CHAPTER 35. An Act to amend Chapter 113, Revised Statutes, 1900, "The Married Woman's Deeds Act," and Acts Be it enacted by the Governor, Council, and Assembly, as follows: Acts 1902, 1. Chapter 14 of the Acts of the Province of Nova Chapter 14, Scotia, passed in the year 1902, is hereby repealed. repealed. Such repeal shall not affect any proceedings or acts heretofore carried on or done, or now being carried on or done under the provisions of said Chapter. tain cases may execution of 2. In any case where a husband is entitled to Judge in certenancy by the courtesy in the real estate of his wife, dispose with and in any case where a married woman is unable to deed by husgive a valid deed of her real estate without her husband band. joining therein, if the husband of a married woman is, in consequence of being a lunatic, idiot, or of unsound mind (and whether he has been found such by inquisition or not), or is from any other cause incapable of executing a deed or conveyance, or if his residence is unknown, or if he is confined in a penitentiary or other prison for criminal offence, or if her husband has ceased to live with her without sufficient legal cause, or is living apart from his wife by mutual consent, or where an order for alimony has been made or if he has deserted her, or is resident without the Province, or if her husband's interests in her real estate has been sold under execution or otherwise disposed of, or if there is in the opinion of the judge any other cause for so doing, a judge may, by an order to be made by him in a summary way, upon the application of the wife-upon such evidence as to him seems meet, and upon such notice to the husband as he deems requisite dispense with the execution of the Form of order. Order to be registered. deed or conveyance by or concurrence of the husband therein in any deed or conveyance of the real estate of his wife, and enable the wife effectually to convey such real estate without such execution or by concurrence of the husband, and free from any estate of the husband by the courtesy, and all acts or deeds done or executed by the wife, in pursuance of such order in regard to her real estate, shall be done, executed or made by her in the same manner and with the same effect as if she were a feme sole, and when so done, executed or made by her shall be as good, valid and effectual as they would have been if the husband had become a party to and executed the same. Where, the residence of the husband is not known, or where the Judge shall so order, notice to him shall not be necessary. 3. The order may be in the form following, or to the like effect: "THE MARRIED WOMAN'S DEEDS Upon application of A. B. of ACT." the wife of C. B. (or formerly of, etc.,) I, Dated this day of A. D (Signature of Judge). 4. The order may be in duplicate or in as many parts as are necessary, and shall be signed by the Judge, and shall be registered in the registry office of the registry division wherein the lands to which the same relates are situate, upon its production and deposit, without any proof thereof; and such registration may take place either before or after the execution of the deed made in pursuance of such order. endorsed or deed. 5. The order may, if desired, be endorsed or writ- Order may be ten upon the deed to which the same relates, in which written on case it shall be registered as part of the deed, and the real estate to which the order relates may be described therein by reference to the description contained in the deed. to be 6. The affidavits and papers upon which the or- Affidavits, etc., der is obtained shall be filed with the Prothonotary of registered. the Supreme Court of the county or of one of the counties where the deed is to be registered. CHAPTER 36. An Act to amend Chapter 152, Revised Statutes, 1900, "Of Investment of Trust Funds in Certain Loan Companies.' (Passed the 13th day of May, A. D., 1913). Section. 1. Chapter 152, R. S. N. S., 1900, amended. Be it enacted by the Governor, Council, and Assembly, as follows: R. S., N. S., 1. Chapter 152 of the Revised Statutes of Nova Chapter 152, Scotia, 1900, is hereby amended by inserting after amended. the word "debentures," in the third line of subsection one of section one of said chapter, the words "deposit receipts and debenture stock." CHAPTER 37. An Act to amend Chapter 163, Revised Statutes, 1900, "Of Witnesses and Evidence.' Witness not excused because answer may incriminate him. Evidence not receivable in thereafter. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Chapter 163 of the Revised Statutes, 1900, is amended by inserting immediately after section 45 thereof, the following section: 45a. No witness shall be excused from answerany proceeding ing any question upon the ground that the answer to such question may tend to criminate him, or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any person; provided, however, that if with respect to any question the witness objects to answer upon the ground that his answer may tend to criminate him or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any person, and if but for this section the witness would therefore have been excused from answering such question, then, although the witness shall be compelled to answer, yet the answer so given shall not be used or receivable in evidence against him in any criminal trial or other criminal proceeding against him thereafter taking place other than a prosecution for perjury in giving such evidence. CHAPTER 38. An Act to amend Chapter 164, Revised Statutes, 1900, "Of Barristers and Solicitors." Be it enacted by the Governor, Council, and Assembly, as follows: Acts 1903-4, 1. Section 15 of said Chapter 164 of the Revised Chapter 17 of Statutes, 1900, as amended by Chapter 17 of the Acts repealed. of 1903-4, is repealed on and after the first day of July, A. D., 1916. 2. Sub-section (4) of section 24 of said Chapter Chapter 23, 164, as amended by Chapter 23 of the Acts of 1908, is Acts 1908, rerepealed and the following substituted therefor: substituted. pealed, another power to relieve (4) The Council shall have power to relieve any Council has barrister or solicitor from the whole or any portion barrister from of any fees, dues or moneys payable by such barrister fees. or solicitor to the Society up to the 30th day of June, 1913. 3. Section 30 of said Chapter 164 is amended by Sub-sections adding thereto the following sub-sections: added to section 30 of said chapter. costs not re (2) No solicitor shall be entitled to recover any Charges or charge in any court of law, or tax costs before any coverable untaxing master or judge, while not holding a certifi-less certificate cate as hereinbefore provided, nor shall any firm of solicitors recover or tax costs while any member of such firm is uncertificated. (Acts 1893, C. 27, s. 3). clerk not Library. (3) Every barrister or solicitor while uncertifi- Barrister or cated or the articled student or clerk of such uncer-allowed use of tificated barrister or solicitor, in any year as aforesaid, shall be excluded by the Librarian of the Law Library at Halifax from entering such Library, or |