to believe in having reason vant or agent in making the affidavit mentioned therein, to debtedness of state that he has reason to believe that the same third person third person to or corporation is indebted or liable to the defendant (naming defendant. such person or corporation), in case the said defendant shall not be personally aware as a fact of such indebtedness. Cap. 7, sec. 94, repealed. Cap. 39, sec. 16, amended as to consent of infant. Cap. 55, sec. 1, sub-secs. 1 and 4 amended, 13. Section 94 of said chapter 7 is repealed. 14. Section 16 of chapter 39 of said Consolidated Statutes is amended by making the time when the consent of an infant must be had, as therein mentioned, to commence at fourteen instead of at seven years of age. 15. Chapter 55 of said Consolidated Statutes is amended by striking out the word "parliamentary" and all of the clause after the word "franchise in sub-section one of section one of said chapter, and by adding as sub-section four of said subsection one the following: (4) "Provided that nothing in this Said cap. only Act shall be construed as intended to interfere with the force or effect of any Act or provision of the Dominion Parliament now or hereafter to be passed in reference to aliens, except in so far as the authority of the Province extends in relation to its jurisdiction over property and civil rights.' to operate within legal authority of Manitoba. Cap. 9, sec. 92, cap. 37, sec. 98, repealed. 44 Vic. [third session], cap. to injuring guide-posts. 16. Section 92 of chapter 9, and section 98 of chapter 37 of said Consolidated Statutes are hereby repealed. 17. Chapter 7 of 44 Victoria, third session, entitled-" An 7, amended as Act to protect guide-posts along certain roads in this Province" is amended by substituting the following as the provision thereof: "1. Any person wilfully mutilating, cutting, or in any way injuring or destroying any guide-posts planted along or beside any road in this Province, shall be liable to be proceeded against under the provisions of the Act respecting malicious injuries to property." 44 Vic. [third session], cap. 33, sec. 3, amended. 44 Vic. [third session], cap. 3, amended. 18. The following clause shall be substituted for and read as section 3 of the Act of last mentioned session 44 Victoria, chapter 16, respecting the equity side of the Queen's Bench, namely: "The Court of Queen's Bench may, within its authority, and the authority of this legislature, to enact, make and publish general orders for the following purposes." 19. Sections 2 and 3 of chapter 33 of said third session of 33, secs. 2 and 44 Victoria, entitled "An Act to Incorporate the Southern Manitoba Loan Company" are amended by commencing res pectively as follows: "Subject to any law of the Parliament of Canada," 45 Vic., cap. 21. as to words 20. In section 1 of 45 Victoria, chapter 21, " cap. 3" as sec. 1 amended therein printed should be "cap. 13," and shall be read as if it had been so written or printed in said clause at the time of the passing thereof. 64 сар. 3." CAP. L. An Act to amend and consolidate the Act respecting the Association of Provincial Land Surveyors. [Assented to 7th July, 1883.] Her Majesty, by and with the advice and consent of the Preamble. Legislative Assembly of Manitoba, enacts as follows: ASSOCIATION. 1. This Act shall be known and cited veyors' Act, 1883." as "The Land Sur- Short title. 2. This Act shall take effect from and after the passing when Act thereof. shall take effect. P. L. S. 3. All persons holding commissions as surveyors under the Who shall be provisions of the Dominion Lands Acts previous to the passing. of the Land Surveyors' Act of 1881, and all persons who have become provincial land surveyors under the said Act of 1881, and all persons regularly admitted as hereinafter provided shall form the Association of Provincial Land Surveyors. be a corporate 4. The association is hereby incorporated under the name Association to and style of the Association of Provincial Land Surveyors, body. and the said association shall be deemed to be a body politic and corporate, and the officers of the said association shall consist of an honorary president, a president, vice-president, secretary-treasurer, and an executive committee of four mem bers. 5. No person shall be entitled to a vote as an elector at any who may vote election unless all his fees to the association have been paid. All elections under this Act shall be by ballot. as elector. Ballot. declare result 6. Upon the completion of the scrutiny, the secretary shall Secretary to forthwith declare the result of any election and shall cause of election and publish same the names to be published in the Manitoba Gazette within one in Gazette. month from the date of such election. committee to 7. The executive committee with the approval of the associ- Executive ation may from time to time make by-laws for the further make by-laws, general government of the association not inconsistent with the provisions of this Act and all matters relating to the discipline and honor of the profession. Fees and penalties. Annual fee of P. L. S. Student not to graduate until he has served three years, etc. 8. All fees received and all penalties imposed and recoverable under this Act shall belong to and be the property of the association. 9. Every provincial land surveyor shall pay to the treasurer or any person deputed by him to receive the same such annual fee, not less than five dollars nor more than ten dollars, as may be determined by the association, towards the yearly expenses of the association, which annual fee shall be payable on or before the third Wednesday in January in each year. (a.) No pupil shall be entitled to be examined as a provincial land surveyor unless he shall have personally served regularly and faithfully for and during the period of three years, under articles in writing, according to form "A" of this Act, duly executed before two witnesses, as pupil to a provincial land surveyor, nor unless he shall produce a certificate from such surveyor of his having so served during the said period and shall also produce satisfactory testimony as to his character for probity and sobriety. Life members. Any members of the association who may have retired from the actual practice of the profession may become a life member of the association on payment of fifty dollars. Election of officers. Notice of meetings. Re-election. OFFICERS. 10. The first election of officers under this Act shall be held on the third Wednesday in the month of January next, after the passing of this Act and the subsequent elections shall be held on the third Wednesday in the month of April of every year thereafter, and such elections shall be by ballot, and the persons so elected shall have at least a majority of the votes cast at such election, provided, however, that the following persons shall be the officers up to the third Wednesday in January next or until others are elected in their places, as provided for in this Act, that is to say 11. The secretary shall give notice of all general or annual meetings for the election of officers or other general business of the association, at least two weeks previous in two newspapers published in the city of Winnipeg, and shall also mail a copy of such notice to each member of the association and shall state in such notice the conditions contained in clause V. of the Act. 12. At all elections retiring officers of the association shall be eligible for re-election. President may 13. In the event of there being no secretary for the time tary pro tem. being at the time at which any election under this Act is to be appoint secre held, or in the event of such secretary being unable from illness or other unavoidable cause to act at such elections, then, and in such case, the president for the time being shall appoint under his hand some other person who shall be a member of the association to act as secretary, and such person so appointed shall perform all the duties of such secretary as prescribed by this Act. 14. The officers shall take office forthwith on election and Term of office. shall hold office for the term of one year or until their successors be elected. In the event of death or removal from office for any cause of any officer or member of the committee, the remaining members shall have power to appoint a substitute for the residue of their time. continuance (a.) In the case of any member of the committee after hav- Penalty for ing been duly notified, absenting himself from at least three absence from successive meetings of the committee, the committee shall have committee. the power to remove such member and appoint a substitute for the remainder of his term. tain cases. 15. In case of the failure in any instance to elect the requis- Vacancies in ite number of officers of the association according to the pro- filled in cervisions of this Act, or in case of any vacancy caused by the death or resignation of any officer, or by any other cause, then it shall be the duty of the remaining officers with all convenient speed, at a meeting to be specially called for the purpose, to supply the deficiency in the number of officers failed to be elected as aforesaid, or caused by any other means aforesaid, by appointing to such vacant place or places as the same may occur, any person or persons duly qualified under the provisions of this Act to be elected as officer or officers, and the person or persons so elected shall hold office for the residue of the period for which the other officers shall have been elected. of gross duty may be Proviso. 16. It shall be lawful for the executive committee to P. L. S. guilt suspend or dismiss from the practice of his profession, any land negligence or surveyor whom they shall find guilty of gross negligence or corruption in corruption in the execution of the duties of his office, provided suspended,etc. nevertheless that the executive committee shall not suspend or dismiss such land surveyor without having previously summoned him to appear before a judge of any of the courts in order to be heard in his own defence, nor without having heard the evidence which shall have been offered either in support of the complaint or in behalf of the surveyor inculpated, and such surveyor, notwithstanding, shall have the privilege of an appeal to the association at its next annual meeting. SURVEYS AND SURVEYORS. Graduates to serve only one 17. Any person who shall have followed a regular course of study in all the branches of education required by this Act for year under P. L. S. Surveyors from G. B. & I. to serve only one year admission as a provincial land surveyor, through the regular sessions for at least two years in any college or university where there may be organized a complete course of such instructions, and who has thereupon received from such college or university a certificate, diploma or degree, vouching therefor, shall not be obliged to serve three years provided for in this Act, but shall be entitled to examination after one year's service under articles to a provincial land surveyor. (a.) Duly licensed surveyors from Great Britain or Ireland shall be admitted as provincial land surveyors for Manitoba under P. L. S. upon producing evidence to the satisfaction of the board of examiners of their having served at least three years with a surveyor in Great Britain or Ireland, and after serving one year under articles to a provincial land surveyor for Manitoba, and passing the full examination prescribed by this Act. Persons have completed articles of 3 years' service examination may pass for P. L. S. D. L. S. since 1878 may without examination. (b.) Any person who may have served the full term of three years under articles to a Dominion land surveyor prior to the first day of May, 1875, shall, upon production of his release from the said articles accompanied by a copy of the articles under which he served, be entitled to a commission as a provincial land surveyor, after having passed the final examination for provincial land surveyor as prescribed by this Act. (c.) Any person who, subsequently to the date of 1st Ocobtain P. L. s. tober, 1878, has been duly qualified by certificate, diploma or commission to survey lands in any Province of the Dominion in which, in order to be so qualified a course of study, including the subjects prescribed by section 21 of this Act, is required by the law of such Province, shall be entitled to obtain, without being subjected to any examination other than as regards to system of survey of lands, as embodied in the Dominion Lands Act and the law regarding the registration of plans in this Province, to a commission as a provincial land surveyor for the Province of Manitoba. Proviso as to requirements for D. L. S. Proviso as to Provided that it shall rest with the board of examiners to decide whether the qualification required by a surveyor of Crown lands in such Province are sufficiently similar to those set forth in the said section 21 of this Act, to entitle him, under the foregoing provisions, to such commission. And proreciprocating. vided further, that it must be shown that such Province has reciprocated the privilege hereby granted by granting to provincial land surveyors of this Province, on their application and without subjecting them to an examination, except as regards a knowledge of the survey laws of such Province, diplomas, certificates or commissions, as the case may be, as surveyors of lands within such Province. Person not a P. L. S. or who 18. It shall not be lawful for any person not admitted as a has not paid provincial land surveyor, or who, having been admitted as |