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CHAPTER 53.

An Act to Amend Chapter 174, Revised Statutes,

1923, “The Nova Scotia Companies Act".

(Passed the 15th day of March, A. D. 1926.)

Be it enacted by the Governor, Council, and Assembly as follows:

Subsection added to 8. 99.

1. Section 99 of Chapter 174, Revised Statutes, 1923, “The Nova Scotia Companies Act” is amended by adding thereto the following sub-section:

Registrar may

(6) The Registrar may strike off the register of strike off regis ter company companies the name of any company against whom a final order made final order, winding up the company has been made, Up Act. under Winding either under "The Winding-up Act of the Dominion

of Canada”, or "The Winding-up Act of the Province of Nova Scotia".

CHAPTER 54.

An Act to Amend Chapter 180, Revised Statutes of
Nova Scotia, 1923, “The Nova Scotia

Railways Act".

(Passed the 19th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

S. 251 repealed; 1. Section 251 of Chapter 180, Revised Statutes substituted.

of Nova Scotia, 1923, “The Nova Scotia Railways Act” is repealed and the following substituted therefor:

When train not 251. Whenever in any city, town or village any beaded by loco motive engine train not headed by a locomotive, railway engine or or tender, company to station tender, is passing over or along a highway at rail most part. level which is not adequately protected by gates or

otherwise, the Company shall station on that part of the train, which is then foremost, a person who shall warn persons standing on, or crossing or about to cross the track of such railway.

CHAPTER 55.

An Act to Amend Chapter 196 of the Revised
Statutes of Nova Scotia, 1923, “The Rural

Telephone Act.”

(Passed the 19th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

1. Subsection 5 of Section 31 of Chapter 196 of %. 31 56. 5,

repealed the Revised Statutes of Nova Scotia, 1923, is repealed.

CHAPTER 56.

An Act to Amend Chapter 202 of the Revised Statutes

of Nova Scotia, 1923, “The Bulk Sales Act”.

(Passed the 19th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

1. Section 8 of Chatper 202, Revised Statutes 8. 8 amended. of Nova Scotia, 1923, is amended by inserting the word “liquidators” between the word "administrators" and the word “receivers” in the second line thereof.

CHAPTER 57.

An Act to Amend Chapter 225, Revised Statutes of

Nova Scotia, 1923, “The Evidence Act”.

(Passed the 15th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

1. Chapter 225, Revised Statutes of Nova Scotia, Section added. 1923, is amended by inserting immediately after Section 17 thereof the following section:

BANKERS' BOOKS.

Copy of entry prima facie evidence.

17a. (1) Subject to the provisions of this Section, a copy of any entry in any book or record kept in any bank shall in all actions be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded.

Proof of book or record.

(2) A copy of an entry in such book or record shall not be received in evidence under this section unless it be proved that the book or record was, at the time of the making of the entry, one of the ordinary books or records of the bank, and that it is in the custody or control of the bank or of the successor of the bank which made the entry, and that the entry was made in the usual and ordinary course of business of such bank. Such proof may

be given by any manager or accountant or former manager or accountant of the bank making the entry or its

successor and may be given orally or by affidavit. When bank not a party to pro

(3) A bank

A bank or officer of a bank shall not, in any opeding produc- legal proceeding to which the bank is not a party, pellable except be compellable to produce any book or record the

contents of which can be proved under this Section, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a court or judge made for special cause.

Court.

Application for liberty to in

(4) On the application of any party to any suit, spect books, eto action or other proceeding, to the Supreme Court

or any Judge thereof, or to any Judge of the County Court in whose District the books containing any such account are situate, such court or Judge may order that such party be at liberty to inspect and take copies of and entries in the books or records of a bank for any of the purposes of such proceedings. Unless otherwise ordered by the court or Judge, notice of the application shall be served upon the person whose account is to be inspected and upon the manager or accountant of the branch of the bank in which the book or books containing such account is kept, at least two clear days before the hearing of such application.

Costa in

(5) The costs of any application to a court or cretion of Court Judge under or for the purposes of this section, and the costs of anything done or to be done under an order of a court or Judge made under or for the purposes of this section, shall be in the discretion of the said court or Judge.

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defined.

(6) In this Section, "bank” means any bank Bank" to which The Bank Act applies, and includes any branch, agency or office of such bank.

Holidays

(7) Holidays shall be excluded from the compu-ezcluded. tation of time under this section.

CHAPTER 58.

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An Act to Amend Chapter 252, Revised Statutes,

1923, “The Costs and Fees Act”.

(Passed the 15th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

1. The fees to be taken at the Department of the Stormend added to

Schedule to Provincial Secretary as set forth in the schedule to Part I. Part 1 of Chapter 252, the Revised Statutes, 1923, "The Costs and Fees Act”, is amended by inserting between item (16) and item (17) thereof the following:

(16a) For commission for any person appointed Commissioner under Section 38, Revised Statutes, 1923, $5.00.

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CHAPTER 59.

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An Act to Amend Chapter 252, Revised Statutes,

1923, “The Costs and Fees Act”.

(Passed the 19th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and As

sembly as follows:
8. 3 of Sobedule
to Part I added 1. Section 3 of the Schedule to Part 1 of Chapter

252, Revised Statutes, 1923, is amended by adding
thereto at the foot of page 2310 the following:

KING'S PROCTOR'S FEES.

King's
Proctor

Fees.

Attendance at trial of hearing of Petition. ... $20.00
Every other necessary attendance, proceeding or
service, such amount as the Judge Ordinary may allow.

.

CHAPTER 60.

An Act to Provide for Defraying Certain Charges
and Expenses of the Public Service of the

Province.

(Passed the 15th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

Bupply for fiscal year.

1. The several sums of money hereinafter stated are granted to His Honour the Lieutenant-Governor for the purpose of defraying the undermentioned several charges and expenses of the public service for the fiscal year ending the 30th of September, 1926, and for the purpose of defraying the several charges and expenses of the public service that are chargeable to capital:

A sum not exceeding $276,551.81 for the Department of Agriculture.

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