CHAPTER 36. An Act respecting Compensation to Families of Persons HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: INTERPRETATION. 1. In this Act, unless the context otherwise requires (a) the expression "parent" includes father, mother, "Parent" grandfather, grandmother, stepfather, stepmother; and ་་་ (b) the expression "child" includes son, daughter, grand- "Child." son, granddaughter, stepson and stepdaughter. R.S.M. c. 31, s. 1. ACTIONS FOR DAMAGES. damages death. 2. Whenever the death of a person has been caused by Liability for such wrongful act, neglect or default as, if death had not through ensued, would have entitled the party injured to maintain an action and recover damages in respect thereof, in such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured. R.S.M. c. 31, s. 2. benefit brought. 3. Every such action shall be for the benefit of the wife, For whose husband, parent, child, brother and sister of the person action to be whose death has been so caused, and shall be brought by and in the name of the executor or administrator of the person deceased; and in every such action the judge or jury may How give such damages as he or they may think proportioned to damages the injury resulting from such death to the parties respectively for whom and for whose benefit such action has been brought. R.S.M. c. 31, s. 3. determined. Provision there is no six executor or 4. If there is no executor or administrator of the person for bringing deceased, or if there is such executor or administrator and action where no action has been commenced under this Act within months after the death of such deceased person by or in the name of the executor or administrator, then, and in every such case, such action may be brought by and in the name where he fails to act. Not more than one ac tion for same complaint. CAP. 36 COMPENSATION FOR DEATH BY ACCIDENT. or names of all or any of the persons for whose benefit such action would have been if it had been brought by and in the name of such executor or administrator, and every action. so to be brought shall be for the benefit of the same person or persons, and shall be subject to the same regulations and procedure, as nearly as may be, as if it were brought by and in the name of such executor or administrator. R.S.M. c. 31, s. 4. 5. Not more than one action shall lie for and in respect of the same subject matter of complaint, and every such action shall be commenced within twelve months after the death of the deceased person. R.S.M. c. 31, s. 5. CHAPTER 37. An Act respecting Constables and Peace Officers. HIS [IS 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 Constables Act." R.S.M. c. 32, s. 1. PROVINCIAL POLICE. chief of 2. The Lieutenant-Governor-in-Council may, from time May appoint to time, as may be found necessary in the administration of police, etc. justice and in the preservation of the peace and good order of society, appoint a chief of police and such subordinate officers as it shall seem to him expedient, who shall hold office during pleasure; and he may remove, supersede or dispense with them or any of them, and re-appoint others in their or his stead, at pleasure. R.S.M. c. 32, s. 2. special con or confer 3. The Lieutenant-Governor-in-Council may, from time May appoint to time, and as occasion shall require, appoint such number stables, etc., of special or other constables or peace officers, as to him the power of shall seem expedient, or confer the power of appointment upon others. thereof upon the chief of police or upon any other person or persons he shall see fit; and he may define their offices and positions, and assign their duties, and may prescribe such rules and regulations, and from time to time revoke or supersede the same with other rules and regulations, both for the governance of the chief of police and also of all others, as to him shall seem meet; and, generally, may do all such matters and things, and prescribe all such rules and regulations respecting the organization, maintenance, government and control of such chief of police, subordinates, constables and other officers, and of all persons under them, as shall to him seem necessary or expedient in or about the premises. R.S.M. c. 32, s. 3. Powers and jurisdiction of chief of police, etc. Power of the Lieut.-Gov.in-Council over all, in all things. 4. The chief of police and every subordinate officer, constable and person, so appointed as aforesaid, unless the contrary shall appear in the instrument of his or their appointment, shall, so long as he or they shall continue, or be continued, in such appointment, be a constable for, and have such jurisdiction in, and may execute his or their office and all process in, the whole or any part of the Province. R.S.M. c. 32, s. 4. 5. The Lieutenant-Governor-in-Council may, at all times and from time to time, in the case of the chief of police and of all subordinates and persons under him, whether officers, constables or privates, as he may in all other cases not provided for by law, fix and determine their compensation respectively, and, generally, order, direct and determine all matters and things connected with the management, ordering and arrangement of all matters connected with the office and duties of the chief of police, subordinate officers, constables, privates and other persons connected with him, them or any of them. R.S.M. c. 32, s. 5. Not to affect of appoint- PEACE OFFICERS GENERALLY. 6. Nothing herein contained shall be construed as limiting or affecting the power of the appointment of constables or of special constables in particular cases, or of peace or other officers in general, wherein and wherever such power of appointment now exists. R.S.M. c. 32, s. 6. 7. The Lieutenant-Governor-in-Council may, from time Lieutenant- to time, fix and determine the fees and allowances to be Governor-in- paid by the Government of Manitoba to constables. R.S.M. fix fees. c. 32, s. 7. Council to 8. It shall be the duty of every person in this Province, when called upon by any peace officer, promptly to aid and assist peace assist him in the execution of his duties, and whenever any Duty to officers. person shall wilfully neglect or omit so to do, he shall, in addition to any other penalty prescribed by law, on conviction before a justice of the peace, be subject to a fine not exceeding twenty dollars, and, in default of payment thereof forthwith upon conviction, to imprisonment in a common gaol for a period not exceeding thirty days. R.S.M. c. 32, s. 8. CHAPTER 38. An Act for Expediting the Decision of Constitutional and other Provincial Questions. HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: REFERENCE TO COURT OF KING'S BENCH. court or judge 1. The Lieutenant-Governor-in-Council may refer to the Reference to Court of King's Bench or a judge thereof, for hearing or consideration, any matter which he thinks fit to refer, and authorized. the court or judge shall thereupon hear or consider the same. R.S.M. c. 33, s. 1. judge to 2. The court or judge is to certify to the Lieutenant-court or Governor-in-Council its or his opinion on the question re-certify ferred, with the reasons therefor, which are to be given in opinion. like manner as in the case of a judgment in an ordinary action, and any judge who differs from the opinion of the majority may in like manner certify his opinion, with his reasons therefor, to the Lieutenant-Governor-in-Council. R.S.M. c. 33, s. 2. Attorney Canada. 3. If the matter relates to the constitutional validity Notice to of any Act which has heretofore been or shall hereafter be General of passed by the Legislature of this Province, or of some provision in any such Act, the Attorney-General of Canada shall be notified of the hearing in order to be heard if he sees fit. R. S. M. c. 33, s. 3. persons 4. The court or judge shall have power to direct that Notice to any person interested, or, where there is a class of persons interested. interested, any one or more persons as representatives of such class, shall be notified of the hearing, and such persons shall be entitled to be heard. R.S.M. c. 33, s. 4. of counsel to argue case. 5. Where any interest affected is not represented by Appointment counsel, the court or judge may in its or his discretion request some counsel to argue the case in such interest, and the reasonable expenses thereof shall be paid by the Provincial Treasurer. R.S.M. c. 33, s. 5. |