Order.

Effect of order,

Certain bodies not to be

removed

tained in such petition, such judge may order that the body or bodies shall be disinterred as prayed for. R.S.M. c. 16, s. 20.

22. Such order, sealed with the seal of the Court of King's Bench and signed by the prothonotary, being duly served upon or presented to the person owning or having the legal custody or charge of such church, chapel or burying ground, shall be a sufficient authority, subject, however, to the provisions hereinafter mentioned, for the disinterment prayed for, and shall save harmless every person concerned or taking part in any such disinterment. R.S.M. c. 16, s. 21.

1

23. The body of any such person who died of a contagious disease shall not be disinterred until after the expiration of within three three years from the interment of such body. R.S.M. c. 16, s. 22.

years.

Removal of old burial grounds.

Affidavit required.

Before whom

be sworn.

24. Whenever it is determined by the competent ecclesiastical authority in any parish or mission to remove any old burial ground, or to open a new burial ground within any parish or mission, any judge of the Court of King's Bench, on a petition being presented by the parish priest or missionary of the congregation to which such old burial ground belongs, or to whose use it is applied, may grant them a permission to cause or to allow all or any of the bodies buried in such old burial ground to be removed to such new burial ground. R.S.M. c. 16, s. 23.

25. No application made by any priest or missionary for the removal of any particular body shall be granted, unless accompanied by an affidavit as required by section 21 of this Act. R.S.M. c. 16, s. 24.

26. Such affidavit may be sworn to before the priest or affidavit may missionary or any of the persons otherwise authorized by "The Manitoba Evidence Act" to take affidavits for use in Manitoba, all of whom are hereby empowered to administer the requisite oath. R.S.M. c. 16, s. 25.

Permission required.

27. Before proceeding to any disinterment in any burial ground, permission to that effect shall be obtained from the competent ecclesiastical authority of the locality in which the same is situate. R.S.M. c. 16, s. 26.

PENALTIES.

28. Any person committing any infraction, or contributing to the commission of any infraction, of any of the provisions hereof shall incur a penalty not exceeding one

hundred dollars, which shall be recoverable with costs, within the next ensuing six months, by the municipality, or by any person who shall sue for the amount thereof, before two justices of the peace or before any other competent court of civil jurisdiction. R.S.M. c. 16, s. 27.

SAVING CLAUSE.

29. Nothing in this Act contained shall be construed to Reservation. interfere with the observance of any regulation made in this behalf by the Lieutenant-Governor-in-Council, or the Minister of Agriculture and Immigration, or any health officer or board of health, in pursuance of the powers conferred upon him or it by law, nor prevent a speedy burial where the case demands it to prevent the spread of disease. R.S.M. c. 16,

s. 28.

CHAPTER 25.

An Act respecting the Branding of Cattle.

Interpretation.

Register of brands.

Application for brand.

Registration.

Certificate of record of brand.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

1. This Act may be cited as "The Cattle Brand Act." 3 Ed. 7, c. 6, s. 1.

2. In this Act, unless the context otherwise requires,(a) "cattle" means any bull, steer, ox, cow, heifer or calf; (b) "Minister" means the Minister of Agriculture and Immigration. 3 Ed. 7, c. 6, s. 2.

3. There shall be kept in the Department of Agriculture and Immigration a register in which shall be recorded a full description of the brands or markings of cattle, the shape, size and locality thereof, and such other matters and things as the Minister may deem necessary, together with the date of such recording. 3 Ed. 7, c. 6, s. 3.

4. Any person desiring the allotment to him of a brand shall deliver or transmit to the Minister an application in form of schedule A hereto annexed. 3 Ed. 7, c. 6, s. 4.

5. The Minister, upon being satisfied that the application is in conformity with the provisions of this Act, and that no other person has been allotted the same markings or brand, and upon payment of a fee of one dollar, shall allot to such applicant a brand, record it in the register as aforesaid, and place a true copy thereof upon said application. The applicant shall then have the sole and exclusive right in the Province of Manitoba to adopt and use such brand. 3 Ed. 7, c. 6, s. 5.

6. Upon the recording of any brand as aforesaid the Minister shall deliver or transmit to the applicant, to whom such brand is alloted, a certificate of the record thereof, the production of which shall in any court be prima facie evidence of the ownership of such brand. 3 Ed. 7, c. 6, s. 6.

of brands

7. There shall be published in The Manitoba Gazette in Publication each month, a statement showing the name and address of the recorded. owner of each brand recorded during the preceding month, and the township and range in which such brand is to be in use, and a copy of the marking constituting such brand. 3 Ed. 7, c. 6, s. 7.

ownership.

8. In all suits at law or in equity, or in any criminal pro- Evidence of ceedings, where the title to any cattle is involved, the brand shall be prima facie evidence of the ownership of the person whose brand it may be, provided that a certificate of allotment of such brand has been duly issued under the provisions of this Act. 3 Ed. 7, c. 6, s. 8.

of right to

9. The right to any brand recorded under the provisions Assignment hereof may be transferred by the owner named in the brand. certificate signing in the presence of a witness an assignment thereof, the execution of which assignment shall be verified by an affidavit of the witness sworn to before a commissioner for taking affidavits, a notary public or a justice of the peace, and such assignment shall be filed in the office of the said Department, whereupon the Minister shall issue a new certificate to the assignee as "assignee" under a new number, but having the same brand markings and showing on the face thereof that same is in lieu of the original certificate, and such assignee shall pay therefor a fee of one dollar. 3 Ed. 7, c. 6,

s. 9.

Penalties for

10. Any person marking any of his cattle with the regis- o tered brand of any other person, or branding or attempting brands. to brand with his own or any other brand, or obliterating, altering, destroying or defacing any brand on any cattle not belonging to himself, without the consent of the owner of such cattle, shall be liable to a fine not exceeding two hundred dollars, and, in default of payment of such fine, to imprisonment for any term not exceeding three months. 3 Ed. 7, c. 6, s. 10.

branded

11. Upon every transfer of any cattle marked with the Sales of recorded brand of the transferor the transferor shall also cattle. mark his vent on the cattle so transferred unless, at the time of such transfer, the said brand is transferred to the transferee of such cattle:

Provided, however, that any transferee taking possession of any cattle for the purpose of slaughtering or shipping such cattle out of the Province may waive his right to claim that such cattle be branded with a vent mark, but in such case the

transferor shall give to the transferee a statement in the form of schedule B hereto, which shall be accepted as evidence of the transfer of such cattle wherever such evidence may be required for the space of thirty days from the date of such 3 Ed. 7, c. 6, s. 11.

statement.

SCHEDULE A.

THE CATTLE BRAND ACT.

To the Department of Agriculture and Immigration.

I (or we) desire to have allotted to me (or us) a brand and to have the same recorded in your office, and a certificate thereof duly forwarded to me (or us).

To all whom the same may in anywise concern:

Take notice that I have this day sold (numbers and description of animals sold) to (name of person).