression "closed" means not open for the serv- "Closed." ing of any customer; (c) the expression "municipality" means the city, town, "Munici village or rural municipality, the municipal council whereof, either upon application made in that behalf or otherwise, passes any by-law under the provisions of this Act; (d) the expression "municipal" relates to any munici- "Municipal." pality. R.S.M. c. 156, s. 2. HOURS OF CLOSING SHOPS. by-laws 3. Any municipal council may, by by-law, require that, Municipal during the whole or any part or parts of the year, all or any closing shops class or classes of shops within the municipality or any por-6 p.m. and between 5 a.m. Council may alter, amend by-law. tion of the municipality, if a rural municipality, shall be closed, and remain closed on each or any day of the week at and during any time or hours between six of the clock in the afternoon of any day and five of the clock in the forenoon of the next following day. R.S.M. c. 156, s. 3; 1 Geo. 5, c. 54, s. 1. 4. Any municipal council having passed any by-law, in or repeal any pursuance of the provisions of this Act, may from time to time, by by-law, amend the said by-law, changing the hours when the said shops shall be closed and remain closed, and substituting other hours in the place and stead of the hours mentioned in the by-law, and may repeal any by-law passed, and may pass any new by-law for closing the said shops or any other shops, either with or without any petition therefor being presented to the council. R.S.M. c. 156, s. 4. Council to pass by-law tion of oc cupiers of shops. 5. If any application be received by or presented to a on applica municipal council, praying for the passing of a by-law requir ing the closing of any class or classes of shops situate within the municipality, or any portion of the municipality, if a rural municipality, and the council be satisfied that such application is signed by not less than three-fourths in number of the occupiers of shops within the municipality, or any portion thereof, if a rural municipality, and belonging to the class or each of the classes to which such application relates, the council shall, within one month after the receipt or presentation of such application, pass a by-law giving effect to the said application and requiring all shops within the municipality, or any portion thereof, if a rural municipality, belonging to the class or classes specified in the application, to be closed during the period of the year and at the times and hours mentioned in that behalf in the application. R.S.M. c. 156, s. 5; 1 Geo. 5, c. 54, s. 2. Computing number. Regulations as to form applications. 6. The council, in estimating such number of occupiers of shops belonging to the class to which such application relates, shall take into consideration such shops only as are within the meaning of paragraph (a) of section 2. R.S.M. c. 156, s. 6. 7. A municipal council may by by-law make regulations and proofs of as to the form of any application to be made under the preceding sections, and as to the evidence to be produced respecting the proportion of persons signing such application, and as to the classification of shops for the purposes of the preceding sections; and it shall not be compulsory upon a council to pass a by-law under said sections unless and until all such regulations with respect to the application therefor have been duly observed. R.S.M. c. 156, s. 7. of applica 8. If the application mentioned in the next preceding Presentation three sections be delivered to the clerk of a council, it shall tion. be deemed to have been presented to and received by the council within the meaning of said sections. R.S.M. c. 156, s. 8. ment and of by-laws. 9. Every such by-law shall take effect at a date named Commencetherein, being not less than one nor more than two weeks publication after the passing thereof, and shall before that date be published in such manner as to the council may appear best fitted to ensure the publicity thereof. R.S.M. c. 156, s. 9. shops in al trades are 10. A shop in, which trades of two or more classes are Closing of carried on shall be closed for the purpose of all such trades at which severthe hour at which it is by any such by-law required to be carried on. closed for the purpose of that one of such trades which is the principal trade carried on in said shop. R.S.M. c. 156, s. 10. What druggists after closing 11. No pharmaceutical chemist, or chemist and druggist, nor any of his employees, shall be liable to any fine, penalty may sell or punishment under any such by-law for supplying medi- hour. cines, drugs or medical appliances, or selling any goods usually sold or kept for sale by pharmaceutical chemists, or chemists and druggists, subject to the limitations in this section hereinafter provided, nor shall any occupier of or person employed in or about a shop in any village be liable to any fine, penalty or punishment, under any such by-law, for supplying medicines, drugs, or medical appliances after the hour appointed by any such by-law for the closing of shops; but should it appear to any council at any time that such druggists are taking advantage of the provisions of this section to sell, after the prescribed hour for closing, any line of goods which is, in the opinion of any such council, not properly within the class of goods usually sold by druggists, such council may pass a by-law specifically stating that any particular line or class of goods shall not be sold in any drug shop after the prescribed hour for closing, and such by-law may then be enforced and any infraction thereof punished notwithstanding anything contained in this section. 6-7 Ed. 7, c. 40, s. 1. articles to 12. Nothing in any such by-law as is referred to in the Supplying preceding sections, shall render the occupier of any premises lodgers. liable to any fine, penalty or punishment for supplying any article to any person lodging in such premises, or for supply |