belonging to the society, and in all cases concerning any property, right or claim of the society may sue and be sued, plead and be impleaded. R.S.M. c. 15, s. 65. to prove 66. In actions or suits brought by any such society, it Not necessary shall not be necessary to prove the corporate existence of the incorporation. society. R.S.M. c. 15, s. 66. to realize 67. In addition to all other rights, such society may Action at law institute an action for the purpose of realizing on or bring- mortgage, etc. ing to sale any property mortgaged or assigned to the society as aforesaid. R.S.M. c. 15, s. 67. statement of 68. In any such last mentioned action it shall not be Form of necessary to set forth the special matters in the statement claim. of claim, but it shall be sufficient to allege that the defendant mortgaged or assigned, as the case may be, the property, describing the same, to the society, and that the amount, or sufficient part of the amount, stipulated by such party to be paid has become and remains due and owing, whereby an action hath accrued to the society to have the said estate and property sold. R.S.M. c. 15, s. 68. dence will such actions. 69. In order to maintain such action it shall be suffi- What evicient, in addition to the customary evidence of the mortgage suffice in or assignment of such property or estate, to prove by any one witness, whether in the employment of, or a shareholder in, such society or not, or by any other means, that the defendant is in arrear and indebted to the said society in, or exceeding, a sum on the accruing of which, by the terms of such mortgage, assignment or agreement, the said society has the right to have the said property or estate sold, any law to the contrary notwithstanding. R.S.M. c. 15, s. 69. and 70. Thereupon the court shall give judgment for the Judgment said amount, and by such judgment order the property to execution. be sold by the sheriff, after three insertions in the course of four months in The Manitoba Gazette; and it shall not be necessary for the sheriff to go through any formalities in seizing the lands or otherwise. R.S.M. c. 15, s. 70. ANNUAL STATEMENT. 71. The treasurer or other principal officer of every such society shall, on or before the first day of February in each year, prepare and sign in duplicate a general statement of the funds and effects of the society, specifying in whose custody or possession the said funds or effects were at the close of the preceding calendar year, with an account of every sum of money received and expended by or on account of the society during that year; and every such periodical statement shall be attested by two or more members of the society, appointed auditors for that purpose, who shall not be directors, and shall be countersigned by the secretary of the society; and every member shall be entitled to receive from the said society a copy of such periodical statement, without charge, and such treasurer or other principal officer shall then forthwith forward one of such duplicate statements to the Provincial Secretary, and, in default of so doing, without sufficient excuse, he shall be liable, on summary conviction, therefor before a police magistrate or two justices of the peace, to a fine of not less than ten dollars and not more than fifty dollars, and, upon default in payment, to imprisonment for a term not exceeding three months. 3 Geo. 5, c. 3, s. 1. CHAPTER 22. An Act for the Protection of Persons Employed in the HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Building Trades short title. Protection Act." 2 Geo. 5, c. 8, s. 1. INTERPRETATION. 2. In this Act (a) "building" shall include any structure roofed in or "Building." intended to be roofed in, and capable when completed of affording protection and shelter; (b) "excavation" shall mean any trench in the ground "Excavation" at a depth of more than four feet; (c) "inspector" shall mean an inspector appointed by a "Inspector." municipal council or by the Lieutenant-Governor-in-Council for the purpose of enforcing the provisions of this Act. 2 Geo. 5, c. 8, s. 2. INSPECTORS. 3. The Lieutenant-Governor-in-Council may appoint in- Lieutenantspectors to enforce this Act. 2 Geo. 5, c. 8, s. 3. Governor may appoint inspector. may order with pro Act. 4. Where any inspector finds that any provision of this Inspector Act is being violated in the case of any building or excava-compliance tion he may give such orders in writing as may, in his opin- visions of ion, be required to secure due compliance with such provision, and until such orders are carried out the work upon that Work to part of the building or excavation in which the default occurs orders shall be suspended. cease until obeyed. disobedience (2) Every person to whom an order of the inspector is Penalty for directed who disobeys, or knowingly permits any person to order. under his direction and control to disobey, such order or to carry on work in violation of the preceding sub-section Unsafe apparatus not to be used. Regulations with regard to floors of scaffolds. Swing scaffolds. Poles. Hoisting lumber. Openings for hoists. Ladders. before the order is carried out shall incur a penalty not exceeding fifty dollars for every day upon which such default occurs. 2 Geo. 5, c. 8, s. 4. APPLIANCES, ETC., TO SECURE SAFETY. 5. In the erection, alteration, repair, improvement or demolition of any building, no scaffolding, hoists, stays, ladders, flooring or other mechanical and temporary contrivances shall be used which are unsafe, unsuitable or improper, or which are not so constructed, protected, placed and operated as to afford reasonable safety from accident to persons employed or engaged upon the building or excavation. 2 Geo. 5, c. 8, s. 5. 6. The following regulations shall be complied with in the erection, alteration, repair, improvement or demolition of every building: (a) The floors of all scaffolding, whether standing or suspended from overhead, shall be at least four feet wide, and there shall be a railing or guard not less than three feet nor more than four feet from the flooring on the outside of the scaffolding for the protection of persons working thereon; (b) Where scaffolding or staging is "swung" or suspended from an overhead support it shall be so secured as to prevent its swaying to and fro; (c) Where poles are used in scaffolding they shall be securely lashed at every point of contact, and where square timber is used in scaffolding, it shall be securely spiked or bolted at every point of contact; (d) No lumber or timber shall be hoisted in a single sling; (e) Where hoists are used for raising materials the shafts or openings shall be protected at each floor by a barrier not less than three feet nor more than four feet from the level of the floor, and the barrier shall be placed not less than two feet from the edge of the shaft or opening in which the hoist is operated; provided that upon the level or floor in actual use by a hoist such barrier shall not be placed across the openings used for entrance or exits to or from such hoist; (f) All ladders shall extend at least four feet above any scaffold, staging or floor. 2 Geo. 5, c. 8. s. 6. be completed extent 7. Where the plans and specifications require the floors Flooring to to be arched between the beams thereof, or where the floors to certain or filling in between the floors are of fireproof material, the as building flooring or filling in shall be completed as the building or excavation progresses to not less than within three tiers of beams below that on which the iron work is being erected. progresses. ing to be extent as (2) Where the plans and specifications do not require Under-floorfilling in between the beams of floors with fireproof material completed to or brick work, the contractor for the carpenter work, in the certain course of construction, shall lay the under flooring of the building building on each storey as the building or excavation progresses to not less than within two storeys below the one to which the building has been erected. progresses. planked over. (3) Where double floors are not to be used, such con- Floors to be tractor shall keep planked over the floor two storeys below the storey where the work is being performed. beams to be on which erected. (4) If the floor beams are of iron or steel, the contractor Iron floor for the iron or steel work of a building or excavation in planked over course of construction or the owner of such a building or structural excavation shall thoroughly plank over the entire tier of work is being iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such, iron or steel work and for the raising or lowering of materials to be used in the construction of such building and such spaces as may be designated by the plans and specifications for stairways and elevator shafts. 2 Geo. 5, c. 8, s. 7. as to 8. In the case of what are known as skeleton steel frame Regulations buildings, compliance with the following regulations shall be skeleton sufficient and it shall not be necessary to comply with the buildings. requirements of section 7: frame to be the frame (a) As soon as the steel frame is erected to the first Each floor column splice above the first floor level, a flooring of two-planked as inch planking shall be laid over floor beams on the floor im- work reaches mediately below the first column splice, making a temporary floor above. floor over that part of the area of the building or excavation inside columns at that level, except in places where it is necessary to have openings for the passage of material for building above that point; when erection has reached a point level with the next column splice the planking used as a temporary floor at first column splice shall be removed and placed as before at second splice, and so on to the top of the building; |