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streets and

vested.

said owners shall hold, possess and enjoy such lands, or such portion thereof as shall be named in such by-law, free from the easements or rights aforesaid, and as if no such plan had been Land forming. made, registered or lodged with the registrar or district regis- squares, in trar, or no such easement or right given or granted; and the whom to be land forming street or streets, square or squares, shall belong to, and be vested in severalty in, the owners of the adjoining lot or lots of land immediately adjoining thereto; that is to say, each owner shall have one-half of said street or streets, square or squares, to the centre thereof, immediately adjoining the land owned by them respectively in severalty, and said portions of said street shall be so vested in the owners of the adjoining lot or lots of land to which it has been added. And Compensation the council shall also determine and fix what shall be paid to of lots. any purchaser of, or any party entitled to any interest in, any lot or lots of land in any plan proposed to be so withdrawn, annulled or altered, as full compensation for his or her interest therein. 50 V. c. 38, s. 8.

to purchasers

decide as to

24. The council, upon such application, shall not be bound Conneil may to decide whether such easements or rights exist, but, not- easements. withstanding any such easement or right existing, shall be empowered to decide the same as to the council shall seem just and equitable under all the circumstances. 53 V. c. 38, s. 9.

sec. 23.

25. The effect of the passing of such by-law referred to in Effect of bylaw annulling the twenty-third section of this Act shall be to vest in the a plan under owner of the lands comprised in said town or village site or of the largest portion thereof, as the case may be, who shall be the applicant for the removal or variation of such plan, such title to said lands or the portion to be affected by said by-law as shall by such by-law be declared to be vested in such owner or other persons, absolutely freed and discharged of and from all liens, charges or incumbrances thereon; and such by-law shall state and describe the portion or portions intended to be affected thereby by metes and bounds or by some other sufficient description. 50 V. c. 38, s. 10.

under sec. 22.

26. The compensation in the twenty-second section of this Compensation Act referred to shall be based upon the then present cash how based. value of said lot or lots, having regard to taxes and other liens and incumbrances; and the said council may, in lieu of money compensation, direct that such other lands in such town or village site, of equal value, as the council shall see fit shall be conveyed to such person entitled to compensation as aforesaid, on such terms as to costs of conveyances and otherwise as to the said council shall seem best. 50. V. c. 38, s. 11.

Act shall

27. The eleven last preceding sections of this Act shall What lands not affect lands in cases where in the opinion of the council affect.

Act not to apply in

the value of the property covered by said plan exceeds twenty dollars per acre. 50 V. c. 38, s. 12.

28. The twelve last preceding sections of this Act shall certain cases. not apply in cases where any one portion of the land embraced in said plan exceeding two acres shall be under mortgage. 50 V. c. 38, s. 13.

Notice of application.

SCHEDULE.

The following is the Schedule referred to in this Act.

SCHEDULE A.

(Section 20.)

NOTICE OF APPLICATION.

Notice of application to amend plan (or part of plan) of town (or village) site of

Notice is hereby given that an application will be made to the council of the Rural Municipality of

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50 V, c. 38, s. 5, Sch. A

CHAPTER 118.

An Act Respecting the Pollution of Rivers and
Streams.

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H

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

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2. The banks of all rivers and running streams within this Interpretation Province shall, for the purposes of this Act, include all the "bank." lands within fifty feet of ordinary high water mark, or at least fifty feet behind any house, barn or any other building used, situated on either side. C. S. M. c. 21, s. 3.

PENALTIES.

the banks

3. Any person who shall deposit, or cause to be deposited, Prohibiting any stable or barn manure, or any night soil, or any other manure on filthy or impure matter of any kind, along the bank of any Penalty. river or running stream within this Province, shall, for every such offence, on conviction, incur a penalty not exceeding

Throwing refuse into river Penalty.

twenty-five dollars, above costs, for each and every such offence, and, in default of payment forthwith, shall be imprisoned in the common gaol of the Judicial District in which the offence was committed for a term not exceeding two months, unless the said penalty and costs, with the costs of conveyance to gaol, be sooner paid. C. S. M. c. 21,

s. 1.

4. Any person who shall cast or throw into the waters, or in the bed, of any river or running stream within this Province any stable or barn manure, or any night soil, or the carcase of any dead animal, or any filthy or impure matter or substance of any kind whatever, shall, on conviction for any such offence, incur a penalty not exceeding twenty-five dollars, above costs, and, in default of payment forthwith, shall be imprisoned in the common gaol of the Judicial District in which the offence was committed for a term not exceeding two months, unless the said penalty and costs, with the costs of conveyance to gaol, be sooner paid. C. S. M. c. 21, s. 2.

Prosecutions, before whom tried.

Arrest of offenders without

warrant.

One credible witness

cases under

Act.

PROSECUTIONS.

5. All prosecutions for offences under this Act may be taken and tried before any police magistrate or justice of the peace within themunicipality where the offence is committed, and may be cominenced by summons or warrant, in the discretion of the magistrate or justice. C. S. M. c. 21, s. 4.

6. It shall be lawful for any policeman, constable or peace officer to arrest without any warrant, on view, any person committing any offence under this Act; and every such person shall be taken before the nearest police magistrate or before any justice of the peace, and may be immediately proceeded against, without any other formality. C. S. M.

c. 21, s. 5.

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7. In all cases under this Act, one credible witness shall sufficient for be sufficient, and the magistrate or justice of the peace before whom any case under this Act is heard and determined may, in his discretion, order one-half of the fine to be handed over to the informer and in all cases the party convicted shall pay all costs of arrest and prosecution, in addition to and above the amount of the fine. C. S. M. c. 21, s. 6.

Disposition of penalty.

Costs.

CHAPTER 119.

An Act Respecting the Settlement of Claims made by the Province of Manitoba on the Dominion.

ACCEPTANCE BY PROVINCE OF SETTLEMENT WITH DOMINION

1.

WH

Recital of 48

C.

HEREAS the Parliament of Canada, during the Session Preamble. thereof held in the forty-eighth and forty-ninth years and 49 Vic., of Her Majesty's reign, passed an Act chaptered fifty, and . 50, D. intituled "An Act for the final settlement of the claims made by the Province of Manitoba on the Dominion," wherein it was enacted as follows, that is to say :

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1. All Crown lands in Manitoba which may be shown to Swamp lands. the satisfaction of the Dominion Government to be swamp lands, shall be transferred to the Province, and enure wholly to its benefit and uses.

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2. An allotment of land, not exceeding one hundred and Endowment of University fifty thousand acres, of fair average quality, shall be selected of Manitoba. by the Dominion Government and granted as an endowment to the University of Manitoba, for its maintenance as a University capable of giving proper training in the higher branches of education, and to be held in trust for that purpose upon some basis or scheme to be framed by the University and approved by the Dominion Government.

"3. The sum now payable annually to the Province, under Indemnity in the Act forty-fifth Victoria, chapter five, as an indemnity for lieu of lands. the want of public lands, shall be increased from forty-five thousand dollars to one hundred thousand dollars, such increase to date from the first day of July one thousand eight hundred and eighty-five.

64

allowance.

4. The yearly per capita allowance to the Province of Per capita eighty cents per head, made under the Act thirty-third Victoria, chapter three, on an estimated population of seventeen thousand (increased by forty-fifth Victoria, chapter five, to

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