Notice in CHAPTER 4. An Act to amend "The Manitoba Joint Stock Companies HIS Act." [Assented to 31st January, 1905.] IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Sub-section (b) of section 29 of chapter 30 of the Revised Statutes of Manitoba, 1902, being "The Manitoba Joint Stock Companies Act," is hereby amended by inserting after the word "company" in the fifth line thereof the words "and also, in the case of companies having a capital exceeding five thousand dollars, in The Manitoba Gazette." 2. This Act shall come into force on the day it is assented to. CHAPTER 5. An Act to amend "The Manitoba Joint Stock Companies HIS Act." [Assented to 16th December, 1904.] IS MAJESTY, by and with the advice and consent of follows: 1. "The Manitoba Joint Stock Companies Act," being chapter 30 of the Revised Statutes of Manitoba, 1902, is hereby amended by adding thereto the following section: of inspector to affairs and of company Judge. 81. (1) Upon an application by not less than one-fifth Appointment in value of the shareholders of the company, a Judge of the investigate Court of King's Bench may, if he deems it necessary, appoint management an inspector to investigate the affairs and management of and report to the company, who shall report thereon to such Judge, and the expense of such investigation shall, in the discretion of such Judge, be defrayed by the company, or by the applicants, or partly by the company and partly by the applicants, as he may order, and, if he thinks fit, he may require the applicants to give security to cover the probable cost of the investigation, and he may make necessary rules and prescribe the manner in which and the extent to which the investigation shall be conducted; or the Judge of the Court of King's Bench may, if he deems it necessary, examine the officers or directors of the company under oath as to matters that come in question. of inspector by (2) The company may, by resolution passed at the Appointment annual meeting, or at a special general meeting called for company. the purpose, appoint an inspector to examine into the affairs of the company. The inspector so appointed shall have the same powers and perform the same duties as an inspector appointed by a Judge of the Court of King's Bench, with this exception, that instead of making his report to such Judge he shall make the same in such manner and to such persons as the company by said resolution directs. books and (3) It shall be the duty of all officers and agents of the Production of company to produce for the examination of any such documents. inspector all books and documents in their custody or power. Any such inspector may examine upon oath the officers and of affairs and agents. Examination agents of the company in relation to its business, and may administer such oath accordingly. If any officer or agent refuses to produce any book or document hereby directed to be produced, or to answer any question relating to the affairs of the company, he shall incur a penalty not exceeding twenty dollars in respect of each offence. Penalty for refusal. 2. This Act shall come into force on the day it is assented to. CHAPTER 6. An Act to amend "The King's Bench Act." [Assented to 31st January, 1905.] IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: time for actions, &c. 1. Sub-section (m) of section 38 of "The King's Bench Limitation of Act," being chapter 40 of the Revised Statutes of Manitoba, commencing 1902, is hereby amended by inserting immediately after the word " arose "in the eighth line thereof the following provision, "and the time within which any such actions, suits, causes or proceedings must be commenced shall run and be computed from the date herein provided for the accrual of the right to commence the same;" 2. Rule 425 of the said Act is hereby repealed and the following substituted therefor: of parties and Manitoba for 425. The preceding rules, as to the preliminary examina- Examinations tions of parties or persons and discovery and inspection of officers out of documents, shall so far as practicable apply to parties, discovery. persons or bodies corporate residing out of Manitoba; and in such cases the Court or Judge may order the examination of the parties or persons, or of any one who is or has been one of the officers of such body corporate, to be taken at such place and in such manner as may seem just and convenient; and service of the order for examination, discovery or inspection, and of all other papers necessary to obtain the benefit of the provisions of the said rules, shall be sufficient if made on the solicitor of the party in the action, in the same manner as other papers in the action are served on the solicitor therein, unless the Court or Judge makes other order to the contrary; and if there is no such solicitor, or he cannot for any reason be served, the Court or Judge may order the service in any other manner to be mentioned in the order in that behalf. 3. Sub-section (a) of Rule 817 of the said Act is hereby amended by inserting after the word " process eighth line thereof the words "or with intent ". in the 4. This Act shall come into force on the day it is assented to. Rules of practice and procedure. CHAPTER 7. An Act to amend "The Surrogate Courts Act.” [Assented to 31st January, 1905.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. The first paragraph of section 29 of "The Surrogate Courts Act," being chapter 41 of the Revised Statutes of Manitoba, 1902, is hereby repealed and the following substituted therefor: 29. The general rules and orders heretofore in force in the Surrogate Courts are hereby continued until altered under the provisions of this Act, and the Judges of the Surrogate Courts may from time to time repeal, amend, add to or alter any existing general rules and orders as to them may seem fit, subject to the approval of the LieutenantGovernor-in-Council, and they may from time to time make rules or orders, subject to the same approval. 2. This Act will come into force on the day it is assented to. |