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CHAPTER 310

OF THE

REVISED STATUTES, 1989

amended 1994-95, c. 7, ss. 79-80, 150


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting the Holding of
Magisterial Courts at Night

Short title

1 This Act may be cited as the Night Courts Act. R.S., c. 310, s. 1.

INTERPRETATION

Interpretation

2 In this Act,

(a) "Attorney General" means the Attorney General of Nova Scotia;

(b) "district" means an area of the Province designated by the Attorney General pursuant to Section 3;

(c) "judge" means a judge of the provincial court or a justice of the peace;

(d) repealed 1994-95, c. 7, s. 79.

(e) "night court" means a court held by a judge between the hours of five oclock and eleven oclock in the afternoon. R.S., c. 310, s. 2; 1994-95, c. 7, s. 79.

NIGHT COURT SYSTEM

Districts

3 (1) The Attorney General may by order divide the Province into two or more territorial units and designate any unit as a district for the purpose of this Act.

Direction to hold night court

(2) The Attorney General may by order direct a judge to hold a night court in a district at a place within the district and at the time determined by the Attorney General. R.S., c. 310, s. 3.

PROCEEDINGS

Docket

4 (1) Where a judge has been directed to hold a night court pursuant to subsection (2) of Section 3, he shall place or cause to be placed on the docket for the night court any criminal or penal matter or civil matter within his jurisdiction

(a) in which one of the parties has indicated a preference for proceeding with the matter at night court; and

(b) which the judge considers can be conveniently proceeded with at night court.

Effect on proceeding

(2) Nothing in subsection (1) shall prevent a judge from proceeding in or with a criminal or penal matter or civil matter in any manner authorized by law including proceeding with the matter other than at night court. R.S., c. 310, s. 4.

ASSISTANCE

Personnel

5 (1) Any person whose duties require him to assist a judge shall perform the duties at night court as directed by the judge.

(2) repealed 1994-95, c. 7, s. 79.

R.S., c. 310, s. 5; 1994-95, c. 7, s. 79.

REMUNERATION

Remuneration

6 (1) The Attorney General may provide for the remuneration of a judge who holds night court and any person required to assist him and may

(a) make a payment to the judge or person.

(b) repealed 1994-95, c. 7, s. 80.

Scales of remuneration

(2) The Attorney General may prescribe scales for the remuneration of judges or any class of judges for attendance at night court.

Administration expenses

(3) The cost and expenses incurred by the Attorney General in the administration of this Act may be paid from the Consolidated Fund.

(4) repealed 1994-95, c. 7, s. 80.

R.S., c. 310, s. 6; 1994-95, c. 7, s. 80.

EFFECT OF ACT

Existing jurisdiction unaffected

7 Nothing in this Act affects the jurisdiction, power or authority of a judge under an enactment or an Act of the Parliament of Canada. R.S., c. 310, s. 7.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1998 Crown in right of Nova Scotia. Created September 1, 1998. Send comments to รวมเกมส์legc.office@gov.ns.ca.