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amended

27. Section ninety-four, of the said Act, is amended by Sec. 94 striking out the words "by any licensee" in the second line thereof.

amended.

28. Section one hundred and three of the said Act is hereby Sec. 103 amended by striking out the word "fourth" and "subsequent" in the firstline thereof and in the fourth and fifth lines thereof, and by adding at the end thereof the words "which may now be cited as the Summary Convictions Act."

29. Section one hundred and ten of the said Act is amended Sec. 110 by adding after the word "orders," in the third line thereof, amended. the words "which may now be cited as the Summary Convictions Act," and by striking out sub-section one of said section one hundred and ten, and substituting therefor the repealed. following:

Sub-sec. 1

(1.) The magistrate or magistrates shall in all cases reduce New sub-sec. or cause to be reduced to writing the evidence of the witness or witnesses examined before him or them, and shall read the same over to the witness or witnesses or cause it so to be read, whereupon such witness shall sign the same: Provided that if any witness is unable to write or refuses to sign the same, the cause or reason shall be noted in writing at the end or foot of such written deposition and attested by the signature of the magistrate.

amended.

30. Section one hundred and twenty-one of the said Act is Sec. 121 hereby amended by striking out the words "under license or," in the tenth and eleventh lines thereof, and by striking out the words "holder of the license or," in the fifteenth line thereof.

amended.

31. Section one hundred and thirty-six of the said Act is Sec. 136 amended by adding at the end thereof the words "and in the computation of periods of time under this Act the first day shall be excluded and the last day included, unless otherwise expressed or intended by the context."

138 repealed.

32. Sections forty-nine and one hundred and thirty-eight Secs. 49 and of the said Act are hereby repealed.

Chief of Provincial police substituted for

» chief inspector

33. The words "Chief of Provincial Police" shall be substituted and read in said Act in place of "Chief Inspector," and wherever the words "Inspector" and "District Inspector" etc, appear they shall respectively mean the Chief of Police or one of the Provincial Police.

34. This Act shall come into force on being assented to.

Act to come into force when.

CAP. XXV.

Sec. 1. Cap. 2 of 49 Vic. amended.

Act to come into force

when.

An Act to amend Chapter two of the Statutes, passed in the forty-ninth year of Her present Majesty's Reign.

HE

[Assented to 10th June, 1887,]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as fol

lows:

1. Section one, Chapter two (2) of the Statutes, passed in the forty-ninth year of Her present Majesty's reign, is hereby amended by inserting after the word "case" in the third line thereof the words, " where the amount for which such judgment is rendered or order made does not exceed the sum of twenty-five dollars."

2. This Act shall come into force immediately.

CAP. XXVI.

Sec. 12. Cap. 29, 49 Vic. amended as

to sub-secs. 4, 5, 6 and 7.

Sec. 74 amended.

Sec. 79 amended.

"An Act to amend the Election Act of Manitoba, 1886."

H

[Assented to 10th June, 1887.]

ER MAJESTY by and with the advice and consent of the
Legislative Assembly of Manitoba, enacts as follows:-

1. Section (12) of chapter 29 of the Acts passed in the forty-ninth year of Her present Majesty's reign is hereby amended by adding to sub-sections (4), (5), (6) and (7), respectively, the words, and has also been for three months in use dating prior to the date of the signing of the register a resident of and domiciled within the Electoral Division for which he claims to vote: Provided, however, that in case of Ministers of the Crown they shall be entitled to be registered as electors for the Electoral Division they represent whether they be resident or not therein when otherwise qualified.

2. Clause 74 is hereby amended by adding after the words "prior to " in the first line thereof, the words "and including."

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3. Clause 79 is hereby amended by substituting the word thirty" for the word "sixty" in the fifth line thereof, and by striking out the following words in the seventh and eighth lines thereof: " or until a final judgment has been delivered, if the election has been protested."

of same sec.

(1.) Sub-section (1) of the same clause is hereby amended by Also sub-sec. 1 striking out the following words in the second, third and fourth lines thereof," and if such candidate be not unseated or be unseated but not personally found by the Court guilty of a corrupt practice.

(2.) Sub-section (2) of the same clause is hereby amended by And sub-sec. 2. striking out the following words in the second line thereof: "by the returning-officer," and by striking out the following words in the third and fourth lines thereof: "If such candidate be not unseated or be unseated but not personally found by the Court guilty of a corrupt practice.'

4. The provisions of section three of this Act, shall apply to deposits already made and in the hands of the clerk of the Executive Council, and shall be in force and take effect on, from and after the day on which this Act receives assent;the remaining sections of this Act shall come into force and take effect on, from and after the first of January, A.D. 1888.

Sec. 3 of this
deposits to
when to take

Act, to what

apply and

effect.

CAP. XXVII.

An Act to amend "The Court of Queen's Bench Act, 1885."

H'

ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of Manitoba, enacts as follows:-

[Assented to, 10th June, 1887.]

1. Section 17 and sub-sections thereof, are hereby repealed Sec. 17 and and the following substituted therefor :

sub-secs.
repealed.

17. The Court shall sit in banc, during three terms, after New section. the first day of January, 1888, every year as follows, that is to say :

Hilary term, which shall commence on the first Monday in Hilary term. February and end on the second Saturday following.

Easter term, which shall commence on the last Monday in Easter term. May and end the second Saturday following.

term.

Michaelmas term, which shall commence on the last Monday Michaelmas in November and end on the second Saturday following: Provided, however, that for the remainder of the present year the Court shall sit in banc during two terms, that is to say, during Trinity and Michaelmas. Trinity term which shall Trinity term. commence on the first Monday in October and end on the Saturday following, and Michaelmas term which shall commence on the last Monday in November and end on the second Saturday following.

1

Term may be extended by rule of court.

Court may adjourn during term.

Sec. 24 amended.

Proviso as to trials during term.

Sec, 62 amended,

vacation.

(1.) The Court may, by rule of Court or any order made or passed in any term, extend such term from time to time as the Court shall deem necessary or advisable, having reference to the business before the Court.

(2.) The Court, during term, may, if the business before the Court justifies the proceeding, in its discretion adjourn the Court from time to time. 38 Vic., c. 2, s. 3; C.S.M., c. 31, ss. 15, 19; 47 Vic., c. 21, s. 3.

2. Section 24 of the said Act is hereby amended by adding thereto the following proviso:-"Provided, however, that no such action shall be tried on any day in term except by special order of the court or a judge; and the prothonotary shall not receive and enter any record in such action for trial for any day in term unless it be accompanied by such order which shall be filed with the record."

3. Section 62 of the said Act is hereby amended by strikchanging long ing out the word "July" in the second line thereof and substituting therefor the word "August," by striking out the words "twenty-first day of August" in the third line thereof, and substituting therefor the words "thirtieth day of September," by striking out the words "twenty-first day of August in the seventh line thereof and substituting therefor the words "thirtieth day of September" and by striking out the word "July" in the ninth line thereof and substituting therefor the word "August.

Sec. 66 of Cap. 15 repealed,

Act to come into force when.

4. Section sixty-six (66) of said chapter fifteen (15) is hereby repealed.

5. This Act shall come into force on the day that it is assented to.

Sec. 4 of Cap. 37 of 49 Vic. repealed.

H

CAP. XXVIII.

An Act for further improving the Law.

[Assented to 10th June, 1887.]

ER MAJESTY by and with the advice and consent of the Legislative Assembly of Manitoba enacts as follows:

1. The fourth section of "The Manitoba Petition of Right Act" being chapter 37 of the Acts passed in the 49th year of Her Majesty's reign, is hereby repealed, and the following substituted therefor :

"4. The said petition shall be submitted for consideration to New sec. the Lieutenant Governor in Council, and upon such considera- Petition of tion a fiat may be granted that right be done. The suppliant right. on so submitting the petition shall file therewith in the office Fiat for. of the clerk of the Executive Council a certificate by the Prothonotary that a bond for security for costs by the suppliant costs. and two sufficient sureties has been deposited in his office, and until a satisfactory security bond shall have been deposited, no fiat shall be granted."

2. The third section of Chapter fifteen of the statutes passed in the forty-ninth year of Her Majesty's reign, intituled "An Act respecting County Court Judges" is hereby amended by striking out the words "forfeiture of office, and the further penalty of" in the seventh line thereof.

Security for

Sec. 3 of Cap. amended.

15 of 49 Vic.

3. Section 117 of the "Administration of Justice Act 1885," Sec. 117 of Ad. is amended by adding thereto the following sub-section :

Justice Act,
1885, amended.
Sub-sec.
added.

wages.

(12.) Any debt due or accruing due by a mechanic, workman, laborer, servant, clerk or employee, either for his Exemption of wages or salary shall not be liable to seizure or attachment unless such debt exceeds the sum of ($25.00), twenty-five dollars, and then only to the extent of such excess.

4. Every barrister shall be entitled to sue for fees due to him, and this section shall be applicable to fees earned before as well as after the passing of this Act.

Barristers may

sue for fees.

5. Section 15 of the Railway Aid Act, 1885, is hereby Sec. 15 of amended by adding thereto the following sub-section :

Railway Aid Act, 1885, amended.

earnings.

(1.) The three per cent. of the gross earnings of the rail- Division of way of any company receiving aid under this Act and required to be paid into the Treasury as mentioned in the foregoing part of this section, may be divided by the LieutenantGovernor-in-Council among the municipalities within the limits of which may be situated any portion of the said railway or any real estate belonging to the said company, which may be exempted from taxation under this section; and in making such division among said municipalities the Lieutenant-Governor-in-Council may take into consideration special claims which may be due to those of those of the said Special claims municipalities which may have granted aid by way of deben- municipalities tures or otherwise toward the construction of the railway.

any

6. Section 206 of Chapter 17 of the Statutes of 48 Victoria Sec. 206 of Cap. is hereby repealed, and the following substituted therefor :

17. 48 Vic.

repealed.

special juries.

"206. Either plaintiff or defendant in any civil action in the New sec. as to Queen's Bench, who is otherwise entitled to a jury, may of right have the issues of fact therein joined, and the damages tried and assessed by a special jury according

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