Aid to creameries and cheese

factories.

Report to Minis.

ter of Agricul

ture recommending aid.

Grant of aid.

Security for aid.

Application of aid.

CHAPTER 7.

An Act respecting Aid to Creameries and Cheese.
Factories.

HE

[Assented to 29th March, 1895.]

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

1. Out of any funds appropriated by the Legislature of Manitoba, for the purpose of aiding creameries and cheese factories, the Minister of Agriculture and Immigration, may make payments for the purpose of aiding in the establishment of creameries or cheese factories, subject and according to the following provisions :—

(a) No payment shall be made until a report shall be filed with the said Minister by an agent or commissioner appointed by him recommending the establishment of a creamery or cheese factory, in the place in which it is proposed to establish the same.

(b) Upon the filing of such report, and upon evidence being filed with the said Minister, in such form as he shall approve, shewing that a company or partnership has been formed or incorporated for the purpose of establishing and carrying on a creamery or cheese factory in the place recommended as aforesaid, and shewing the amount of money which has been actually subscribed and paid by the promoters of the said creamery or cheese factory, for the purposes thereof, and shewing that such money has been deposited to the credit of a person approved by the said Minister, in a chartered bank, the Minister may cause to be paid to such company or partnership, a sum of money equal to the amount so subscribed and paid, but not exceeding five hundred dollars.

(c) Such payment shall be by way of loan to the Company or partnership, and shall be secured by a mortgage upon the machinery and plant of the said creamery or cheese factory so soon as the same is placed in position therein, and such mortgage shall be second only to any lien which may exist upon the said machinery and plant for unpaid purchase money.

(d) All moneys advanced by the said Minister under this Act shall be applied in payment for the said plant and machinery unless the same is otherwise fully paid for. If the moneys

advanced by the Minister are more than sufficient to pay for the said machinery and plant, or the balance remaining unpaid thereon, then the remaining portion thereof shall go to the general funds of the Company or partnership.

ter under mort

aid.

(e) The mortgage referred to in paragraph (c) hereof shall Power of Minisbe made to the Minister of Agriculture and Immigration for gage securing the time being and his successors in office. The said Minister and his successors shall have power to take, hold and receive the said mortgage as security for the advances made under this Act, and shall have power to take all necessary or proper proceedings thereon for the enforcement and collection thereof in the same manner as a private individual might do. The company or partnership to which the advance is made is hereby empowered to make and execute the said mortgage with the usual statutory covenants, and the same when so made and executed shall be a good and valid security. The terms of repayment of the moneys secured by said mortgage shall be determined by the said Minister.

2. This Act shall come into force the day it is assented to. Commencement

of Act.

CHAPTER 8.

An Act to amend "An Act respecting aid to Creameries and Gheese Factories."

HE

[Assented to 28th June, 1895.]

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

s. 1, amended.

1. Section 1 of "An Act respecting aid to Creameries and 58-59 V., c. 7; Cheese Factories" passed at the present Session of this Legislature, and assented to on the 29th March, 1895, is hereby amended by adding thereto the following paragraph:

not to apply to mortgages under

(f) The provisions of Chapter 10 of the Revised Statutes Bills of Sale Act of Manitoba, being "The Bills of Sale Act" and amendments thereto, shall not apply to any mortgage or security made or this Act. taken in pursuance of this Act.

to.

2. This Act shall come into force on the day it is assented Commencement

of Act.

R.S.M.. c. 41,

CHAPTER 9.

An Act to amend "The Dairy Factories Incorporation Act."

H

[Assented to 29th March, 1895.]

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

1. Chapter 41 of the Revised Statutes of Manitoba is hereadding sections, by amended by inserting after section 8 thereof, the following

amended by

Petition for additional powers.

Approval of petition.

Commencement of Act.

sections:

8. (a) At any time after the filing of the declaration mentioned in section 4 of this Act, a majority in value of the stock holders of the Company may file with the Provincial Secretary, a petition that the Company may be empowered to carry on any business authorized by the provisions of the said Act in addition to that set out in their original declaration.

8 (b) Upon the Provincial Secretary being satisfied that the said petition has been duly executed by a majority in value of the stock-holders of the said Company, he may endorse on said petition his approval thereof, and file the same in his Department, whereupon the said Company shall be authorized to carry on the business mentioned in their said petition in addition to that set out in their original declaration.

2. This Act shall come into force on the day it is assented to.

CHAPTER 10.

An Act to Amend "The Devolution of Estates Act."

HE

[Assented to 29th March, 1895.]

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

1. Chapter 45 of the Revised Statutes of Manitoba is here- R. S. M, c. 45 by amended by adding thereto the following section:

amended by adding sec. 25.

ministrator to

25. An Administrator in whom the real estate of an in- Power of Adtestate person is, or may hereafter be, vested under any law sell real estate. in this Province, shall have as full power to sell and convey such real estate for the purpose, not only of paying debts, but also of distributing or dividing the estate among the persons beneficially entitled thereto, whether there are debts or not, as he has in regard to the personal estate;

Provided, however, that nothing herein contained shall have the effect of preventing any beneficiary from taking proceedings to restrain the Administrator from selling, on the ground that such sale is unnecessary for the purposes of the administration of the estate;

Provided, also, that where infants or lunatics are beneficially interested in such real estate as heirs or devisees, and there are no debts, such sale shall not be valid as respects such infants or lunatics, unless the sale is made with the approval of the District Registrar of the Land Titles District in which the lands in question lie, or if the said lands are not in a Land Titles District, then of the District Registrar of Winnipeg.

this section,

(2). This section shall not apply to an Administrator Application of where the letters of administration are limited to the personal estate exclusive of the real estate; nor shall any thing in this section contained derogate from any right or power heretofore possessed by an Executor or Administrator.

of powers con

Act.

2. It is hereby declared that the powers conferred by this Commencement Act, shall be held to have been vested in, and exercisable by ferred, by this administrators, from and since the first day of July, A.D. 1885, until the date of the passing of this Act, without the approval of the District Registrar.

Act.

3. This Act shall not affect or apply to any action, suit, Application of matter or proceeding now pending in any Court or Land Titles office in this Province.