Proviso as to re-examina

tion of

accounts by auditor.

purpose or purposes for which such grant was intended: Provided always, that whenever the said Auditor shall be required by the Treasurer to make a re-examination of any appropriation appropriation account, for the purpose of ascertaining whether the expenditure incurred under any such account is supported by proper authority, and the payment applied as indicated by the voucher, or of proof of payment, or that a payment so charged did not occur within the period of the account, or was for any reason not properly chargeable against the grant; the Auditor shall examine such account with that object, and shall report to the Treasurer any expenditure which may appear upon such re-examination to have been incurred or applied without proper authority; and if the Treasurer should not thereupon see fit to sanction such unauthorized expenditure, it shall be regarded as not chargeable to a legislative grant, and shall be reported to the Legislative Assembly in the manner herein provided.

Report to
Legislature.

Other accounts that auditor may be required to examine and audit.

Accounts under pre

by whom to be rendered.

80. Besides the appropriation accounts of the grants of the Legislature the Auditor shall examine and audit, if required to do so by the Treasurer and in accordance with any regulations that may be prescribed for his guidance in that behalf by the Treasury Board, the following accounts, viz.: The accounts of all receipts of revenues forming the consolidated revenue fund of the Province, the accounts current with the several banks and financial agents of the Province, the accounts relating to the issue or redemption of loans, and any other public accounts which, though not relating directly to the receipts and expenditure of the Province, the Treasurer or the Treasury Board may direct.

81. The accounts which by the last preceding section the ceding section, Treasurer is empowered to subject to the examination of the Auditor, shall be rendered to him by the departments or offices directed by the Treasurer so to do, and the term "accountant," when used in this and the following sections of this Act with reference to any such accounts, shall be taken to mean the officer that may be so required by the Treasurer to render the same; and every public officer into whose hands public moneys, either in the nature of revenue or fees of office, shall be paid by persons bound by law or regulation to do so, or by subordinate or other officers whose duty it may be to pay collect public such moneys, wholly or in part, into the account of the Treasurer, or to apply the same to any public service, shall, at such times and in such form as the Treasury Board shall determine, render an account of his receipts and payments, to the Auditor; and it shall be the duty of the Clerk of the Executive Council to inform the Auditor of the appointment of every such officer.

Officers empowered to

moneys to render an account to auditor.

Auditor shall transmit a

statement of his audit to Treasurer.

82. In all cases when the Auditor is required by the Treasurer to examine and audit the accounts of the receipt, expenditure, sale, transfer or delivery of any securities, stamps, Canadian

or other Government stock or annuities, provisions, stores or other property belonging to the Province, he shall, on the examination of such accounts being completed, transmit a statement thereof, or a report thereon, to the Treasurer, who shall, if he thinks fit, signify his approval of such accounts, and the Auditor, on receipt of such approval, shall thereupon transmit to the accountant a certificate, in a form to be from time to time determined by the Treasury Board, which shall be to such accountant a valid and effectual discharge from so much as he may thereby appear to be discharged from.

83. In order that all examinations may, as far as possible, proceed simultaneously with the transactions of the several departments, the Auditor shall have free access at all convenient times, to the books and other documents relating to the accounts of such departments, and may require the several departments concerned to furnish him, from time to time, or at regular periods, with accounts of the transactions of such departments respectively, up to such times or periods.

of vouchers.

84. In conducting the examination of the vouchers relating Examination to the appropriation of the grants for the several services sanctioned by the estimates of the year, or by any Act of the Legislature, the Auditor shall test the accuracy of the computations of the several items of such vouchers, and if he is satisfied that the accounts bear evidence that the vouchers have been completely checked, examined and certified as correct in every respect, and that they have been allowed and passed by the proper departmental officers, he may admit the same as satisfactory evidence of correctness in support of the charges to which they may relate, but he will not be thereby relieved from his responsibility in the matter.

85. Every accountant, on the termination of his charge as such accountant, or in case of a deceased accountant, his representatives, shall forthwith pay over any balances of public money then due to the Crown in respect of such charge, to the public officer authorized to receive the same, and in all cases in which it shall appear to the Auditor that balances of public money have been improperly and unnecessarily retained by an accountant, he shall report the circumstances of such cases to the Treasurer, who shall take such measures as to him may seem expedient for the recovery, by legal process or by other lawful ways and means, of the amount of such balance or balances, together with interest upon the whole or on such part of such balance or balances, for such period of time and at such rate as to the Treasurer may appear just and reasonable.

Legislature.

86. If the Treasurer does not, within the time prescribed by Report to the Act, present to the Legislature any report made by the Auditor on the appropriation accounts or any other accounts, the Auditor shall forthwith present such report.

Monthly

statement of revenue and expenditure.

Acts repealed.

87. The Auditor shall cause to be prepared for submission to the Treasury Board, at the earliest possible moment after the end of each month, a statement of the revenue and expenditure as shown by his books, on account of the various services up to date named.

88. The following Acts, and Acts amending the same, are hereby repealed: Chapter 27 of the Consolidated Statutes of Manitoba, and Chapter 38 of 47 Victoria; but the Acts repealed by any of the said Acts or parts of Acts shall remain repealed.

Preamble.

Interpretation

Citation of Act

Department of
Provincial

CAP. XXI.

An Act Respecting the Sale and Management of Provincial Lands.

[Assented to 10th June, 1887.]

Whereas it is expedient and necessary to make provision for the administration of the public lands now acquired or which may be hereafter acquired in any manner whatsoever by the Government of the Province of Manitoba, whether earned under the Statutes or Orders-in-Council of this Province, or of the Dominion of Canada relating to the draining of submerged or swamp lands, or the granting of swamp lands to this Province for public purposes, lands foreclosed under mortgages or acquired for arrears of taxes and all lands that may be or become vested in Her Majesty for the use of this Province or in any way become the property of this Province:

Therefore Her Majesty by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

1. The word "Commissioner" shall mean the Provincial Lands Commissioner named under this Act, and the expression "Land" shall extend to and include land, messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description, whatever may be the estate or interest therein, together with all paths, passages, ways, water-courses, liberties, privileges, easements, mines, minerals and quarries appertaining thereto, and all trees and timber thereon, unless any such are specially excepted. The word "Patent" shall mean and include a Grant of Lands by Letters Patent under this Act.

2. This Act may be cited as the "Manitoba Provincial Lands Act, 1887."

3. There shall be a department for the management and sale of Lands formed. the provincial lands, to be called "The Provincial Lands Depart

be

Executive
Council to be

Commissioner

ment," and the same shall be administered by such member of A member of the Executive Council of the Province of Manitoba as may designated by the Lieutenant-Governor-in-Council, and for the purposes of this Act, such member shall be known as the "Provincial Lands Commissioner," in addition to any other titles or appellation by which he may be known as a member of the said Executive Council,

of officials.

4. The Lieutenant-Governor may from time to time appoint Appointment officers and agents to carry out this Act and Orders-in-Council under it, which officers and agents shall be paid in such manner and at such rates as the Lieutenant-Governor-in-Council may direct.

5. The Commissioner shall annually lay before the Legislative Assembly, and within ten days after the meeting thereof, a report of, the proceedings, transactions and affairs of the Department during the year then next preceding.

Annual report

of Commis

sioner.

Council.

Gazette.

6. The Lieutenant-Governor-in-Council may, from time to Orders in time, make such orders as are necessary to carry out the provisions of this Act according to their obvious intent, or to meet cases which may arise and for which no provision is made by this Act, and such orders shall be published in the Manitoba Publication in Gazette and in such newspapers as the commissioner may direct, and shall be laid before the Legislative Assembly within the first ten days of the session next after the date thereof; but no such order shall be inconsistent with this Act, save that Not to be the powers herein given to the Commissioner may be exercised by the Lieutenant-Governor-in-Council,and shall be subject to any Order-in-Council regulating or affecting the same from time to time:

inconsistent with this Act.

SALES AND LICENSES OF OCCUPATION AND ASSIGNMENT

THEREOF.

7. The Lieutenant-Governor-in-Council may, from time to time, fix the price of the public lands, and the terms and conditions of sale and of payment.

Price of public fixed.

lands-how

Occupation.

8. The Commissioner may issue, under his hand and seal, License of to any person who has purchased or may purchase, or is permitted to occupy, or has been entrusted with the care and protection of any provincial lands or who has received or been located on any provincial lands as a free grant, an instrument in the form of a license of occupation; and such person or the assignee by an instrument registered under this or any former Act, providing for registration in such cases, may take possession of and occupy the land therein comprised, subject to the conditions of such license, and may thereunder, unless the Rights of same has been revoked or cancelled, maintain suits at law or in equity against any wrong-doer or trespasser, as effectually as

Q

licensee.

Register book

for recording

be kept.

he could do under a patent from the Crown; and such license of occupation shall be prima facie evidence for the purpose of possession by such person, or the assignee under an instrument registered as aforesaid, in any such suit or action, but the same shall have no force against a license to cut timber existing at the time of the granting thereof.

9. The Commissioner shall keep a book for registering (at assignments to the option of the parties interested) the particulars of any assignment made as well by the original nominee, purchaser, locatee or lessee of provincial lands, or his heirs or legal representatives, as by any subsequent assignee of any such provincial lands or the heir or legal representative of such assignee; and upon such assignment being produced to the Commissioner, with an affidavit of due execution thereof, and of the time and place of such execution, and the names, residences and occupations of the witnesses, the said Commissioner shall cause the material parts of every such assignment to be registered in such book of registry, and shall cause to be endorsed on every such assignment a certificate of such registration, to be signed by himself, or by any officer of the department by him authorized to sign such certificates.

Mode of registration.

Priority of

registration to govern.

Death of witness, provision in case of.

Tax sale deeds

of lands the

fee simple of which is in

her Majesty,

have.

10. Every such assignment so registered shall be valid against any assignment previously executed but subsequently registered or unregistered; but all assignments to be registered must be unconditional, and all the conditions of the sale, grant or location must have been complied with, or dispensed with by the Commissioner before such registration is made.

11. If any subscribing witness to any such assignment is deceased, or has left the Province, the said Commissioner may register such assignment upon the production of an affidavit proving the death or absence of such witness and his handwriting, or the handwriting of the party making such assignment.

12. Wherever the proper officer or officers having by law the power or authority to make or execute deeds on sales of lands for taxes have heretofore made or executed, or hereafter what effect to make or execute any deed purporting to grant, sell or convey any land or portion of land, the fee of which is in Her Majesty, or purporting to grant, sell or convey the interest therein of any locatee or purchaser from the Crown, and such deed recites or purports to be based upon a sale for taxes on such land or interest, the Commissioner may act upon and treat such deed as a valid transfer of all the rights and interest of the locatee or purchaser from the Crown, and of every person claiming, under him, in or to such land or portion of such land to the grantee named in such deed, and may cause a patent for such land to be issued to such grantee on completion of the original conditions of location or sale, unless such deed is questioned before a court of competent jurisdiction by some