faction of the Minister charged with the administration of Dominion lands, that there has been undisturbed occupancy of the same as defined as last aforesaid;

And to report the evidence in respect of such claims, and To report who is the person to whom in their opinion the patent ought to issue for the lands to which the claims shall respectively relate.

2. The sittings of the Commissioners shall be held at Sittings of the the place of the sittings of the County Court in each of the Commission. counties of Manitoba, and the time and place of such sittings shall be advertised by the Commissioners for a period of three months in some newspaper in Manitoba, together with Notice. a list of claims to be heard before them, and they shall give such other notice of the time and place of such sitting as will best tend to inform parties interested in the same.

be submitted.

3. The claimant, or the heir, devisee or assignee of any Claim and claimant may bring any such adverse or conflicting claim evidence to before the said Commissioners either personally or by agent or attorney, and produce before the said Commissioners all such documents, proofs and evidence, as he may have to advance in support of such claim; and such evidence may be given vivá voce before the said Commissioners or by written affidavits or affirmations sworn or affirmed before any one entitled to administer an oath or affirmation in the place where the same is sworn or affirmed.

received in

4. All certificates of the Hudson Bay Company, or of Certain docuany Chief Factor of the Hudson Bay Company, or of the ments to be Clerk of the Executive Council of Manitoba, or copies certified evidence. by them respectively, of documents in their custody, shall be received in evidence before the said Commissioners.

and others.

5. The Commissioners may summon before them, by Examination summons under the hand of any one of them, the claimant of claimants or claimants or any person interested in the case, or any other person whom they deem it expedient to examine as a witness, or whom they have reason to believe to be in possession of any document by the production of which the ends of justice may be better attained; and may require such claimant or party, or such witness to submit to such oral examination upon oath, or to answer on oath and to sign his answers to interrogatories or cross interrogatories in writing, or to produce such books, papers or documents in his possession, as to the said Commissioners appear requisite.

to examine

6. The Commissioners may cause such interrogatories Commission or cross interrogatories as they deem requisite to be served witnesses, upon and answered by any such claimant, party, or witness, and issue or any witness whose deposition may be produced in commissions evidence purpose.

for that

Claim must be sworn to

being received.

evidence before them; and may cause commissions to be issued for the examination of any witness not resident in Manitoba, and for requiring such witness to produce such books, papers, or other documents as he may have in his possession; and may at their discretion delay the proceedings in the case until such evidence and answers have been adduced and given, and returned with the commission.

7. The Commissioners shall not receive or proceed upon be just before any claim until each of the adverse or conflicting claimants has made and produces before the Commissioners, an affidavit or affirmation in writing signed by him, that such claim is just and well founded to the best of his knowledge and belief, and that he has at least one month before the making of such affidavit or affirmation, caused to be served on the party having, or supposed to have, such adverse claim, notice in writing of his claim and of his intention to bring the same before the said Commissioners, and of the time when it is intended to be so brought; and a copy of such notice shall be annexed to the affidavit or affirmation.

SurveyorGeneral to make list of

of this Act.

Copies to be posted up.

8. A list of all lands coming within or believed to come within the purview of this Act, shall, from time to time, as Lands within may be necessary, be prepared by the Surveyor General of the provisions Dominion Lands; and such list shall specify the name or names of the person or persons in possession together with the number of the section, part of section, range and number of township of which the land consists or forms part, or some other adequate description thereof, and of the township or place in which the same lies; and copies of such list shall be put up in some conspicuous place in the office of each of the County Courts of the Province of Manitoba, and in the office of the Registrar of each of the said counties, during at least three months before the claim comes to be heard before the Commissioners; and no claim shall be heard by the said Commissioners, unless a certificate of compliance with the provisions of this section from the Clerk of the Court and Registrar of the county shall be produced to the Commissioners, and for each certificate the Clerk of the County Court and Registrar of the county may each demand and receive the sum of fifty cents, and no more.

Power to

ceedings.

9. The Commissioners may defer, delay or adjourn the adjourn pro- proceedings on any claim brought before them, and may give such further or enlarged time for the production of evidence, or for any other purpose relative to such claim, and for the decision thereon, as they may deem expedient for the attainment of the ends of justice.

Commission

10. The Commissioners shall be guided in their proers not bound ceedings and report by the justice and equity of the case, without regard to legal forms or to the strict letter of the

by forms.

law,

law, or legal rules of evidence; and shall report their decision to the Minister charged with the administration of Dominion To report to Lands, who may, if he thinks fit, thereupon cause Her the Minister. Majesty's Letters Patent under the Great Seal to issue, for granting the lands in question to the party who has been reported by the Commissioners as entitled to the same, or otherwise at his discretion to submit the same for the consideration and approval of the Governor in Council.

the Patent

11. No Letters Patent shall issue on any decision and When only report of the said Commissioners until after the expiration may issue. of three months from the time such report has been transmitted to and marked as received by the Minister aforesaid.

and new

cases.

12. If, before the expiration of such three months, the Re-hearing Commissioner, or in case there be more than one, a quorum report allowof the Commissioners, or a majority of them, find reason to ed in certain believe that such decision and report were obtained by surprise or erroneously made in any respect, and that justice requires that the issuing of the Letters Patent should be stayed, then the said Commissioner or Commissioners, or a majority of them, although it be not then the regular period of their sitting, may report accordingly to the said Minister, and issuing of the Letters Patent shall be thereupon stayed until the Commissioners again report upon the case; and the said Commissioners may re-hear the case, or let in any new claim, and receive or insist upon any new evidence, as to them may appear expedient to enable them to do justice in the case; and may thereafter decide and report thereon as if no prior report had been made, and with like effect.

proceeding.

13. The Commissioners for the time being may, from time Rules and to time, make and establish such rules and forms, with forms of regard to any proceedings to be had before them, and to such notices, papers and other documents as may be required in the conduct of such proceedings, as to them may appear expedient, for the better attainment of the purposes of justice.

tation.

14. The word "Commissioners" shall mean the Commis- Interpresioner in cases in which the commission may be issued to one person only.

Minister

15. Nothing in this Act contained shall limit the right of Right of the Minister, charged with the administration of Dominion Lands to investigate, or cause to be otherwise investigated, than is herein before mentioned, such adverse or conflicting claims as aforesaid, and to cause Letters Patent to issue therefor to the party appearing to him to be entitled thereto.

repealed.

16. The Act passed in the thirty-sixth year of Her 36 V., c. 6, Majesty's reign, intituled: "An Act respecting claims to lands in Manitoba, for which no patents have issued," is hereby repealed.

CHAP.

Preamble,

Act 32 & 33,

tended to Manitoba.

CHAP. 54.

[Assented to 8th April, 1875.]

An Act to extend to the Province of Manitoba the "Act for the more speedy trial, in certain cases, of persons charged with felonies and misdemeanors in the Provinces of Ontario and Quebec."

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Act passed in the session held in the thirty-second Vict. c. 35, ex- and thirty-third years of Her Majesty's reign, intituled: "An Act for the more speedy trial in certain cases of persons charged with felonies and misdemeanors, in the Provinces of Ontario and Quebec," is hereby extended and shall apply to the Province of Manitoba.

Interpretation clause.

2. As respects the Province of Manitoba, the expression "a Court of General Sessions of the Peace" in the said Act shall mean and include the Court of Queen's Bench of that Province, and the expression "the Judge" shall mean "the Chief Justice" or "a Puisne Judge" of the said Court of Queen's Bench, and the expression "County Attorney or Clerk of the Peace" shall mean the Prothonotary of the said Court of Queen's Bench.

Preamble.

CHAP. 55.

An Act respecting the Trinity House and Harbour Com missioners of Quebec.

[Assented to 8th April, 1875.]

WHEREAS it is expedient that the powers and authori

the Trinity House of Quebec, together with its property, (except as hereinafter provided), should be transferred to and vested in the Quebec Harbour Commissioners, and that the said Corporation of the Trinity House of Quebec should be dissolved and should cease to exist; and whereas it is expedient to transfer the administration of the Pilot Fund from the said Trinity House to the Corpora tion of Pilots for and below the Harbour of Quebec; and

whereas

whereas it is also expedient to amend "The Act further to 36 V., c. 62. amend the Acts to provide for the management and improvement of the Harbour of Quebec :' Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Jan., 1876.

1. Upon, from and after the first day of January next after Corporation the passing of this Act, so much of the Act of the legisla- of Trinity House, under ture of the late Province of Canada, passed in the twelfth 12 V., 'c. 114, year of Her Majesty's reign, chapter one hundred and four- to cease on 1st teen, and of any Act of the said legislature of the late Province of Canada, or of the Parliament of Canada amending the same, as provides for the existence and continuance of a body corporate and politic for the purposes of the said Act, by the name of the Trinity House of Quebec, and so much of the said Acts as makes it lawful for the Governor to appoint a Master and Wardens, to compose such corporation, and officers, clerks and bailiffs of the same, shall be, and the same is hereby repealed; and upon, from, and after the said day, the said corporation shall be, and the same is hereby dissolved and extinguished, so that the same shall thenceforth wholly and entirely cease to exist, either in name or in deed, and the persons who shall then be respectively the Master and Wardens of the Trinity House of Quebec, or officers of the said corporation, shall be and they are hereby thenceforward relieved, exonerated and discharged from their and each of their obligation to execute the powers vested in them and each of them by the Act in this section first mentioned or any Act amending the same.

Quebec Har

the said day.

2. Upon, from and after the said day all and every the Powers and powers, authority and jurisdiction, rights, duties and liabili- duties of Trinity House ties of the said Trinity House of Quebec, under the said Act, transferred to twelfth Victoria, chapter one hundred and fourteen, and any que Act or Acts amending the same, or under any Act, or Acts of missioners, the legislature of the said late Province, or of the Parliament on and after of Canada, shall become and be transferred to and vested in and shall be exercised and enjoyed, assumed and discharged by the said corporation of the Quebec Harbour Commissioners, created by the Act of the legislature of the said late Province of Canada passed in the twenty-second year of Her Majesty's reign, chapter thirty-two,-who shall thenceforth be a body corporate and politic, for all and every the purposes of so much of the said Act, twelfth Victoria, chapter one hundred 22 V., c. 32. and fourteen, and the Acts amending the same as shall then be and remain unrepealed, as well as for the purposes of the said Act, twenty-second Victoria, chapter thirty-two, and the Acts amending the same; and may use their own common seal in every case requiring the use of a seal under the pro

visions of the said Act, twelfth Victoria, chapter one hun- 12 V., c. 114. dred and fourteen, as amended by this Act, or by any former Act, in the execution of the powers thereby and hereby con

ferred