forward same to Minister. 44. Whenever any arbitrator shall have concluded Arbitrator any on concluding such arbitration by the publication of his award thereon, he award shall shall forthwith cause to be transmitted to the Minister such award, together with all depositions, documents, maps, plans, books, accounts, contracts and writings, not being private property, taken by or submitted to such arbitrator, in the course of such arbitration. And the Minister shall file the same as public records of the Department. 48 V. c. 6, s. 44; 51 V. c. 29, s. 22. WHAT CASES MAY BE REFERRED TO ARBITRATION. 45. If any person has any claim not within "The Expro- What cases. priation Act," arising out of or connected with the execution or non-execution of any such public work, or arising out of or connected with the fulfilment, or on account of deductions made for the non-execution or non-fulfilment, of any contract in respect of any such public work made and entered into with the Minister either in the name of Her Majesty or in any other manner whatsoever, such person may give notice in writing of such claim to the Minister, stating the particulars thereof and how the same has arisen; and thereupon the Minister may, at any time within thirty days after such notice, tender what he considers a just satisfaction for the same, with notice that, unless the sum so tendered be accepted in ten days after such tender, the said claim will be subinitted to arbitration. 48 V. c. 6, s. 45. 46. Before any claim under this Act shall be arbitrated Claimant to give security upon, the claimant shall give security to the satisfaction of the for costs. arbitrators or any one of them, for the payment of the costs and expenses incurred by the arbitration, in the event of such claimant being awarded to pay such costs. 48 V. c. 6, s. 46. where con Minister is to 47. No arbitration shall be allowed in any case where, No arbitration by the terms of the contract therein, it is provided that the tract says determination of any matters of difference arising out of or decide. connected with the same shall be made by the Minister. 48 V. c. 6, s. 47. file claim 48. No claim of any kind for compensation in respect of Claimant must any contract made, or for any loss or damage occasioned by within six anything done, under this Act, by or under the authority of months after the Department or the Minister, shall be submitted to or estimate. entertained by any arbitrator, unless such claim and the particulars thereof have been filed with the Minister within six months next after the loss or injury complained of, or after the date of the final estimate made under such contract. 48 V. c. 6, s. 48; 51 V. c. 29, s. 22. POWERS OF ARBITRATORS AND PROCEEDINGS BY OR BEFORE THEM. Arbitrators may summon and require documents. 49. The arbitrators may, by summons or order in writing, any witness signed by any one of them, to be served upon or left at the production of last usual place of residence of the person to whom it is addressed, command the attendance from any part of the Province of any witness, or the production of any documents required by any of the parties, and may swear the said witness to testify truly respecting the matter on which he is to be interrogated; and the disobedience of such summons or order shall subject the person disobeying to a penalty not less than five dollars nor more than twenty-five dollars, to be recovered before any justice of the peace and levied under the warrant of such justice by distress and sale of the goods and chattels of the offender, unless such person establishes reasonable cause for such disobedience. 48 V. c. 6, s. 49. Penalty for disobedience. No witness compelled to that Queen's not compel. 50. But no person shall be compelled to give any evidence give evidence or to produce any document which he would not be compelled Bench would to give or produce at a trial in any superior Court of the Province, or to attend as a witness more than three consecutive days; and every witness shall be allowed, in addition to his reasonable travelling expenses, a sum not exceeding that usually allowed to witnesses in suits in the Court of Queen's Bench, at the discretion of the arbitrators, such remuneration to be paid by the party requiring his attendance. 48 V. c. 6, s. 50. Travelling expenses. Arbitration to decide in accordance tions of contract. 51. In awarding upon any claim arising out of any contract in writing, the arbitrators shall decide in accordance with stipula with the stipulations in such contract, and shall not award compensation to any claimant on the ground that he expended a larger sum of money in performance of his contract than the amount stipulated therein; nor shall they award interest on any sum of money which they consider to be due to such claimant, in the absence of any contract in writing stipulating for payment of such interest; and any clause in any such contract in which a drawback or penalty is stipulated for the non-performance of any condition thereof, or any neglect to complete any public work or to fulfil any covenant or promise in such contract, shall not be construed as in the nature of penalty, but as importing an assessment, by mutual consent, of the damages caused by such non-performance or neglect. 48 V. c. 6, s. 53. Evidence to be taken in writing. 52. In the investigation of any claim, the arbitrators shall cause all legal evidence offered on either side to be taken down and recorded in writing, and shall make and keep a list of all plans, receipts, vouchers, documents and other papers . which may be produced before them during such investigation but they may, with the consent in writing of the Exception. Minister and of the opposite party, take the testimony of the witnesses adduced on either side orally, and in such case need not reduce it to writing. 48 V. c. 6, s. 54. 53. If the sum awarded in any case be greater than the Costs. sum tendered, the Minister on behalf of the Province shall pay the costs of the arbitration; but if less, the costs shall be paid by the person who refused the tender: and such costs shall, in the cases where the award is in favor of the claimant, be paid by the Minister on behalf of the Province, in addition to the sum awarded, and shall, where the award is in favor of the Minister, be paid by the claimant, and shall, in all cases, be taxed by the proper taxing officer of the Court of Queen's Bench. 48 V. c. 6, s. 55. AID TO MUNICIPALITIES. cipality for not to exceed municipality. 54. In order to aid municipalities in Manitoba in under- Aid to munitaking public works, such as the construction, inaintenance, public work repair and improvement of court houses and gaols and amount contri registry offices and roads and bridges, within their respective buted by such limits, the Lieutenant Governor in Council may direct that, out of the legislative appropriation made every year for roads and bridges and public buildings, there shall be paid to the treasurer of any municipality an amount to be in no case more than what is contributed by the municipality towards the same object. 48 V. c. 6, s. 56. aid be given to make return to Minister. 55. Before any such sum of money is paid as aforesaid, it Before such shall be the duty of the municipality, through the clerk, to municipality transmit to the Minister of Public Works, to be laid before the Lieutenant Governor in Council, a complete and detailed return of all moneys collected and arrears of taxes due in such municipality for the year, of all moneys expended during the same time for municipal purposes and the rate of taxation for the year, with a full statement of the nature, estimated cost What it shall and plan of the works undertaken or to be undertaken in such municipality, and all the by-laws relating thereto. 48 V. c. 6, s. 57. contain. precedent to aid. 56. No municipality shall be entitled to Government aid Conditions as aforesaid, unless it be proved to the satisfaction of the Lieu- receiving such tenant Governor in Council, by the return mentioned in the preceding clause, that a fair sum has been levied on the assessed property of the municipality, that the same has been paid and deposited, or will be paid and deposited, to the credit of such municipality, in a chartered bank; and that 43 - A Lieut. Governor may refer the plan, site, nature and estimated cost of the public works to be maintained or undertaken are for the general prosperity of such municipality. 48 V. c. 6, s. 58. 57. It shall be lawful for the Lieutenant Governor in back by-law to Council to refer back for re-consideration to any municipal municipality council any by-law respecting the erection or maintenance of public works in the said municipality when changes in the said by-law shall be deemed necessary. 48 V. c. 6, s. 59. Every municipality to make annual return to Minister. 58. It shall be the duty of the clerk of each municipality, on the thirty-first day of December of each year, to transmit to the Minister of Public Works, to be laid before the Lieutenant Governor in Council, a complete return of all moneys received by such municipality from the Provincial Government and from all other sources, the amount expended, the nature, state, location and cost of the works undertaken by What it shall the municipality, distinguishing those on which Government aid was expended from those which were entirely constructed or performed by the municipality, with the balance on hand as deposited in a chartered bank within the Province; each statement shall be on the form provided by the Department and shall be certified by the reeve and signed by the clerk of the municipality. 48 V. c. 6, s. 60. contain. Annual state ment by each 59. The clerk of every municipality shall, on or before the municipality first day of December in each year, render to the Minister of Public Works a written statement showing as to statute labor. What it shall contain. (a.) Number of days of statute labor assessed in the municipality; (b.) Number of days performed; (c.) Number of days commuted ; (d.) Number of days not performed: (e.) Amount actually received for commutation : (f.) Amount of commutation money outstanding: (g) How the commutation money was spent. 48 V. c. 6, S. 61. CHAPTER 129. An Act Respecting the Suitors' Fund Account of the SHORT TITLE. INTERPRETATION OF EXPRESSIONS "Court," s-s. (a.) "Judge," s-s. (b.) COURT FUNDS.... Moneys in Court to be paid to Prov. Also moneys hereafter paid in, s. 4. INFANTS MONEYS INVESTED. If uncollectable, may be paid out of Payment to half-breed minors upon MORTGAGES AND SECURITIES Those on which advances made W HEREAS it is expedient to make provision for the Preamble investment of the moneys now in Court and that may hereafter be paid into Court; And whereas it is expedient that all moneys now in Court, or that hereafter may or shall be paid into Court, shall be paid over to the Provincial Treasurer and interest be allowed to the suitors at the rate of four per centum per annum, upon the moneys belonging to them whilst in the custody of the Treasurer, but without depriving suitors of the right to |