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S., Printed by John Boweh, Queen Buildings, Hollis S ■' 1886. ! :> t.Tt,rT^^J5-T.T ':jTX^TTX^r D , C/^;. f\ H. W. C. BOAK, I^I.. B., Barrts!Fr-8f-Ea&D, Soltrtfor, NOTJII^y POBIilC, f c, Jennings Building, (UP STAIRS) 105 Mollis St. . . Halifax, I]. S. Collections made and Claims secured in all parts of the Province and Cape Breton. SPECIAL ATTENTION GIVEN TO INSURANCE, SHIPPING, '1- A N D f-°^- ®0nxwerjcial |Eatt:ers* As a CarniTilssiDnEr nf the SupreniB and Cr.uni/ Courts nr as Notary Public ati/iII carefully take and BXBCutB dEpnsltinns and cDmmlsslDns far use Bither In DnmBstlc or Faralgn Courts, SUBSCRIBER TO SHARP AND ALLERMAN'S LAWYERS' AND BANKERS' DIRECTORY. A CONCISE SUMMARY OF THE COLLECTION LAWS OF THt PROVINCE OF Nova Scotia. ACTIONS. — Action is the term applied to all civil proceedings commenced by writ of summons or in such other manner as may be prescribed by rules of Court. It does not include criminal matters. Actions may be brought, either in the Supreme Court or County Courts, according to the nature of the relief sought and the amount involved. After service of the summons, if the defendant is within the jurisdiction, he has ten days to appear, if he does not appear within that time and the writ has been specially endorsed, judgment may be entered and execution issued without further notice to him. If he does appear but has no defence to the action the Court will, on motion, supported by affidavits proving the claim and negativing a defense, order judgment to be entered against the defendant. In actions brought by persons residing without the Province the Court will order security for the defendant's costs to be given. ADMINISTRATION of Estates of Deceased Persons. — The nearest of kin are entitled to admin- istration of the estate of deceased persons ; but if they neglect to take out administration within a time limited, after being cited to do so, any creditor can Collection Laws obtain a grant of letters to himself upon giving the security required. The Court of Probate of the County wherein the deceased last dwelt has jurisdiction in the matter of his estate. — Sec Court of Probate. AFFIDAVITS.— Affidavits for use either in the Supreme or County Courts, if made within the Pro- vince, must be sworn before commissioners appointed for that purpose. If made without the Province, for use in either of said Courts, they must be sworn be- fore commissioners appointed by the Government of Nova Scotia to take affidavits for use in our Courts, which commissioner must attach his seal of office thereto ; or before a Judge of any Court of Justice who must attach the seal of the said Court or a cer- tificate that such Court has no seal. Such certificate must be written on the same paper as the affidavit immediately after the Judge's signature. APPEALS. — An appeal lies to the Supreme Court from judgment delivered in the County Courts and by Judges at " Nisi Prius " Sittings. From the judgments of the Supreme Court, appeals may be taken to the Supreme Court of Canada and (or) to the Privy Council in England. In almost all cases appealed security has to be given. ARREST. — A defendant may be arrested and held to bail in any action when the plaintiff or some person on his behalf shows to the satisfaction of a Judge or commissioner, by affidavit, that the plaintiff has a cause of action against the defendant to the amount of $20 or upwards, or has sustained damage to that amount and that the plaintiff has probable cause for believing and does believe that the defen- dant is about to leave the Province and that he fears the debt will be lost unless the defendant be forth- with arrested. Province of Nova Scotia. Any defendant so arrested may give security to respond any judgment which the plaintiff may re- cover in the action and will then be released ; or he may negative under affidavits the fact of his being about to leave the Province, and if he does so to the satisfaction of a Judge will obtain his discharge, or he may, by petition to commissioners appointed for that purpose, apply for relief as an indigent debtor. After final judgment has been obtained in an action the defendant or person against whom the judgment is, may be arrested under execution issued on the judgment, and be kept in custody until he satisfies the judgment or is released as an indigent debtor. In certain towns in the Province there exist " Jail limits " within which a debtor may have his liberty upon giving security according to the provis- ions of the act creating such limits. ASSIGNMENTS.— It is now lawful for debtors to make preferential as well as general assignments of their property for the benefit of their creditors and such assignments, if not tainted with fraud or otherwise bad in law, cannot be impeached. A debtor who has been arrested, under either mesne or final process, will be compelled to assign all his property to the judgment creditor in trust for the payment of the judgment debt before he will be granted his discharge. — See indigent debtors. ATTACHMENT.— There are three classes of at- tachments, viz : of debts, of goods and of persons. I. Of Debts. A judgment creditor may, upon proof by affidavit of the existence of a debt due the judgment debtor from a person within the jurisdic- tion of the Court, obtain an orderatt aching the debt and directing its payment to him on account of his judgment. 4- Collection Lazvs 2. Where a person absconds from the Province of Nova Scotia, any creditor whose claim amounts to $20 may, after the commencement of his action, sue out a writ of attachment and thereunder levy on the property of the defendant and may, also, by serv- ing a summons upon any person who is an a<^ent or trustee of the defendant attach all goods and money in his possession belonging to the defendant. The property of foreign companies or bodies corporate doing business by an agent within the Province, may be attached to respond the plaintiffs judgment in a similar manner. 3. A judgment for the recovery of any property other than land or money may be enforced by writ of attachment. A judgment, requiring a person to do any act other than the payment of money or to abstain from doing anything, may be enforced by writ of attach- ment. A judgment for the payment of money may be enforced by writ of execution. BILLS OF SALE and CHATTEL MORT- GAGES. — All bills of sale and chattel mortgages to be valid against subsequent encumbrancers or ex- ecutions must be fyled in the Registry of Deeds in the County where the property affected is situated and must be accompanied by the affidavit of the mortgagor or seller proving the bonafides of the debt, for which the bill of sale or mortgage was given. Property covered by bills of sale or mortgages, is liable for rent due on the premises where it is con- tained and, if in the City of Halifax, for local taxes on said property. COMMERCIAL PAPER.— Bills of Exchange and Promissory Notes are payable to order or bearer ; are negotiable and transferable, the former by en- Province of Nova Scotia. dbrscment, the latter by mere delivery. The indorser is released if the holder fails to present for payment, does not ^ive proper notice of dishonor or enters in- to any arrangement with the maker by which the indorser is prejudiced. Stamping of bills and notes has been abolished. Three days grace are allowed and if the last of these fall on a legal holiday, or other dies nou, the delay is extended to the next following business day. Notes or bills payable on demand are not included in the above rule. The acceptance of a Bill of Exchange must be in writing. VrotQ'^t prima facie fixes the liability of endorsers. A lost bill or note may be sued on by the person entitled, on his giving indemnity to the defendant against the claims of any other person on the lost paper. CORPORATIONS.— All local corporations can sue and be sued in their corporate name. They have the power, unless other provision is made, to adopt by-laws and regulations not contrary to law nor re- pugnant to their charter for their own government and the management of their affairs. The shares of the stockholder are personal pro- perty for all purposes. The individual members of a corporation are liable as partners for its debts and obligations unless its charter exempts them from such liability. The members of joint stock companies incorpor- ated under the " Nova Scotia Joint Stock Companies Act " are only liable to creditors of the company to an amount equal to the amount not paid up on their shares. Collection Laws COURTS — The Supreme Court is a Court of Record and has jurisdiction within the Province, both ori^n'nal and appellate. It possesses the same powers formerly exercised by the Courts of Queens Hench, Common Pleas, Chancery and ICxchequer in lui^land and all such and the same powers as arc now exercised in Kn^land by the Supreme Court of Judicature save in respect of Probate and Surrogate Courts. It has jurisdiction in all civil actions, ex contractu, where the amount claimed is $80 or upwards, and in all actions, ex delicto, no matter what the dama<^es claimed. The Court meets twice a year in each County in the Province for the trial of causes, and has one term, commencing in December and ending in April fol- lowing, at Halifax, during which to hear appeals and arguments. COUNTY COURTS.— This Court has not cog- nizance of any action — 1. When the title to land is brought in question. 2. In which the validity of any devise, bequest or limitation is disputed; except that an executor or ad- ministrator may be sued for the amount or part of the amount of a distributive share duly ascertained by the proper Court under an intestacy, or of any legacy under a will, provided that the amount sued for is within the jurisdiction of the Court. 3. For criminal conversation or seduction. 4. For breach of promise of marriage. The Court has original jurisdiction in all actions ex contractu where the debt or damage does not ex- ceed $400. and in cases of debt where it is not less than $20., and in all other actions where the damag- es claimed do not exceed $200 : In all actions on bail bonds to the sheriff in any case in the County 1*1' "l ' "i". Province of Nova Scotia. Courts; in all actions aqainst sheritTs or any officer of the County Courts for nonfeasance or malfeasance in connection with any matter transacted in the Countv Courts. The Court has also an appellate jurisdiction from all decisions, orders and judgments of Justices and Stipendary Magistrates and also in cases of Forcible iMitry and Detainer. The practice and procedure prevailing in the Supreme Court is with very trifling variation follow- ed in the County Courts. The Probate Court for each county has jurisdic- tion of the probate of wills, granting letters of adminis- tration to the estates of deceased persons and of all matters relating to the estates of such persons. Administration of an intestate estate shall be grant- ed to — 1st. The widow or next of kin or to both as the Judge shall think fit. 2nd. If the persons entitled are judged incompe- tent or neglect, after being cited for that purpose, to take administration, then one or more of the princi- pal creditors or any other competent person on the application of one or more of the principal creditors may be appointed. 3rd. If the deceased be a married woman, her husband is entitled to administration unless the de- ceased shall have, by force of a marriage settlement, made some disposition of her estate which shall render it necessary and proper to appoint some other administrator. Administrators are required, in every case, to give security for the right performance of their trust. In the settlement of the estate of an intestate, the whole of his property, after paying expenses of last I 8 Collection Laws illness and probate charges, shall be distributed among the creditors who have filed attested accounts within the period prescribed in the following man- ner : — 1st. Clerks, domestics and farm servants and rent to be paid in full for the last year previous to the death ; the excess, if any, to stand on the same footing as other claims, 2nd. All other creditors to be paid in proportion to the amount of their respective claims. Appeals lie from the Probate Court to the Supreme Court, in banc. The Judge of the Court of Probate may declare, by decree, the estate of any deceased person to be insolvent, and the executor or administrator of such person is entitled to plead such order in bar of • an}' action brought against him on account of contract connected with the deceased's estate. VICE ADMIRALTY COURT.— The matters, in which jurisdiction has been conferred upon the Vice Admiralty Courts, are claims : — 1 . For seaman's wages. 2. For master's wages and disbursements. 3. In respect of pilotage. 4. For salvage of life or goods. 5. For towage. 6. In respect of bottomry or respondentia bonds, 7. In respect of mortgage where the ship has been sold by a decree of the Vice Admiralty Court and the proceeds are under its control. 8. Between the owners of a ship, registered in the possession in which the Court is established, touch- ing ownership, possession, employment or earnings. 9. F"or necessaries supplied in the possession in Province of Nova Scotia. which the Court is estabHshcd, where no owner or part owner is domiciled within the possession at the time of the necessaries being supplied. 10. In respect of building, equiping or repairing (with similar restrictions as to domicile). 11. In cases of breach of the Navy regulations and of Admiralty droits. THE DIVORCE COURT.— The Divorce Court is presided over by the Judge in Equity for the time being. It has jurisdiction over all matters relating to prohibited marriages and divorce, and may declare any marriage null and void for impotence, adultery, cruelty, or kindred within the degrees prohibited in 32 Hen. VIII. DEEDS AND MORTGAGES.— Deeds and mort- gages must be executed in the presence of, at least, one witness ; and must be proved by the oath of that witness, certified, if made within the Province, by a Notary Public or Justice of the Peace, and if made without the Province in the manner hereinafter spec- ified for the taking acknowledgements of married women without the Province. — Sec married women. The following is the form of certificate to be writ- ten on the deed — I Certify, that Subscribing Witness to this Deed, made oath before me that the same was signed and executed in his presence, by the therein named 188 Deeds and Mortgages have priority from the time of registration in the Registry of Deeds for the County in which the lands affected thereby are situated. If the wife of the grantor joins in the deed she must acknowledge the release of her dower in the to Collection Laivs manner prescribed for other acknowledgements by married women vendors. DEPOSITIONS. — The depositions of witnesses residing out of the Province can be taken under com- mission, issued by the Court in which the cause is pending, to a competent person in the state or country where the witness resides. Witnesses resid- ing in Nova Scotia, whose testimony is required under commission issued by a Court in any other country, can be compelled, by process of the Su- preme Court, to appear and give their evidence. t^XECUTION. — All judgments, for the payment of money unconditionally, obtained in the Courts of the Province, can be enforced by execution issued thereon immediately after the judgment is signed. Personal property may be taken at once or the de- fendant may be arrested and compelled, before obtaining his discharge from custody, to make an assignment of all his property to the plaintiff in trust to pay the debt. Before real estate can be taken under execution the judgment must be recorded in the Registry of Deeds in the County where the land lies for one year. F'RAUDS. — No interest in land or mining areas or rights shall be assigned, granted or surrendered un- less it be by deed or note in writing, signed by the grantor, etc., or his agent. No action shall be brought in any of the following cases : — 1. To charge any executor or administrator upon any special promise to answer damages out of his own estate. 2. To charge a person, upon a special promise, to answer for the debt, default or miscarriage of another. 3. Upon any agreement made upon consideration of marriage. Province of Noim Scotia. II by 4. Upon a contract for the sale of lands or any in- terest therein or in any mining areas or rights. 5. Upon an agreement that is not to be performed within one year from the making thereof, unless the promise, contract or agreement upon which such action is brought or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized. No contract for the sale of goods, wares or mer- chandise for the price of $40 or more shall be good or valid unless the purchaser accepts and receives part of the goods so sold or gives something in earnest to bind the bargain, or in part payment, or, unless some note or memorandum in writing of the bargain is made and signed by the party to be charg- ed thereby or by some person thereunto by him lawfully authorized. INDIGENT DEBTORS.— Any person imprison- ed upon any writ of mesne, process, execution or attachment for non-payment of money, may exhibit a petition to a Judge of the Court from which the execution, &c., issued, or to two commissioners for the relief of indigent debtors accompanied by schedule of his assets and liabilities praying for his dis- charge from custody, when a summons shall be issued, calling upon the creditor at whose suit the debtor is imprisoned to show cause, on a day therein named, why the debtor should not be discharged. On that day the debtor is examined, and, if not proved guilty of fraud, will be discharged upon making an assign- ment of all property which he may have, except what is exempt by law, to the creditor in trust to pay the debt. If fraud is proved the debtor can be sentenced to imprisonment for any period not exceeding twelve months. 12 Collection Laws INTEREST. — Interest at the rate of six per cent (ifnoothei rate is agreed upon) can be collected upon all debts or sums certain from the time the debt or sum became payable, if payable at a certain time under a written instrument ; if otherwise, then from the time of the service of notice that interest will be claimed. The legal rate of interest is six per cent. Judg- ments bear interest at that rate from the date of entry thereof; but no more than six years overdue interest can be recovered either on judgments, mortgages or simple contracts without a written undertaking to pay more. LIMITATIONS. — Actions on accounts, notes, bills, cheques and other simple contracts must be commenced within six years from the time when pay- ment was due or from the time when the last payment thereon was made or the last written acknowledge- ment o. e debt was given; and on judgments or contracts under seal within twenty years from the times before mentioned. MARRIED WOMEN.— A married woman who is married without any settlement holds her property both real and personal free from the control and dis- position of her husband and from his creditors. There is an exception in regard to property received by her from him during the marriage. Husband is not liable for debts contracted by wife before mar- riage, unless to the extent of any interest he may take in her property by virtue of any marriage con- tract. If a wife has separate property, it is liable for her debts. All wages and personal earnings of a married woman and all acquisitions therefrom and all profits of any trade or occupation of the wife separate from Province of Nova Scotia. 13 the husband, or derived from her hterary, scientific or artistic skill, are in the disposition and control of a wife as freely as if she were unmarried. A husband may insure his life for the benefit of his wife or a wife may insure (with his consent) her husband's life, or she may insure her own life, and any such insurance belon^^s to her and is free from claims of husband's creditors. A married woman may hold stock, may make de- posits in a savings bank and deal with same as if she were unmarried. Marriage settlements may still be made and will have the same validity as before the 19th April, 1884. A married woman may make deeds conveying her property, but such deeds, to be valid, must be joined in by her husband or afterwards confirmed by him by deed. Any deed or power of attorney executed by a married woman must be acknowledged by her before a Justice of the Peace or Notary Public, being a barrister in the Province of Nova Scotia ; and if such women reside without the Province her acknow- ledgement may be taken before the Mayor of any city, the Judge of any Court of Record or a Justice of the Peace, a British Ambassador, Consul or Vice-Consul or a Commissioner appointed by the Government of Nova Scotia to take affidavits abroad and shall be certified in writing on such deed or power of attorney. If the acknowledgement is taken before a Mayor or Justice of the Peace his certificate shall be authenticated under the hand and seal of a Notary Public. '4 Collection Laws Form of Certificate. l^rovlncc of Nova Scotia, } S. S. OT : * 1 IT © :P TO i3^ «3 "wr* it. .1* f « ALSO ACiENTS FOH Ndvb ScDtia 0DRIE5, A quantity of single & double always on hand, IlsTSIPEGTIOl^r SOXilGITEZD. R. J. REID k CO., Agents \ HALIFAX, N. S. ■4. f. A dvertisemertts . DonII & MtII@ WHOLESALE DRY GOOD MliKCHANTS, CLOTHING MINUFACTURERS AND GCHEUHE imEORiPEHS. ♦ ♦ ♦ 1©4 H^Ills Sti^eet, Halifax, N. S. 67 QUEEN VICTORIA STREET, LONDON, G. B. Advirtisemcnts J c. SH Banker and Broker, BONDS, DEBENTURES, BANK STOCKS •>■ Bougljt •!• arid •:• Sold. •<• I Grapral Banking $ BxrIjangF Offiirp, 1S6 HOLrjIS STREET HJIIjIFJI^, n. s. Collections ilTabe - - Corvcspoubence SoUritcb. THE HALIFAX REAL ESTATE BUREAU OlfFICES: 103 HoIIi5 ^ItqqI, - - feivlifivx, D. S- (UP STAIIW.) ESTATES MANAGED AND SEHLED. SAI.KS ()!• Land, Houses, Farms -wAND w- ^Otlier •!• ^eal •:• Estate-<* EFFECTED ON . ®/IDY;iNTyiGEOflS TEI(MS.* MORTGAGE LOANS PROCURED. MONEY INVESTED. LEASES MADE. RENTS COLLECTED. CORRESPONDENCE SOLICITED. Cable Address: BOAK, HALIFAX, N. S. Codes used : SCOTT'S & WATKINS'. GEORGE E. BOAK ^ CO, General Con]mi55ion Merchant^ AM) SHIPPERS OF ALL KINDS DRY AND PICKLED Salt mater ¥k\i Bm\] Oils, AND FISHING SALT. AGENTS FOR THE SYDNEY AND LOUISBURG COAL AND RAILWAY COMPANY, MINERS OF TME Celebrated "Reserve" Coal K)K STEAM AND HOUSE PURPOSES. ■r^* WEST INDIA WH HALIFAX, N. S. JSlRF, » »♦ SPECIAL Facilities for Docking and Coaling Ocean Steamships. ■' «♦ .'^. rj-i.