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38. When the defendant proves a set off in an amount equal to or greater than the claim which the plaintiff has proved, judgment shall be given for the defendant for his costs, or for the balance found to be due to bim with costs, as the case may be, provided such balance does not exceed two hundred dollars.

4. Section 65 of the said The Municipal Courts Sec. 65, Ch. Act is repealed.

159, R. S. 1900;

repealed.

1,

5. Sub-section 1 of Section 1 of Chapter 160, s. s. 1. Sec. 1 Revised Statutes, 1900, entitled, "Of Civil Procedure 1900, repealed; in Justices' Courts," is repealed and the following substituted therefor:

(1) In actions for debt:

(a) where the whole dealing or cause of action does not exceed twenty dollars, one Justice of the Peace; and

(b) where the whole dealing or cause of action exceeds twenty dollars and does not exceed eighty dollars, two Justices of the Peace for the County in which the defendant resides or in which the debt or cause of action arose shall have and exercise jurisdiction except where the defendant resides or the debt or cause of action arose in a city or an incorporated town in the Province.

substituted.

Actions for debt.

Schedule to

6. (1) Section 7 entitled, "The Municipal Sec. 7. First Courts" of the First Schedule to Part I of the Costs Part 1, Ch. 1, and Fees Act, Chapter 1 of the Acts of 1921, is amend-deced by adding to the said section the following subsection:

COUNSEL FEES.

tion

(3) In contested cases where counsel has Counsel fee. acted on the trial for the party succeeding, a counsel fee not exceeding ten dollars.

(2) This section shall not apply in respect of the Not applicable City Civil Court of the City of Sydney.

to City Civil Court, Sydney.

Secs. 168 and 179, Halifax

7. Sections 168 and 179 of The Halifax City City Charter, Charter as those sections are enacted by Section 18 Ch. 77, 1921, of Chapter 77 of the Acts of 1921, are amended by

as enacted by

amended.

1 Sec. 217,

(a) striking out the words "one hundred dollars" wherever they occur in said sections and substituting therefor the words "two hundred dollars."

Clause (c) s. s. 8. Clause (c) of Sub-section 1 of Section 217 Halifax City of The Halifax City Charter, as that section is enacted acted by Ch. by Chapter 77 of the Acts of 1921, is repealed and the following substituted therefor:

Charter as en

77, 1921, re

pealed; sub

stituted.

Counsel fees.

Sec. 367, Ch.

(c) in all cases where judgment is by default and where a solicitor has acted for the judgment creditor, a solicitor's fee of five dollars;

In contested cases where counsel has acted on the trial for the party succeeding,a counsel fee not exceeding ten dollars.

9. Section 367 of Chapter 174 of the Acts of 1903, pealed; sub entitled, "An Act to incorporate The City of Sydney," is repealed and the following substituted therefor:

174, 1903, restituted.

Municipal Courts Act applicable.

Solicitors and counsel fees.

367. (1) The Municipal Courts Act, Chapter 159, Revised Statutes, 1900, and amendments thereto, including amendments enacted at the session of the Legislature at which this section is enacted, shall where not otherwise provided in this Act or amendments thereto, be deemed to apply and govern in regard to the organization, jurisdiction, powers and procedure of the City Civil Court of the City of Syd

ney.

(2) In addition to the fees allowed by the Court and provided in the schedule to The Costs and Fees Act, solicitors and counsel fees as between party and party and solicitor and client may be taxed and allowed by the stipendiary as follows:

(a) in all cases where judgment is by default and where a solicitor has acted for the judgment creditor, a solicitor's fee of five dollars.

In contested cases where counsel has acted on the trial for the party succeeding, a counsel fee not exceeding ten dollars.

Court may is

tachment.

(3) The City Civil Court, in addition to the powers City Civil already conferred, may issue writs of attachment for sue writs of atamounts of twenty dollars or upwards in accordance with the provisions of Order 46 and rules thereunder of the Judicature Act; and the provisions of said order and rules with the necessary variations shall be held to apply to the City Civil Court, and the procedure therein shall be the same as in the Supreme Court.

CHAPTER 28.

An Act to Amend Chapter 163, Revised Statutes, 1900, entitled, "Of Witnesses and Evidence" as

Amended.

(Passed the 6th day of April, A. D., 1923).

Be it enacted by the Governor, Council, and Assembly, as follows:

1. Chapter 163 of the Revised Statutes, 1900, en- Section added. titled: "Of Witnesses and Evidence," as amended, is amended by inserting between Section 25 and Section 26 thereof the following section:-

books of regis

by Registrar of

25. (a) No writ of supoena, no summons and no Production of other process shall be issued or sued out requiring a try or records Registrar of Deeds to bring or produce before any Deeds. court, judge or officer, any books of registry or any other records pertaining to the officer of Registrar of Deeds except upon an order of the Court, Judge or officer having jurisdiction in the cause or matter in respect of which the books of registry or records are required to be brought or producted.

CHAPTER 29.

Sec. 2 Ch. 164,

R. S. 1900

An Act to Amend The Barristers and Solicitors Act.

(Passed the 23rd day of April, A. D., 1923).

Be it enacted by the Governor, Council, and Assembly, as follows:

1. The last three lines of Section 2 of Chapter amended Ar- 164 of the Revised Statutes 1900, "The Barristers and Solicitors Act," is repealed and the following substituted therefor:

ticled clerk.

Sec. 7, repealed, substituted.

Articled clerks to Register.

Qualifications for enrollment.

"Articled Clerk" means a student-at-law who has bound himself by contract in writing to serve with a practicing solicitor and has been duly enrolled as an articled clerk in accordance with the provisions of this Chapter.

2. Section 7 of said Chapter 164 is repealed and the following section substituted therefor:

(1) No person shall be considered an articled clerk unless he has been duly enrolled as an articled clerk in the Register of Articled Clerks to be kept by the society for that purpose.

(2) No person shall be enrolled as an articled clerk unless he

(a) has either passed such preliminary examination as may from time to time be prescribed by the regulations of the society, or has presented to the Council a satisfactory certificate or certificates entitling him under the said regulations to exemption from such preliminary examinations and,

(b) has paid to the Treasurer the fees prescribed by the regulations of the society, and,

(c) has filed his articles of clerkship or a duplicate thereof with the Secretary.

3. Section 8 of said Chapter 164 is repealed and Sec. 8, rethe following section substituted therefor:

pealed; substituted.

8. (1) Any person enrolled as an articled clerk Certificate. shall be entitled upon payment of the prescribed fee to a certificate that he has been duly enrolled as an articled clerk.

vice.

(2) The term of service for articled clerks shall Term of serbe computed from the date named in such certificate as the date of his enrollment as an articled clerk.

preliminary

(3) The articles of clerkship shall be accompanied Evidence of by evidence satisfactory to the Council that the education. student filing the same has passed such preliminary examinations as may from time to time be prescribed by the regulations of the society or by a certificate or certificates satisfactory to the Council that the student possesses such preliminary education as entitles him, under the said regulations to exemption, from the said preliminary examination.

Sec. 12, amend

4. Section 12 of said Chapter 164 is amended by Clause (a), adding to Clause (a) of said section the following ed. paragraph:

provinces or

(iii) service under articles of clerkship in any Service in other other Province of Canada or in any of His Maj- dominions. esty's dominions may be accepted in whole or in part by the Council in lieu of the service hereinafter prescribed and the term of service of any person under articles of clerkship in this Province may be reduced by the Council accordingly, provided it be established by evidence satisfactory to the Counch that the person seeking to have such service elsewhere accepted had before entering upon such service attained a standard of preliminary education equivalent to that required by the regulations of articled clerks in this Province.

pealed; sub

5. Said Section 12 is further amended by repealing Clause (c) reClause (c) thereof and substituting the following stituted. clause:

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