An Act respecting Summary Proceedings before Police 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 Summary Convictions Act." R.S.M. c. 163, s. 1. RECOVERY OF FINES AND PENALTIES. where other ed, proceed before 2. Where a fine or penalty is imposed for any contra- Except vention of an Act of the Legislature or of a by-law of a wise providmunicipality passed under the authority of an Act of the ings may be Legislature, if no special mode of proceedure is prescribed tangle such fine or penalty may be recovered and enforced in a summary way before one justice of the peace. R.S.M. c. 89, s. 8 (m); c. 104, s. 22. justice of the peace. imprison 3. Every person liable on summary conviction to impris- Term of onment for any term, may be sentenced to imprisonment for ment. any shorter term, not less, however, than the minimum term, if any, prescribed for the offence of which he is convicted. APPLICATION OF CRIMINAL CODE. of ss. 705 nal Code to under 4. Sections 705 to 770, inclusive, of the Act of the Par- Application liament of Canada known as "The Criminal Code," being 770 of Crimichapter 146 of the Revised Statutes of Canada, 1906, and prosecutions any enactments which may repeal or be substituted for the Manitoba same, and the Acts already passed or which may hereafter be Statutes. passed amending any of the said sections or enactments, shall apply to all prosecutions and proceedings before police magistrates or justices of the peace under the statutes of the Province or under municipal by-laws passed under the authority of any of such statutes, so far as the same are consistent therewith. 10 Ed. 7, c. 71, s. 1, part. EVIDENCE. taking 5. Notwithstanding anything in any statute, in all prose-Manner of cutions and proceedings under any of the statutes of the depositions. Province, or under any municipal by-law passed under the authority of any of such statutes, where evidence of witnesses Proviso for use of shorthand. Oath of stenographer. Proceedings in case evidence taken in shorthand. is to be taken, the presiding judge, magistrate or justice of the peace shall cause the depositions to be written in a legible hand and on one side only of each sheet of paper on which they are written; provided that the evidence in any such prosecution or proceeding, or any part of the same, may be taken in shorthand by a stenographer, who may be appointed by the judge, magistrate or justice, and who, before acting, shall make oath that he shall truly and faithfully report the evidence. (2) Where evidence is so taken in shorthand it shall not be necessary that it be read over to or signed by the witness, but it shall be sufficient if the transcript be signed by the judge, magistrate or justice, and be accompanied by an affidavit of the stenographer that it is a true report of the evidence. 10 Ed. 7, c. 71, s. 1, part; 7-8 Ed. 7, c. 35, s. 18. Practice on appeal the same as under Criminal Code, except where other provided. APPEALS. 6. Except where otherwise specially provided, there shall be an appeal from all convictions or orders for the payment of money or dismissing an information made by police magwise specially istrates or justices of the peace in prosecutions or proceedings under the statutes of the Province, or under municipal bylaws passed under the authority of any of such statutes, and the said sections of the said Criminal Code and any enactments which may repeal or be substituted for the same, and the Acts already passed or which may hereafter be passed amending any of the said sections or enactments, shall, except where otherwise specially provided, apply to said appeals. R.S.M. c. 163, s. 3. Security to be given. MOTIONS FOR CERTIORARI, ETC. 7. No summons or motion for a writ of certiorari in connection with a conviction or order made by a justice of the peace or police magistrate under a statute of this Province, or summons or motion to quash any such conviction or order, shall be granted or entertained, unless the person applying for such summons or on such motion is shown to have entered into a recognizance, with one or more sufficient sureties, before a justice of the peace, police magistrate or County Court judge, or to have made personally or by an agent or attorney a deposit with the convicting justice or justices or one of them, or police magistrate. Said recognizance or deposit shall be to the satisfaction of the convicting justice or magistrate or one of them, or of the County Court judge for the district or division in which the conviction was made, or of a judge of the Court of King's Bench. The condition of such recognizance or deposit shall be that he will prosecute such writ of certiorari or summons or motion at his own cost and charges with effect without any wilful or affected delay, and, if ordered so to do, will pay the person in whose favor the conviction, order or return is affirmed his full costs and charges, to be taxed according to the course of the Court of King's Bench. R.S.M. c. 163, s. 4. CHAPTER 190. An Act respecting Manitoba Land Surveyors. "Association" "President." "Council." "Board." "Secretary." Association to be a body corporate. Who may be members. Powers as to holding real estate limited. 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 Land Surveyors' Act." 4-5 Ed. 7, c. 48, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires,(a) the expression "association" means the Association of Manitoba Land Surveyors; (b) the expression "president" means the president of the said association, or the presiding officer for the time being at any general meeting of the association; (c) the expression "council" means the executive council of the association; (d) the expression "board" means the board of examiners of the association; (e) the expression "secretary" or "secretary-treasurer" means the secretary-treasurer of the association. 4-5 Ed. 7, c. 48, s. 2. ASSOCIATION. 3. The Association of Manitoba Land Surveyors heretofore incorporated is hereby continued under that name, and the said association shall be a body politic and corporate, with perpetual succession and a common seal. 4-5 Ed. 7, c.48, s. 4, part. 4. All persons heretofore or hereafter duly registered under the provisions of this Act shall, while they continue so registered, be members of and form the said association. 4-5 Ed. 7, c. 48, s. 4, part. 5. The said association shall have power to acquire and hold real estate not exceeding at any time an annual value of five thousand dollars, and to alienate, exchange, mortgage, lease or otherwise charge or dispose of the said real estate, or any part thereof, as occasion may require. 4-5 Ed. 7, c. 48, s. 5, part. BY-LAWS. 6. The said association may pass by-laws not inconsis- By-laws that tent with this Act for (a) the government, discipline and honor of its members; (b) the management of its property; (c) the examination and admission of candidates for the study and practice of the profession, and (d) all such other purposes as may be necessary for the management and working of the corporation. may be passed. ratified at ing before effective. accordance tion of (2) All by-laws shall be prepared by the executive coun- By-laws to be cil of the association and shall, before becoming effective, annual meetexcept as hereinafter provided, be ratified by the association becoming at the annual general meeting, or at a special general meeting to be called for the purpose; provided, however, that the Unless in association, at any annual or special general meeting, may with resolupass resolutions for the guidance of the council, in the pre- general paration of any by-law or by-laws, which resolutions may be either authoritative or instructive in character, or both, and any by-law or by-laws prepared and passed by the council in accordance therewith, and not inconsistent with the provisions of this Act, shall become effective on the passing thereof, or according to the terms and conditions recited therein. 4-5 Ed. 7, c. 48, s. 6. COUNCIL. council, how 7. There shall be an executive council for the manage- Executive ment of the association, to consist of the president, vice composed. president, secretary-treasurer of the association, and four other elective members, to be elected and hold office as hereinafter provided; four members of said council shall be a Quorum of quorum for the transaction of business, and meetings may be called at the request of the chairman or of any two mem- Calling bers of said council. council. meetings. meetings of to be given. (2) Due notice of each meeting of said council, as shall Notice of be provided by by-law, shall be given by the secretary to council, how each member thereof, and also to such members of the association as may have business therewith, by mailing said notice to the registered address of each said member at least two days previous to the time of such meeting. chairman of (3) The said council shall, at the first meeting thereof Election of following the annual election of officers by the association, council and elect one of its members as its chairman, and such other officers as may be necessary for carrying out the provisions other officers. |