EVIDENCE OF LICENSE. license. 15. A certificate under the hand of the Provincial Secretary Evidence of of the issue of such license shall be received as prima facie evidence in all Courts of Justice and other tribunals, that such license has been duly issued and is in force; and the Provincial Secretary shall furnish such certificate to any person on payment of a fee of one dollar. 46 and 47 V. c. 38, s. 7. REVOCATION OF LICENSE. license. 16. The Lieutenant-Governor-in-Council may, at any time, Revocation of revoke any license granted under this Act, or under any Act or Acts for which this Act has been substituted, on account of the violation by any such company, institution or corporation of any of the provisions of this Act. Any such license so revoked shall be null and void as to any matter occurring subsequent to such revocation. 55 V., c. 4, s. 3. ANNUAL STATEMENT. Department of 17. Every company,institution or corporation licensed under Returns to this Act shall annually transmit, on or before the fifteenth day Agriculture and of March in each year, to the Department of Agriculture and Immigration. Immigration, a statement in duplicate, verified by the oath of the principal agent for the Province of Manitoba, setting forth the capital stock of the company, the amount of stock subscribed, the amount paid in upon such stock, the amount borrowed for the purposes of investments and the securities given therefor; and as to the business of the said company, institution or corporation in the Province of Manitoba, the amount invested in mortgage, the estimated value of real estate under mortgage, the number of acres of farm lands under mortgage, the amount of mortgages overdue and in default for more than one year, specifying principal and interest separately, and such other details as the said Department of Agriculture and Immigration may require; and the said statement shall be made up to the end of the last preceding fiscal year of the company's business. REPEAL. 18. The Foreign Corporations Act, being Chapter 24 of the Revised Statutes of Manitoba, and the Acts amending the same, namely, Chapter 4 of 55 Victoria, and Chapter 5 of 56 Victoria, are hereby repealed Licenses heretofore issued under the provisions of the said Foreign Corporations Act, or any Act or Acts for which the same was wholly or partially substituted, shall be held to be continued in force as if issued under this Act. R.S.M. c. 24; 55 V. c. Act not to apply to H. B. Co. 19. This Act shall not apply to the Corporation known as the Governor and Company of Adventurers of England trading into Hudson's Bay. R.S.M. Cap. 33, CHAPTER 5. An Act to amend "The County Courts Act." HE [Assented to 29th March, 1895.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: 1. Section 66 of Chapter 33 of the Revised Statutes of Unsettled Manitoba, is hereby amended by striking out the word "four" accounts up to in the seventh line thereof, and by substituting therefor, the word "six." investigated. Sections added. Transcribing judgment into other County Courts. Setting aside judgment on transcript. 2. Said Chapter 33 is hereby further amended by inserting therein immediately after section 195 thereof as enacted by section 8 of Chapter 4 of 57 Victoria. the following three sections: TRANSCRIBING JUDGMENT INTO OTHER COUNTY COURTS. 195 (a) After six days from the day of signing any judgment in the County Court unless proceedings have in the meantime been stayed by the order of the Judge, and then at the expiration of such stay of proceedings, or at such other time as the Judge may order, the Clerk shall, upon application for that purpose, prepare a transcript of such judgment and deliver the same to or send the same by post or otherwise, to the applicant and such transcript may be filed in the office of any Clerk of any County Court, and shall thereupon become a judgment of the Court in which it is so filed, and all proceedings may thereupon be taken and had as on any other judgment of said last mentioned Court. 195 (b) The Judge of the County Court out of which said transcript issued, shall have power to set aside any judgment so obtained in any other Court by the filing of such transcript as aforesaid, and all proceedings had or taken thereunder or to stay proceedings thereunder, within the same limit of time, and in like manner as if the said judgment had not been transferred and an application had been made in respect thereto within the authority of said Judge to consider and adjudicate upon. orders, setting transcript. 195 (c) The filing of a copy of the order so setting aside Effect of filing any such judgment or staying proceedings thereunder, certified aside or staying as such by the Clerk of the Court from which such transcript judgment on issued, shall have the effect of cancelling said judgment or of staying such proceedings thereunder as may be declared in and by said order. S. 196 amended. 3. Section 196 of said Chapter 33, is hereby amended by R.S.M. c. 33 striking out the words "fifty cents" in the eighth line thereof, Fee for registerand by substituting therefor, the words "one dollar." ing Certificate of Judgment. 4. This Act shall come into force the day it is assented to. Commencement of Act. CHAPTER 6. An Act respecting the Constitution and Practice of the Court of Queen's Bench. H [Assented to 28th June, 1895.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Queen's Bench Act, 1895." Short Title O.J.A. s. 1. INTERPRETATION. Interpretation 2. Where the words following occur in this Act, and the rules which may hereafter be made hereunder, they shall be of terms. construed in the manner hereinafter mentioned unless a contrary intention appears. 44 Court." (1) "Rules of Court" shall include the rules appended to Rules of this Act, as well as any further rules to be made by the Judges under the authority of this Act, and shall also include forms (2) "Cause" shall include any action, suit or other original “Cause.” proceeding between a plaintiff and a defendant, "Action." "Matter." "Plaintiff." "Petitioner." "Defendant." "Party." "Pleading." "Judgment." 'Order." "Oath." 'Proper officer." (3) "Action" shall include suit and shall mean a civil proceeding commenced by statement of claim or in such other manner as may be prescribed by Rules of Court. (4) "Matter" shall include every proceeding in the Court not in a cause. (5) "Plaintiff" shall include every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding whether the same be taken by action, suit, petition, motion, summons, or otherwise. (6) "Petitioner" shall include every person making any application to the Court either by petition, motion or summons otherwise than as against any defendant. (7) "Defendant" shall include every person served with any statement of claim or process, or served with notice of, or entitled to attend any proceedings. (8) "Party shall include every person served with notice of or attending any proceeding although not named on the record. (9) "Pleading" shall include any petition or summons, but not writ of summons, and shall also include the statement in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto, and of the reply of the plaintiff to any counter-claim of a defendant. (10) "Judgment" shall include decree. (11) "Order" shall include rule. (12) "Oath" shall include solemn affirmation and statutory declaration. (13.) "Proper Officer" shall, unless and until any rule to the contrary is made, mean an officer to be ascertained as follows: (a) Where any duty to be discharged under this Act is a duty which has been discharged by any officer, the proper officer to discharge such duty shall be such officer as has previously discharged analogous duties, or in the event of doubt as may be directed by the Chief Justice to discharge the same, or in the absence of the Chief Justice by one of the other Judges, (b) Where any new duty has, under this Act, to be discharged, the proper officer to discharge the same shall be such officer having previously discharged analogous duties, as may from time to time be directed to discharge the same by the Chief Justice of the Court of Queen's Bench. O.J.A., s. 2. (14) Verdict" shall include the finding of a jury and the "Verdict.” decision of a Judge. (15) "Vacation" shall comprise the vacations provided for "Vacation." in Rule 378. ORGANIZATION. Bench contin 3. Her Majesty's Court of Queen's Bench for Manitoba shall Court of Queen's exist and continue under the name and style of "Her Majesty's ued. Court of Queen's Bench for Manitoba"; and all commissions, orders, etc., to rules, orders and regulations granted or made in, by or respect- remain in force ing the Court, or the Judges or officers thereof now existing or being in force shall remain and continue in force until altered, changed, rescinded or otherwise determined according to law except as provided in this Act. R.S.M., c. 36, s. 3. as at present. 4. The said Court of Queen's Bench shall, during the reign How styled of a King, be called "His Majesty's Court of King's Bench for Manitoba," and during the reign of a Queen, "Her Majesty's Court of Queen's Bench for Manitoba," and in all writs, pleadings, petitions, notices, documents and proceedings in the Court, the Court shall be sufficiently designated and described by the words "In the King's Bench," or "In the Queen's Bench" according as the times shall be in the reign of a King or Queen. R.S.M., c. 36, s. 4. tion in General 5. All cases pending in the "General Court," and all pro- Pending litigaceedings taken therein prior to and at the date of the Court. organization of the said Court of Queen's Bench (which supersedes the said General Court) are transferred to, and shall be deemed to be judgments and proceedings in the said Court of Queen's Bench, and may be treated and carried on and final process may thereon be issued as if judgment had been obtained or proceedings had been commenced in the said Court of Queen's Bench. R.S.M., c. 36, s. 5. 6. The Court shall sit at the City of Winnipeg in the Where Court Province of Manitoba. R.S.M., c. 36, s. 6. shall sit. 7. The seal at present in use shall be and continue to be seal. the seal of the Court, which seal, however, may, from time to time, be renewed, changed or altered, or a new seal substituted therefor by order of the Lieutenant-Governor-in-Council, R.S.M., c. 36, s. 7. |