ACTS OF THE LEGISLATURE OF THE PROVINCE OF MANITOBA PASSED IN THE SESSION HELD IN THE Fifty-eighth and Fifty-ninth Years of the Reign of Her Majesty BEING THE Third Session of the Eighth Legislature, Begun and holden at Winnipeg, on the Fourteenth Day of February, and Closed by Prorogation on the Twenty-eighth THE HONORABLE JOHN CHRISTIAN SCHULTZ, LIEUTENANT-GOVERNOR. VOL. I.—PUBLIC ACTS. WINNIPEG, MANITOBA : A.D. 1895. 58 and 59 VICTORIA. CHAPTER 1. An Act to amend "The Agricultural Societies Act." [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. Section 7 of Chapter 2 of 55 Victoria, being "The Agri- 55 V., c. 2, s. 7, cultural Societies Act," is hereby amended by adding thereto amended. the following sub-section: creameries and (2) Notwithstanding the provisions of this section any agri- Aid to cultural society existing under this Act may in any year or cheese factories. years, by resolution of the directors of such society duly passed at a meeting of such directors, appropriate any portion of the funds of such society, whether derived from the Legislative grant or otherwise, for the purpose of assisting in the establishment of a creamery or cheese factory, or one or more creameries or cheese factories. Such assistance may be by way of bonus or by way of loan, or by way of taking stock in a company. If assistance is given by way of loan the Society shall have power to take and receive security by way of note, bond, mortgage, covenant or otherwise as to the directors may seem proper, and shall have power to enforce, collect, and take proceedings upon any such security in the same manner and to the same extent as a private individual might do. 2. Section 26, of said Chapter 2, is hereby amended, by Sec. 26 adding thereto, after paragraph "d" thereof, the following amended, paragraph: Society granting such aid may participate in Legislative grant though no (e) In any case in which a resolution is passed under the provisions of sub-section 2, of section 7, of this Act, providing for the appropriation of a portion of the funds of an agriculexhibition held. tural society, for the purpose of assisting in the establishment of a creamery or cheese factory, and a certified copy of such resolution is forwarded to the Minister of Agriculture and Immigration, then, if it shall be made to appear that by reason of the said appropriation of funds, no exhibition has been held or contributed to by such society during the year for which such appropriation is made, the Minister may pay to the said society a share of the Legislative grant, based upon the returns made under this Act for the last year during which an exhibition was held or contributed to. Commencement of Act. 3. This Act shall come into force on the day it is assented to. Assignee other than the official to provisions of HE CHAPTER 2. An Act to amend " The Assignments Act." [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. In case an assignment is made by a debtor of his property assignee subject for the benefit of his creditors generally, to a person or persons, Assignments Act other than an official assignee, such assignment and the assignee to whom such assignment is made, shall be subject to all the provisions of "The Assignments Act." Where assignment to other assignee credi. 2. In case of such assignment to a person other than an than the official official assignee, any three creditors of the debtor may by reany cere quisition signed by them and filed with an official asoficial assignee signee, require such official assignee to call a meeting of the creditors of the debtor who made such assignment, which meeting shall be called in the manner provided by “The Assignments Act." to call meeting. At such meeting resolution, to transfer 3. If at such meeting of creditors a majority in value of the creditors may by creditors present at the meeting, pass a resolution requiring the require assignee assignee above mentioned to transfer the debtor's estate to an estate to official official assignee, then the said first mentioned assignee shall forthwith execute to the official assignee mentioned in the resolution, a transfer of all the property, estate and effects of the debtor which became vested in him 1y virtue of the deed of assign assignee. ment, and such official assignee shall thereupon be substituted for the person to whom the assignment was first made, and the said official assignee shall, subject to the provisions of this Act and the Assignments Act, have the same rights, powers and privileges, and be subject to the same duties and liabilities as was the person to whom the assignment was first made prior to such transfer. resolution. 4. The said resolution shall be signed by the chairman or Verification of other presiding officer of the meeting, and shall be verified by an affidavit of some person present at the meeting; the affidavit shall set forth the names of the creditors present at the meeting and the result of the vote on the resolution; and the resolution signed by the chairman and verified as aforesaid, or a duplicate thereof may be registered in any Registry Office or Registration of Land Titles Office in this Province. resolution. registration of 5. Such resolution when so registered, shall be, and Effect of shall be deemed to be, a valid and effectual transfer to the resolution. said official assignee, of all real estate which the debtor vested in the first mentioned assignee by virtue of the deed of assignment to him, and a certificate of title may be issued thereunder, to the official assignee. resolution. 6. As soon as such resolution is passed, the official assignee Publication of shall publish a notice thereof, and immediately upon publication thereof, the official assignee shall be entitled to all the Effect of resolu personal estate and effects of the debtor, and the first named tion when assignee shall forthwith deliver the same to the said official assignee. published. evidence. 7. The production of a resolution of the creditors, verified Resolution as as aforesaid, shall in all Courts of justice be taken as prima facie evidence of the vesting of the debtor's estate in the official assignee. this Act to be 8. The powers to enforce a transfer from the original Provisions of assignee above provided, shall be deemed to be additional to additional to those provided in " The Assignments Act." to those of Assignments Act. 9. This Act shall come into force on the day it is assented Commencement of Act. |