act as his deputy; and the person so appointed shell, as Judge of the county court during the time of ais appointment, have all the powers and privilege, and powers of be subject to all the duties vested in or impod by deputy. law upon the Judge by whom he has been appointed, but only in respect of matters appertaining to the county court for which he may be so appointed.

pointment of

sent by Lt.

name, resi

profession of

VII. The Judge, or the Barrister so appointed de- Notice of ap puty, shall forthwith send to the Lieutenant-Governor deputy to be notice of such appointment, specifying the name, resi- Gov., giving dence and profession of such deputy judge, and the dence and cause of his appointment; but no such appointment eputy and shall be continued for more than one month, without cause of apa renewal of the like notice; and in case the said Not to be conLieutenant-Governor disapprovelof such appointment, more than a he may annul the same.

pointment.

tinued for

month, etc.

judge clerk to

court.

VIII. In case the judge or the acting judge assigned In absence of to hold any county court, from illness or any casuality, adjourn does not arrive in time, or is not, from any cause, able to open the court on the day appointed for that purpose, the clerk or deputy clerk, shall, after two o'clock in the afternoon, by proclamation, adjourn the court to ten o'clock on the following day, and so on, from day to day, adjourning over any Sunday or legal holiday, until the judge or acting judge arrives to open the court, or until he receives other direction from the judge or acting judge.

bailiffs of

IX. For every county court there shall be a clerk Clerks and and one or more bailiffs, who shall be British subjects; courts-not but no practising barrister, attorney or solicitor, shall barristers,etc. be appointed clerk or bailiff.

to be acting

in Council to

clerks and

X. The Lieutenant-Governor in Council shall from Lt.-Governor time to time, appoint the several clerks and bailiffs of appoint the several county courts, and at his pleasure remove bailiffs. any such clerks or bailiffs and re-appoint others in their stead; Provided always, the several clerks of the respective county courts now holding the office of clerk, shall be continued clerks under the provisions of this Act.

XI. Every county court clerk and bailiff shall give Clerks and security by entering into a bond to Her Majesty, with security.

as

bailiffs to give

Form and manner of se

ficiency of

same.

as many sureties, in such sums, and in such form, as the said Lieutenant-Governor in Council directs, for the due accounting for, and payment of all monies received by them by virtue of their respective offices, and also for the due performance of their several duties.

XII. Every clerk and bailiff of a county court shall, curity and the by a covenant according to the form in the schedule of sureties-suf- forms to this Act, or in words to the same effect, to be executed in duplicate, give security, with so many sureties, and being residents and householders within the Province, and in such sums as the said LieutenantGovernor may direct, and as shall by the AttorneyGeneral be declared to be sufficient.

When security shall be given and

where filed.

Availability

XIII. Before any such clerk or bailiff enters upon the duties of his office, or as soon after as can reasonably be done, the covenant of himself and sureties approved as aforesaid, shall be filed in the office of the Provincial Secretary, and the duplicate original thereof shall be filed in the office of the clerk of the crown and peace for the Province of Manitoba; and for the filing of such instrument the said clerk of the crown and peace may demand and receive from such clerk or bailiff the sum of one dollar.

XIV. Such covenant shall be available to, and may of surety. be sued upon in any court of competent jurisdiction by any person suffering damages by the default, breach of duty, or misconduct of any such clerk or bailiff; and a copy of every such covenant, certified by the clerk of the crown and peace, shall be received in all courts as sufficient prima facie evidence of the due execution and of the contents thereof, without further proof.

In case of ab

vency or death new surety.

XV. If any surety in any such covenant dies, becomes sence, insol- resident out of Manitoba or insolvent, the AttorneyGeneral shall notify the clerk or bailiff, as the case may be, for whom such person became surety, of such death, insolvency, or non-residence in Manitoba, and immediately thereupon such clerk or bailiff shall within one month, after being notified by letter duly posted in that behalf, give, anew, the like security, and in the same manner as hereinbefore provided, or forfeit his office as clerk or bailiff.

bailiffs-how

XVI. The clerks and bailiffs shall be paid by fees as Clerks and by this Act allowed, or by salary, or by both, as shall paid. from time to time be determined by the LieutenantGovernor by Order in Council, or by Act of the Legislature.

a

XVII. The clerk may (with the approval of the Lieu- When clerk tenant-Governor in Council) from time to time, when may appoint prevented from acting from illness, absence, or unavoidable accident, appoint a deputy to act for him with all the powers and privileges and subject to the like duties of the clerk, and may remove such deputy at his pleasure, and the clerk and his sureties shall be jointly liable and severally responsible for all the acts and omissions of the deputy.

issue sum

nish copies

without

XVIII. The clerk shall issue all summonses; which Clerk shall summonses shall be by him filled up, and shall be mons and fur-without blanks, either in date or otherwise, at the time date and of delivery for service; he shall also furnish copies of blanks. the same with all notices required by law or the practice of the court to be thereto annexed or indorsed thereon.

furnish clerk

lars of de

particulars of

XIX. The plaintiff or the defendant, respectively, Plaintiff to shall furnish the clerk with the particulars of the plain- with particu tiff's claim or demand, and of the defendant's set-off, as mand; defenthe case may be, and the clerk shall annex the plain- dant with tiff's particulars to, or indorse the same on, the sum-set-off. mons, and he shall in like manner annex to, or indorse on the copy or copies of the summons the same particulars of the plaintiff's claim, and furnish the plaintiff when required, with a copy of the said set-off.

all warrants,

etc., register

judgments,

fines, etc., in

XX. The clerk shall also issue all warrants, precepts, Clerk to issue and writs of execution, filled up and without blanks-executions, he shall tax costs subject to the revision of a judge-all orders and register all orders and judgments of the court, and keep keep an acan account of all court fees and fines payable or paid count of fees, into court, and of all suitors' monies paid into and out books kept of court, and shall enter an account of all such fees, pose, and fines and monies in a book to be kept by him for that ed, furnish purpose, which book shall be open to all persons desi- full accounts. rous of searching the same; and it shall at all times be accessible to a judge, who may examine the same, and all other books and accounts kept by the clerk, when

for that pur

when requir

Clerk shall, when re

quired, sub

42 VICT. ever he shall have occasion or deem it requisite so to do; and the clerk shall, whenever required so to do, furnish the Treasurer of the Province with all such statements of the said fees, fines and monies, and all other matters which the said Treasurer may see fit to ask.

XXI. The clerk shall, if required by the LieutenantGovernor in Council at stated periods, submit all such acts for exam- accounts, as such Lieutenant-Governor in Council shall designate, to the Treasurer for examination and audit.

mit all such

ination.

The clerk

shall keep a docket or

procedure

XXII. The clerk shall keep a docket or procedure book in which shall be entered a note of the different book in which proceedings in every cause, with the date thereof; and he shall enter such entries or a copy thereof, certified as a true copy by the clerk, shall be admitted in all courts and places as prima facie evidence of such entries, and of the proceedings referred to thereby, without any further proof.

same in effect

of such en

tries certified by him.

Clerk to make

list of monies

the month of

transmit to Treasurer.

XXIII. The clerk shall in the month of January in in court in each year make out a correct list of all monies belongJanuary and ing to suitors in the court, which have been paid into court and which have remained unclaimed for six months before the last day of the month of the preceding December, specifying the names of the plaintiff and the defendant of the suit in which, or where there is no suit, on whose account the same were so paid; and in the said list he shall distinguish such monies, if any, as have been paid in upwards of six years before the said last day of December; and shall transmit such list to the said Treasurer.

Clerk shall

post up and

XXIV. The clerk shall post up and keep posted a keeps posted copy of such list in his o fice, and during court hours a copy of such in some conspicuous part of the court room or place where the court is held.

in his office

list.

All monies poid into

court and there remain

into the law

XXV. All sums of money which have been paid into court to the use of any suitor, and which have remained ing for 6 years for the period of six years after the same were paid into shall be paid court or to the officer thereof, including all sums of society of Ma- money so paid into court when this Act takes effect, or cases of infan- afterwards in the hands of the clerk or the bailiff paid and unsound into court or to the officers thereof, to the use of any not to count. suitor, shall, if unclaimed for the period of six years after

nitoba. In

cy, feme covert

mind, time

after the same were so paid, be applicable as part of the Law Society Fund" and be carried to the credit of such fund, and be paid over to the Treasurer of the Province for the purpose aforesaid; and no person shall be entitled to claim any sum which has remained so unclaimed for six years; Provided always, that no time during which the person entitled to claim such sum was an infant, a feme covert or of unsound mind, shall be taken into account in estimating the said six years.

monies, etc.,

upon resigna

or death be

XXVI. All accounts, monies, books, papers and other All accounts, matters in the possession of the clerk by virtue of or in hands of appertaining to his office, shall upon his resignation, clerk shall removal or death, immediately become the property of tion, removal the Treasurer of the Province, who shall hold the same come the profor the benefit of the public, until the appointment of Treasurer for another clerk to whom he shall deliver over the same, the public and but not until such clerk and his sureties shall have shall deliver executed and filed the covenant in manner hereinbe- over to the succeeding fore provided, except the Governor in Council shall clerk. otherwise order.

benefit of

the same

when any

taining to the

office of clerk

is wrongfully witheid.

XXVII. Any person wrongfully getting or holding Remedy possession of any such accounts, monies, books, papers, thing apperor matters aforesaid, or any of them, shall forthwith deliver them to the said Treasurer or to his order, and upon the application of the clerk or bailift or Treasurer to any judge, showing by affidavit to the satisfaction of such judge, that a person has obtained or holds such wrongful possession thereof, such judge shall make an order authorizing a writ of attachment, to issue and an attachment shall forthwith issue for the arrest of such person, out of the Court of Queen's Bench, directed to the proper sheriff in that behalf, and thereon such person shall be arrested, and shall be committed to the common gaol, there to remain without bail until the Court of Queen's Bench or one of the judges thereof, shall be satisfied that such person has not and never had nor held nor holds any of the matters aforesaid, or that he has fully accounted for, or delivered up the same to the proper person in this behalf, or until he be otherwise discharged by due course of law.

XXVIII. The fees of the clerks and bailiff's of the Table of fees courts and of the witnesses attending the said courts

under this

Act-to be

and

hung up in clerk's office.