including the affidavits or other proof accom- 9. For the registration of any original map or plan And for each additional lot on such map or plan, in addition, five cents,... 10. For the registration of any map or plan amending any original map or plan of any town or village, when the number of lots on such amending map or plan does not exceed fifty, including all necessary entries connected therewith, five dollars,. And for each additional lot on such amending map or plan, in addition, two cents, 11. For the registration of any map or plan, other than above mentioned, of any subdivision of lot or lots, parcel or parcels on any original map or plan, or amending map or plan, where the number of lots on such map or plan of subdivision does not exceed ten, including all necessary entries connected therewith, two dollars 50 10 00 05 5 00 02 2.00 And for each additional lot, in addition, five cents. 05 12. For drawing each affidavit and swearing the deponent to such affidavit, fifty cents Or for swearing only, twenty-five cents 13. For every abstract of title to any specific parcel But when such abstract exceeds in length one Provided, however, that in case any section of land, or half or quarter section, or portion or portions 50 25 person, the Registrar shall charge for but one 14. For copies of instruments, when required, for each 15. For searching the registry books and indices (other than the alphabetical index) relating to the title of any lot of land as originally patented by the Crown, or as afterwards shown by any registered plan thereof, when not exceeding four references, twenty-five cents.... And for each additional four references or fraction thereof, twenty-five cents. But in no case shall a general search into the title to any particular lot, piece or parcel of land exceed the sum of two dollars 16. For searching the alphabetical index of names of grantors and grantees, for each name in respect of which such search is made, twenty-five cents. 17. For exhibiting in the office each original registered instrument, matter or proceeding, including search for the same, twenty cents 18. For each certificate furnished by the Registrar, not included above, twenty-five cents... C. S. M. c. 60, s. 46, part; 44 V. c. 11, ss. 67-69; 45 V. c. 13, s. 8; 46 and 47 V. c. 6, ss. 14, 15, 19, part; 46 and 47 V. c. 32, s. 7, part; 49 V. c. 22, ss. 1, 3, parts; 51 V. c. 12, s. 4; 54 V. c. 7, ss.21, 49, parts. H ER MAJESTY, by and with the advice and consent of SHORT TITLE. 1. This Act may be cited as "The Replevin Act." APPLICATION OF ACT. Short title. Act. 2. This Act relates solely to actions of replevin in Her Application of Majesty's Court of Queen's Bench for Manitoba. WHEN REPLEVIN LIES. When goods may be replevied. Goods'seized in execution not to be replevied. 3. When goods, chattels, bonds, debentures, promissory notes, bills of exchange, books of account, papers, writings, valuable securities or other personal property or effects have been wrongfully distrained under circumstances in which, by the law of England as it existed on the fifteenth day of July in the year one thousand eight hundred and seventy, replevin might be made, the person so complaining of such distress as unlawful may obtain a writ of replevin in the manner prescribed in this Act; or in case goods, chattels, property or effects aforesaid have been otherwise wrongfully taken or detained, the owner or other person or corporation capable at the time this Act takes effect of maintaining an action of trespass or trover for personal property may bring an action of replevin for the recovery thereof and for the recovery of the damages sustained by reason of such unlawful taking or detention, or of such unlawful detention, in like manner as actions are brought and maintained by persons complaining of unlawful distress. 48 V. c. 17, s. 3. 4. The provisions herein contained shall not authorize the replevying of, or the taking out of the custody of a sheriff or other officer of the Court of Queen's Bench or a County Court, any property seized by him under process issued out of either of those Courts. 48 V. c. 17, s. 4. AFFIDAVIT FOR WRIT. Proceedings before writ to property, value, the person claim 5. Before any writ of replevin shall issue, the person claimissue, affidavit ing the property, his servant or agent, shall make an affidavit to be made. which shall be entitled and filed in the Court out of which the Description of writ is to issue, containing: A description, or as near as can be done, an inventory of the property, and the value thereof, to the best of deponent's belief, and stating that the person claiming the property is the owner thereof and that it is wrongfully detained from him, or that he is lawfully entitled to the Description or possession thereof, and the description or particulars of the property and the value thereof shall be stated in the writ 48 V. c. 17, s. 6, part. ing as owner or lawfully entitled to possession. value of land to be stated in writ. If property taken as a distress for rent or 6. If replevin be sought in the case of property taken as a distress for rent or damage feasant, the affidavit shall state, in addition to what is required by the last preceding section, that the property was distrained and taken under color of a distress state in addi- for rent or damage feasant, as the case may be. 48 V. c. 17, damage feasant, then affidavit to tion, &c. s. 6, s-s. 2. fraudulently what affidavit 7. If replevin be sought in a case where the property was If wrongfully wrongfully taken out of the possession of the claimant or taken, then was fraudulently got out of his possession, the affidavit shall is to contain. state, in addition to what is required by the fifth section of this Act, the time at which (which must be within two calendar months), and the wrongful or fraudulent way or manner in which, the property was taken or got out of his possession, and such facts and circumstances as show that the claimant is entitled to the possession of the property, and that an action of trespass would not be a complete or safe remedy. 48 V. c. 17, s. 6, s-s. 3. WRIT AND SERVICE. tested-When 8. The writ shall be tested in the same manner as other Writ, how writs and be returnable on the eighth day after the day of returnable. service thereof, and may be in the form in Schedule A to this Act. 48 V. c. 17, s. 7. 9. A copy of the writ shall be served on the defendant How served. personally, if he can be found, otherwise by leaving a copy at his usual or last place of abode with his wife or some other grown-up person, being a member of his household or an inmate of the place or house wherein the defendant usually resides or resided or made or makes his home as aforesaid. 48 V. c. 17. s. 8. serve writ 10. The sheriff or other officer shall not serve a copy of Sheriff not to the writ until he has replevied the property, or some part of until he has it if he cannot replevy the whole in consequence of the replevied. defendant having eloigned the same out of his bailiwick or because the same is not in the possession of the defendant or of any one for him. 48 V. c. 17, s. 9. SECURITY. bond before 11. Before the sheriff or other officer shall be obliged to Sheriff to take execute the writ, he shall, before he delivers the property to replevying the plaintiff, take a bond to himself in double the value of goods. the property to be replevied, as stated in the writ, except otherwise ordered by a Judge of the Court, which bond shall be assignable to the defendant; and the bond and assignment thereof may be respectively in the forms in Schedule B and C Form of bond to this Act, the condition being varied to correspond with the ments. writ; and the bond shall contain a stipulation that if the plaintiff fail in his action, he shall pay the defendant such damages as he shall sustain by reason of the issuing of the writ. 48 V. c. 17, s. 10. and assign |