Imágenes de páginas
PDF
EPUB

One duplicate is returned for examination by shareholders and bondholders.

Part II requires no comment. It contains provisions similar to those of Part I, except as regards such changes as can be made by companies incorporated by letters patent.

Part III allows the incorporation by letters patent of persons seeking objects of a national, patriotic, religious, philanthropic, charitable, scientific, and the like character, but without pecuniary gain. Part I of the Act, except the incompatible sections thereof, applies, mutatis mutandis, to such companies, regarding which there are also a few special provisions.

Protestant Cemeteries.—If such a cemetery has fallen into a dilapidated and discreditable condition, an Order in Council may appoint persons, not less than five in number, for the purpose of assuming the control, maintenance, and management thereof, but without interfering with the ownership of it (c. 73).

Authorization of Married Women.-A wife separated from bed and board may now alienate her real estate with the authorization of a judge, after having served a notice of such application upon her husband, at his last known address (c. 78).

Organization of the Civil Courts (c. 79), assented to February 14, 1920, came into force by proclamation July 24, 1920. It does not materially differ, except in phraseology, from c. 76 of the statute of 1919, which it repeals, and which was summarized in the preceding volume.

Disorderly Houses.-The use of any building for disorderly purposes may be stopped by injunction. The judge may close such building for a period of not more than a year. The operation of such judgment may be suspended upon a bond being given, which bond may be forfeited if the building is misused. Leases for disorderly purposes are null and void. This statute has been declared constitutional by the Court of Appeals (c. 81).

9. SASKATCHEWAN.

[Contributed by R. W. SHANNON, Esq., K.C.]

Acts passed: Public-79; Private-10.

Revised Statutes.-The Commission appointed in 1917 to revise and consolidate the statutes completed its labours in October 1920, and the revision and consolidation, intituled, "The Revised Statutes of Saskatchewan, 1920," was brought into force on November 10 by an Act assented to on that date. The statutes, which have been arranged in appropriate groups, number 213 chapters running to 2,852 pages, and are contained in three volumes. In an appendix, published as a separate volume for the sake of convenience, are found certain constitutional and other Acts affecting the Province (Schedule I.), while Schedules II., III., and IV. show respectively (1) the history and disposal of Acts; (2) the Acts and parts of Acts repealed from the coming into force of the Revised Statutes; and (3) the Acts and parts of Acts omitted from the consolidation but remaining unrepealed.

The 1920 session produced the smallest bulk of current legislation for many years, but some important amendments were enacted.

Elections. The provisions of the Saskatchewan Election Act relating

to the procedure to be followed in making and revising lists of voters for electoral divisions and parts of electoral divisions included within the limits of any city or any town having a population of at least 2,000 were repealed (No. 14). Under this procedure registrars were appointed annually, if necessary, for each of these divisions and portions of divisions. The registrars divided their divisions into polling subdivisions and appointed deputy registrars to act for one or more subdivisions. Registration sittings were held by the deputies for the purpose of receiving applications for registration of voters, and lists of applications were prepared, published, transmitted to the Clerk of the Executive Council, and printed. A judge of the District Court acted as revising officer for one or more electoral divisions and appointed a time and place for holding a Court of Revision. Complaints were heard and lists were revised by the judge, and the completed lists sent to the Clerk of the Executive Council and printed.

The procedure laid down for the preparation of voters' lists for electoral divisions and portions of electoral divisions not included in those before described is simpler and, in consequence of the above amendment to the Act, now applies to all electoral divisions. Briefly it is as follows: The returning officer, upon receipt of a writ of election, subdivides the division into polling subdivisions. Failing appointment by the LieutenantGovernor in Council, the returning officer appoints enumerators to prepare lists of voters for one or more polling subdivisions. The lists are prepared and published, and a time and place are fixed by the enumerator for hearing complaints. The lists are then revised, corrected, and certified by the enumerator and delivered before polling commences to the deputy returning officer for the appropriate polling subdivision.

Succession Duty.-No succession duty is now leviable on moneys received or receivable under a contract of insurance effected by the deceased on his life if such moneys are payable to his father, mother, husband, wife, child, daughter-in-law, or son-in-law, and the aggregate amount of such moneys does not exceed $5,000 (No. 22).

King's Bench. An amendment to the King's Bench Act (No. 25) provides that no action shall be brought in Saskatchewan for damages. in respect of a tort committed outside the Province, except by special leave of the Court or a judge.

Evidence. No. 28 amends the Saskatchewan Evidence Act by the insertion of a subsection providing that, notwithstanding the provisions of any statute imposing penalties, whenever in any action or proceeding the evidence of the defendant, or of the husband or wife of the defendant, is taken at the instance of the adverse party, no sentence of imprisonment, other than such as may be imposed for default in payment of a fine or penalty or for non-compliance with an order, shall be pronounced.

It will be noticed that this enactment does not go so far as s. 3 of Lord Brougham's Act, which provides that nothing therein contained shall render any person charged with an offence punishable on summary conviction a compellable witness against himself.

Fatal Accidents.-A revision and consolidation of the Fatal Accidents Act is enacted in No. 29. The original Act, which embodied the provisions of Lord Campbell's Act, 9 and 10 Vict. c. 93, did not contain the amendment to the latter Act, passed in 1864, covering cases in which the deceased leaves no executor or administrator and cases in which an executor or administrator fails to commence proceedings within six months after

the death. The Act as revised provides for these contingencies. Another new section enacts that where any of the beneficiaries are infants and where in such case the executor has agreed on a settlement of a claim or action, either the executor or the defendant may, on ten days' notice to the opposite party and to the Official Guardian, apply to a judge of the Court of King's Bench sitting in chambers for an order confirming the settlement, and that, if the settlement is so confirmed, the defendant shall be discharged from all further claims.

Land Titles.-An amendment to the Land Titles Act provides for payment into Court of mortgage moneys in the absence of a mortgagee. In this case these moneys were formerly paid to the Provincial Treasurer. Another amendment, made in consequence of the Dominion Bankruptcy Act, sets forth the procedure by which a trustee in bankruptcy may apply to be registered as owner of any land, mortgage, or incumbrance belonging to the bankrupt. By a further amendment an owner of land, against which an execution has been filed in error, the execution debtor being a person of the same name as himself, may have the execution removed by simple notice in writing to the registrar stating that the person giving the notice is not the execution debtor. Errors of this kind are due to the fact that the execution creditor is not required to specify the lands to be made subject to the writ. On receipt of the notice the registrar notifies the execution creditor that the execution shall not affect the land referred to in the notice after the expiration of twenty days unless in the meantime the creditor files with the registrar a judge's order continuing the execution in effect beyond that period. Formerly the owner of land had to file with the registrar an affidavit stating that he was not the execution debtor (No. 30).

Homesteads.-S. 7 of the Homesteads Act empowers the wife of a homesteader to file a caveat to protect her rights in the homestead. By No. 31 it is provided that, where the wife has not filed a caveat, a trustee in bankruptcy, acting in good faith, who proceeds to sell the lands, shall not be liable in damages at the suit of the wife if it subsequently appears that the land sold was land in which she possessed homestead rights.

Companies.-No. 33 inserts a new section in the Companies Act providing that, where the name of a company has been struck off the register and, at the expiration of one year from the date of removal, the name has not been restored and no application for restoration is pending, the registrar may allow another company to be incorporated with the same name or to adopt it.

Vehicles. No. 68 inserts a new section in the Vehicles Act providing that on convicting a person of driving a motor-vehicle while intoxicated, a magistrate may, in addition to any other penalty, prohibit the offender from driving a motor-vehicle for a period not exceeding one year, and may also order that the vehicle be impounded for a period not exceeding one month.

Temperance.-There are numerous amendments to the Saskatchewan Temperance Act (No. 70). The Liquor Commission is given entire administration of the Act. Small defects in the principal Act are remedied and fresh provisions are added for its better enforcement.

Mechanics' Liens.-No claim for a mechanics' lien can now be registered where the amount claimed as due, or the aggregate of the amounts claimed as due by a number of persons with united claims, does not exceed $50 (No. 72).

Workmen's Compensation.-By No. 73 the Saskatchewan Government is brought within the scope of the Act; a "workman" employed otherwise than by manual labour is entitled to the benefits of the Act if his annual remuneration does not exceed $2,000 (formerly $1,800); and the maximum amount of compensation recoverable has been raised from $2,000 to $2,500.

10. NEWFOUNDLAND.

[Contributed by THE HON. THE Minister of JUSTICE.]

Co-operative Building Association-C. 5 is "An Act respecting the Dominion Co-operative Building Association, Limited." This Act confers certain privileges upon the Dominion Co-operative Building Association, a company incorporated to relieve the housing situation in St. John's. The Government guarantees 5 per cent. on the paid-up capital of the company for twenty years from January 1, 1920; also gives the company free entry for all construction and building materials and machinery for twenty years from January 1, 1920. The Government has the right to nominate one-third of the directors of the company.

[ocr errors]

Statute Law Revision.-C. 16 is An Act respecting the Effect and Application of certain Acts subsequent to the Consolidated Statutes of Newfoundland (Third Series)." The Statute Laws of the Colony having been consolidated up to and including 1916, it became necessary to provide for the application of legislation passed subsequent to the second session of 1916, which repealed, amended, or had reference to the laws so consolidated. This enactment was passed so that all such appeals, amendments, and references should be held to apply to the provisions of the Consolidated Statutes (Third Series).

Agriculture.-C. 19 is "An Act to amend Section 9 of Chapter 139 of the Consolidated Statutes of Newfoundland (Third Series), entitled, ́Of the Encouragement of Agriculture.'" An amendment enabling the Minister of Agriculture and Mines to spend thirty thousand dollars annually in connection with an Experimental Station and Model Farm.

Dogs.-C. 23 is "An Act to amend Chapter 143 of the Consolidated Statutes of Newfoundland (Third Series), entitled, 'Of the Keeping of Dogs.'" This amendment of the Keeping of Dogs Act makes it unlawful for any person but a police constable to kill any dog. Shepherd dogs when properly trained and so certified by the Department of Agriculture and Mines may be kept in any area in which the keeping of dogs is prohibited.

Fisheries.-C. 25 is "An Act to regulate the Exportation of Salt Codfish." This Act provides for the creation of a Codfish Exportation Board, made up of the Minister of Marine and Fisheries as chairman and of six licensed exporters of codfish, four of these being appointed by the Governor in Council and two by the Exporters of codfish. Three constitute a quorum. The duties of the Board are to advise the Governor in Council as to the exportation and marketing, and particularly to recommend regulations regarding licences, conditions and terms of sale abroad, prices, maximum quantities which may be exported. Such regulations when approved by the Governor in Council and published in Gazette have the force of law. Exportation is prohibited except under licence, for which a fee of fifty dollars is fixed and ten cents per quintal export tax. The licence shall be in force for a year and may be suspended

or cancelled by the Governor in Council for cause. The Minister of Marine and Fisheries has to convene in September of each year a meeting of codfish exporters to discuss with the Board all matters relating to the exportation of codfish for the ensuing season. S. 7 confers on the Governor in Council the power of appointing Trade Commissioners, and on the Minister of Marine and Fisheries the power to authorize research work in connection with the Colony's fisheries. The penalty for shipping or attempting to ship codfish in contravention of the rules made under the Act is the value of such codfish including export duty. C. 26 is “ An Act to provide for the better obtaining of Information respecting the Codfishery." This enactment throws on the master or owner of every vessel engaged in codfishing on arrival at any port in the Colony from the Codfishery the duty of reporting to the Department of Marine and Fisheries the quantity of quintals of fish on board such vessel, giving description of fish and into what qualities it is intended to be cured under a penalty of not less than ten and not more than one hundred dollars. Licensed exporters of codfish shall report to the Minister of Marine and Fisheries monthly the quantity and quality held in store, verified by affidavit, under a penalty of one thousand dollars. The Minister cannot publish this information so required in detail, but the sum-total shall be given to the President of the Board of Trade for the use of the trade. A penalty is provided for publishing false information or statistics respecting the quantity of codfish caught or held in store. Provision is made for appeal to the Supreme Court. C. 27 is "An Act to provide for the Standardization of Codfish." The object of this Act is to improve the methods of curing codfish. Power is conferred on the Governor in Council to appoint a Commission of not less than five and not more than eleven persons, the Minister of Marine and Fisheries being one, and ex-officio chairman. The duties cast on the Commission are to submit regulations to the Governor in Council for the improvement of the manner in which codfish is prepared for market, from the catching of the fish to the production of the finished article; the establishment of grades, inspection, marking of packages, lading in vessels, carriage, the establishing of standards, fixing of prices between different qualities, and fixing of penalties for breach of any of the regulations. All rules under the Act after approval by the Governor in Council and fifteen days after publication in Gazette have the force of law.

Seal Fishery.-C. 28 is "An Act to amend Chapter 162 of the Consolidated Statutes of Newfoundland (Third Series), entitled, 'Of the Prosecution of the Seal Fishery.'" An amendment of the Prosecution of the Seal Fishery Act to ensure the better carrying out of the provisions of that Act respecting the sufficiency, quality, and quantity of food supplied the crews and the cleanliness of sleeping-quarters. The enforcement of the provisions of the Act are entrusted to an inspector appointed annually by the Governor in Council for each steamer prosecuting the Seal Fishery. The Public Health Officer is given power to make rules governing the proper care and maintenance of the sleepingquarters of the crews. S. 3. prohibits the killing of seals after April 20 in any year.

Beavers.-C. 30 is "An Act respecting the Preservation of Beavers." Beavers having been closely protected for several years, they increased and multiplied so rapidly in some localities as to cause serious damage

« AnteriorContinuar »