witness, and refuses or neglects to attend to give evidence: amended. 3. Section 38 of chapter 4 of the Revised Statutes, 1900, Section 38 is hereby amended by adding the following sub-section thereto : (2) All applications and notices of application to be registered, declarations, affidavits, and notices of appeal, and records and minutes of evidence, under the chapter hereby amended in the possession or control of revisers, or any reviser, or a sheriff, or registrar of voters for the City of Halifax or the City of Sydney, shall be open to the inspection of any voter in such city or county, as the case may be, at all reasonable hours without payment of any fee, and any voter may take copies thereof or extracts therefrom, and any reviser, sheriff, or registrar of voters who refuses or prevents inspection of any application, affidavit, notice of appeal or record or minute of evidence, in his possession or under his control, or who refuses or prevents the making of a copy thereof, or extract therefrom, shall be liable to a penalty not exceeding twenty dollars for each offence. CHAPTER 25. An Act to amend Chapter 4, Revised Statutes, 1900, entitled, "The Nova Scotia Franchise Act." Be it enacted by the Governor, Council, and Assembly, as follows: 1. Chapter 4, Revised Statutes, 1900, is amended by Sections added. adding thereto the following sections: from resolution 51. Any officer appointed under the provisions of this Appeal to jury Act, the tenure of whose office is, during good behaviour, of dismissal. who is removed from office or whose salary as such officer is reduced by resolution of the Council of any Municipality, Application, how made. Judge's decision. Application dismissed in certain cases. Judge may fix salary. Further powers of judge. incorporated town or city, may apply either to a Judge of the County Court for the County Court District in which the municipality, city or town in which, or in any part of which, the officer acts is situate, or to a Judge of the Supreme Court, within six months after such removal or such resolution to be reinstated in office or to have such resolution rescinded. 52. Such application shall be made on affidavit and a summons shall be issued calling upon the Mayor or Warden to show cause why such officer should not be reinstated or why such resolution should not be rescinded. 53. Upon the hearing of the summons, if the Judge decides that the removal was without due cause, he shall make an order that the officer shall be reinstated, and such officer shall forthwith thereafter be the officer de jure of the city, town or municipality, and the council shall admit him to all the rights, privileges, franchises and duties thereof and the salary of such officer shall continue and be held to have continued the same as if he had not been removed. 54. In case of a summons to rescind a resolution reducing the salary of any such officer, if the Judge determines that the resolution was made in the bona fide exercise of the discretion of the council, city, town, or municipality, and made in the public interest and with due regard to the efficient performance of the duties of such officer, the application shall be dismissed. 2. If the Judge determines that the salary of such officer before such reduction was made was excessive, he shall fix the salary at such amount as he deems adequate compensation for the service. 3. If the Judge determines that the said resolution was not made in the bona fide exercise of such discretion, or that the said resolution was for the purpose of compelling or inducing such officer to resign, he shall make an order rescinding such resolution, and the salary of such officer shall continue and be held to have continued the same as if no such resolution had been passed. CHAPTER 26. An Act to amend Chapter 73, Revised Statutes, 1900, entitled, "The Assessment Act." (Passed the 7th day of April, A, D., 1905.) SECTION I. Section 141 amended. Be it enacted by the Governor, Council, and Assembly, as follows: : an ended. 1. Section 141 of chapter 73 of the Revised Statutes, Section 141 1900, The Assessment Act" is amended by striking out the words "first day of July in each year," in lines one and two and inserting in lieu thereof the words "said thirtyfirst day of December." CHAPTER 27. An Act relating to the appointment of Assessors and the Be it enacted by the Governor, Council, and Assembly, as follows: 1. This Act shall only apply to municipalities in which application. by resolution of the council at the annual or half yearly meeting it is declared to be in force, and at any time thereafter any municipality which has adopted it, may by resolution rescind its operation and revert to the general law. 2. At the annual or half yearly meeting the municipal Assessor to be council shall appoint, (a) Two assessors for the whole municipality, or (b) One assessor for the whole municipality, and one as appointed. Remuneration. Power of assessors. Section 8 and 9 of assessment Act not to apply. Preparation of sistant assessor for each polling district in the municipality, who shall be a resident of the polling district for which he is appointed. 3. Such assessors shall be paid such remuneration as the council determines. 4. (1) Except as in this Act otherwise provided, all the powers and duties conferred or imposed upon assessors by chapter 73 of the Revised Statutes, 1900, " The Assessment Act," shall be exercised and performed throughout the whole municipality by such assessors, except that where only one assessor is appointed he shall be assisted in each polling district by the assistant assessor appointed for that district. (2) The assistant assessors shall in their respective districts carry out all the reasonable requirements of the assessor, and shall make the inquiry and obtain the information required of district assessors by The Assessment Act. 5. It shall not be necessary for the assessors or assistant assessors, or the clerk of the municipality, to comply with the provisions of sections 8 and 9 of The Assessment Act, but the assessors and assistant assessors or any of them, may require the form prescribed in said sections to be filled up and returned by any person, firm or corporation, and when so required the provisions of sections 10 to 13, both inclusive, shall apply to such person, firm or corporation. 6. In the preparation of the assessment roll, the provisions of the Assessment Act, shall be complied with, the following changes in said Act having first been made: (a) In section seven the word "November" in line two shall be deemed to be struck out, and the word "December" substituted; and the word "fifteenth" in the first line of said section is struck out and the word "first" substituted therefor. (b) In section 15, Rule 16, (1), the words "a majority of them" in line one, shall be deemed to be struck out, and the word "assessor" substituted, and the words "in municipal districts on or before the fifteenth day of November and in incorporated towns," shall be deemed to be struck out. (c) Sub-section 2 of section 27, shall be deemed to be struck out. (d) Sections 29 to 34, both inclusive, shall be deemed to be struck out. councillor. 7. It shall be the duty of the councillor for each polling Duty of district, from time to time to furnish to the municipal clerk, information as to any omissions from the assessment roll, specifying the nature and quantity of the property omitted, and the clerk shall thereupon make such additions to the assessment roll as are necessary, fixing the value of the property so omitted as nearly as may be according to the standard adopted by the assessors. in force. 8. The assessment roll when completed, shall, as corrected Assessment Roll from time to time by the municipal clerk, remain in force and effect for all purposes for a period of three years, unless the preparation of a new assessment roll is sooner required by the municipal council. CHAPTER 28. An Act to amend Chapter 37 Acts of 1903-4, entitled, "An Be it enacted by the Governor, Council, and Assembly, as follows: 1. Sections 2 and 3 of said chapter 37 of the Acts of Section 2 and 3, 1903-4, are hereby repealed. Chapter 37, Acts of 1903-4, repealed. 2. This Act shall not affect any existing civil litigation Effect of repeal. arising from the operation of the sections hereby repealed. |