Neglect of

duties by division registrar.

General violations.

Transporting body without permit.

Proviso
when body is

letter of such neglect by the Minister or inspector, and if after notification he fails to make such returns within five days, the Minister or inspector may refuse to issue the certificate for the payment of the fees due to the division registrar, even though the returns should be made at a later date, and such division registrar shall also be liable to a penalty of fifty dollars. 2 Geo. 5, c. 97, s. 57.

58. Any division registrar or sub-registrar who shall neglect or fail to enforce the provisions of this Act in his division, or shall neglect or refuse to perform any of the duties imposed upon him by this Act or by the instructions and directions of the Minister, shall be liable to a fine of not less than ten dollars and not more than one hundred dollars. 2 Geo. 5, c. 97, s. 58.

59. Any other person or persons who shall violate any of the provisions of this Act or who shall wilfully neglect or refuse to perform any duties imposed upon him or them by the provisions of this Act, or shall furnish false information to a physician, clergyman, undertaker, midwife or informant, for the purpose of making incorrect registration of any birth, marriage or death, shall be liable to a fine of not less than five nor more than one hundred dollars. Geo. 5, c. 97, s. 59.

2

60. Any transportation company or common carrier transporting or carrying, or accepting through its agents or employees, for transportation or carriage, the body of any deceased person, without an accompanying permit issued in accordance with the provisions of this Act, shall be liable to a fine of not less than fifty dollars nor more than two hundred dollars; provided that, if the death occurred outbrought into side of the Province, and the body is accompanied with a certificate of death, burial or removal or transit permit issued in accordance with the law or board of health regulations in force where the death occurred, such death certificate, burial or removal or transit permit may be held to authorize the transportation or carriage of the body into or through the Province. 2 Geo. 5, c. 97, s. 60.

Province for

burial.

Recovery of penalties.

One only of persons required need give notice.

61. In default of payment of any fine or penalty imposed under this Act, the offender shall be liable to imprisonment for a period of not less than eight days and not more than three months. 2 Geo. 5, c. 97, s. 61.

62. If a notice or certificate required by this Act to be given or made by more than one person is given or made by any one of such persons, the others shall not be liable

to any penalty; provided, however, that this section shall not apply to a notice or certificate required to be made by a duly qualified practitioner. 2 Geo. 5, c. 97, s. 62.

expenses.

63. All expenses of prosecution under this Act not Costs and recovered from the offender, and whether or not a conviction is obtained, shall be payable by the municipality in which the offence was alleged to have been committed. 2 Geo. 5, c. 97, s. 63.

warrant, etc.,

set aside for

form.

64. No conviction, warrant or commitment order, or Conviction. any other proceeding, matter or thing made, done or trans- not to be acted in or relating to the execution of this Act, shall be want o vacated, quashed or set aside for want of form or for any defect which does not substantially affect the justice of the case, or be removed or removable by certiorari or other writ or be or process whatsoever into any superior court. 2 Geo. 5, certiorari. c. 97, s. 64.

remove by

How returns,

65. All returns, communications and other matters re- etc., shall be quired by this Act to be transmitted to the Minister shall transmitted. be sent through the mail registered. Evidence of mailing in this manner shall be proof of transmission, and no other evidence shall be accepted in defence of any prosecution for non-performance of duty. 2 Geo. 5, c. 97, s. 65.

of division

66. Every municipality shall pay semi-annually, on the Compensation fifteenth days of February and August, to the division re-registrars. gistrar or sub-registrar thereof, a fee of twenty-five cents for each complete registration of a birth, marriage or death returned for the preceding six months, according to the schedules provided under this Act, on the presentation of the certificate of the Minister or the inspector of vital statistics to the treasurer of the municipality, but a city or town containing more than ten thousand inhabitants may by by-law limit the aggregate compensation allowed to the division registrar.

division

unorganized

(2) Fees shall be paid at the rates set forth in this Fees of section to every division registrar appointed by the Lieu- registrar in tenant-Governor-in-Council for any registration division not territory. included within any municipality out of any moneys appropriated for that purpose. 2 Geo. 5, c. 97, s. 66; 3 Geo. 5, c. 87, S. 3.

registration

continued.

67. No system for the registration of births, marriages Other and deaths shall be continued or maintained in any of the systems disseveral municpalities of this Province other than those provided for and established by this Act. 2 Geo. 5, c. 97, s. 67.

CHAPTER 204.

An Act respecting Wills.

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 Wills Act." R.S.M. c. 174, s. 1.

"Will."

"Real estate.'

"Personal estate."

"Person."
"testator."

INTERPRETATION.

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

(a) the expression "will" extends to and includes a testament, and a codicil, and an appointment by will or by writing in the nature of a will in exercise of a power, and also a disposition by will and testament, and also any other testamentary disposition;

(b) the expression "real estate" includes messuages, lands, rents and hereditaments, whether freehold or of any other tenure, and whether corporeal, incorporeal or personal, and any undivided share thereof, and any estate, right or interest, other than a chattel interest, therein;

(c) the expression "personal estate" includes leasehold estates and other chattels real and also moneys, shares of government and other funds, securities for money (not being real estate), debts, choses in action, rights, credits, goods and all other property whatsoever which by the law of England devolves upon the executor or administrator and to any share or interest therein;

(d) the expression "person" and "testator" respectively include a married woman;

"Mortgage." (e) the expression "mortgage" includes any lien for unpaid purchase money, and any charge, encumbrance or obligation of any nature whatever upon any lands or tenements of a testator or intestate. R.S.M. c. 174, s. 2.

f

WHO MAY MAKE A WILL.

of real estate

property.

3. Every person may devise, bequeath or dispose of, by Disposition will executed in manner hereinafter mentioned, all real and personal estate and personal estate which he may be entitled to, either at law or in equity, at the time of his death, and which, if not so devised, bequeathed or disposed of, would devolve upon his heir at law, or upon his executor or administrator; and the power given hereby shall extend to estates pur autre vie, whether there be or be not any special occupant thereof, and whether the same be corporeal or incorporeal hereditaments, and also to all contingent, executory or other future interests in any real or personal estate, whether the testator be or be not ascertained as the person or one of the persons in whom the same may respectively become vested, and whether he be entitled thereto under the instrument by which the same were respectively created, or under any disposition thereof by deed or will, and also to all rights of entry for conditions broken and other rights of entry, and also to such of the same estates, interests and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will. R.S.M. c. 174, s. 3.

age

4. No will made by any person under the one years shall be valid. R.S.M. c. 174, s. 4.

EXECUTION AND ATTESTATION.

shall be valid.

5. No will shall be valid, unless it be in writing and be How will executed in manner hereinafter mentioned, that is to say:It shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and such witnesses shall attest and shall subscribe the will in the presence of the testator; but no form of attestation shall be necessary. R.S.M. c. 174, s. 5.

to will.

6. Every will, so far only as regards the position of the Signature signature of the testator or of the person signing for him as aforesaid, shall be deemed to be valid, within the meaning of this Act, if the signature be so placed, at, or after, or following, or under, or beside, or opposite to, the end of the will, that it is apparent on the face of the will that the testator intended to give effect by such signature to the writing signed as his will; and no such will shall be

Appoint

ments made by will.

Soldiers in active service.

Validity.

Holograph will.

affected by the circumstance that the signature does not follow or is not immediately after the foot or end of the will, or by the circumstance that a blank space intervenes between the concluding word of the will and the signature, or by the circumstance that the signature is placed among the words of the testimonium clause or of the clause of attestation, or follows or is after or under the clause of attestation, either with or without a blank space intervening, or follows, or is after or under or beside, the names or one of the names of the subscribing witnesses, or by the circumstance that the signature is on a side, or page, or other portion, of the paper or papers containing the will, whereon no clause or paragraph or disposing part of the will is written above the signature, or by the circumstance that there appears to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature; and the enumeration of the above circumstances shall not restrict the generality of the above enactment; but no signature under this Act shall be operative to give effect to any disposition or direction which is underneath or which follows the signature, nor shall it give effect to any disposition or direction inserted after the signature was made. R.S.M. c. 174, s. 6.

7. No appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein before required; and every will executed in manner herein before required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it has been expressly required that a will made in exercise of such power shall be executed with some additional or other form of execution or solemnity. R.S.M. c. 174, s. 7.

8. Any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate as he might have done before the passing of this Act. R.S.M. c. 174, s. 8.

9. Every will executed in manner hereinbefore required shall be valid, without any other publication thereof. R.S.M. c. 174, s. 9.

HOLOGRAPH WILLS.

10. A holograph will, wholly written and signed by the testator himself, shall be subject to no particular form, nor shall it require an attesting witness or witnesses. R.S.M. c. 174, s. 10.