passing. sional work of an architect, and in the duties of a supervisor of mechanical work in buildings, and shall also seek to determine his knowledge of the laws of sanitation as applied to Certificate of buildings. If the result of the examination of any applicant be satisfactory to a majority of the board under its rules, the secretary shall, upon an order from the board, issue to the applicant a certificate to that effect, and, upon payment to the secretary by the applicant of a fee of twenty-five dollars, he shall thereupon issue to such applicant a certificate of registration, permitting him to practise architecture in this Province in accordance with the provisions of this Act, registration, which certificate of registration shall contain the full name, birthplace and age of the applicant and be signed by the president and secretary and sealed with the seal of the board. 10 Ed. 7, c. 4, s. 10. Certificate of fee $25. keep records. 11. All papers received by the secretary in relation to Secretary to applications for certificates of registration shall be kept on file in his office and a proper index and record thereof shall be kept by him. 10 Ed. 7, c. 4, s. 11. have separate 12. In the case of two or more architects carrying on Partners to their business in co-partnership, each member whose name certificates. appears as a member of the firm must hold a certificate of registration under the provisions of this Act. 10 Ed. 7, c. 4, s. 14. stock com 13. No joint stock company or corporation shall be re- No joint gistered under the provisions hereof, but such company or pany or corcorporation may employ duly registered architects. 10 Ed. 7, poration to be c. 4, s. 15. registered. architect. 14. Every architect registered in accordance with the Business seal provisions of this Act shall have a seal, the impression of to be used by which must contain the name of the architect, his place of business, and the words "Registered Architect, Province of Manitoba," with which he shall stamp all working drawings and specifications issued from his office for use in the Province of Manitoba. 10 Ed. 7, c. 4, s. 16. holding must not 15. It shall be unlawful for any person not holding a Persons not certificate of registration in this Province under the provi- certificates sions of this Act to advertise or put out any sign, card or advertise or other device for the purpose of, or with a view to, indicating in or card to the public that he or she is entitled to practise as an archi- as being in tect. 10 Ed. 7, c. 4, s. 17. the profession Persons may act as their own architects, not 16. Notwithstanding anything contained in this Act, it shall be lawful for any person, mechanic or builder to make withstanding and prepare plans and specifications for, or to supervise the erection, enlargement or alteration of, any building that is to be constructed by himself or his employees. 10 Ed. 7, c. 4, s. 19. anything in the Act. As to civil engineers. Revocation of certificates of registration. For what causes. Notice of charge. Hearing of, by board. Issuing new certificate after revocation. Powers of board in relation to hearing of charge. 17. No civil engineer shall be considered an architect within the meaning of this Act unless he plans, designs or supervises the erection of buildings, in which case he shall be subject to all the provisions of this Act and be considered as an architect. 10 Ed. 7, c. 4, s. 20. REVOCATION OF CERTIFICATE. 18. All certificates of registration issued in accordance with the provisions of this Act shall remain in full force until revoked for cause as hereinafter provided. Any certificate of registration so granted may be revoked by unanimous vote of the board for gross incompetency or recklessness in the erection of buildings, or for dishonest practice on the part of the holder thereof, or for failure to stamp working drawings and specifications with the seal of the holder thereof in accordance with the provisions of this Act; provided, however, that no certificate of registration shall be revoked until the holder thereof shall have received at least twenty days' notice in writing of the charge against him and of the time and place of the meeting of the board for the hearing and determining of such charge. 10 Ed. 7, c. 4, s. 21. 19. After the expiration of six months from the revocation of a certificate of registration, the person whose certificate was revoked may have a new certificate issued by the secretary upon a certificate of the board issued by them on satisfactory evidence of proper reasons for his reinstatement and upon payment to the secretary of a fee of five dollars. 10 Ed. 7, c. 4, s. 22. 20. For the purpose of carrying out the provisions of this Act relating to the revocation of certificates of registration, the board shall have the power of a court of record and the power to issue subpoenas to compel the attendance and Subpoenas for testimony of witnesses. All witnesses subpoenaed by the witnesses. board shall be entitled to the same fees as witnesses in the Court of King's Bench, to be paid in like manner. The ac-cused shall be entitled to obtain from the board subpoenas for his witnesses, and shall be heard in person or by counsel to architects. as in open public trial; provided that any architects sub Witness fees pœnaed to give evidence under the provisions of this section shall be entitled to be paid the sum of four dollars a day and travelling expenses, as in the case of professional witnesses in the Court of King's Bench. 10 Ed. 7, c. 4, s. 23. PENALTIES. of Act. 21. Any person transgressing any of the provisions of Penalties for this Act shall incur a penalty of not less than fifty dollars contravention and not exceeding one hundred dollars for the first offence, and, for each offence committed subsequent to any conviction hereunder, a penalty of not less than one hundred dollars and not exceeding three hundred dollars, to be recovered by summary conviction before any two justices of the peace, or before a police magistrate, one moiety to belong to the prosecutor and the other to the treasurer of the board for the use of the board. In default of payment, the defendant shall for the first offence be liable to imprisonment for any term not exceeding one month, and for each subsequent offence for any term not exceeding one month. Every prosecution under this Act shall be commenced within six months from the date of the alleged offence. 10 Ed. 7, c. 4, s. 18. FEES. Limitation of time for prosecution. architects to fee of $5. Renewal of 22. Every registered architect of this Province who de- Registered sires to continue the practise of his profession shall annually pay annual during the time that he shall continue in such practice pay to the secretary of the board during the month of July a fee of five dollars. The secretary shall thereupon issue to him a certificate of renewal for the term of one year. Any registered architect who shall fail to have his certificate renewed during the month of July in each year shall be liable to have certificates to his certificate of registration revoked at the discretion of the board, but the failure to renew such certificate within a reasonable time shall not deprive such architect of the right to renewal thereafter; provided, however, that the fee to be paid on the renewal of registration after the month of July if not during shall be ten dollars in each case. 10 Ed. 7, c. 4, s. 24. July, fee to RETURNS. be annual. be $10. turns to be Provincial 23. Within the first week of December in each year, the Annual resecretary of the board shall file with the Provincial Secretary nied with a full report of the proceedings of the board and a complete secretary. statement of the receipts and expenditures of the board, attested by affidavits of the president and secretary, subject to the approval of the Provincial Secretary. 10 Ed. 7, c. 4, s. 25. CHAPTER 12. An Act respecting Assignments and Preferences by Insolvent Short title. Appointment HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as 1. This Act may be cited as "The Assignments Act." R.S.M. c. 8, s. 1. OFFICIAL ASSIGNEES. 2. The Lieutenant-Governor-in-Council may appoint one of official person in each judicial district of this Province to be an official assignee under this Act. R.S.M. c. 8, s. 2. assignees. Security to be given by official assignee. Expense of furnishing bond. General assignment ance with 3. No official assignee shall accept any assignment or trust, or execute any duties under this Act, unless and until he has given security to the satisfaction of the LieutenantGovernor-in-Council, by bond or bonds or otherwise, to His Majesty, His heirs and successors, in the sum of ten thousand dollars for the due accounting and payment over of all moneys received by him as such assignee. R.S.M. c. 8, s. 3. 4. An official assignee may charge up to each estate which comes into his hands the sum of five dollars to reimburse himself the expense incident to the furnishing of said bonds. R.S.M. c. 8, s. 4. ASSIGNMENTS. 5. Every assignment for the general benefit of creditors not in accord- which is not made to an official assignee, nor to any other person with the consent of the proportion of creditors prescribed by section 44 of this Act, shall be absolutely null and void to all intents and purposes. R.S.M. c. 8, s. 5. Act, when void. Form of assignment for general benefit of creditors. 6. Every assignment made under this Act for the general benefit of creditors shall be valid and sufficient if it is in the words following, that is to say, "All my personal property and all my real estate, credits and effects, which may be seized and sold under execution," or if it is in words to the like effect; and an assignment so expressed shall vest in the assignee all the real and personal estate, rights, property, credits and effects, whether vested or contingent, belonging at the time of the assignment to the assignor, except such as are by law exempt from seizure or sale under execution or other legal proceedings, subject, however, as regards lands, to the provisions of "The Registry Act" and "The Real Property Act" as to the registration of the assignment. R.S.M. c. 8, s. 6. ments for benefit of be subject to this Act. 7. Every assignment hereafter executed in accordance All assignwith this Act for the general benefit of creditors, whether general the assignment is or is not expressed to be made under or creditors to in pursuance of this Act, and whether the debtor has or has not included all his real and personal estate, shall vest the estate, whether real or personal or partly real and partly personal, thereby assigned in the assignee therein named for the general benefit of creditors, and such assignment and the property thereby assigned shall be subject to all the provisions of this Act, and the provisions of this Act shall apply to the assignee named in such assignment. R.S.M. c. 8, s. 7. Assignments judgments, etc. 8. An assignment for the general benefit of creditors to take preunder this Act shall take precedence of all attachments of cedence of debts by way of garnishment where the money has not been executions, actually paid over to the garnishing creditor, as well as of all other attachments and of all judgments and registered certificates of judgments and of all executions not completely executed by payment, subject to the lien, if any, of execution or attaching creditors for their costs. R.S.M. c. 8, s. 8. Sheriff to seized. 9. If a deed of assignment as aforesaid has been duly hand over executed and registered, the sheriff or bailiff of a County property Court having seized property of the assignor under execution or attachment shall, upon receiving a copy of the assignment, duly certified by the clerk of the County Court in the office of which it is registered, forthwith deliver to the assignee all the estate and effects of the execution debtor in his hands, upon payment by the assignee to the sheriff or bailiff of his fees and charges and the costs of the execution creditors who have a lien as above provided. If the sheriff or bailiff has sold the debtor's estate or any part thereof, he shall deliver to the assignee the moneys so realized by him, less his fees and the said costs. The assignee shall have the same power to enforce a return and the same remedies for failure or neglect to return that an execution creditor has under "The King's Bench Act" or "The County Courts Act," or otherwise. R.S.M. c. 8, s. 9. |