Operation of act when to voting in, the legislative council; or of being elected as members of, or sitting or voting in, the house of assembly, that is to say judges of probate and prothonotaries, and such persons disabled as aforesaid, shall be subject to the operation of the second section of the said chapter. 2. This act shall not come into operation until the dissocommence, &c. lution of the present house of assembly shall have been notified by proclamation in the royal gazette, and thereafter no person holding either of the offices mentioned in the preceding section shall continue to hold a seat in the legislative council, unless within one month after the issuing of such proclamation he shall resign such of the above offices as he may then hold, and shall signify his resignation to the provincial secretary; and no person shall thereafter be capable of being nominated or returned at any election of members to serve in general assembly, unless he shall, within twenty days previously to his being nominated a candidate at such election, resign such of the above named offices as he may then hold, and shall signify such resignation to the provincial secretary. Line of division AN ACT TO ESTABLISH THE BOUNDARY LINE BETWEEN THE (Passed the 7th day of May, A. D. 1858.) Be it enacted by the governor, council, and assembly, as follows: 1. The line of division between the provinces of Nova Scotia and New Brunswick, as defined by the commissioners. appointed for that purpose under chapter 54 of the acts of 1836, shall be as follows, that is to say: To commence at the mouth of the Messequash River in Cumberland Bay, thence following the several courses of such river to a post near Black Island; thence following the line marked on the plan and survey made by Alexander Munro and now deposited in the crown land office of this province; north fifty-four degrees twenty-five minutes east, two hundred and eightyeight chains to the northern angle of Trenholm's Island: thence north thirty-seven degrees east, eighty-five chains and eighty-two links to a post; thence north seventy-six degrees east, forty-six chains and twenty links to the head of the lakes at the portage; thence south sixty-five degrees forty-five minutes east, three hundred and pinety-four chains and forty links to Tidnish bridge; thence following the several courses of the Tidnish river along its northern upland bank to the mouth of such river; and thence following the north-westerly channel to the deep waters of the Bay Verte, securing to the province of Nova Scotia the navi gable waters and control of the Tidnish river. Provided Proviso. AN ACT TO AMEND THE JURY LAW. (Passed the 7th day of May, A. D. 1858.) Be it enacted by the governor, council, and assembly, as follows: declared legal. 1. All jury panels, whether grand or petit, drawn from All jury panels any jury lists at the last sittings of the supreme court in the several counties, and all venires and other proceedings connected therewith, are hereby declared legal and valid notwithstanding the lists from which such panels were drawn may have been from any cause whatever informally or illegally made up; and although the copies of such lists may not have been given to the clerk of the peace and prothonotary or posted as required by law. AN ACT TO AUTHORIZE A PROVINCIAL LOAN. (Passed the 24th day of March, A. D. 1858.) Be it enacted by the governor, council, and assembly, as follows: powered to bor £30.000. 1. The governor may cause a cash account to be opened Governor em at one or more of the banks in the city of Halifax, and may Pow a sum not borrow and receive from such banks such sums of money exceeding as may be necessary for the use of the province, in such amounts as may from time to time be required, under such conditions and upon such terms, stipulations, and agreements for the payment and repayment of such monies, and for the management of such accounts, as by the governor in council may be established, prescribed, and directed, with the consent of the directors of the bank; or otherwise may borrow and receive from any other persons, corporations, and companies, a sum not to exceed thirty thousand pounds, at the lowest interest at which such loan can be effected. 2. The money may be drawn for and received from time to time in such sums and under such restrictions and regulations as may be prescribed by the governor in council, with the consent of the lenders thereof. Money, how drawn. 3. For the repayment of all monies borrowed under this Repaymert. act and for the final payment and discharge of the balance which shall be remaining due and unpaid on the final closing Accounts, &c., to be laid before Legislature. of the accounts with such lender, with interest, the public funds, monies and credits of this province, are hereby pledged and rendered liable. 4. An account of all sums borrowed or repaid under Committee of this act, with the date of the loans and repayments respectively, shall be laid before the joint committee of the legis lature appointed to examine the public accounts, together with the drafts and vouchers relating to the same, at its next session. writs of summons and attachment may issue for £5 and what affidavit to contain-how sworn-declaration how and writ to be endorsed with sum in words at length and signed,- goods in agents hands bound by service of process for debt sheriff to levy for thirty pounds in declaration suits, and seven goods exhibited to sheriff to be appraised, and so much as may a subsequent attacher or otherwise may contest the attach- attachment may be set aside on application of objecting party court may direct a trial by jury of disputed facts, and may court may order security for costs-may award costs to either defendant may appear to action any time during first term, САР. SEC. PAGB ABSENT OR ABSCONDING DEBTORS, (Continued) in summary cases agents, only entitled to costs of travel and agent or trustee when to appear, 141 17 571 proceedings where agent fails to appear, special bail may be put in, and property relieved from attach- no trial to be had unless real estate or goods be attached, or 141 defendant entitled to a rehearing within three years, 572 572 having goods and credits—after judgment against absent 141 security to be given before execution issue against absent or absconded debtor, 141 agent not liable to principal for value of goods taken under sections 14, 15 and 17, not to apply to cases pending on 18th companies or bodies corporate doing business out of the pro- agent may be allowed time to communicate with principal, agent may be examined, plaintiff may proceed by attachment, if he desire security previous to judgment-mode of proceeding in such case, may be repealed and altered in same session, revived by express enactment only, repealed, proceedings under, may be continued under new, how penalties to be recovered when no mode prescribed therein, power in to appoint includes filling vacancies, |
