CHAPTER 58. An Act to Amend Chapter 1, Acts of 1921, "The Costs and Fees Act." (Passed the 17th day of April, A. D., 1923). Be it enacted by the Governor, Council, and Assembly, as follows: 1. Section 3 of Part II of Chapter 1 of the Acts Sec. 3. Part II, of 1921, "The Costs and Fees Act," is repealed, and repealed the following substituted therefor: substituted. and disburse 3. (1) (1) Every constable receiving or entitled to Constables fees receive any salary or other remuneration in that ments. capacity from any source whatsoever, including the Crown in right of the Province of Nova Scotia, or otherwise, shall, for executing or (when due diligence has been used) for attempting to execute process or warrants of commitment in case of a person charged with an indictable offence, be allowed such reasonable disbursements as the Prosecuting Officer having cognizance of the case deems proper. (2) Every other constable shall, for executing or (when due diligence has been used) for attempting to execute process or warrants of commitment in case of a person charged with an indictable offence, be allowed the fees in that behalf, prescribed in the first schedule of Part II to this Act, or in lieu of those fees, he may be allowed such reasonable disbursements and such sum for each day necessarily spent by him in executing or so attempting to execute such process or warrant of commitment as the Prosecuting Officer having cognizance of the case deems proper. CHAPTER 59. 8. s. 1, Sec. 16, First Schedule, Part I, amended. Sec. 17, First proclamation. An Act to Amend Chapter 1 of the Acts of 1921, entitled, "The Costs and Fees Act." (Passed the 23rd day of April, A. D., 1923). Be it enacted by the Governor, Council, and Assembly as follows: 1. Sub-section 1, entitled "Commissioners' Fees,' of Section 16, entitled "Fees under The Collection Act," of the first schedule to Part I of Chapter 1 of the Acts of 1921, entitled, "The Costs and Fees Act," is amended by inserting between the word "each' and the word "Commissioner" wherever those words occur in said section the words "Examiner under the Collection Act for the City of Halifax." 2. Section 17, entitled "Fees under The Indigent Debtors' Act," of the first schedule to Part 1 of Chapter 1 of the Acts of 1921, entitled "The Costs and Fees Act," is amended by inserting between the word "each" and the word "Commissioner" wherever the same occur the words "Examiner under the 'Collection Act for the City of Halifax." Act in force by 3. This Act shall come into force on, from and after and not before such day as the Governor-inCouncil orders and declares by proclamation. Section 8, amended. First Schedule, Part I, amended. 4. Section 8 of Chapter 1, Acts of 1921, “Costs and Fees Act" is amended by adding at the end thereof the following words: "and except fees to be taken by or paid to Judges of Probate and Registrars of Probate respectively, where the Estate does not exceed four hundred dollars." 5. First schedule to Part 1 of said Chapter is amended by striking out the figures "6.00" where they occur under "Courts of Probate" on page 35, and substituting therefor the figures "4.00", and by striking out the figures "6.00" where they occur under "Fees to be taken by Registrar of Probate" on page 37 and substituting therefor the figures "4.00”. CHAPTER 60. An Act to Amend Chapter 2, Acts of 1921, entitled, (Passed the 17th day of April, A. D., 1923). Be it enacted by the Governor, Council, and Assembly, as follows: repealed; 1. Section 27a (1) of Chapter 2 of the Acts of Section 27 a (1) 1921, "An Act to Amend and consolidate the Acts for substituted. the Preservation of Game and the Protection of Woods against fires," is repealed, and the following substituted. 27a. (1) Section 25, except Sub-section (2) thereof, shall not apply to the Municipality of West Hants nor to the Municipality of East Hants, but in lieu thereof, the following sub-sections shall apply to each of such Municipalities: sub-section 2, 2. Section 27a, Sub-section 2 of Chapter 2 of Section 27 a, the Acts of 1921, is amended by striking out the amended. words "Municipality of West Hants" in the first line of said sub-section and inserting in lieu thereof the words "Municipalities of West Hants and East Hants respectively." CHAPTER 61. Sub-section added to Section 4. Partnership cannot be reg An Act to Amend Chapter 4, Acts of 1921, “The (Passed the 17th day of April, A. D., 1923). Be it enacted by the Governor, Council, and Assembly, as follows: 1. Section 4 of Chapter 4 of the Acts of 1921 is amended by adding thereto the following sub-section: 2. No partnership shall be registered under a istered with name identical with that of any other subsisting partor resembling nership or company incorporated or unincorporated already reg'd. or so nearly resembling the same as to be calculated name identical Section 19, amended. to deceive except in a case where such subsisting partnership or company is in the course of being dissolved and testifies its consent in such manner as the Registrar requires; provided that this sub-section shall not apply to a partnership which carries on business under the name or names of one or more of the partners. 2. Section 19 of said Chapter 4 is hereby amended by adding thereto the following words: Provided that in the event of a certificate of registration having been cancelled owing to the dissolution of the partnership, the members of such partnership shall be capable of bringing and maintaining an action, suit or other proceeding in any Court in Nova Scotia in respect to any contract at any time made by the partnership in the same manner and as effectual to all intents and purposes as if this Act had not been passed. This section shall be read and construed and shall apply as if it had been enacted on the first day of July A. D., 1921. CHAPTER 62. An Act to Amend Chapter 12, Acts of 1921, “An Act to Provide for the Consolidation and Revision of the Public Statutes of the Province." (Passed the 6th day of April, A. D., 1923). Be it enacted by the Governor, Council, and Assembly, as follows: amended. 1. Chapter 12 of the Acts of 1921, “An Act to Pro- Preamble vide for the Consolidation and Revision of the Public Statutes," is hereby amended by striking out of the preamble the words "present session" in the seventh line thereof and substituting therefor the words "Session of 1923." 2. Section 1 of said Chapter is amended by Section 1, striking out the words "present session" in the sixth amended. line of said section and substituting therefor the words "Session of 1923." 3. Said Chapter 12 is further amended by striking Chapter furout the figures "1921" wherever they occur in said ther amended. Chapter and substituting the figures "1923" therefor. CHAPTER 63. An Act to Amend Chapter 19, Acts of 1921, “The (Passed the 6th day of April, A. D., 1923). Be it enacted by the Governor, Council, and Assembly, as follows: Ch. 19, 1921, Sec. 2, Ch. 48, 1. Sub-section 5 of Section 61 of Chapter 19 of the s. s. 5.Sec. 61, Acts of 1921, as enacted by Section 2 of Chapter 48 of as enacted by the Acts of 1922, is amended by striking out the Rom- 1922, amended. an Numerals (iii) in the twelfth line of said sub-section and inserting in lieu thereof the Roman Numerals (ii). This section shall be read and construed and shall apply as if same has been enacted on the twenty-ninth day of April, A. D., 1922. |