CHAPTER 3. An Act respecting the Purchase and Conditional Sale of Cows and Heifers by the Department of Agriculture and Immigration [Assented to March 10th, 1916.] H' Act." IS MAJESTY, by and with the advice and consent of the This Act may be cited as "The Settlers Animal Purchase Short title. 2. In this Act the expression (a) "Minister" means the Minister of Agriculture and Im-"Minister." migration of the Province of Manitoba; sioner." (b) "commissioner" means the live stock commissioner of "Commisthe Department of Agriculture and Immigration of the Province of Manitoba; (c) "animal" means a heifer or a cow of the bovine species; "Animal." (d), "settler" means the head of a family or a married "Settler." man residing with his wife upon a farm in those portions of the Province of Manitoba hereinafter referred to; (e) "department" means the Department of Agriculture "Department." and Immigration of the Province of Manitoba. of moneys 3. The Lieutenant-Governor-in-Council, on the advice of Expenditure the Minister, may from time to time authorize the expenditure authorized. of such moneys of the Province of Manitoba as may be necessary to carry out the objects and purposes contemplated by this Act, that is to say, the purchasing and raising of animals by the Government of Manitoba and the conditional sale of same under the provisions of this Act to needy and worthy settlers in those portions of the Province hereinafter defined. sale of animals. 4. After the said authority of the Lieutenant-Governor- Purchase and in-Council is obtained the Minister may, subject to the provisions of this Act, purchase or raise animals and sell same conditionally to bona fide settlers under the provisions of this Act. 5. Any such conditional sale may be either upon credit, or Credit or partly for cash and partly for credit. part credit. Application and declaration. Approval by other members necessary. Application to be examined. Approval. Rejection. Inspection of farm and home 6. (1) A settler desiring to purchase animals under the terms of this Act shall send to the Department an application and declaration in the form set out in Schedule A to this Act, or to the like effect. (2) No such application shall be entertained unless same is approved of by the other members of the community or organization of ten members hereinafter referred to who desire to get the benefit of this Act, such approval to be signed by the said other members in the form at the end of Schedule A or to the like effect. 7. (1) The Minister shall have each application carefully examined by the commissioner, or his assistants, who shall decide whether the settlers applying come within the provisions of this Act, and approve or reject said application. (2) If the application is approved the commissioner shall proceed to carry out the other provisions of this Act. (3) If the application is rejected no further steps shall be taken in regard thereto. 8. (1) After the application of the settler has been apof applicant. proved the commissioner or his assistant shall personally inspect the farm and home of the applicant and shall make such inquiries in the neighborhood where the said settler resides as will enable the commissioner to decide if the said settler is entitled to the benefits of this Act. Information to be obtained as to settler Agreement to be entered into. Term of payment. Lien in favor of Government. (2) Said inquiries shall be directed to ascertaining inter alia the following information: (a) The ability of the applicant to feed, take care of and attend to any animals delivered to him; (b) the ability of the applicant to pay for any animals delivered to him; (c) the general reputation of the applicant in the community in which he resides for honesty, morality and thrift. 9. (1) Every purchaser upon credit or part credit shall as partial security to the Government of Manitoba, enter into an agreement with the said Government represented by the Minister, in form B in the schedule hereto annexed, or to the like effect. (2) The term of payment under any of said agreements shall, in no case exceed five years, and the rate of interest shall be not less than 7 per cent. per annum, which interest shall be payable yearly on the first day of November in each year. 10. (1) Each agreement entered into in connection with each conditional sale made under this Act, upon credit or partly upon credit, shall create a lien in favor of the Government on the animals sold and upon the progeny of said animals for the purchase money and interest and such lien shall remain valid until the animals which it covers have been fully paid for. in Government. (2) The title, ownership and right to possession of all Title to remain animals delivered to any settler under this Act, as well as of the progeny of any such animals, shall, at the risk of the settler who accepts delivery aforesaid, remain in His Majesty the King, in the right of the Province of Manitoba until the price of the animals with the interest thereon is fully paid and satisfied. and resume (3) In every agreement to purchase the right shall be Right to inspect reserved to the Minister or the commissioner, or any officer or possession. assistant of the Department, to inspect the animals described and referred to therein at their discretion and resume possession of such animals or any number of same at any time on behalf of His Majesty the King, in the right of the Province of Manitoba, if, in the judgment of the Minister or the commissioner or any officer or assistant of the Department, such animals are not receiving proper care, feed and attendance, or, if for any other reason whatsoever, the Minister, commissioner, or any officer or assistant of the Department deems it unwise to let the animals remain with the settler. possession has (4) In any case where His Majesty the King in the right Procedure after of the Province of Manitoba has resumed possession of any been resumed. animals, he may hold the same until the indebtedness of the settler in connection therewith has been paid, or he may sell the animals at public or private sale. The proceeds of any such public or private sale shall be applied, after deducting all expenses in connection with such taking possession and sale, in reducing the indebtedness of the settler in connection with said animals, and the settler shall remain liable for any balance of the purchase price remaining unpaid. (5) The death of or damage to any or all of said animals Settler not relieved by by any means whatsoever, while they are in the possession of death of or the settler, shall not release the settler from liability for payment damage to. of the price of said animals. co-operative cheese factory. 11. (1) Each purchaser under this Act must agree that Milk and cream until his indebtedness for animals delivered to him under this to be sent to Act is fully satisfied, he will send such proportion of the milk creamery or and cream from all of his cows as he does not require for use in his family, to any co-operative creamery or cheese factory which the Government of Manitoba may establish in a locality convenient to the farm of the purchaser. The Minister may deduct monthly a certain proportion of the moneys payable for milk and cream to any purchaser in any such creamery or cheese factory and apply same to the indebtedness of the purchaser to the Government for animals purchased under this Act. Deductions by (2) The Minister shall be the sole judge as to what propor- Minister to be sole judge tion of moneys shall be deducted as aforesaid. as to proportion to deduct. be entered into. 12. No delivery of animals to any settler shall be made under Bond must this Act unless the settler shall have entered into a bond in the form C in the schedule to this Act in a sum equal to onetenth of the value of the cattle delivered to him as set out in Communities of 10 settlers each. the agreement referred to in section 9 hereof. Said bond shall be conditioned that same will become payable in the event of any default by any of the other members of the group of ten settlers as hereinafter provided. 13. All applications for cattle, inspections and deliveries shall be made wherever possible in communities or organizations of ten settlers each, it being the intention of this Act that ten settlers form a community or organization to apply for cattle, to recommend the various members of same as fit and proper persons to receive cattle and to give bonds in the case of each Bond by each member for one-tenth of the value of the animals delivered to member. Filing or registration of certificate. Lien or charge on land. In favor of His Discharge of lien. Approval of agreements, etc. Branding of animals. that member, said bond being security for the performance of their agreements by the other members of the group of ten settlers, all of whom are to receive animals under this Act. 14. (1) As additional security to the Government of Manitoba the Minister shall file or register in the land titles or registry office in which are or may be comprised for registration purposes the lands owned by the settler, to whom animals have been delivered, under this Act, a certificate or certificates in writing signed by himself as such Minister, to which shall be attached his seal of office setting forth the information as shown in schedule D. (2) It shall be the duty of the district registrar of every land titles office, and the registrar of every other registry office in which the lands or a portion thereof shown in the said certificate are or may be comprised for registration purposes, to enter and record, without fee, as a lien or charge against the lands respectively shown in such certificate, the amount stated in the said certificate; (3) Every such lien or charge so filed and entered as aforesaid shall, to the amount named in said certificate with the interest thereon, operate as a lien or charge in favor of His Majesty against the land or lands described in such certificate. (4) Upon the payment of any amount mentioned in such certificate and the interest thereon under the provisions of this Act, a certificate in writing by the Minister similarly signed and sealed as aforesaid, certifying that such amount has been paid, shall operate as a discharge of said lien or charge and shall, upon production thereof, be filed or registered without fee by the district registrar or other registrar, and an entry made that such lien has been discharged. 15. The form and wording of all agreements, bonds, certificates and other instruments to be used in carrying out the provisions of this Act shall be approved of by the Minister before being used. 16. (1) Animals delivered to settlers under the provisions of this Act shall be branded on the right hip with the letter "M" and it shall not be lawful for any person to deface, alter or vent such brand until the animal bearing it has been fully paid for and he is authorized in writing by the commissioner to vent such brand on the animal specified. brands. (2) Any person found guilty of altering or defacing or vent- Offences re ing any such brand without such authority shall be liable, upon summary conviction before two justices of the peace or a police magistrate, to a fine of not less than fifty dollars and not more than two hundred dollars for each such offence and in default of payment to imprisonment for a period not exceeding six months. 17. This Act shall apply only to that portion of the Province To what porof Manitoba between Lake Winnipeg and Lake Manitoba tion of Manilying north of township fourteen. toba Act is applicable. Act to other 18. The Lieutenant-Governor-in-Council, on the advice May extend of the Minister, may extend the provisions of this Act to any portions. portion of the Province, in which the settlers are needy and worthy within the meaning of this Act. animals to be 19. No more than five animals shall be delivered to any one Number of settler at any one time and no more than five animals shall be delivered. delivered to the same settler unless he has been deprived of the animal or animals already delivered to him through no fault of his own. forms. 20. The forms set out in the schedule to this Act may be Variations in varied to suit particular cases which arise from time to time, but such variations shall not affect any matter of substance in said forms. with until 21. Until the purchase price and interest of animals de- Animals must livered to a settler under this Act is paid in full, the said ani- not be dealt mals must not be killed, slaughtered, sold, lent, hypothecated or paid for. otherwise disposed of by the settler in any way unless by the Unless Minister consent of the Minister. consents. 22. Any settler who has any animals delivered to him under Penalties for this Act and who kills, slaughters, disposes of, sells, hypothecates breaches. or deals with same or any number of same contrary to the provisions of this Act, or any person who is guilty of a breach of any provision of this Act for which no penalty is otherwise provided, shall be liable, on a conviction before two justices of the peace or a police magistrate, to a fine of not less than three hundred dollars nor more than five hundred dollars, and in addition to imprisonment for a period not exceeding eighteen months. limitation not 23. The cause of action upon any agreement given to secure Statutes of the price or part thereof of any animals delivered under the pro-applicable. visions of this Act shall continue to exist so long as the amount mentioned in said agreement or any part thereof remains unpaid; and the provisions of any statute limiting the time for the commencement of suits or actions shall not apply to actions or suits instituted to recover the amount and the interest thereon due to the Province, under any such agreement. |