All animals or birds, or portion of animals or birds so confiscated shall belong to the guardian; Provided Proviso. always that the above section shall not operate whenever it shall be established to the satisfaction of the guardian that any animal, bird, or portion of animals or birds so found in the possession of any person. has been killed in the open season or sent from any place outside of the Province. shall have in sion. XII. No person, except as herein before mentioned, No person shall have in his possession, custody or care, any ani- his possesmal or bird already mentioned, or any part of such animal or bird, with the exception of the skin, during the period in which by the Act the killing thereof is prohibited, or which appears to have been taken or killed by any of the means forbidden by this Act; but every such animal or bird, or any portion or portions thereof, may be bought or sold, (when lawfully taken.) may open XIII. Every such guardian may cause to be opened Guardian or may himself open in case of refusal, any bag, par- bag, box, etc. cel, chest, box, trunk or other receptacle, in which he has reason to believe that game killed or taken during the close season, or peltries out of season, are hidden. offences. XIV. Every offence against any of the provisions of Penalty for this Act shall be punishable by a fine not exceeding fifty dollars and not less than five, and recoverable summarily on information or on summons only issued by a justice of the peace or stipendiary magistrate. sed. Such justice of the peace or stipendiary magistrate, How impoon the proof which shall be thereof made, may impose the penalty with costs, and such penalty shall belong to the informer. ment in In default of immediate payment, the offender shall Imprisonbe imprisoned in the common gaol of the district with- default. in the limits of which the offence was committed for any period of time not exceeding three months. Every magistrate shall have power to convict on v view. May convict on view. may be XV. Suits brought in virtue of this Act need not be How suits begun by deposition or information on oath of the brought. plaintiff or complainant, provided always that the purport of the complaint or demand is sufficiently set forth in the writ in a declaration annexed thereto. The Evidence. Appeal. Prosecution. Attorney grant certain The evidence of the complainant alone, or of any one witness, shall be sufficient to support a conviction. XVI. No proceeding under this Act shall be quashed, annulled or set aside by certiorari; but an appeal may be brought before the Court of Queen's Bench. XVII. No prosecution shall be brought after six calendar months from the day of the committing of the offence charged. XVIII. The Attorney-General or any person by him General may thereunto empowered, may grant written permissions permission. to all persons, desirous bona fide of procuring birds, eggs, or fur-bearing animals, for scientific purposes, during the close season; and the person who shall have obtained such permission shall not be liable to any penalty imposed by this Act, provided that he produce, within two months next after the period in which he shall have hunted under such permission, a statement under oath specifying the kind and quantity of game or fur-bearing animals, taken by him for such scientific objects. Privileges of travellers. Act not to dians. XIX. Notwithstanding anything in this Act contained it shall be lawful for any traveller, family, or other person in a state of actual want, to kill any bird or animal mentioned in this Act and to take any egg or eggs herein before referred to, for the purpose of satisfying his immediate want but not otherwise. XX. This Act shall not apply to Indians within apply to In- limits or their reserves with regard to any game actually killed at any period of the year for their own use only, and not for purposes of sale or traffic. Lt.-Governor may grant charter of incorporation. XXI. This Act shall come into force immediately after the sanction thereof. XXII. The Lieutenant-Governor in Council may grant charters of incorporation to associations formed for the purpose of carrying out the provisions of this Act. CAP CAP. XI. An Act to amend the Act intituled: An Act to enable certain children of Half-breed heads of families to convey their land. [Assented to 25th June, 1879.] HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: cap. 20 re I. Section number one of the Act passed in the forty- Sec. 1, 41 Vic. first year of Her Majesty's reign, chapter twenty, is pealed. hereby repealed, and the following section is hereby substituted therefor: years shall be convey. 1. From and after the passing of this Act any such Child of 18 child being of the full age of eighteen years, shall be able to sell or able as fully and effectually to all intents and purposes, to sell, alien, depart with, grant or convey, or empower any other person or persons, for him or her, to sell, alien, depart with, grant or convey, his or her portion of, or interest, in the said one million four hundred thousand acres of land, to any person or persons whomsoever, as if such child were of the full age of twenty-one years, any law or usage to the contrary notwithstanding; Provided nevertheless, that no such Proviso. sale, alienation, grant or conveyance directly made by such child, and no such authority to another to sell, alien, depart with, grant or convey, for such child, his or her portion of or interest in said lands, shall have any force, unless made or given with the knowledge and consent of the father and mother of such child, if both parents be living and such child be unmarried, or with the knowledge and consent of the surviving parent, if only one parent be living, and such child be unmarried, or with the knowledge and consent of the wife or husband of such child, if such child have been married, and such wife or husband be living, snch knowledge and consent to be shown, in any of the above cases, by deed executed by such parents or parent, wife or husband, as the case may be, and by such Proviso. such child; Provided also, that no such sale, alienation, grant or conveyance, directly made by such child and no such authority to another to sell, alien, depart with, grant or convey, for such child, shall have any force unless such child shall appear before one of the Judges of the Court of Queen's Bench or a Judge of a County Court, or a Justice of the Peace for the County wherein such deed is executed; and such Judge or justice shall Justices shall examine such child, if unmarried, sepachild grant- rate and apart from his or her parents or surviving to sell or con- parent, or, if married and a female, separate and apart vey property. from her husband, respecting such child's free and Judge or examine ing authority Form of certificate for voluntary consent to sell, alien, depart with, grant and convey, or empower another or others to sell, alien, depart with, grant or convey, for him or her, his or her said portion of, or interest in said lands; and such Judge or Justice, shall within one month after the execution of such deed certify on the back or some other part thereof to the following effect: judge or jus- this tice to endorse on deed. In certain cases child as if both parents were iving. I (inserting the name) do hereby certify that on A.B., of at , one of the parties in the within deed named appeared before me, and that the said child was this day duly examined by me apart from his (or her) father and mother (or father, or mother) or husband, as the case may be, and did give his (or her) consent to sell (or convey or empower the within mentioned C. D. to sell or convey, or as the case may be) his (or her) estate in the lands mentioned in the said deed, freely and voluntarily, and without coercion or fear of coercion on the part of his (or her) father or mother (or husband) or of any other person or persons whomsoever; and that from such examination I have no doubt of the willingness of such consent. II. In every case in which any child empowered by may convey said Act to alien, depart with, grant and convey his or her portion of said land hath, before the passing of this Act, executed a deed of conveyance of the same, with the knowledge and consent of his father alone, such deed, if the mother of such child were dead at the time of the making thereof, shall be considered to have always been, and shall hereafter be, as valid and effectual to alien, depart with, grant and convey the interest of such child in said land as if both parents were were living at the time of the making thereof and such deed were made with the knowledge and consent of both the father and the mother of such child, provided Proviso. such child has been examined before a Judge or any two Justices of the Peace certified on such deed of conveyance. Child free III. If any such child empowered by said Act to and volunalien, depart with, grant and convey his or her said por- tary consent. tion of said land have, before the passing of this Act; with the knowledge and consent of his or her parents, if living, or of the surviving parent if one were dead, executed, with his or her parents or surviving parent, any deed authorizing any other person or persons for such child to alien, depart with, grant or convey to any person or persons (whether such person or persons be named in such deed or not) such child's portion of said land and if such child have been examined separate and apart from his or her parents, before one of the Judges of the Court of Queen's Bench or any Judge of the County Court or before any two Justices of the Peace, respecting such child's free and voluntary consent to convey his or her said land or to authorize another to convey the same for him or her; and such child shall have freely and voluntarily consented to the same, of which consent a certificate of such Judge or Justices endorsed on said deed within a month af ter the execution thereof, showing such consent or in the form given in said Act or to the like effect, shall be prima facie evidence; then and in every such case any deed, executed either before or at any time after the passing of this Act by the party so authorized, without any further knowledge and consent of either parent of said child than that before mentioned, and without either such parent joining in such last mentioned deed, and without any further examination of such child or certificate than those held or given in respect of such deed first mentioned, shall be as effectual to convey such child's portion of or interest in said land as if executed by such child and as if the said Act were to be every respect complied with. in IV. This Act shall not be held to affect any matter This Act shall in question in any action or suit now or heretofore not affect pending in this Province. any suit now pending. САР. |