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An Act to amend Chapter 171, Revised Statutes, 1900, "The Mechanics' Lien Act."
(Passed the 23rd day of April, A. D. 1909.)
SECTION 1 Section 36 repealed, another substituted.
Be it enacted by the Governor, Council, and Assembly, as follows:---
Section 36 re
1. Section 36 of chapter 171 of the Revised Statutes, pealed, an1900, "The Mechanics' Lien Act," is repealed and other substithe following substituted therefor:-
36. (1) The costs of the action under this act awarded by the judge or other officer trying the action to the plaintiffs and successful lien holders, shall not exceed in the aggregate an amount equal to twenty-five per cent. of the amount of the judgment, besides actual disbursements, and shall be in addition to the amount of the judgment, and shall be apportioned and borne in such proportion as the judge or other officer who tries the action nay decide.
(2) Where the costs are awarded against the plaintiff or other persons claiming the lien, such costs shall not exceed an amount in the aggregate equal to twenty-five per cent of the claims of the plaintiff and other claimants, besides actual disbursements, and shall be apportioned and borne as the judge or said other officer may direct.
(3) In case the least expensive course is not taken by a plaintiff under this act, the costs allowed to the solicitor shall in no case exceed what would have been incurred if the least expensive course had been taken.
(4) Where a lien is discharged or vacated under section 24 of this act, or where in an action judgment is given in favour of or against a claim for a lien, in addition to the costs of an action, the judge or other officer may allow a reasonable amount for costs of drawing and registering the lien or for vacating the registration of the lien.
(5) The costs of and incidental to all applications and orders made under this act, and not otherwise provided for, shall be in the discretion of the judge or officer to or by whom the application or order is made.
An Act to amend the Collection Act, Chapter 182,
(Passed the 23rd day of April, A. D. 1909).
SECTION 1. Sub-section (d) of Section 8 repealed, another substituted.
Be it enacted by the Governor, Council, and Assembly, as follows:-
Sub-section (d) 1. Sub-section (d) of section 8 of chapter 182,
of section 8
repealed, an- Revised Statutes, 1900, is repealed, and the following substituted therefor:
(d) That he has endeavored, but has been unable to obtain satisfaction of such judgment, by execution directed against the personal property of the debtor; or
That he has made careful inquiry and cannot find that the debtor has any personal property whereon to levy, and verily believes that an attempt to obtain satisfaction of such judgment by execution directed against the personal property of the debtor, would result in needless expense and would prove ineffectual.
An Act to amend Chapter 26, Acts of 1908, entitled "An Act to amend Chapter 185, Revised
Statutes, 1900, 'Of Costs and Fees.""
Be it enacted by the Governor, Council, and Assembly as follows;
1. Section one of chapter 26 of the acts of 1908, Section 1 entitled "An Act to amend chapter 185 of the Revised Statutes, 1900, "Of Costs and Fees, "is amended by striking out all the words after "follows" in the ninth line thereof, and substituting therefor the words "For any sum not exceeding $200.00, five per cent; for any sum exceeding $200.00 but not exceeding $400.00, five per cent. or on the first $200.00, and four per cent on the remainder; for any sum exceeding $400.00, five per cent on the first $200.00, four per cent on the second $200.00, and two and one-half per cent on the remainder. "
2. Section 5 of said chapter 26 is amended by Section 5 striking out of the first the lines thereof the words "Of schedules of Sheriffs," and by inserting the word "not," after the word "money money" in the sixth line of
3. The schedule of fees payable to Sheriffs and Schedule constables under "The Collection Act," at the top of page 854 of the Revised Statutes, 1900, volume 2, is amended by adding thereto the following words and figures,-"Necessary travel one way to serve order for appearance of debtor, per mile, 10c."
Sections added to Chapter 7,
An Act to Amend Chapter 7, Acts of 1902, "The
(Passed the 23rd day of April, A. D, 1909.)
SECTION 1. Sections added to Chapter 7, Acts 1902.
Be it enacted by the Governor, Council, and Assembly, as follows:
The following sections are added to chapter 7 of the Acts 1902. acts of 1902:
15. Every debenture hereafter issued by any town or municipality, under the authority of any act of the province of Nova Scotia, shall have printed or lithographed thereon, a certificate in the following words and figures:
"This bond is one of an issue of. dollars, authorized by chapter... acts of the Province of Nova Scotia 19......and this certificate is endorsed hereon pursuant to The Municipal Debentures Act and the amendments thereof."
Commissioner Municipal Sinking Funds.
16. Every debenture so issued and bearing the said certificate signed by the Commissioner shall be valid and binding on the town or municipality issuing the same, and the validity of any such debenture so certified shall not be open to question in any court.
17. The Commissioner may grant the certificate above referred to, notwithstanding any irregularity in the proceedings prior to the issue of the debentures, if, in the opinion of the Commissioner the provisions
of the act under the authority of which the debentures were assumed to be issued, have been substantially complied with.
18. For the purpose of enabling the said Commissioner to sign the said certificate, he shall have power, either by himself, or any other person by him duly authorized for that purpose, to make all necessary examinations of the books, records or papers of any town or municipality, and to take the evidence on oath or by statutory declaration, of any officer of such town or municipality. All expenses incurred under this section shall be borne and paid by the town or municipality seeking the certificate required.
19. "Commissioner," as used in this act, means the Commissioner of Municipal Sinking Funds appointed under the provisions of chapter four of the acts of 1909.
An Act to amend Chapter 54, Acts of 1906, entitled
Be it enacted by the Governor, Council, and Assembly, as follows:
1. Section 7 of chapter 54 of the acts of 1906, Chapter 54 "The Children's Protection Act, 1906," is amended by added to adding thereto the following:
(h) Who is found after the hour of eight o'clock