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oath for

tive Council

ployees under

22. In the case of the clerk of the Executive Council Additional and all employees under him, and in the case of any officer clerk Execuor employee of whom the Lieutenant-Governor-in-Council and emrequires the same, there shall be added to the oath at the him. asterisks in the form of the oath in said schedule A to this Act the words contained in schedule B to this Act. R.S.M. c. 25, s. 22.

such oaths to

23. The clerk of the Executive Council shall take and Before whom subscribe the said oaths before the Lieutenant-Governor or be taken and someone appointed by him to administer the same; in the subscribed. case of persons residing or coming to reside at the City of Winnipeg, the oaths shall be taken and subscribed before the clerk of the Executive Council; in other cases the oaths may be taken and subscribed before a justice of the peace, who shall forward the same to the clerk of the Executive Council. R.S.M. c. 25, s. 23.

oaths.

24. The clerk of the Executive Council shall keep a Register of register of all such oaths. R.S.M. c. 25, s. 24.

Sec. 52 of

25. The provisions of section 52 of "The Manitoba Evi- Provisions of dence Act" shall not apply to the foregoing oaths. c. 25, s. 25.

R.S.M. Manitoba

Evidence Act not to apply.

SALARIES.

civil service

26. The salaries of all employees in the civil service Salaries of all and of the clerk of the Legislative Assembly and the Pro- employees. vincial auditor shall be fixed and determined by the Legis- How to be lative Assembly; but nothing in this Act shall prejudicially affect the salary or emolument of any member of the civil Exceptions. service at the time of the passing of this Act so long as he may be continued in office, nor shall anything herein contained affect any salary or emolument granted or fixed by any Act now or which may hereafter be in force. R.S.M. c. 25, s. 26.

ORGANIZATION.

27. The staff of each Department shall be divided as Staff of Defollows:

1st. The chief clerk;

2nd. The senior clerk of each branch, bureau or subdepartment, provided the Department is so divided;

3rd. Ordinary clerks;

4th. Messengers.

partments, how divided.

Classification

of employees,

on what

basis made.

Departments

may be

divided into branches from time to time.

The classification of employees shall be made irrespective of salary or of seniority of service, and according to merit and the work performed. R.S.M. c. 25, s. 27.

28. The Lieutenant-Governor-in-Council may, from time to time, divide any Department into as many branches, bureaus or sub-departments as may appear most convenient for the public service, and one of the clerks in such Department may be appointed the senior clerk of such branch. R.S.M. c. 25, s. 28.

Attendance.

how regulated.

Attendance book to be

kept in each Branch, etc.

Department,

Head of
Department

employee and
re-instate
him.

REGULATIONS.

29. The Lieutenant-Governor-in-Council may regulate the hours of attendance of the employees in each Department. When the public service demands, in case of pressure or urgency, that additional time be given, such additional time as the head of any Department may require shall be given by any or all employees, without their being entitled to additional compensation. R.S.M. c. 25, s. 29.

30. There shall be kept in each Department at the seat of Government, and in each branch, bureau or sub-department where the offices of such branch, bureau or sub-department may not be situated in the same building as the Department of which it may form a part, as well as in each office of the second or outside division, a book to be called the attendance book, in such form as may be determined by the Lieutenant-Governor-in-Council, in which each employee shall sign his name at such times as may be determined by the Lieutenant-Governor-in-Council. R.S.M. c. 25, s. 30.

31. The head of a Department may suspend from the may suspend performance of his duty, or from the receipt of his salary, any employee guilty of misconduct or negligence in the performance of his duties, and may subsequently remove such suspension; but no person shall receive any salary or pay for the time during which he was under suspension. If in of employees any one year any employee is suspended more than twice his appointment shall thereby become void. R.S.M. c. 25, s. 31.

Appointment

suspended

more than twice in one year void.

Application

for increase of salary,

how considered.

32. Any application for increase of salary made by any member of the civil service, or by any other person on his behalf with such member's consent or knowledge, shall be considered as a tendering of the resignation of such member. R.S.M. c. 25, s. 32.

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absence, who

33. The head of a Department may, at such times as Leave of may be convenient, grant to each person in the Department may grant. leave of absence for recreation for any period or periods not exceeding three weeks in each year; and the head of a Department may, in cases of illness or other pressing necessity, grant such extended leave, not exceeding twelve months, and on such terms as the Lieutenant-Governor-in-Council may think fit. R.S.M. c. 25, s. 33.

when extra

skilled.

34. No extra clerk shall, except under an order-in-council, Extra clerks, be employed in any Department, unless for a period not pay. etc. exceeding three months, for which he may be paid at a rate not exceeding two dollars and a half per day out of the appropriation of the Department on the certificate of the head thereof, except only that if such extra clerk be an Provision accountant or a person of special attainments, and employed clerk is as such, he may be paid at a rate not exceeding the ordinary charge for such services. But any extra clerk may, under an order-in-council, made on the application and report of the head of the Department that the same is requisite, be employed for a longer period than three months, and he shall during such period be borne on the pay list of the Department. At the end of six months such extra clerk shall only be retained in the Department as a probationary clerk, if examined and appointed as such in the manner required herein. R.S.M. c. 25, s. 34.

SCHEDULES.

The following are the schedules referred to in this Act:

SCHEDULE A-(SECTION 21).

FORM OF OATH;

I, A. B., do solemnly and sincerely swear that I will faithfully and honestly fulfil the duties which devolve upon me as

and that I will not ask or receive any sum of money, services, recom-
pense or matter or thing whatsoever, directly or indirectly, in return
for what I have done or may do in the discharge of any of the duties
of my said office, except my salary or what may be allowed me by
law or by an order of the Lieutenant-Governor-in-Council.
So help me God. R.S.M. c. 25, sch. A.

SCHEDULE B-(SECTION 22).

*

ADDITION TO OATH FOR CLERK OF EXECUTIVE COUNCIL AND OTHERS.

And that I will not, without due authority in that behalf, disclose or make known any matter or thing which comes to my knowledge by reason of my employment as (as the case may be). R.S.M. c. 25, sch. B.

CHAPTER 34.

An Act respecting Commissioners to make Inquiries
Concerning Public Matters.

Lieut.-Gov. may by commission of

inquiry confer certain powers.

Duty and

power of commissioners with reference to witnesses.

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

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1. Whenever the Lieutenant-Governor-in-Council deems it expedient to cause inquiry to be made into and concerning any matter connected with the good government of this Province, or the conduct of any part of the public business thereof, or the conduct of any institution therein receiving Provincial aid, or the adminstration of justice therein, and such inquiry is not regulated by any special law, the Lieutenant-Governor may, by. the commission in the case, confer upon the commissioners or persons by whom such inquiry is to be conducted the power of summoning before them any party or witnesses, and of requiring them to give evidence on oath, orally or in writing, and to produce such documents and things as such commissioners deem requisite to the full investigation of the matters into which they are appointed to examine. R.S.M. c. 26, s. 1.

2. The commissioner or commissioners shall then have the same power to enforce the attendance of such party or witnesses, and to compel them to give evidence, as is vested in any court of law in civil cases. R.S.M. c. 26, s. 2.

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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 Companies Act." Short title.

PART I.—JOINT STOCK COMPANIES.

APPLICATION OF PART.

2. This part applies to—

(a) all companies incorporated under it;

(b) all companies incorporated under "The Manitoba Joint Stock Companies Act," being chapter 30 of the Revised Statutes of Manitoba, 1902, or any Act or Acts for which said Act was substituted.

PROOFS.

be by

3. Proof of any matter which may be necessary to be Proofs may made hereunder may be by affidavit before any justice of affidavit. the peace, who is hereby authorized and empowered to administer oaths for that purpose, or before any person authorized by "The Manitoba Evidence Act" to take affidavits for use in Manitoba, or otherwise as the Provincial Secretary or other officer shall think proper. R.S.M. c. 30, s. 3.

4.

INCORPORATION BY LETTERS PATENT.

Lieut.-Gov.

The Lieutenant-Governor-in-Council may, by letters charter may patent under the great seal of the Province, grant a charter be granted by to any number of persons, not less than five, who shall peti- in-Council. tion therefor, constituting such persons and others who may

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