CHAP. 110.

Regulations as

and distribution of profits.

20. No part of the sum contributed by a special partner to the capital stock shall be withdrawn by him or paid or to capital stock transferred to him in the shape of dividends, profits or otherwise, at any time during the continuance of the part nership; but a partner may annually receive lawful interest on the sum so contributed by him, if payment thereof shall not reduce the original capital; and if after the payment of such interest any profit shall remain to be divided, he may also receive his portion of such profit; but if it shall appear that by the payment of interest or profits to any special partner the original capital has been reduced, the partner receiving the same shall restore the amount necessary to make good his share of capital with interest. 21. A special partner may from time to time examine into the state and progress of the partnership concerns, and may advise as to their management, but he shall not transact any business on account of the partnership, nor be employed for that purpose as agent, attorney, or otherwise; and if he shall interfere contrary to these provisions he shall be deemed a general partner. General partners shall be liable to account to each other and to the special partners for their management of the concern, both in law and in equity, as other partners now are.

Special partners may advise but not transact business for partnership.

Fraud in special partnerships,

22. A partner guilty of any fraud in the affairs of such how punished. partnership shall be liable civilly to the party injured to the extent of the damage, and shall also be liable to an indictment for a misdemeanor punishable by fine or imprisonment, or both, at the discretion of the Court.

Preferential assignments by partners to be

creditors.

23. Every sale, assignment or transfer of any of the property or effects of such partnership, or of a general or held void against special partner, made by such partnership or a general or special partner, when insolvent or in contemplation of insolvency, with intent of giving a preference to any creditor of such partnership or insolvent partner over other creditors of such partnership, and every warrant of attorney executed, and every judgment confessed, lien created, or security given by such partnership, or general or special partner, under the like circumstances and with the like intent, shall be void, as against the creditors of the partnership. A special partner who shall violate any provision of this Chapter, or concur in, or assent to any such violation by the partnership, or by any individual partner, shall be liable as a general partner.

Creditors' claims preferred to

24. In case of the insolvency or bankruptcy of the those of special partnership, no special partner shall, under any circumpartners in case stances, be allowed to claim as a creditor, until the claims of all other creditors of the partnership are satisfied.

of insolvency.

Dissolution,

how effected.

25. No dissolution of such partnership by the acts of the parties shall take place previous to the time specified

in the certificate of its formation or in the certificate of its CHAP. 111. renewal, until a notice of such dissolution shall have been filed and recorded in the registrar's office in which the original certificate was recorded, and published once in each week for four weeks in the Royat Gazette, and in some other newspaper printed in Halifax, and by handbills in each of the counties where the partnership may have places of business.

SURETIES TO OR FOR FIRMS.

firms not an

nership.

26. No promise made to answer for the debt, default, Sureties to or for or miscarriage of another, made to a firm consisting of swerable on two or more persons, or to a single person trading under change in partthe name of a firm, and no promise to answer for the debt, default, or miscarriage of a firm, consisting of two or more persons, or of a single person trading under the name of a firm, shall be binding on the person making such promise in respect of anything done or omitted to be done after a change shall have taken place in any one or more of the persons constituting the firm, or in the person trading under the name of a firm; unless the intention of the parties that such promise shall continue to be binding notwithstanding such change shall appear either by express stipulation, or by necessary implication from the nature of the firm or otherwise.

with Canada

27. Nothing in this Chapter shall be construed to con- Not to conflict travene or conflict with any legislation (intra vires) of the law. Parliament of the Dominion of Canada.

CHAPTER 111.

OF THE PROTECTION OF JUSTICES OF THE PEACE.

justices to be

tions of malice,

1. Every action against a justice of the peace for any Actions against act done in the execution of his office with respect to a actions on the matter within his jurisdiction, shall be an action on the case; allega case, and it shall be expressly alleged in the declaration &c., necessary. that the act was done maliciously and without reasonable and probable cause; and, if upon the trial the plaintiff fail to prove such allegation, judgment shall be given for the defendant.

Malice, &c.,

2. If the action be brought for an act done in a matter when need not where he has no jurisdiction, or where he has exceeded be alleged; achis jurisdiction, the party injured thereby or by any act

tion in such

case when only

to be brought.

CHAP. 111. done under a conviction, or order or warrant issued by the justice, need not allege malice or want of reasonable and probable cause in his declaration. But no action in such case shall be brought until such conviction shall have been quashed; nor shall any action be brought for any thing done under any warrant issued by such justice to procure the appearance of a party, which shall have been followed by a conviction or order, until the same shall have been quashed.

Cases in which

no action shall

lie against

justice for any

thing done under warrant.

Justice issuing

warrant not

liable where

makes illegal

conviction.

3.

If a warrant shall not have been followed by a conviction or order, or if it be a warrant upon an information for an alleged indictable offence, and a summons had been previously issued and served, and the party did not appear in obedience to the summons; in any such case no action shall be maintained against the justice for anything done under the warrant.

4. Where a conviction or order shall be made by a justice, and a warrant of distress or commitment issued by another justice some other justice in good faith and without collusion, no action shall be brought against the justice who granted the warrant for any defect in the conviction or order, or for want of jurisdiction in the justice who made it; but the action, if any, shall be brought against the justice who made such conviction or order.

Justice granting warrant of distress for a rate not liable for deficiency in

rate.

No action

against justice warrant upon

for granting

defective conviction, &c., confirmed on

appeal.

Action brought

a

5. Where a poor or county rate shall be made, aud a warrant of distress shall issue against a person rated therein, no action shall be brought against the justice who granted the warrant for any irregularity or defect in the rate, or by reason of any such person not being liable to be rated.

6. Where a warrant of distress or of commitment shall be granted by a justice upon conviction or order, which either before or after the granting the warrant shall have been confirmed upon appeal, no action shall be brought against the justice granting the warrant for anything done thereunder, by reason of any defect in such conviction or order.

7. If any action shall be brought in a case where, by when forbidden this Chapter, it is forbidden, a judge of the Court where it may be quashed. is brought, upon application of the defendant upon affida vit, may set aside the proceedings, with or without costs, as he shall see fit.

Month's fiotice to be given a justice before

contents of no

8. No action shall be commenced against a justice for any thing done in the execution of his office, until one action brought; month at least after notice in writing of such intended tice; limitation action shall have been delivered to him or left at his usual place of abode, by the party intending to commence the action, his attorney or agent; in which notice the cause of action, and the court in which it is intended to be brought,

of action.

shall be explicitly stated; and upon the back thereof shall CHAP. 111. be endorsed the name and place of abode of the party intending to sue, and the name and place of abode or of business of the attorney or agent, if the notice has been served by an attorney or agent; and the venue in every such action shall be laid in the county where the act complained of was committed; and such action shall be brought within six months next after the cause of action shall have accrued.

into court; pro

9. After notice so given, and before action commenced, Justice may such justice may tender to the party complaining, his attor- or pay money ney or agent, such sum of money as he may think fit, as ceedings in amends for the injury complained of in the notice; and such case. after action commenced, and before issue joined, the defendant, if he have not made a tender, or in addition to the tender, may pay money into court; and the tender and payment into court or either of them may be given in evidence on the trial. It the jury shall be of opinion that the plaintiff is not entitled to damages beyond the sum tendered or paid into court, then they shall find a verdict for the defendant, and the plaintiff shall not be at liberty to elect to be non-suit; and the sum so paid into court, or so much thereof as shall be sufficient to satisfy the defendant's costs, shall thereupon be paid out of court to him, and the residue, if any, be paid to the plaintiff; or if the plaintiff shall elect to accept the money so paid into court in satisfaction of damages in the action, he may obtain a judge's order for the money, and that the defendant shall pay him his costs to be taxed, and thereupon the action shall be determined, and the order shall be a bar to any other action for the same cause.

plaintiff.

10. If at trial the plaintiff shall not prove that the action Proof required was brought within the time limited in that behalf, or that on part of the notice was not given a month before action commenced, or if he shall not prove the cause of action stated in such notice, or that it arose in the county laid as venue in the margin of the declaration, the plaintiff shall be non-suit or the jury shall give a verdict for the defendant.

trial is proved

convicted, and

undue punish

recover nomi

11. In all cases where the plaintiff shall be entitled to If plaintiff on recover, and he shall prove the levying or payment of any guilty of offence penalty or sum of money under any conviction or order as of which he was part of his damages, or if he prove an imprisonment there. has suffered no under, he shall not be entitled to recover the amount of ment, he shall the penalty or sum levied or paid, or any damages beyond nal damages three cents for such imprisonment, or any costs of suit, if only. it shall be proved that he was actually guilty of the offence of which he was convicted, or that he was liable to pay the sum he was so ordered to pay, and with respect to the imprisonment that he had undergone no greater punishment

CHAP. 112. than that assigned by law for the offence of which he was convicted or for the non-payment of the sum he was so ordered to pay.

Cases where

covery of dam

full costs.

12. If the plaintiff recover a verdict or the defendant allow judgment to pass by default, the plaintiff shall recover ages shall have costs as if this Chapter had not passed. If it be stated in the declaration that the act complained of was done maliciously and without reasonable and probable cause; the plaintiff, if he recover a verdict for any damages, or if the defendant allow judgment to pass by default, shall be entitled to full costs.

Supreme court

may compel

relating to his

office; proceedings in such

Proceedings to compel Justice to perform duty, &c.

13. Where a justice shall refuse to do any act relating to justice to do act the duties of his office, the party requiring such act to be done may apply to the Supreme Court, upon affidavit of the facts, for a rule calling upon the justice, and also upon the party to be affected by such act, to shew cause why such act should not be done; and if, after service of such rule, good cause be not shown against it, the Court may make the rule absolute, with or without costs, as they may see meet; and the justice, upon being served with the rule absolute, shall obey the same, and do the act required. No action or proceeding shall be commenced or prosecuted against such justice for having obeyed such rule.

Demand of perusal and

copy of warrant to be served upon constable, &c., before action brought.

If justice not made party, when notice

defendant shall

CHAPTER 112.

OF THE PROTECTION OF CONSTABLES.

1. Before any action shall be brought against a con stable, police, or other officer, or any person acting in his aid, and for anything done in obedience to a warrant under the hand and seal of a justice, mayor or alderman, a demand in writing of the perusal and copy of such warrant, signed by the person making the same shall be served upon him personally or left at his usual place of abode for the space of six days.

2. If after such demand and a compliance therewith, an action be brought against such constable or other complied with, officer, or person acting in his aid, without making the have judgment; justice a party thereto, on the proof of such warrant upon the trial, judgment shall be given for the defendant, not against justice withstanding any want of jurisdiction in the justice. If the action be brought against the constable or other officer,

proceedings where action

and constable.