Subsection added to S. 99. Registrar may strike off regis against whom 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: 1. Section 99 of Chapter 174, Revised Statutes, 1923, "The Nova Scotia Companies Act" is amended by adding thereto the following sub-section: (6) The Registrar may strike off the register of ter company companies the name of any company against whom a final order made final order, winding up the company has been made, under Winding- either under "The Winding-up Act of the Dominion of Canada", or "The Winding-up Act of the Province of Nova Scotia". S. 251 repealed; substituted. When train not headed by loco or tender, com man on foremost part. CHAPTER 54. An Act to Amend Chapter 180, Revised Statutes of (Passed the 19th day of March, A. D. 1926.) Be it enacted by the Governor, Council and Assembly as follows: 1. Section 251 of Chapter 180, Revised Statutes of Nova Scotia, 1923, "The Nova Scotia Railways Act" is repealed and the following substituted therefor: 251. Whenever in any city, town or village any motive engine train not headed by a locomotive, railway engine or pany to station tender, is passing over or along a highway at rail 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 (Passed the 19th day of March, A. D. 1926.) Be it enacted by the Governor, Council and Assembly as follows: repealed. 1. Subsection 5 of Section 31 of Chapter 196 of 8. 31, 88. 5, the Revised Statutes of Nova Scotia, 1923, is repealed.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 (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: Copy of entry prima facie evidence. Proof of book or record. When bank not a party to pro tion not by order of Court. BANKERS' BOOKS. 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. (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. (3) A bank or officer of a bank shall not, in any ceeding 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. Application for liberty to in (4) On the application of any party to any suit, spect books, ete 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. cretion of Court (5) The costs of any application to a court or Costs in dis 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. 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- excluded. tation of time under this section. CHAPTER 58. 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: Schedule to 1. The fees to be taken at the Department of the Item added 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. 8. 3 of Schedule to Part I added to. King's CHAPTER 59. 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 Assembly as follows: 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. 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. Supply for fiscal year. 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: 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. |
