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Form of plans.

numbered sixty-five of "The Real Property Act" for the registration of any plan sub-dividing land, except that the same need not be signed by any owner. 53 V. c. 49, s. 1.

3. The said special survey or plan shall show the street, lane, block and other boundaries, if on the principle of a block outline survey, and, if otherwise, the streets, lanes, blocks and lots, with the same names and numbers or letters, as nearly as may be, as are shown on the old and former sub-division plan or plans; and when the same or any portion or portions thereof is or are finished, the same or such finished portion or portions may be filed with the Provincial Secretary, to be laid before the Licut. Gov. in Lieutenant Governor in Council for his approval. 53 V. c. 49, s. 2.

Subject to

approval by

Council.

Notice of

submission of

plans or sur

Gov. to be

given in

Manitoba

Gazette.

PROCEEDINGS FOR CONFIRMATION.

4. Upon every submission of any special survey or plan, or any finished portion or portions thereof, for the approval of vey to Lieut. the Lieutenant Governor in Council, as provided in this Act, the Attorney General may cause to be published in the Manitoba Gazette, free of any charge for advertising the same, for three successive weeks, a notice setting forth concisely that such special survey or plan has been submitted for approval, the object of such special survey or plan and the hour, day and place fixed for hearing any complaints that may be made against such special survey or plan by any party interested in the property thereby affected. 53 V. c. 49, s. 3.

Complaints against survey of plans.

Complaints to
be heard by
Attorney
General.

Appeal to
Court of
Queen's

Bench.

5. Any person wishing to complain against the said special survey or plan shall deliver, or cause to be delivered by mail or otherwise, within the time mentioned in the next preceding section, to the said Attorney General, a written statement embodying the nature of his complaint, which complaint shall be decided by the Attorney General or some person appointed by him for that purpose. 53 V. c. 49, s. 4.

6. At the time fixed for hearing any such complaints, the Attorney General or such person shall not be bound to decide whether, at law or in equity, any easements or rights exist: but, notwithstanding any such right or easement existing, shall be empowered to decide the same as he shall deem just and equitable under all the circumstances, subject to an appeal to the Court of Queen's Bench, which Court shall decide the matter brought before it in appeal as it shall deem just and equitable under all the circumstances, notwithstanding the existence of any casement or right; and the Court of Queen's Bench may, on such appeal, award such costs and compensation to any complainant as the said Court shall deem proper, 53 V. c. 49, s. 5.

Order in

survey or plan

7. The Lieutenant Governor in Council shall have power, Council and he is hereby empowered, to declare any special survey or approving plan so submitted for his approval to be the true and correct survey or plan of the land thereby affected, and that such special survey or plan shall be substituted for any and all former surveys or plans that may have heretofore been made and registered, and to declare that any boundaries or lines fixed by such special survey or plan are the true boundaries or lines, whether of roads, streets, rivers, creeks or lanes, or between adjoining owners or between lots, and whether such lines are in fact the true lines or not; and upon such Order in Registration Council being passed, the same, together with such special of Order in survey or plan, may be registered in the proper Registry Office or Land Titles Office, and all necessary entries shall be made without the payment of any fees. 53 V. c. 49, s. 6.

Council.

registration of

Council

8. Upon every such registration, the said special survey or Effect of plan shall become the official plan of that portion of the city, Order in town or village thereby affected, and all owners, corporations approving and persons shall be bound by such plan as fully as if it had survey or been the original plan of that portion thereby affected. 53 V. c. 49, s. 7.

BOUNDARY OF OSBORNE STREET, WINNIPEG.

plan.

boundary of

Parish of

9. It is hereby declared that the westerly boundary of that Easterly portion of Osborne street lying south of the River Assiniboine lot 42, D. G. S. in the City of Winnipeg, as now located, is the most easterly St. Boniface. boundary of Lot number forty-two according to the Dominion Government survey of the Parish of St. Boniface. 53 V. c. 2, s. 51.

CHAPTER 143.

An Act Respecting Summary Proceedings before Police
Magistrates and Justices of the Peace.

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HE

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

SHORT TITLE.

Short title.

Application

of Dominion Act.

Appeals.

1. This Act may be cited as "The Manitoba Summary Convictions Act."

2. All the provisions of the Act of the Parliament of Canada, known as "The Summary Convictions Act", and the Acts already passed or which may be hereafter passed amending the same, shall apply to all prosecutions and proceedings before police magistrates or justices of the peace under the Statutes of the Province of Manitoba, so far as the same are consistent with such Statutes. 54 V. c. 12, s. 1.

3. Except where otherwise specially provided, all appeals from convictions or orders of police magistrates or justices of the peace shall be brought under the provisions of the said "The Summary Convictions Act":

Provided, however, that all such appeals commenced before the eighteenth day of April in the year one thousand eight hundred and ninety-one shall be subject to the law and practice then previously existing. 54 V. c. 12, s. 2.

certiorari or to

victions.

4. No summons or motion for a writ of certiorari in con- Security in case of applinection with a conviction or order made by a justice of the cations for peace or police magistrate under a statute of this Province, or quash con summons or motion to quash any such conviction or order, shall be granted or entertained, unless the person applying for such summons or on such motion is shown to have entered into a recognizance, with one or more sufficient sureties, before a justice of the peace, police magistrate or County Court Judge, or to have made personally or by an agent or attorney a deposit with the convicting justice or justices or one of them, or police magistrate. Said recognizance or deposit shall be to the satisfaction of the convicting justice or magistrate or one of them, or of the County Court Judge for the District or Division in which the conviction was made, or of a Judge of the Court of Queen's Bench. The condition of such recognizance or deposit shall be that he will prosecute such writ of certiorari or summons or motion at his own cost and charges with effect without any wilful or affected delay, and, if ordered so to do, will pay the person in whose favor the conviction order or return is affirmed his full costs and charges, to be taxed according to the course of the Court of Queen's Bench. 53 V. c. 2, s. 40.

CHAPTER 144.

An Act Respecting the Treasury Department and the Auditing of the Public Accounts.

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s. 10.

Evidence of orders and regulations,

Presumption as to officer acting, s. 11.

Acts required to be done at particu-
lar place, s. 12.

TREASURER AND TREASURY DEPARTMENT
Other members of Executive, s. 21.
Appointment of other officers, s. 22.
Mode of keeping accounts, s. 23.
Decimal system, s. 24.

Use of dollars and cents, s. 25.
Fiscal year, s. 26.

Statement of public accounts, s. 27.
Time of rendering accounts, s. 28.
Estimates-Appropriations, s. 29.
What to contain, s. 30.

Control of officers, s. 16.

Payment of revenue, s. 17.
Revenue in arrear, s. 18.

Accounting by officers, s. 19.
Dealing with moneys received, s. 20.

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Investments, s. 31.
Municipal debentures, s. 32.
Temporary loans, s. 33.
Expenditure by cheque,

S. 34.

Accounts of institutions sustained at

public expense, s. 35.
Their annual report, s. 36.

Returns by municipalities, s. 37.
To whom to be made, s. 38.

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LIABILITY OF REVENUE OFFICERS AS PUBLIC ACCOUNTANTS.....SS, 49-58

Refusal to transmit accounts, &c.,
S. 49.

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