affidavit as are hereby required to be therein set forth, against every person who has signed and sworn such affidavit, and shall also be admitted in like manner as sufficient evidence of the truth of all such matters against every person who has not signed or sworn to the same, but who is mentioned. therein to be a proprietor, printer and publisher of such newspaper, pamphlet or other paper, unless the contrary shall be satisfactorily proved. 50 V. c. 23, s. 8, part.

Compliance with Act necessary to entitle anyone to benefit of Libel Act.

Penalty for publishing newspaper without having made affidavit required hereby.

Recovery of fines, &c.

same.

PENALTIES AND PROSECUTIONS.

16. No person or persons or corporation who has not or have not complied with the provisions of this Act shall be entitled to the benefit of any of the provisions of The Libel Act." 50 V. c. 23, s. 3.

17. If any person knowingly and wilfully print or publish.. or cause to be printed and published, or knowingly and wilfully, either as a proprietor thereof or otherwise, sell or deliver out any newspaper pamphlet or other such paper, such affidavit containing such matters and things as are required to be therein contained not having been duly signed, sworn and delivered and as often as by this Act is required, or any other matter or thing required by this Act to be done or performed not having been done or performed, such person shall be subject to a fine of twenty dollars. 50 V. c. 23, s. 7.

18. All fines, penalties and forfeitures under this Act may be recovered by action of debt in any Court of competent jurisdiction in the Judicial District or Judicial Division in which the offence was committed, and one moiety of the money arising by all such fines, penalties and forfeitures shall Disposition of be paid to the Provincial Treasurer, and shall form part of the Consolidated Revenue Fund, and the other moiety thereof shall belong to the person informing and suing for the same: and in default of payment by the defendant of any such fine, penalty or forfeiture and costs within such time as the Imprisonment Court may order, he may be imprisoned in the common gaol default. of the Judicial District for any term not exceeding four months. 50 V. c. 23, s. 14.

in case of

CHAPTER 108.

An Act Respecting Notaries Public..

SHORT TITLE..

NOTARIES PUBLIC

Lieut. Governor may appoint, s. 2.
Powers of, s. 3.

Examination of applicants, s. 4.

H

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

may appoint

2. It shall be lawful for the Lieutenant Governor in Coun- Lieut. Gov. cil to appoint from time to time as he thinks fit one or more Notary. Notaries Public for the Province, subject to the provisions of this Act. 46 and 47 V. c. 37, s. 1.

Notary.

3. Every such notary shall have, use and exercise the power Powers of a of drawing, passing, keeping and issuing any deeds and contracts, charter-parties and other mercantile instruments in this Province, and also of attesting any commercial instruments that may be brought before him for public protestation, and otherwise of acting as usual in the office of Notary, and may demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of Notary Public during pleasure. 46 and 47 V. c. 37, s. 2.

other than a

attorney, to be

4. Persons other than barristers and attorneys duly ad- Applicant. mitted as such in this Province desirous of being appointed barrister or as Notaries Public, shall be subject to examination in regard examined by to their qualification for the said office by the Judge of the County Judge. County Court of the Judicial Division in which such persons

Lieut. Gov. to regulate as to

and certificate:

reside, or by such other person as may from time to time be appointed in that behalf by the Lieutenant Governor; and no person shall be appointed a Notary Public without a certificate from said County Court Judge or such other person that he has examined the applicant and finds him qualified for the office, and that he is of opinion that a Notary Public is needed for the public convenience in the place where the applicant resides and intends to carry on his business. 46 and 47 V. c. 37, s. 3.

5. The Lieutenant Governor in Council may from time to examination time make regulations for such examination and certificate; and the Judge or other person examining shall be entitled to receive from the person examined a fee of five dollars for every examination. 46 and 47 V. c. 37, s. 4.

Examiner's

fee.

CHAPTER 109.

An Act to Prevent the Spread of Noxious Weeds.

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

2. In this Act, unless the context otherwise requires,---

1465

"Noxious weeds."

Operation of

Act may be extended.

(a.) The expression "noxious weeds" includes wild mustard, wild cats, Canada thistles and French weed, and all other noxious weeds to which this Act may be extended by by-law of any municipality as hereinafter provided. 53 V. c. 34, s. 1.

3. The council of any municipality may by by-law extend the operation of this Act within such municipality to any other weed or weeds which they declare to be noxious to husbandry in the municipality; and all the provisions in this Act shall apply to such noxious weeds as if the same were herein enumerated. 53 V. c. 34, s. 2.

DESTRUCTION OF NOXIOUS WEEDS.

Noxious weeds to be prevented from going to seed.

Penalty.

Duties of municipal councils.

Contents o resolution.

Duties of municipal officers.

Appointment

by Min. of

4. Every owner or occupant of land shall cut or cause to be cut down, or otherwise destroyed, all noxious weeds growing thereon, so often in each and every year as is necessary to prevent them going to seed, and if any owner or occupant of land neglect to carry out the provisions of this section, he shall be liable to a fine of not less than five dollars nor more than twenty-five dollars for each such offence. 53 V. c. 34, s. 3.

5. It shall be the duty of each municipal council, not later than the first day of April in each year, to designate by resolution what overseers of highways, pathmasters or other officers shall see to the carrying out of the provisions of the last preceding section. 53 V. c. 34, s. 4, part.

6. Such resolution shall define the limits of the division within which each such overseer, pathmaster or other officer shall exercise his duties in this respect; and such limit shall be so defined that every portion of the municipality shall be included within the jurisdiction of at least one such overseer, pathmaster or other officer. 53 V. c. 34, s. 4, part.

7. The clerk of the municipality shall transmit a copy of the resolution to the Department of Agriculture and Immigration within one week after its passage. It shall be the duty of each such overseer, pathmaster or other officer to see that the foregoing provisions of this Act are carried out within the division placed under his jurisdiction, by cutting or causing to be cut and destroyed all the noxious weeds growing on the highways or road allowances within the division so placed under his jurisdiction. 53 V. c. 34, s. 4, part.

8. Should any municipal council fail to carry out the foreAgr. and Imm, going provisions of this Act by refusing or neglecting to ap point such overseers, pathmasters or other officers, then the