justice, and the justice may proceed to sell the animal and deal with the proceeds in the manner provided in sub-section (3) of section 7.

justice before

sell

(2) Before proceeding to such sale the said justice shall Duty of examine the animal and the brands thereon (if any), and proceeding to the notice in The Manitoba Gazette provided for by section 5; and if, on such examination, the justice is satisfied that such notice contains an accurate and sufficient description of the animal, he shall proceed to sell the same, but if not so satisfied, he shall direct the finder to insert in The Mani- New notice in toba Gazette a notice containing an accurate and sufficient necessary. description of the animal, which notice shall be the notice required by section 5; and the finder shall not be entitled to receive any compensation for anything done prior to the mailing to The Manitoba Gazette of the last mentioned notice.

Gazette when

justice to

(3) The said justice shall immediately after the sale Return by send to the Department a return in form B in the schedule Department. hereto. 5-6 Ed. 7, c. 83, s. 9; 6-7 Ed. 7, c. 42, s. 2.

produce

sale and

ment of

9. At the time and place appointed for the sale of any Finder to estray animal, the finder shall attend with such animal, if animal at reasonably possible, and shall, with the animal, present a present statestatement of the fees for keeping and expenses incurred in expenses. connection with such animal to the justice or other person authorized by the justice to offer the animal for sale. 5-6 Ed. 7, c. 83, s. 10.

owner's

receipt by

10. Any money paid to the Minister, under the provi- Payment of sions of section 7 or section 8, shall be paid over to the money after owner of the animal sold, on evidence (satisfactory to the Minister. Minister or other officer appointed to examine into the same) being furnished and application therefor being made to the Minister within twelve months from the date of the sale, otherwise such money shall form part of the Consolidated Revenue Fund. 5-6 Ed. 7, c. 83, s. 8.

furnish

11. The finder of any animal shall on the request of Fnder to the Minister furnish him with such information as he may information require in regard to such animal and the disposal of the same. 5-6 Ed. 7, c. 83, s. 7, part.

to Minister.

FEES.

12. The following and no other shall be the fees pay-Fees. able under this Act:

To finder.

To justice.

To the finder,

for the care and sustenance of every head of swine, ten cents per day from date of mailing of notice to the owner or to The Manitoba Gazette; for the care and sustenance of any sheep, head of cattle or horse during the period from the fifteenth day of November to the fiftenth day of April, five cents per day from the date of mailing of notice to the owner or to The Manitoba Gazette; but not exceeding two dollars for any sheep, or ten dollars for any head of cattle or horse;

for advertising in The Manitoba Gazette the amount actually expended;

for mileage to and from place of sale, ten cents per mile for each mile necessarily travelled, but not exceeding thirty miles;

for postage, the amount actually and necessarily ex pended.

To the justice

for preparing and posting notices of sale, one dollar; for preparing application and administering oath, one dollar;

for postage and exchange or commission on transmission of proceeds of sale, the amount actually expended. To salesman. To the salesman

Excessive demands.

Neglecting to provide sustenance.

Rescue,

Using animal.

two and one-half per centum of the amount realized by the sale. 5-6 Ed. 7, c. 83, s. 11.

OFFENCES AND PENALTIES.

13. If any person

(a) demands or receives any sum for keep of any animals or any fee or charge not authorized by this Act; or

(b) neglects to provide sustenance for any estray animal while such animal is to his knowledge upon his premises or in his band, herd or flock; or

(c) rescues, incites or attempts to rescue any animal without payment of the fees due for keep and other expenses incurred by the finder on account of such animal; or

(d) rides, drives or otherwise works or uses for his own pleasure or benefit any estray horse or ox captured or detained under any of the provisions of this Act; or

give notice.

(e) neglects to promptly notify the owner, if such owner Neglect to is known, or neglects to forward the notice provided for in section 5 to the Department in cases where the owner is not known, or being known does not, after due notification, take away his animal,

he shall be liable to a penalty not exceeding one hundred dollars. 5-6 Ed. 7, c. 83, s. 12.

Penalty.

Civil remedies of owner not

14. Nothing in the preceding section shall prevent the taken away. owner of any animal taken, ridden or driven off, improperly treated or worked as aforesaid, bringing a civil action for damages in addition to any penalty imposed hereunder. 5-6 Ed. 7, c. 83, s. 13.

15. Nothing in this Act relating to estray animals shall impair the rights, powers or procedure given under any other Act respecting the seizure, driving, impounding or selling animals running at large or doing damage. 5-6 Ed. 7, c. 83, s. 14.

Rights under

other Acts not affected.

SCHEDULE.

FORM A.- -(SECTION 8.)

To A. B., a justice of the peace in and for the Province of Manitoba.

day of

The applicant avers that on the 19 (naming the date of capture), he found a (description of animal found) on his premises (or band, herd, or flock, as the case may be);

That he has given the notice required by "The Stray Animals Act;" That the notice was published in the issue of The Manitoba Gazette dated (date of first issue of Gazette containing notice);

That three months have elapsed without the said animal having been released by the payment to the applicant, of the moneys he is entitled to be paid under the provisions of the said Act;

That the applicant prays that the said animal may be sold at a time not earlier than the eighth day after the date of this notice.

(Signature of finder)

I (name of finder), the applicant above named, make oath and say (or affirm) that the facts set forth in the above application are true in substance and fact.

CHAPTER 187.

An Act to provide for the Payment of Succession Duties in Certain Cases.

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 Succession Duties Act." R.S.M. c. 161, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,

(a) the expression "property" includes real and personal "Property." property of every description, and every estate or interest therein capable of being devised or bequeathed by will or of passing on the death of the owner to his heirs or personal representatives;

value."

(b) the expression "aggregate value" means the fair "Aggregate market value of the property before any debts, obligations or liabilities are deducted therefrom, and, in determining such aggregate value for the purpose of ascertaining whether any estate is wholly or partially exempt from payment of duties under this Act or the percentage of duties payable on the property in this Province, there shall be included the value of any property of the deceased situate outside of Manitoba at the date of his death and also any property of any of the kinds referred to in paragraphs (b), (c) and (d) of section 5, which formerly belonged to the deceased whether within or without the Province;

value."

(c) the expression "dutiable value" means the fair "Dutiable market value of the property after payment of all debts, obligations and liabilities at date of death, but not including testamentary or other like expenses. R.S.M. c. 161, s. 2; 4-5 Ed. 7, c. 45, s. 1; 10 Ed. 7, c. 70, s. 4; 1 Geo. 5, c. 60,

s. 1.

APPLICATION OF ACT.

persons dying

3. This Act shall be deemed to have gone into effect as To estates of respects the estate of persons dying on or after the first day after July of July in the year 1893. R.S.M. c. 161, s. 3.

1st, 1893.