Said judges to sit in cham (2.) Garnishee applications. (3.) Applications for the granting or discharge of writs of attachment. (4.) Application for leave to appear and defend under the summary procedure upon bills of exchange Act, 1855. (5.) Granting and discharging writs of capias. (6.) Orders for security for costs. 12. For the purpose of acting as aforesaid the county court bers therefor. judge for the central judicial district shall sit in chambers in the court house in the town of Portage la Prairie, and the county court judge for the western judicial district shall sit in chambers in the court house in the city of Brandon. But if at any time the court house cannot be used for such purpose, chambers may be held in any other suitable place. C. J. or Q. B. judge may judge of E. J. D. to sit in chambers. 13. The provisions of the two last preceding sections shall authorize C. C. not apply to the eastern judicial district, but the county court judge of the said district may and shall have the authority to sit in chambers when requested to do so by the chief justice or one of the judges of the court of Queen's Bench, and when so sitting shall possess and exercise all the powers and authorities conferred upon county court judges by the last but one preceding section of this Act. His authority there. C. S. M., cap. 31, sec. 15, amended. 14. Section 15 of chapter 31 of the consolidated statutes of Manitoba is amended as follows: Trinity term shall commence on the first Monday in September and end on the second Trinity term. Saturday following, provided, however, that said court of Queen's Bench may by rule of court made or passed in any term, extend such term for such future time as said court shall deem necessary or advisable having reference to the business before the court. Q. B. may extend It. Judge may adjourn trial. Plaintiff may obtain sum mons for de 15. A judge sitting in open court under section twenty-one of said Act as amended, may adjourn the trial of any cause or the hearing or determination of any matter before him to any other day or days, or from day to day and shall then have the same power with reference thereto as if the same were tried, heard or determined on the day on which the same was first properly before him. 16. When the defendant appears to a writ of summons specially endorsed, the plaintiff may, on an affidavit made by himself or by any other person who can swear positively to the why he should debt or cause of action, and stating that, in his belief, there is judgment. no defence to the action obtain from a judge in chambers, a fendant to show cause not sign final summons calling upon the defendent to show cause why the plaintiff should not be at liberty to sign final judgment for the amount so endorsed together with interest, if any, and costs. make such A judge in chambers may, upon the return of the summons, Judge may unless the defendant, by affidavit or otherwise, satisfies him order. that he has a good defence to the action on the merits, or discloses such facts as may be deemed sufficient to entitle him to defend the action, make an order empowering the plaintiff to sign judgment accordingly. may show cause against 17. The defendant may show cause against such application Defendant by offering to bring into court the sum endorsed on the writ or by affidavit, and in such affidavit he shall state whether the such applidefence he alleges goes to the whole or to part only, and if so, to what part, of the plaintiff's claim. cation. order defend And the judge may, if he thinks fit, order the defendant to Judge may attend and be examined upon oath, and to produce any books ant to be exor documents or copies of or extracts from the saine. amined, etc. have judgment 18. In any case if it appears that the defence set up by the Plaintiff to defendant applies only to part of the plaintiff's claim, or that for part of any part of his claim is admitted to be due, the plaintiff shall claim admitted have judgment forthwith for such part of his claim as the defence does not apply to, or as is admitted to be due, subject to such terms, if any, as to suspending execution or the payment of any amount levied, or any part thereof, into court by the sheriff, the taxation or otherwise as the judge may think may defend as fit, and the defendant may be allowed to defend as to the residue of the plaintiff's claim. Defendant to rest. be entered fendant who 19. If it appears to the judge that any defendant has a Judgment may good defence to the action, or ought to be permitted to defend against dethe action, and that any other defendant has not such defence has not good and ought not be permitted to defend, the former may be per- defence. mitted, and the plaintiff shall be entitled to enter final judg- Such entry not ment against the latter and may issue execution upon such to prejudice judgment without prejudice to his right to proceed with his Plaintiff's action against the former. right. cide terms of 20. Leave to defend may be given unconditionally or sub- Judge to deject to such terms as to giving security or otherwise as the leave to judge may think fit. delend, may be issued 21. Execution may be issued unless otherwise ordered in Execution judgments obtained under the provisions of the five last pre- is eight days ceding sections in eight days after judgment has been signed. ment. after judg shall come 22. This Act shall come into force on the passing thereof When this Act except as to the first three sections thereof which shall come into force. into force only by and upon the proclamation of the Lieutenant-Governor in council. LAW OF REAL PROPERTY AMEND'T. CAP. XXIV. Preamble. C. S. M., cap. 37, sec. 85, sut. An Act to amend Cap. 37 of the Consolidated Statutes of Manitoba, intituled "An Act respecting the Administration of Justice." [Assented to 7th July, 1883.] Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Sub-section 5 of section 85, cap. 37, of the Consolidated sec. 5. repealed Statutes of Manitoba is hereby repealed and the following substituted thereto : and amended. Property exempted. Exception. (5.) Two cows, two oxen, two horses or mules, four sheep, two pigs, twelve fowls and the food for the same for sixty days. Provided, however, that such exemption as to horses shall apply only in case they are used by the owner in earning his living. CAP. XXV. An Act to amend the Law of Real Property. [Assented to 7th July, 1883.] Preamble. Unless other wise specified, persons shall be held by them as tenants in common. Whereas it is advisable to amend the law of real property, in this Province, in respect to the effect of conveyances to two or more persons in certain cases. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, therefore enacts as follows: 1. Whenever, by any letters patent, conveyance, assurance, land granted will, or other instrument, executed after the coming into force to two or more of this Act, land is granted, conveyed or devised to two or more persons, other than executors or trustees, in fee simple or for any estate, legal or equitable, it shall be considered that such persons take as tenants in common and not as joint tenants, unless an intention sufficiently appears on the face of such letters patent, conveyance, assurance, will, or other instrument, that they take as joint tenants. CAP. XXVI. An Act respecting the Limitation of Suits relating to Real [Assented to 7th July, 1883.] Whereas it is expedient to lessen the time for making Preamble. entries and for bringing actions and suits to recover land and rent in certain cases, and also to lessen the time for redemption by mortgagors, and for the recovery of dower and of money charged on land, or on rent secured by express trust, and in respect to other matters, according to the provisions hereinafter contained. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: 1. This Act may be cited as "The Real Property Limitation Short title. Act." of words. 2. The words and expressions hereinafter mentioned, which Interpretation in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act excludes such construction, be interpreted as follows, that is to say: (1.) "Land" shall extend to messuages and all other here- Land. ditaments, whether corporeal or incorporeal, and to money to be laid out in the purchase of land (and to chattels and other personal property transmissible to heirs), and also to any share of the same hereditaments and properties or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and to any possibility, right or title of entry or action, and any other interest capable of being inherited, and whether the same estates, possibilities, rights, titles and interests, or any of them, are in possession, reversion, remainder or contingency; (2.) "Assurance" shall mean any deed or instrument (other Assurance. than a will) by which any land may be conveyed or transferred at law or in equity; (3.) "Rent" shall extend to all annuities and periodical suins Rent. of money charged upon or payable out of any land; and (4.) The words "heir" or "heirs," as respects any real estate Heir or heirs. devised by any testator, dying after the passing of this Act, to the heirs of such testator or of any other person, and where When this Act shall come into force. Action to re rent limited to ten years. no contrary or other intention is signified by the will, shall be construed to mean the person or persons to whom such real estate would descend under the law in force in this Province in case of intestacy. 3. This Act shall commence and take effect on and after the first day of Janaary, in the year of our Lord one thousand eight hundred and eighty five. LAND OR RENT. 4. No person shall make any entry or distress, or bring any cover land or action or suit to recover any land or rent, but within ten years next after the time at which the right to make such entry or distress, or to bring such action or suit, first accrued to some person through whom he claims: or if such right did not accrue to any person through whom he claims, then within ten years next after the time at which the right to make such entry or distress, or to bring such action or suit, first accrued to the person making or bringing the same. Time at which right to re 5. In the construction of this Act, the right to make an cover land or entry or distress, or bring an action to recover any land or rent, shall be deemed to have first accrued at such tiine as hereinafter is mentioned; rent first accrued. Time of dispos session, etc., to time when right first accrued. (1.) Where the person claiming such land or rent, or some be considered person through whom he claims, has, in respect of the estate or interest claimed, been in possession or in the receipt of the profits of such land, or in receipt of such rent, and has, while entitled thereto, been dispossessed, or has discontinued such possession or receipt, then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession, or at the last time at which any such profits or rent were or was so received. Heirs' right first accrued at death of per he inherits. (2.) When the person claiming such land or rent claims the estate or interest of some deceased person who continued in son from whom such possession or receipt, in respect of the same estate or interest, until the time of his death, and was the last person entitled to such estate or interest who was in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death. If right arises otherwise than by will, the time when claimant was (3.) When the person claiming such land or rent claims in respect of an estate or interest in possession, granted, appointed or otherwise assured by any instrument other than a will, entitled there to him or some person through whom he claims, by a person being in respect of the same estate or interest, in possession or receipt of the profits of the land, or in receipt of the rent, and no person entitled under such instrument has been in posses by to possess is time when right first accfued. |