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Auditor to report impro

Treasurer.

88. Every accountant, on the termination of his charge as. such accountant, or, in case of a deceased accountant, his per retention of moneys by representatives, shall forthwith pay over any balances of public any accountmoney, then due to the Crown in respect of such charge, to the ant to the public officer authorized to receive the same; and in all cases in which it shall appear to the Auditor that balances of public money have been improperly and unnecessarily retained by an accountant, he shall report the circumstances of such cases to the Treasurer, who shall take such measures as to him may seem expedient for the recovery, by legal process or by other lawful ways and means, of the amount of such balance or balances, together with interest upon the whole or on such part of such balance or balances for such period of time and at such rate as to the Treasurer may appear just and reasonable. 50 V. c. 20, s. 85.

Legislature.

89. If the Treasurer do not, within the time prescribed by Report to this Act, present to the Legislature any report made by the Auditor on the appropriation accounts or any other accounts, the Auditor shall forthwith present such report. 50 V. c. 20, s. 86.

statement of

90. The Auditor shall cause to be prepared for submission Monthly to the Treasury Board, at the earliest possible moment after revenue and the end of each month, a statement of the revenue and expen- expenditure. diture as shown by his books, on account of the various services up to date named. 50 V. c. 20, s. 87.

RECEIPTS FROM RAILWAY COMPANIES.

panies under

paid to muni

91. The three per cent. of the gross earnings of the railway 3 per cent. of any Company receiving aid under "The Railway Aid Act, way Com1885," and required to be paid into the Treasury as mentioned Railway Aid in the fifteenth section of said Act, may be divided by the Act may be Lieutenant Governor in Council among the municipalities cipalities. within the limits of which may be situated any real estate belonging to the said Company which may be exempted from taxation under sub-section (p.) of the third section of "The Assessment Act." 51 V. c. 29, s. 14.

LAW SOCIETY STAMPS.

from, to be

92. The Treasurer shall continue to keep in a separate Receipts account to the credit of the Law Society of Manitoba all kept in moneys derived from the sale of the stamps known as "Law separate

1977

account.

Interest on same.

Objects of fund.

Accounts to

be presented

Society Stamps" and heretofore unexpended, and shall credit
the said accounts with interest at seven per centum per
annum with half-yearly rests; and such fund shall be subject
to the disposition and control of the Legislature to provide for
the accommodation of the Courts and the establishment of a
Law Library. C. S. M. c. 8, s. 19, part.

93. Accounts in detail of the said last above mentioned to Legislature. fund and of the credits made thereto and of the moneys paid thereat from time to time shall be laid before the Legislature at each session thereof. C. S. M. c. 28, s. 3, part.

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H'

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

SHORT TITLE.

1. This Act may be cited as "The Petty Trespasses Act."

PENALTIES AND PROSECUTIONS.

Short title.

unlawful

2. Any person who unlawfully enters into, comes upon, or Penalty for passes through, or in any way trespasses upon, any land or trespass. premises whatsoever, being wholly enclosed, or upon or through which the person offending has been requested in writing by the owner, tenant or occupier not to enter, come or pass, and being the property of another person, shall be liable to a penalty of not less than one dollar nor more than ten dollars for any such offence, irrespective of any damage having or not having been occasioned thereby; and such penalty may be Recovery of recovered with costs, in every case of conviction before any one justice of the peace, who shall decide the matter in a summary way, and award costs in case of conviction, which may be had either on view, or on confession of the party complained against, or on the oath of one credible witness. But nothing herein contained shall extend to any case where the Proviso. party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of or to any case

penalty.

R. S. C. c. 168. within the meaning of the fifty-ninth Section of the Act of the Parliament of Canada respecting Malicious Injuries to Property as amended. 53 V. c. 20, s. 1: 54 V. c. 1, s. 5.

Trespasser may be

out warrant.

3. Any person found committing such trespass as aforearrested with said may be apprehended without a warrant by any peace officer, or by the owner of the property on which it is committed, or his servant, or any person authorized by him, and be forthwith taken to the nearest justice of the peace, to be dealt with according to law. 53 V. c. 20, s. 2.

Summary

Convictions

R. S. C., c. 178.

4. Except as herein otherwise provided, all proceedings Act to apply under this Act shall be subject to and in accordance with the provisions of the act of the Parliament of Canada known as "The Summary Convictions Act," which shall apply to cases arising under this Act. 53 V. c. 20, s. 3.

Act not to affect any case to land.

5. Nothing in this Act contained shall authorize any involving title justice of the peace to hear and determine any case of trespass in which the title to land, or any interest therein or accruing thereupon, shall be called in question or affected in any manner howsoever; but every such case of trespass shall be dealt with according to law, in the same manner in all respects as if this Act had not been passed. 53 V. c. 20, s. 4.

1

CHAPTER 146.

An Act Respecting Trustees, Executors, Administrators and other Persons occupying Fiduciary Positions.

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