Sub-section (b) repealed and substituted. CHAPTER 29. An Act to amend Chapter 70, Revised Statutes, 1900, "The Municipal Act." (Passed the 7th day of April, A. D., 1905.) SECTION 1. Sub-section (b) repealed and substituted. Be it enacted by the Governor, Council, and Assembly, as follows:: 1. Sub-section (b) of section 122 of chapter 70, of the Revised Statutes, 1900, is repealed and the following substituted therefor: (b.) Apportion and pay the road and bridge moneys under the provisions of "The Road Act" in those municipalities in which that Act is in force, under the provisions of chapter 67 of the Acts of 1898 and amendments thereof, in those municipalities in which such chapter 67 is in force, and under the provisions of chapter 77 of the Revised Statutes, 1900, “Of the Expenditure of Provincial Road and Bridge Grants," in the other municipalities. CHAPTER 30. An Act to amend Chapter 71, Revised Statutes, 1900, “The Nomination papers of person his rates not received. Be it enacted by the Governor, Council, and Assembly, as follows: But 1. Sub-section 2 of section 68 of chapter 71 of the who has not paid Revised Statutes, 1900, "The Towns' Incorporation Act," is amended by adding thereto the following words : no nomination papers shall be received unless accompanied by a receipt or certificate of the town clerk or treasurer, shewing that the person proposed to be nominated had fully paid his rates and taxes of all kinds for the previous year, at least ten days before the day for nominating candidates." added to. 2. Section 68 of said Chapter is further amended by Section 68 adding thereto the following sub-sections: (4) The nomination paper of any candidate who has served as mayor or councillor within three years shall not be valid, nor acted upon unless accompanied by the consent in writing of said candidate. (5) If a candidate for mayor or councillor die after the expiration of the time for nominating candidates and before the closing of the poll, or if elected die before taking the oath of office, the council and town clerk shall proceed, under the provisions of this Act, as if a vacancy had occurred in the office of mayor or councillor, as the case may be. amended. 3. Section 134 of said chapter, is amended by striking Section 134 out sub-section two (2) thereof and substituting therefor the following sub-section: (2) Such loan or loans shall not in the aggregate at any time exceed the sum of five thousand dollars, in towns where the total assessment in the town is less than one million dollars, and in towns where the total assessment of the town is over one million dollars, such loan or loans shall not in the whole be at any time more than one half of one per centum. of the total assessed valuation of said town, and when the amount is borrowed as provided for in this sub-section, the power to borrow shall cease until the said loans have been reduced when the power may again be exercised to the limit mentioned. amended. 4. Section 188 of said Chapter is amended as follows, Bection 188 by inserting between the words "Council" and "shall in the first line thereof, the words "except as herein before provided," and by adding thereto the following sub-section: (3) The Council may lay out or open or accept the dedication to the town of any street already opened up and built upon by private parties and in use by the people of the town, where in its opinion great damage would be done to adjoining property by taking the full width of fifty feet. added to. 5. Section 263 of said Chapter is amended by adding Section 263 thereto the following sub-sections: (75) To provide for and regulate the inspection of buildings within the town with a view to the prevention of fires and accidents from faulty construction, or for want of repair, or by reason of the unsafe arrangement of stoves and pipes, and for compelling the owners or occupiers of houses and buildings to make such alterations and repairs as may be deemed necessary for the safety of the public. (76) For regulating, controlling or prohibiting the use or occupation of buildings, halls, rooms or other places for public meetings, entertainments, amusements, or other gatherings, with a view to the prevention of accidents therein. Chapter 171 added to. Lien on mining property for labor. Priority of lien. CHAPTER 31. An Act to amend Chapter 171, Revised Statutes, 1900, "The Mechanics' Lien Act." Be it enacted by the Governor, Council, and Assembly, as follows: 1. Chapter 171 of the Revised Statutes, 1900, "The Mechanics Lien Act," is amended by adding thereto after section 13 the following section: 13A. (1) Every laborer or workman to whom wages is due by any person, firm or corporation for work or labor performed at a mine or in connection with mining operations carried on by such person, firm or corporation shall have a lien upon the property and mining leases or licenses in respect to which such work and labor has been performed to the extent of two months' wages. (2) Such lien shall have priority over all other liens, mortgages or charges upon the said property and mining leases or licenses whether the same are prior or subsequent to, the performing of such work and labor. lien not necessary property. (3) In the registration of such lien it shall not be neces-Registration of sary to describe the property and mining leases affected to describe thereby, but it shall be sufficient to designate such property and mining leases as the property and mining leases of such person or corporation. (4) Such lien shall be registered in the office of the Lien when Commissioner of Public Works and Mines at Halifax, as registered. well as at the Registry of Deeds, of the Registration District in which the mine is situate, and the provisions of "The Mechanics' Lien Act" shall, in so far as the same are applicable, apply to registration in the office of said Commissioner. when (5) Proceedings to enforce a lien created by this section Proceedings may be taken at any time within six months from the commenced. registration thereof and shall be deemed to be taken on behalf of all persons holding such liens at the time such proceedings are commenced or within thirty days thereafter. (6) In this section the expression "mine," means a mine Interpretation. to which the Coal Mines Regulation Act or the Metalliferous Mines Regulation Act applies and the expression "mining shall have the same meaning as the expression "to mine" in the Mines Act. CHAPTER 32. An Act to amend Chapter 36, Revised Statutes, 1900, "The (Passed the 7th day of April, A. D., 1905.) SECTION 1. Section 9 amended. Be it enacted by the Governor, Council, and Assembly, as follows: amended. 1. Chapter 36, of the Revised Statutes of Nova Scotia, Section 9 1900, is amended by striking out the words "which shall include any charge for a post mortem examination if such is made," in section 9, sub-section 2 thereof, and by adding to said section the following sub-section: (3) Such practitioner, if he shall make a post mortem examination, shall be entitled to receive from the municipal treasurer a further sum of five dollars for such examination, upon presentation of a certificate from the coroner by whom the inquest is held, that such examination has been made by the direction of a majority of the jury. Section 23 repealed and substituted. CHAPTER 33. An Act to amend Chapter 28. Revised Statutes, 1900, "The (Passed the 7th day of April, A. D., 1905.) SECTION I. Section 23 repealed and substituted. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Section 23, of Chapter 28, of the Revised Statutes of Nova Scotia, 1900, is repealed and the following substituted therefor: (23) During a vacancy in the office of sheriff for any county, or during a temporary absence of the sheriff from the county of which he is sheriff, or during the illness of the sheriff, and until the appointment of a sheriff for the county, or until the sheriff returns to the county, or until the sheriff becomes able to perform the duties of his office, the chief deputy sheriff shall discharge the duties of sheriff, and shall have all the rights, powers, authority and immunity of a sheriff, and all acts done by him in the discharge of his duties shall be as legal and effectual as if done by a sheriff. |