shall take or retain any law student as an articled clerk; CHAP. 164. and no person shall have at any one time more than three not take articled articled clerks. 1899, c. 27, s. 22.

clerk. Soliitor may have three clerks.

not a solicitor or

69. No solicitor shall permit any person not a solicitor, No solicitor shall other than his articled clerk actually serving in his office, permit anyone to sue out any writ or process, or to prosecute or defend articled clerk to any action in his name. 1899, c. 27, s. 23.

sue out writ,

ments of married

women of execu

tion of deeds, and oath of witnesses to execution of,

may may be taken by

70. Every solicitor within the province may take Acknowledgacknowledgments of married women of the execution of deeds, and may administer oaths to subscribing witnesses to deeds relative to the execution of the same, and certify all such acknowledgments of married women, and solicitors. No of the attestation of such witnesses. No fee shall be charged or taken by any solicitor for services performed under this section. 1899, c. 27, s. 80.

COSTS OF SOLICITORS.

fee for.

&c., of barrister

be taxed by a

71. Any bill for fees, costs, charges, or disbursements Bills for fees, of a barrister or solicitor may be taxed by a judge of the or solicitor may Supreme Court, the taxing master at Halifax, or by the judge or taxing judge of the county court for any county in which any of master at Halithe business charged for in the bill was done; and pending of county court such taxation all proceedings to recover any part of such such court. bill shall be stayed. 1889, c. 27, s. 70 (part).

fax, or by a judge

for services in

instance of bar

client.

72. Such taxation may be had at the instance of any May be taxed at person claiming the whole or any portion of the amount rister, &c., or of of such bill, or at the instance of any person from whom such amount, or any portion thereof, is claimed. 1899, c. 27, s. 70 (part).

taxed although

table.

73. Every taxing authority named in this Chapter Items may be is empowered to tax and determine on any taxation, under not in scale or this Chapter the several items and amounts claimed for such fees, costs, charges, or disbursements, notwithstanding no scale or table of fees is now in force therefor. 1899, c. 27, s. 72 (part).

where fairly

work and ser

and reasonably

14. Any such taxing authority may, upon any such Table applied taxation, apply the table of fees provided by the Chapter applicable and "Of Costs and Fees," so far as such table extends and is vices necessarily fairly applicable; but all work and services necessarily performed, &c., and reasonably performed or rendered, and all disburse- and disbursements necessarily incurred, shall be allowed and taxed at incurred, &c. reasonable amounts, although not recoverable as between party and party. 1899, c. 27, s. 72 (part).

ments necessarily

may be allowed.

tion two days.

quired if ab

75. Two clear days' notice of the taxation of such Notice of taxafees, costs, charges, or disbursements shall be given by Notice not reany party applying to tax to the opposite party, unless he sconding, &c. is absconding or absent from the province, when no notice shall be required. 1899, c. 27, s. 72 (part).

CHAP. 164. 76. If the party having due notice refuses or neglects Ex parte taxa to attend the taxation, or it is proved on affidavit that tion on proof of he is absconding or absent from the province, the sconding, &c. taxing authority may tax the bill ex parte. 1899, c. 27,

notice or ab

tion fixed by tax

and costs of

party may be

s. 73.

Costs of the taxa- 77. The costs of the taxation incurred by both ing authority, parties shall be determined and fixed by the taxing authority, and the costs of any party may be, in whole or allowed to him. in part, allowed to him as the taxing authority deems just, and added to or deducted from the bill as taxed. 1899, c. 27, s. 74.

Appeal from taxation as in cases

between party Supreme Court

and party to

or judge.

Certificate of taxing author

amount payable.

78. The taxation of all bills, hereinbefore referred to, shall be subject to an appeal upon the same terms, and in the same manner, and subject to the same conditions, as in the case of costs taxed by the taxing master between party and party. But every such appeal under this Chapter shall be to the Supreme Court, or a judge thereof. 1899, c. 27, s. 75.

79. Subject to the right of appeal, the certificate of ity evidence of the taxing authority as to the amount of such bill, after taxation, shall be conclusive evidence of the amount payable in respect to the services and disbursements therein charged for. 1899, c. 27, s. 72 (4).

Reference to tax-
ation by order of
court in action
in which barris-
ter, &c., is a

80. In any action or proceeding to which a barrister or solicitor, or any person claiming under a barrister or solicitor, is a party, and in which any question arises party claiming respecting the amount of the fees, costs, charges, or

Certificate of taxing authority

be reviewed.

disbursements of such barrister or solicitor, for, or in connection with, any professional services rendered or performed by him, the court in which such action or proceeding is pending, or any judge thereof, at any time before or at the trial or hearing, on the application of such barrister or solicitor, or of the person claiming under him, or of any person or persons against whom any claim is made for or in connection with such fees, costs, charges, and disbursements, or any part thereof, may order such fees, costs, charges, or disbursements to be taxed before a judge, or before the taxing master, or before any judge of the county court, and the same shall be taxed accordingly. 1899, c. 27, s. 67.

81. The certificate of the taxing authority upon any binding but may such taxation, as to the amount of any such bill, shall be binding upon the parties to any such action or proceeding; but such proceeding may be reviewed, and such certificate may be set aside by the court or judge before whom such action or proceeding is heard, or a re-taxation may be directed. 1899, c. 27, s. 68.

LAW STAMPS.

CHAP. 165.

Stamp for fifty

writ of summons

amounts under

82. Upon every writ of summons issued out of the Supreme Court at Halifax, and upon every writ of sum-cents upon every mons issued out of the county court for district number except to recover one (except in actions in which the sum of eighty dollars eighty dollars. or less is claimed), the plaintiff shall pay to the society, towards the support of the law library at Halifax, the sum of fifty cents, to be paid by stamps. 1899, c. 27, s. 36. 83. The society shall provide adhesive stamps for payment of such fees, and shall keep them on sale at law library.

the stamps, society the to provide and

keep on sale.

out stamp, &c.,

84. No such writ of summons shall be issued by the Writ issued withprothonotary or clerk of the county court at Halifax unless may be set aside, it has stamps of the required amount, clean and undefaced, attached to it, and any writ of summons so issued without such stamp or stamps of the required amount, or without the stamp or stamps thereon being obliterated as hereinafter provided, shall be irregular and void, and may be set aside with costs, to be paid by the solicitor whose name appears on such writ of summons as the solicitor of the plaintiff in such action, upon application of the defendant, or upon the application of the council. 1899, c. 27, s. 38.

to obliterate

85. The prothonotary and clerk of the county court at Officer issuing Halifax shall obliterate each such stamp at the time the stamp and mode writ is issued, by writing thereon his initials, and the date of of the issue of the writ to which it is affixed. 1899, c. 27, s. 39.

appeal or motion

have a fifty cent

86. The prothonotary at Halifax shall not receive or Printed case ou file the printed cases upon any appeal or motion to be heard at Halifax to before the court en banc, unless one of such printed cases stamp attached. upon such appeal or motion has a stamp or stamps for fifty cents, clean and undefaced, affixed to it. The prothonotary at Halifax shall obliterate such stamp at the time of the filing of such printed cases by writing thereon his initials, and the date of the filing of such printed cases. 1899, c. 27, s. 40.

CHAPTER 165.

OF APPOINTMENT OF COUNSEL FOR CRIMINAL

PROCEEDINGS.

whom contract

1. At the criminal sittings of the Supreme Court at Prosecutions, by Halifax, or at the sittings of the Supreme Court in any ed. county, or at any sittings of the county court judges' criminal court, the prosecution of criminals and other

CHAP. 165. criminal business shall be taken charge of and conducted, on behalf of the Crown, by the following persons, that is to say :

Costs.

Matters of excep

(a) if the Attorney-General is present at the sittings,
by the Attorney-General, or by a Queen's counsel
or other competent barrister appointed by him at
such sittings;
(b) if the Attorney-General is not present, by a
Queen's counsel or other competent barrister
appointed by him in writing under his hand; and
such appointment in writing shall be accepted by
the presiding judge as a sufficient authority in that
behalf.

(c) if the Attorney-General is not present, and no
Queen's counsel or barrister at the opening of the
sittings presents a written appointment from the
Attorney-General, then by a Queen's counsel, or, in
the absence of Queen's counsel, a competent barrister
appointed by the presiding judge. 1887, c. 6, ss.
1, 2, 4; 1890, c. 13, s. 1.

2. (1.) The presiding judge shall tax and allow to any such Queen's counsel, or other barrister so appointed, such reasonable fees for the services performed by him as are prescribed for civil actions by the Chapter of "Costs and Fees;" but such fees, in any one case, shall not exceed—

(a) in the Supreme Court, the sum of thirty dollars; and

(b) in the county court judges' criminal court, the sum of twenty dollars.

(2.) The amount of the bill so taxed shall be paid out of the provincial treasury, upon the production of a certificate, under the seal of the court, that such amount has been taxed and allowed. R. S., 3rd series, c. 171, s. 66; 1887, c. 6, s. 3; 1890, c. 13, s. 2.

3.—(1.) Whenever it appears to the Attorney-General tional character. that any criminal matter is of an exceptional character, requiring special attention in the public interest, he may, at any stage, appoint a barrister to appear and act for the Crown at any inquest held by a coroner, or by a stipendiary magistrate, or at any preliminary examination, or other investigation in respect to such matter.

(2.) The fee for such barrister shall be ten dollars for each day, unless a larger fee is for good cause allowed by the Attorney-General.

(3.) Such fees shall be paid out of the provincial treasury, upon the certificate of the Attorney-General. 1887, c. 6, s. 5.

CHAP. 166.

CHAPTER 166.

OF THE DECISION OF CONSTITUTIONAL AND

OTHER PROVINCIAL QUESTIONS.

be referred.

certified.

1. The Governor-in-Council may refer to the Supreme questions may Court of Nova Scotia, for hearing or consideration, any matter which he thinks fit to refer, and the court shall thereupon hear and consider the same. 1890, c. 9, s. 1. 2. The court shall certify to the Governor-in-Council Opinion to be its opinion on the matter referred, with the reasons therefor, which are to be given in like manner as in the case of a judgment in an ordinary action; and any judge who differs from the opinion of the majority shall, in like manner, certify his opinion, with his reasons therefor, to the Governor-in-Council. 1890, c. 9, s. 2.

al of Canada,

fied.

3. If the matter relates to the constitutional validity Attorney-Gener of any Act which has heretofore been, or hereafter when to be notiis passed by the legislature of this province, or of any provision in any such Act, the Attorney-General of Canada shall be notified of the hearing, in order that he may be heard if he thinks fit. 1890, c. 9, s. 3. 4. The court shall have power to direct that any Persons interestperson interested, or, where there is a class of persons fed." interested, any one or more persons as representatives of such class, shall be notified of the hearing, and such persons shall be entitled to be heard. 1890, c. 9, s. 4.

ed may be noti

unrepresented

5. Where any interest affected is not represented by Counsel for counsel, the court may, in its discretion, request counsel to interests. argue the case in such interest, and the reasonable expenses thereby occasioned shall be paid out of the general revenues of the province. 1890, c. 9, s. 5.

ment final for

6. The opinion of the. court upon any such reference, Appeal, judgalthough advisory only, shall, for all purposes of appeal purpose of. to the Supreme Court of Canada, or to Her Majesty-inCouncil, be treated as a final judgment of the court between parties. 1890, c. 9, s. 6.