section 10 of said Sub-section 2 of 1. Sub-section (2) of section 10, of chapter 122, of the Revised Statutes of Nova Scotia, 1900, is hereby repealed, lowing substitut- and the following substituted therefor: chapter 122 repealed and fol. ed. (2) Any person aggrieved by an order of a county court made ex parte or without notice hereunder, or under chapter 9 of the Acts of 1896, or by any such order as shall be hereafter made, may within one year after receiving actual notice thereof, apply by summons to the judge of the said county court who made said order, or to his successor in office, to set aside such order, and if upon such application it shall appear by the affidavit of the applicant or otherwise that the written consent for such adoption was obtained by fraud, duress or oppressive or unfair means of any kind, or that the person signing such consent did not do so of his own free will, or did not, at the time of signing the same, clearly understand the full effect and purport thereof, the said order may be set aside and the child restored to the person who has the legal or equitable right to its custody, or to such other person as the said court shall order. An appeal shall lie from such order to the Supreme Court sitting in banco. Section 3 of said chapter 151 amended. Application of CHAPTER 48. An Act to amend Chapter 151, Revised Statutes, 1900, "The Trustee Act." SECTION. (Passed the 4th day of April, A. D., 1901). 1. Section 3 of said chapter 151 amended. SECTION. 2. Application of Act. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Chapter 151, section 3, of the Revised Statutes, 1900, is amended by adding to the words "(c) In mortgages of real property," the words "or in the stock of any bank to which any of the provisions of the Banking Act of the Dominion of Canada apply, or in deposit receipts of any of such banks." 2. The provision so amended shall apply to all investments made in any such stock subsequently to the first day of February, 1901, as well as to future investments. CHAPTER 49. An Act to amend Chapter 159, Revised Statutes, 1900, "Of Municipal Courts." (Passed the 4th day of April, A. D., 1901). SECTION 1. Section 65 of said chapter 159 amended. Be it enacted by the Governor, Council, and Assembly, as follows: chapter 159 1. Section 65, of chapter 159, Revised Statutes, 1900, Section 65 of said "Of Municipal Courts," is hereby amended by striking out amended. the word "Antigonish" in the second line of said section. CHAPTER 50. An Act to amend the Barristers' and Solicitors' Act. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Section 58, sub-section 1, of the Barristers' and Section 58, subsection 1, chapter Solicitors' Act, being chapter 164 of the Revised Statutes of 164, Revised Statutes, amendNova Scotia, 1900, is amended by adding at the end of said ed. sub-section after the words "complained of," the words following: "The notice required by this sub-section shall, whenever Notice. it is practicable, be personally served on the party complained of, but if it is made to appear to the council on affidavit that from any cause prompt personal service of such notice cannot be effected, the council may make such an order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise, as seems just." 2. Section 58, sub-section 5, of said Act is amended by adding at the end of said sub-section after the word "writing" the words following: "Such evidence may be taken in whole or in part either before the council or before any one or more members thereof, or before any other person or persons, either within or without the Province of Nova Scotia, as the council may direct. "The Supreme Court, or any judge thereof, may, in the case of evidence directed to be taken outside the Province of Nova Scotia as aforesaid, direct the issue of a writ of commission for the taking of such evidence in the same manner as if in an action pending in said court. "The notice required by sub-section one of this section shall be received in evidence on affidavit or solemn declaration made before a notary public, either within or without the Province of Nova Scotia, by the person serving such notice, such affidavit or declaration to specify the time and mode of such service." Schedule A to amended by adaing names, etc. CHAPTER 51. An Act to amend Chapter 120, of the Acts of 1900, entitled, "An Act relating to the Stewiacke Valley and Lansdowne Railway Company, Limited." (Passed the 4th day of April, A. D., 1901). SECTION I. Schedule A to said chapter 120 amended by adding names, etc. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Schedule A" to said chapter 120 of the Acts of said chapter 120 1900 is hereby amended by adding thereto the following names of persons and amounts. The persons so named shall be paid by the Government of this Province such sums as are shown by satisfactory evidence to be due by or on account of the said company, not exceeding in any case the said amounts set opposite the names of said respectively in said amended schedule, namely: persons $ 73 06 158 50 45 00 20 00 An Act to amend Chapter 62, Revised Statutes, 1900, "Of the Protection of the Growth of Cranberries." Be it enacted by the Governor, Council, and Assembly, as follows: amended by 1. The said chapter is hereby amended by striking out Said chapter the word "two" from the second line of the second section striking out word of said Act and substituting therefor the words "eight section and subdollars and not less than four.' two in second stituting the following. how brought. 2. Prosecutions for violations of any of the provisions of Prosecutions, the said chapter may be brought as provided by chapter 161 of the Revised Statutes of Nova Scotia, 1900, Of Summary Convictions." CHAPTER 53. An Act to legalize Jury Panels, Assessment Rolls and Jury panels legalized for 1901. Revisers' lists legalized and assessment rolls Be it enacted by the Governor, Council, and Assembly, as follows: 1. All jury panels now made for use in 1901, whether grand or petit, drawn from jury lists at the terms of the Supreme Court at which the same are usually drawn, shall be and the same are hereby declared to be legal and valid, notwithstanding any defect in the preparation of the lists from which the same are drawn, or any informalities or irregularities that may have occurred in the making up of such lists, or as to the time at which the same were made up, and notwithstanding that such jury lists have not been published as required by the Juries Act, and notwithstanding that the name of any justice of the peace may have been drawn from any such lists, and notwithstanding any error, omission or irregularity whatsoever in the preparation of such lists, the drawing of such panels, or anything connected therewith. 2. The assessment rolls for the present year, and the revisers' lists of electors, are hereby legalized and confirmed, for present year. notwithstanding any irregularities in appointment of assessors or revisers, or that the assessors were not appointed in accordance with the provisions of chapter 4 of Revised Statutes, 1900, and notwithstanding that such rolls or lists may not have been completed within the time limited therefor under chapter 5 of the Revised Statutes, "Of the election of members to serve in the House of Assembly," or of chapter 73 of the Revised Statutes, "Of Municipal Assessments," or any other statute in that behalf, and notwithstanding that the revisers may not have met on the proper day in March, and notwithstanding any errors, omissions, or irregularities in the preparation of such rolls or lists, or in any proceeding in connection therewith, or in certification thereof, and notwithstanding any irregularity in the appointment of revisers of assessment rolls, or any omissions or irregularities in their proceedings. |
