Clnrnfll Earn ^rlfDnl ffiibrarg
Cornell University Library
KEN74411859
The revised statutes of Nova Scotia :sec
3 1924 016 981 395
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Library
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REVISED STAT'fJTES
OP
NOVA-SCOTIA.
SECOND SERIES.
THE
REVISED STATUTES
OF
NOVA-SCOTIA.
SECOND SEEIES.
PEEPAEED BY
MARTIN I. WILKINS,
W. A. HENRY,
JAMES R. SMITH, Esquiebs.
COMMISSIONERS FOR CONSOLIDATING THE STATUTES OF THE PROVINCE
AND PUBLISHED UNDER THEIR SUPERVISION, PURSUANT
TO AN ACT OF THE LEGISLATURE.
HALIFAX :
J, & W. COMPTON, PUBLISHBES,
1859.
.;^}j~^'-!-P^.
Besolwtion of the House of Assembly, passed 21th April, 185T,
and subsequently agreed to by the Legislative Council.
'' Whereas, it has bec6me indispensible that the Statutes of
this ProTince should be further Revised, and an improved
Index made therefor :
Resolved, That his Excellency the Lieutenant Governor be
respectfully requested forthwith to employ a sufficient number
of competent persons, not to exceed three, for the purpose of
further Revising the Statutes, so as to have the same prepared
and submitted to the Government, at least one month before
the next sitting of the Legislature ; and this House will
provide for the expense thereof."
COMMISSIONER S' REPORT
TO HIS EXCELLENCY SIR JOHN GASPAED LEMAECHANT,
Lieutenant-GoTernor in and over the Province of Nova SaotiOi,- &arSie. &o,
l%e Beport of the undersigned Commissioners appointed by
your Excellency to Bevise and Consolidate the Laws
of the Province:
May it please your Excellency :
The following Resolution having been passed by the House
of Assembly, and concurred in by the Legislative Council at
the last session, to wit :
" Whereas it has become indispensable that the Statutes of
this Province should be further Revised, and an improved
Index made therefor,
Besolved, That his Excellency the Lieutenant-Governor be
respectfully requested forthwith to employ a sufficient number
of competent persons, not to exceed three, for the purpose of
further Revising the Statutes, so as to have the same prepared
and submitted to the Government at least one month before
the next sittings of the Legislature, and this House will provide
for the expense thereof."
And your Excellency having done us the honor of intrusting
to us this important duty, we' have executed the trust, and beg
leave to submit to your Excellency the Laws in the form in
which we have consolidated them, entitled "the Revised Sta-
tutes of Nova Scotia — Second Series."
The first series of the Revised Statutes was enacted in the
year of our Lord one thousand eight hundred and fifty one,
and since that time many material alterations and amendments
have been introduced; some chapters have been repealed, and
some acts have passed of an independent character.
In revising and consolidating the Laws up to the end of the
session of 1857, we have endeavored to make as few alterar
tions in the number and arrangement of the chapters and titles
as possible ; and we have carefully abstained from making any
alteration in the laws themselves, but have compiled them
with all alterations and amendments incorporated in the several
chapters.
It is essential that a copious and correct Index should be
prepared, and we have made arrangements to effect this object
while the Statutes are in the course of publication. The mar-
ginal notes of the sections were, in the first series, collected
at the head of each chapter, and this, in the absence of a per-
fect index, was desirable; but as we intend carrying those
notes fully into the index of the new series, we have not placed
COMMISSIONEES' REPORT.
them at the head of the chapters, which, in our estimation,
would be an unnecessary waste of space, and would tend in-
conveniently to expand the work.
From the amount of matter necessarily added to t£e first
series, it may he advisable to divide the new series, with its
copious index, into two volumes of about the same size as the
volume containing the first series ; but we would recommend
that if possible, the work shall be published in one volume.
An act to regulate the publication of the Eevised Statutes
was passed on the 7th April, 1851, to which we refer your
Excellency, and it appears to us that it will be advisable to
make a similar law in respect to the publication of the new or
second series.
The foregoing Report refers more particularly to the revision
and consolidation of the general statutes, — we have also pre-
pared a new and amended edition of the private and local acts,
with an index, which we also beg leave to submit to your
Excellency.
All of which is respectfully submitted.
MARTIN I. WILKINS,
W. A. HENRY,
JAS. R. SMITH..
Halifax, December 31st,. 1857.
AN ACT FOR THE CONSOLIDATION OF THE
LAWS.
(Passed the 7th day of May, A. u. 1858.)
Be it enacted, by the Governor, Council and Assembly, as
follows :
1. The Governor in Council shall cause the Statutes con-
solidated under a resolution passed in the last session, to be
published with a copious Index, as soon as conveniently can
be ; and when the same are so published the Governor may,
by Proclamation, declare the same to be in force, and the same
thereupon and thereafter shall be in force.
2. All Statutes in force on the first day of this present
session, shall thereupon and thereafter be repealed, except
such act or parts of acts as have not been substantially incor-
porated in the said consolidated Statutes, or as shall not have
been repealed or have expired.
3. The Acts of the present session shall be printed in the
same volume as an Appendix, with proper references, or be
incorporated with the consolidated Acts, and shall be included
in the Index.
4. All rights accruing or accrued under any of the statutes
so repealed, are reserved ; and all penalties incurred there-
under shall be enforced, as if such Statutes had not been re-
pealed.
ANALYSIS
SEVBEAL PARTS, TITLES AND CHAPTERS,
CONTAINED IN
THE REYISED STATUTES.
SECOND SBKIES.
PART I.
OF THE INTERNAL ADMINISTRATION OF THE GOVERNMENT.
TITLE I.
PAGE
Chapter 1. or the promulgation and constebction of statutes, . 2
TITLE IL
OB THE LEGISLATURE.
Chapter 2. Of executive and legislative disabilities, .... 5
Chapters. Of representation in general assembly, ... 6
Chapter 4. Of the duration of the general assembly, ... 7
Chapter 5. Of the qualification of canditates and electors, and frauds
in regard thereto, 7
Chapter 6. Of bribery and treating at elections, . . . .12
Chapter 7. On the manner of conducting elections, ... 13
Chapter 8. Of scrutinies, 24
Chapter 9. Of controverted elections, 26
Chapter 10. Of vacating seats, ....... 30
TITLE III.
OB THE PUBLIC REVENUE.
Chapter IT . Of the casual and territorial revenue, ... 31
Chapter 12. Tart the first. — Of customs duties, 33
Part the second. — Of a certain treaty between her majesty
and the United States of America, 40
Chapter 18. Of the board of revenue, 41
XIV
ANALYSIS,
Chapter 14. Of officers of the customs, . . • -
Chaptek 15. Of the laws of the customs,
Chaptek 16. Of the importation of goods.
Chapter 17. Of the warehousing of goods,
Chapter 18. Of the exportation of goods and of drawbacks,
Chapter 19. Of the prevention of smuggling,
Chapter 20. Of the regulation of distilleries.
Chapter 21. Of light duties, ....
Chapter 22. Of licenses for the sale of intoxicating liquors,
TITLE IV.
Chapter 23. oF THE POST OFFICE,
TITLE V.
OF PDBIIC BUILDINGS AND ESTABLISHMENTS.
Chapter 24. Of the commissioners of the pubKo property,
Chapter 25. Of the penitentiary, ....
Chapter 26. Of Sable Island and the light houses,
42
44
49-
58
61
65
68
70
71
80
92
93
97
TITLE VL
OF THE MANAGEMENT AND REGULATION OF THE PUBLIC DOMAIN.
Chapter 27. Of the coalmines. — Part the first. . . .98
Part the second . . 103
Chapter 28. Of the crown lands, ..... 124
TITLE VII.
OF THE NATIONAL DEFENCE,
Chapter 29. Of the militia.
Chapter 30. Of Billetting the troops and militia, .
-Chapter 31. Of public fortifications,
127
146
147
TITLE VIII,
Chapter 32. OF THE NATURALIZATION AND PRIVILBGES OF ALIENS 148
TITLE IX.
Chapter 33. OF THE CENSUS AND statistical INFORMATION. 149
TITLE X.
OF CERTAIN PUBLIC OFFICERS.
Chapter 34. Of the salaries of certain public officers, and certain
pensions, ••.... 155
Chapter 35. Of the qualifications, appointment, and tenure of office
of the principal judicial officers, . . 157
Chapter 36. Of the offices of receiver general and financial secretary,
and the rendering and audit of public accounts, ' 158
ANALYSIS.
XV
Chaptee 37. Of the oflSces of surveyor general and commissioner
of crown lands, ..... 159
TITLE XL
Chapter 38. OF tubasury notes, the funded debt, and savings
BANK, ^ . 160
TITLE XII.
OF COUNTIES AND COUNTY OFFICERS.
Chapter 39. Of the boundaries of counties,
Chapter 40. Of sheriffs, ....
Chapter 41.. Of coroners, ....
Chapter 42- Of clerks of the peace.
Chapter 43. Of prothonotafies and clerks of the crown,
Chapter 44. Of the times and places of holding the sessions
Chapter 45. Of special sessions,
Chapter 46. Of county assessments,
Chapter 47. Of jails and other county buildings, .
162
162
164
165
166
168
169
170
187
TITLE XIII.
OF TOWNSHIPS AND TOWNSHIP AND PEACE OFFICERS.
Chapter 48. Of townships, their powers and duties, and the appoint-
ment, qualification, and duties, of township officers,
Chapter 49. Of fences and fence viewers, and impounding of cattle.
188
190
TITLE XIV.
OF THE SUPPORT OF PUBLIC WORSHIP.
Chapter 50. Of the church of England, . . • . 193
Chapter 51. Of Teligious congregations and societies, . . 195
Chapter 52. Of assessments for the repairs of meeting houses, . 199
TITLE XV.
OF THE PUBLIC HEALTH.
Chapter 53. Of quarantine, ..... 200
Chapter §4. Of boards of health and infectious disease, . 200
Chapter 55. Of rabid animals, ..... 202
Chapter 56. Of nuisances, ..... 203
Chapter 67. Of regulations concerning the practice of physic and
surgery,
206
TITLE XVI.
Charter 58. opindian«.
207
XVI
ANALYSIS.
TITLE XVII.
Chapter 59. oF THE telegraph,
208
TITLE XYIII.
Chaptee 6Q, of public INSTEUOTION, Part the first
Part the second. — Normal School,
209
217
TITLE XIX.
OF HIGHWAYS, STEEBTS, BEIDGBS, PUBLIC LANDINGS, AND FEEEIES.
Chaptbk Bl. Of laying out certain great roads, . . . 220
Chapter 62. Of laying out roads other than certain great roads, 223
Chapter 63. Of surveyors of highways and highway labor, except
in Halifax, 227
Chapter 64. Of commissioners of streets, . . . 232
Chapter 65. Of highway labor in the city of Halifax, . . 239
Chapter 66. Of the expenditure of money on the roads, . 241
Chapter 67. Of the preservation of roads, . . . 245
Chapter 68. Of supervisors of public grounds, . . . 246
Chapter 69. Of closing roads, ..... 250
Chapter 70. Of railroads, ...... 251
Chapter 71. Of certain bridges and public landings, . . 270
Chapter 72. Of ferries, ...... 271
TITLE XX.
•OF SEWBES. COMMONS, AND COMMON FIELDS.
Chapter 73. Of commissioners of sewers, and the regulation of diked
and marsh lands, ..... 272
Chapter 74. Of commons, ..... 280
Chapter 75. Of common fields, ..... 280
TITLE XXI.
OF THE REGULATION OF TEADB IN CEETAIN CASES,
Chapter 76. Part the first. — Of shipping and seamen, . 283
Part the second. — of the registry of ships, . . 292
Chapter 77. Of wrecks and wrecked goods, . . . 293
Chapter 78. Of pilotage, harbors, and harbor masters, , . 295
Chapter 79. Of partnerships, ..... 301
Chapter 80. Of factors and agents,. .... 306
Chapter 81. Of bills of exchange and promissory notes, . . 308
Chapter 82. Of interest, . . . \ , 309
Chapter 83. Of currency, . • , , . . 310
Chapter 84. Of mills and millers, .... 311
Chapter 85. Of the regulation and inspection of provisions, lumber,
fuel, and other merchandize, , . . 312
Chapter 86. Of weights and measures, , . , 329
AKALYSIS.
XVll
Chapter 87.
Chapter 88.
TITLE XXII.
OF CORPORATIONS.
Of general provisions respecting corporations,
Of agricultural and land corporations,
330
335
TITLE XXIII.
OF THE POOR.
Chapter 89. Of the settlement and support of the poor,
Chapter 90. Of poor districts, . . . .
Chapter 91. Of the maintenance of bastard children
337
344
345
TITLE XXIV.
OF CERTAIN BIRDS AND ANIMALS.
Chapter 92. Of the preservation of useful birds and animals, . 352
Chapter 93. Of the destruction of noxious animals, . . 354
TITLE XXV,
OF THE FISHERIES.
Chapter 94. Of the coast and deep sea fisheries,
Chapter 95. Of the river fisheries, .
354
358
TITLE XXVI.
Chapter 96. OF THE ENCOURAGEMENT OF AGRICULTURE AND
RURAL ECONOMY, ....
360
Chapter 97.
Chapter 98.
Chapter 99.
Chapter 100.
Chapter 101.
Chapter 102.
Chapter 103.
Chapter 104.
Chapter 105.
0 Chapter 106.
Chapter 107.
Chapter 108.
Chapter 109.
Chapter 110.
TITTLE XXVII.
OF CERTAIN MUNICIPAL REGULATIONS.
Of trustees of public property, . . . ,363
Of public markets, .... 364
Of fires and firewards, .... 365
Of the discharge of firearms and fireworks, . 372
Of the transportation of gunpowder, . , 372
Of burning woods and marshes, . . , 373
Of the conveying of timber and lumber on rioters, and
the removal of obstructions therefrom, . . 373
Of madmen and vagrants, . . . 375
Of public exhibitions, .... 376
Of stray horses and cattle, . . . 376
Of the going at large of infected cattle and of dogs,
and vicious animals and geese, . . . 378
Of the gathering of sea manure, . . 378
Of coasting on highways, . . . 378
Of roads over the ice, .... 379
XVUl
ANALYSIS,
PAR Til.
or THE ACQUISITION, TRANSMISSION, AND ENJOYMENT OF
PROPERTY, REAL AND PERSONAL ; THE DOMESTIC RELA-
TIONS, AND OTHER MATTERS CONNECTED WITH PRIVATE
RIGHTS.
TITLE XXVIII.
OF KEAL PROPEETY AND THE ALIENATION THEREOF.
Chapter 111. Of deeds by married women, . . . 380
Chapter 112. Of estates' tail, ..... 381
Chapter 113. Of the registry of deeds, and incumbrances affecting
lands 382
TITLte XXIX.
OF TITLE TO REAL AND PERSONAL PROPERTY BY WILL AND BY DESCENT
AND THE SETTLEMENT OF THE ESTATES OF DECEASED PERSONS.
Chapter 114. Of wills of real and personal estate, . . 386
Chapter 115. Of the descent of real and personal estate, . . 391
TITLE XXX.
OE TITLES TO REAL PROPEETY BY SPECIAL PROVISIONS OF LAW.
Chapter 116. Of joint tenancy and tenancy in common, . 394
Chapter 117. Of the sale of lands under foreclosure of mortgages, 394
Chapter 118. Of the sale of lands to satisfy execution debts, . 396
Chapter 119.
Chapter 120.
TITLE XXXI.
OF COPYRIGHTS AND PATENTS.
Of the law of copyright,
Of patents for useful inventions.
397
400
TITLE XXXII.
Chapter 121. oF THE prevention OF frauds and perjuries,
402
TITLE XXXIII.
OF DOMESTIC EELATIONS.
Chapter 122. Of marriage and the solemnization thereof, . . 403
Chapter 123. Of the registry of births, marriages, and deaths, 404
Chapter 124. Of guirdians and wards, .... 405
Chapter 125. Of masters, apprentices, and servants, . . 406
ANALYSIS.
XIX
PART III.
OF COURTS AND JUDICIAL OFFfCERS, AND PROCEEDINGS
IN SPECIAL CASES.
Chapter 126.
Chapter 127.
Chapter 128.
Chapter 129.
Chapter 130.
Chapter 131.
Chapter 132.
TITLE XXXIV.
OF COURTS AND JUDICIAL OFFICERS.
Of the supreme court and its ofiScers,
Of proceedings in equity,
Of the court of marriage and divorce,
Of the court of escheat,
Of the probate court,
409
413
426
427
428
Of the jurisdiction of justices of the peace in civil cases, 446
Of barristers and attornies, . . . 456
TITLE XXXY.
Chapter 133. oF MUNICIPALATIBS. ....
TITLE XXXVI.
OF COURTS AND PROCEEDINGS THEREIN.
Chapter 134. Of pleadings and practice in the supreme court —
Part the first .....
Part the second .....
Chapter 135. Of vritnesses and evidence, and the proof of written
documents, .....
Chapter 136. Of juries, ......
Chapter 137. Of the relief of insolvent debtors,
TITLE XXXVII.
OF ACTIONS RELATINS TO REAL PROPERTY.
Chapter 138. Of the writ of dower, ....
Chapter 139. Of the partition of lands, ....
Chapter 140. Of forcible entry and detainer, .
TITLE XXXVIIL
OF PROCEEDINGS IN SPECIAL CASES.
Chapter 141. Of suits against absent or absconding debtors.
Chapter 142. Of suits against joint debtors.
Chapter 143. Of suits against executors, administrators, and
trustees, .....
Chapter 144. Of summary suits, ....
Chapter 145. Of distress for rent and^remedy.
Chapter 146. Of arbitration, ....
458
487
535
538
550
558
561
562
569
569
574
575
577
578
580
XX
ANALYSIS.
Chapter 147. Of petty trespasses and assaults,
Chapter 148. Of the writ of certiorari,
Chapter 149. Of interpleader,
Chapter 150. Of the protection of justices of the peace,
Chapter 151. Of Of the protection of constables,
Chapter 152. Of the custody and estates of lunatics,
TITLE XXXIX.
Chapter 153. OF THE LIMITATION OF ACTIONS.
TITLE XL.
Chapter 154. of COSTS AND FEES,
581
585
585
587
590
590
599
601
PART IV
OF THE CRIMINAL LAW AND THE ADMINISTRATION OF
CRIMINAL JUSTICE.
TITLE XLI.
OF OFFENCES AGAINST THE GOVERNMENT.
Chapter 155. Of treason, ...... 610
Chapter 156. Of offences relating to the army and navy, . 610
Chapter 157. Of offences against religion, . . . 612
Chapter 158. Of offences against public morals, . . 613
Chapter 159. Of offences against the law of marriage, . . 614
Chapter 160. Of offences against the public peace, . . 615
Chapter 161. Of offences against the administration of justice, 616
Chapter 162. Of offences against the person, . . . 617
Chapter 163. Of offences against the habitation, . . . 619
Chapter 164. Of fraudulent appropriations, . . . 621
Chapter 165. Of forgery and offences relating to the coin, . 624
Chapter 166. Of malicious injuries to property, . . 625
Chapter 167. Of the definition of terms in this title, . . 628
TITLE XLIL
OF THE ADMINISTRATION OF CRIMINAI. JUSTICE.
Chapter 168, Of the administration of criminal justice in the
supreme court, .... 680
Chapter 169. Of the duties of justices of the peace in criminal
matters, ..... 651
to&iute d Ijj&a-itjjtia.
IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED
AND FIFTY-EIGHT.
J)- ...^,
'i^s^ c..tf<^~
J)
AN ACT
FOR REVISING AND CONSOLIDATING THE STA
TUTES AND LAWS OF THE PROVINCE.
Second Series.
JdE it Enacted, by the Governor, Council and
Assembly, as follows :
2 eonsteuction of statutes [part i.
Chap. 1.
PART I.
OF THE INTERNAL ADMINI3TEATI0N OF THE GOVERNMENT.
TITLE I.
CHAPTER 1.
OF THE PROMULGATION AND CONSTRUCTION OF STATUTES.
All acts public. 1. All acts shall be deemed public, and may be declared
on, and given in evidence without being specially pleaded.
Commencement 2. The clerk of the legislative council shall endorse on
of date. every act the date of its passage, and the endorsement shall
be held part of the act, and shall be the date of its com-
mencement, unless otherwise provided.
Publication 3, Printed copies of acts published in the royal gazette
how evidenced. • . ^.. ^ . . i i.t iT j i.
newspaper, m Halifax, or purporting to be publisned by
the queen's printer for the province, shall be evidence of
such acts.
S,t?on\be sM^e ^- -^^7 ^°* ^W ^® altered or repealed during the session
session. in which it shall have passed.
prrasenaot *^' ^- ^0 ^°* "or any portion of an act that shall be repealed,
ment only. shall be revived, unless by express enactment.
Prooeedtags^un- g. Where an act shall be repealed in whole or in part,
tinned under and other provisions substituted, all persons acting under
'^^'"' the old law shall continue tc act as if appointed under the
new law, until others are appointed in their stead, and all
proceedings taken under the old law shall be taken up and
continued under the new, when not inconsistent therewith ;
and all penalties may be recovered and proceedings had, in
relation to matters which have happened before the repeal,
in the same manner as if the law were stillin force.
aot"f meanSig^ '^- ^^ ^^^ Construction of acts, the following rules shall
oftorms i gene- be observcd, unless otherwise expressly provided for, or
provisions, g^^^j^ construction would be inconsistent with the manifest
intention of- the legislature, or repugnant to the context,
that is to say :
The words " queen" or " her majesty" shall include her
majesty, her heirs or successors.
" Governor" and " lieutenant governor" shall include the
governor, lieutenant governor or commander in chief, or
person administering the government of the province for
the time being.
" Sessions" shall denote the court of general or quarter
sessions of the peace for the county or district, and "special
session" shall denote a special sessions of the peace for the
county or district.
TITLE I.] CONSTRUCTION OP STATUTES. >
"Justice" shall signify justice of the peace. Chap. 1.
" Prothonotary " shall include deputy prothonotary.
" Clerk of the crown" shall include deputy clerk of the
crown.
"Jail" shall mean county jail, and where imprisonment is
prescribed it shall mean imprisonment in the jail or other
building within the county in which debtors may be legally
imprisoned.
" Warrant " shall signify warrant under hand and seal.
" Grantor" may be construed as including every person
from whom any freehold estate or interest passes by deed';
and " grantee" as including every person to whom any such
estate or interest passes in like manner.
" Highway" or "road" shall signify a public highway or
road, 'and may also include county bridges.
" Land," " lands," or " real estate," shall include lands,
tenements, and hereditaments, and all, rights thereto and
interest therein.
" Goods" shall mean personal property.
"Issue" as applied to the descent of estates, shall be
construed to include all the lawful, lineal descendants of
the ancestor.
" Eepresentatives " shall mean executors and adminis-
trators.
" Wills " shall include codicils.
"Month" shall signify a calendar month, and "year" a
calendar year ; and " year" alone shall be equivalent to the
expression " year of our Lord."
" Oath" shall include affirmations in cases where by law,
an affirmation may be substituted for an oath ; and in the
like cases the word " sworn " shall include the word
"affirm."
" Person" may extend to bodies politic and corporate as
well as to individuals.
" Folio " shall mean ninety words.
" Sureties" shall mean sufficient sureties; and "security"
sufficient security.
Every word importing the singular number only may
extend to several persons or things as well as to one person
or thing : and every word importing the plural number
only, may extend to one person or thing as well as to
several persons or things ; and every word importing the
masculine gender only, may extend to females as well as
to males.
All words purporting to give a joint authority to three
or more persons shall be construed as giving authority to a
majority of such persons.
Where a penalty shall be imposed, and no particular mode
be prescribed for the recovery thereof, the same may be
recovered in the name of any person who wiU sue therefor,
in the same maimer, and with the like costs, as if it were a
1
1: CONSTRUCTION OP STATUTES, [PAET 1.
Chap. 1. private debt due such person, the nature of the oiFence
being briefly stated, and where no particular mode of apply-
ing any penalty shall be prescribed, the same shall be paid,
one-half to the person who shall have sued therefor, and
the other half to the overseers of the poor for the place
where the offence was committed, for the use of the poor
thereof ; and where a penalty, or part thereof, shall be for
■ the use of the poor, it shall be paid to the overseers of the
poor for the place where the offence was committed, for the
Use of the poor thereof.
The imposition of a penalty shall not relieve any person
from liability to answer for special damages to a party
injured. Appeals to the supreme court shall be allowed by
justices of the peace, from every judgment given by them
in all cases tried before them, in the same manner and on
the same terms as are provided in civil suits, except where
otherwise specially provided.
All penalties and forfeitures, not exceeding ten pounds,
may be sued for and recovered before any two justices of
the peace; but if incurred within the city of Halifax, before
the police court.
Prosecutions for such penalties or forfeitures may be in
the name of any person, or of any corporate body.
Where authority to make appointments to public situar
tions is conferred, it shall include the power to fill up
vacancies caused by death, resignation, removal, or refusal
to act.
Where power to make bye laws, regulations, rules or
orders is conferred, it shall include the power to alter or
revoke the same, and make others.
No bye law shall be enforced if repugnant to law.
' When it is declared that any matter is to form a county
charge, the expense shall be presented, confirmed, assessed,
levied and collected with and by the same means as by law
directed with regard to other moneys for county purposes.
Where forms are prescribed, slight deviations therefrom,
not affecting the substance or calculated to mislead, shall
not vitiate them.
If the day upon which an act is to be done shall fall oh a
Sunday, Christmas Day, or Good Friday, the same shall be
performed on the day following.
Justices of the peace may administer aU oaths, with
regard to the taking of which no particular directions are
given.
Quakers or Moravians, where an oath is prescribed, may,
instead of taking the same, solepanly affirm in manner used
in their religion •; and such affirmations shall have the like
effect, and render. the parties taking them liable to the like
:penalties, if false, as attach to an oath.
When bonds are required to be given by a public officer,
they shall be taken in her majesty's name when not other-
wise directed.
"TITLE n.] OF THE LEGISLATURE. I
All oflStcers now appointed, or hereafter to be appointed Chap. 2.
by the . Governor, whether by commission or otherwise,
shall remain in office during pleasure only, unless otherwise
expressed in their commissions or appointments.
TITLE IL
OF THE LEGISLATURE.
CHAPTER 2.
OP EXECUTIVE AKD LEOISLATIVE DISABILITIES.
1. The following persons holding the situations herein- ^f^^°^^ ^'s.^-
after mentioned within the province, by themselves or theLegfaiaturo.
deputies, or by others in trust for them, or for their benefit,
shall be incapable of being appointed to, or holding seats in
the executive council, or of being appointed to, or of sitting
or voting in the legislative council, or of being elected as
members of, or sitting or voting in the house of assembly,
viz : the judges of the supreme court, the judge of the court
of vice admiralty, officers and clerks of the customs and
of colonial and light duties, and persons concerned in the
receiving or managing of any moneys to be collected under
any of such departments, the postmaster general, and
persons having a general control or superintendence over
the department, the deputy postmaster in Halifax, and per-
sons employed about the department there.
2. The appointment, election, or return of persons dis- Penalty in case
abled as hereinbefore mentioned, shall be void; and every °^°^'''^'"'-
person so disabled who shall take his seat as a member of the
executive council, or shall sit or vote as a member of the
legislative council or of the house of assembly, shall forfeit
ten pounds for every day in which he shall so' sit or vote,
to be recovered in the supreme court.
3. After the dissolution of the present house of assem- olfoeToSoiu®
bly no person holding any office of profit or emolument ment under go
under the provincial government shall be eligible as a mem- IiTg^Slf ' °°'
ber of the general assembly, unless within ten days pre- proviso,
viously to the holding of the sheriff's court for the nomina-
tion of members to serve in such general assembly, he shall
resign such office of profit or emolument, and signify such
resignation to the provincial secretary''. After dissoiu-
4. After the dissolution of the present house of assem- wy"no ono'in"
bly no person holding any office of profit oi- emoluinent "ScanTa'T
under . the provincial government shall continue to hold a ^!'^^j.'^^^||^''^
seat in the legislative council, unless within thirty days pi<oviso.
g (W THE LECflSLATURB. [PAET I,
Chap. 3. after such dissolution he shall resign sncbofEce of profit or
emolument, and signify such resignation, in writing, to the
provincial secretary,
to^fflc?™-^'' 5. Any member of the house of assembly, or legislative
cates Ms seat, council, accepting any such office after the dissolution of
the present house of assembly, shall vacate his seat thereby.
Offices to which (5_ Nothing in this act contained shsll extend to any one
aotdoesnotex-^^^ shall fill any of the following offices, that is to say:
provincial secretary, financial secretary, receiver general,
commissioner of crown lands, attorney general, advocate
0 general, solicitor general, queen's counsel, or one member
of the railway board in each branch of the legislature, nor
shall it extend to justices of the peace.
Memhers shall n Whenever anv person holding the office of receiver
not vacate seat , . . ^ •' '^ , « °. i , „j.i„„„„„
on change of general, provincial secretary, financial secretary, attorney
*"^'^''' general, solicitor general, commissioner of crown lands,
and being at the same time a member of the house of
assembly, shall resign his office, and within one month after
his resignation accept of any other of such offices, he shaU
not thereby vacate his seat in such assembly.
CHAPTER 3.
OP THE REPRESENTATION IN GENERAL ASSEMBLY.
Nnmher of 1. The representation in general assembly, shall be as
county and „ ,, ^ ° • " '
township mem-IOllOWS:
^^'^^- For the counties of Halifax, Hants, Kings, Queens,
Lunenburg, Colchester, Cumberland, Pictou, Sydney, Guys-
borough, Victoria and Inverness, each two members.
For the counties of Annapolis, Digby, Yarmouth, Shel-
burne. Cape Breton and Eichmond, each one member.
For the township of Halifax, two members.
For the townships of Newport, Windsor, Falmouth,
Horton, Cornwallis, Granville, Annapolis, Digby, Clare,
Yarmouth, Argyle, Shelburne, Barrington, Liverpool, Lunen-
burg, Truro, Londenderry, Amherst, Pictou, Sydney, and
Arichat, each one member.
Annapolis, Dig- 2. For the purposes of this chapter the township of
Londonderry"'' Aunapolis shall be understood as including that part of the
Knld^'''^^ ^'^" township of Clements within the county of Annapolis ; the
township of Digby as including the townships of Hillsburg
and Weymouth'; the township of Truro as including elec-
toral districts number one, two, three, four and five of the
county of Colchester ; and the township of Londonderry as
including electoral districts numbers six, seven, eight, nine,
ten, eleven, twelve and thirteen of the same county ; and
the- township of Sydney as including the township ot North
Sydney.
ttile u.] ltigfislative qualiticatioif. 'j
■Chap. 4, 5.
CHAPTER 4.
OF THE DURATION OF THE CENEBAL ASSEMBLE.
Duratioa of as-
1. No general assembly sliall determine merely m coii-|«™wy^not af-
sequeace of the demise of her majesty. Queen's death.
2. Th« general assembly shall continue four years from j^™§f °fi^[t^f
the time appointed by the writs for its meeting, unless
isooner dissolved, and aao longer.
CHAPTER 5.
OP THE QUALIFICATION OP vCANDIDATES AND ELECTORS, AND
FRAUDS nsr.EEGAED THERETO.
1. Every elector shall be qualified as follows, that is to Quaiifieation of
gg^y . electors.
First — He shall have a legal and not mere equitable free-
hold estate in possession by himself or his tenants in fee
simple, fee tail for his own life, or for the life of another ;
*^' -
Secondly — He shall be a mortgagor or cestui que trust in
possession by himself or his tenants : or,
Thirdly — The husband of a woman seized in dower of
the real estate of a former husband where the dower has
been set off and reduced into possession : or.
Fourthly — A person holding real estate within the.Islaaad
of Cape Breton under a crown lease or license of occupar
tion, granted by the former government of the island, and
which was in force at the time the island was re-annexed to
this province, or under a deed purporting to be a convey-
ance of freehold estate made from such titles, — the estate
in any case to be of the clear yearly value of forty shillings-;
and if a tenant in common, joint tenant or co-parcener, the •
individual interest to be of the clear yearly value of forty
shillings, to be estimated by the value of agricultural or
other produce which the land or property bona fide and
actually yields, or by the annual value of the buildings
thereon.
2. Fifthly — All natural born and naturalized subjects of fi„^"xtended°"
the crown of Great Britain, having been and being domiciled to aii natural
as hereinafter limited, and being males over the age of raUzed°su5eots
twenty-one years, shall te entitled to vote for members to °™y ^^ y®"''^ °^
serve in general assembly, that is to say, provided they
shall at the time of voting have had their usual place of . .
8 iEGISLATITB QUALIFieATIOJir. [PAET I.
Chap. 5. abode for at least one year next before voting in the coun-
ties for which they' shall vote for county members, and in the
townships for which they shall vote for township members ;
and provided also that such naturalized subjects so voting, and
such natural born subjects as were not born in Nova Scotia
shall, in addition, have resided in the province for at least
five yearsnext before voting; and provided also, that per-
sons, voting on residence shall only be entitled to vote in
the electoral districts in which they reside at the time of
voting, and which districts must be in the counties and
townships respectively, for representing which the candi-
Pau ersandin <i^tes are to be elected at that election ; and no person who
dfanB^disabied " shall have received aid as a pauper under any poor law irt
der"thS aef "'°" this province, or aid as poor persons from any public grant
of government money, within one year before the day of poll-
ing, nor any Indian, shall be entitled to vq^te on residence.
Eegistration of 3. No person shall be entitled to vote under a grant or
titles. conveyance made to himself, unless the same shall have
been registered six months previously to the teste of the
writ for holding the election ; but this provision shall not
extend to a person holding by descent, devise or marriage.
Qiiaiifloation of 4. A ca:ndidatB shall at the time of election have a qua-
candidates. ijfication which would entitle him to vote, except that it
may be situate in any part of the province, and the grant
or conveyance thereof need not be registered.
Fraudulent 5. Fraudulent conveyances for the purpose of qualifying
conveyances. yQ^erg subject to agreement for re-conveyance, shall be-
taken, as against the grantors, as absolute, and collateral
securities for defeating the estate, shall be void. And any
person making the conveyance, or voting by color thereof,
shall forfeit twenty pounds.
Penalties for 6. If a person shall knowingly, falsely, and fraudulently
de^ed8"or voting prepare, make or execute, or shall knowingly, falsely and
thereunder. fraudulently assist in the preparing, making or executing
any conveyance of land, or of any interest in land, or in the
possession thereof, in, or to which the party who shall
execute, or be intended to execute, such conveyance shall
have no legal or equitable title or claim, for the purpose of
falsely and fraudulentlj' creating an apparent title or interest
* in the land, or the possession thereof, whether with a view
to create a colorable or pretended qualification to vote at
an election, or for the purpose of falsely and fraitdulently
inducing a person to vote at an election, or for any other
fraudulent purpose whatsoever, or if a person knowing a
conveyance to have been so fraudulently made, shall know-
ingly, falsely, and fraudulently vote, or offer to vote, at an
election on any such false and fraudulent title, every such
person shall for every offence forfeit twenty-five pounds.
Prosecutions 7. Pro^ocutions under the two preceding sections shall
menoed.*"^™"" be comiiienced within twelve months from the committing
of the offence, and no prosecution under either section shall
TITLE n.] . LEGISLATIYE QUALIFICATION. 9
preclude a party aggrieved from prosecuting an action for Chap. 5.
damages, or prevent the recovery of a forfeiture under any
other section or chapter.
9. Every judgment recovered under this chapter, in de- imprisonment
fault of property of the defendant whereon to levy, and of
payment by him, may be levied on his body ; and the
defendant shall thereupon be committed to jail, there to
remain until the judgment be paid, or until he shall have
continued in jail for a period proportioned to the amount
of the penalty, viz : one week for every pound of the
penalty, but not in any case to eiceed three months.
9. At every election, the name of each person offering Persons offering
to vote by virtue of residence, shall be entered by the poll sworn— S- "
clerk in the poll book, and if objection be made in relation wo^sto be put.
to his right to vote at that election, by any person entitled
to vote at the same poll, the presiding officer shall tender
to him the following preliminary oath : — " You, A B, do
swear that you will fully and truly answer all such ques-
tions as shall be put to you touching your place of residejice,
and qualification as an elector. So help you God." The
presiding oificer shall then proceed to propose to the per--
son challenged, the following questions, or such of them as
shall be required by the person objecting.
First. What is your name ?
Second. What is your age ?
Third. In what county do you reside?
FouHh. In what township do you reside ?
Fifth. How long have you resided in this province ?
Sixth. How long have you resided in this county ? [or
" township;" if voting for a township.]
Seventh. Do you reside in this polling district?
Mgliih. How long have you resided in this polling dis-
trict ?
Ninth. Are you a native born subject of her majesty ?
Tenth. (If not a natural born subject.) Have you been
naturalized ?
Eleventh. (If a naturalized subject.) When and where
were you naturalized?
The presiding officer shall allow no other questions to be tJnneoeasary
, , '■ ° ,. ^ . , J- ■ ^ 111 Questions not
put to persons votmg by virtue oi residence, nor snail any permitted,
questions be put except through him, nor shall he permit
the time to be unnecessarily protracted on pretence of
questioning a vote, and the presiding officer shall promptly Purport of an-
put the questions, and the poll clerk shall instantly enter in sw6^| to be en-
the poll book the purport of the answers, and the same
being read to the voter shall be conclusive against him. If Effect of answer
the elector shall not promptly answer the questions, his Refusal to an-
name shall be expunged, and he shall not be allowed to poll
at that election. ^
10. The presiding officer shall point out to the elector, where quaiifl-
the qualification, if any, in respect to which he shall appear defioSn^'^"*"^'"
10' LEGISLATIVE QUALIFICATION. [PART L
Chap. 5. to the presiding officer to be deficient ; and if the person so
Objected votes.' off&ring shall persist in his claim to vote, and the objection
shall not be withdrawn, a candidate against whom the vote
is given, or his agent or inspector, may then direct the vote
^at^oaths^j to be marked " objected" on the poll book without requiring
nistered* ' the elector to be sworn, or he may mark the vote "objected,"
and require the oath number one to be taken by native
born Nova Scotians, the oath number two by naturalized
subjects or natural born subjects boi'n elsewhere than in
_ Nova Scotia, and the oaths numbers three and four by both
classes of voters ; and if any of the oaths prescribed by
this chapter be declined, the voter's name shall be imme-
diately struck out, and that person shall not be permitted
again to poll at that election.
When nnquaii- 11. If any person being so questioned shall persist in
peraFsUn TO- Voting notwithstanding his answers have clearly shown that
*'°s- }ie was not entitled to vote under the residence qualifica-
,tion, and shall take the final oath as aforesaid, the vote of
such persons shall be subject to the provisions of the thirty
/ ' ; Liiiih section of the seventh chapter, in the same manner as
therein is prescribed in the cases of the votes of persons
having voted in a wrong district, or more than once.
Voters who 12. No person shall lose any part of his residence by
have been ab- i. iti* ■ ^ ^ . 'i*i
sent from their being on board ship, or m any semmary oi learning, or
Senoe."^"^^^'' otherwise temporarily absent for any period less than one
year.
Residence qua- 13. Hereafter no person shall be entitled or permitted
MoationforTo- ^^ ^^^^ ^^ ^^^ election of a member to serve in general
assembly by reason of real estate situated in the township
or county in and for which he shall desire to vote, or by
reason of any property qualification whatever, unless such
person for three months next immediately preceding his
offering to vote shall have had, and at the time of voting
shall have, his actual residence and habitation within the
county in which his real estate or property qualification
lies, and in which he offers to vote at such election.
Every voter 14. Any persou offering to vote at any election for a
ne'xed*oatifif representative to serve in general assembly upon or in
'^^luiKdby respect of the possession of real estate or any property
qualifiation, shall, before he shall be permitted to vote, take
the oath number five in the schedule hereto annexed, if
thereto required by any candidate, candidate's officer, or
elector, in addition to any other oath he may be bound to
take.
Non-resident 15. Any person who by reason or on pretence or claim
pounds.'™ of the possession of real estate or any property qualification,
shall vote in any county in which for three months next
before the time of his so voting, he shall not have had, and
in whkh at the time of voting he shall not have, his
actual residence and habitation, shall forfeit ten pounds, tO
How recovered. ]jq recovered as a private debt by any candidate at such
TITLE II.] LEGISLATIVE QUALIFICATION. 11
election, except the candidate for whom such person voted ; Chap. 5.
or if no candidate shall sue therefor within three months,
then after that time by any person who will sue for the
same, and in, such action it shall only be necessary to prove
the fact of the election having been held, and of the de-
fendant having voted thereat, and of his non-residence for
three months- next immediately preceding such election.
SCHEDULE.
OatTi Number One.
You, A B, . do swear that you are a native born Nova
Scotian of the full age of twenty-one' years and upwards,
and that you have had your usual place of abode, for at
least one year next before this day, in the county of^
\or the township of as the case may be;] and that you
have not been polled, nor have given a vote for any candi-
date at this election ; and that you reside and have now
your place of abode within this electoral district. So help "
you God.
Number Two.
You, A B, do swear that you are a natural born [or, as
the case may he, naturalized,'] subject of the crown of Great
Britain, not born in Nova Scotia, of the full age of twenty-
one years and upwards, and that you have resided in this
province for at least five years next before this day, and
that you have had your usual place of abode for at least
one year next befcye this day, in the county of \or
the township of — , as the case may be ;] and that you
have not been polled, nor have given a vote for any candi-
date at this election for this county, [or township, as the
case may be ;] and that you reside and have now your place
of abode within this electoral district. So help you God.
Number Three.
You, A B, do swear that you have not, within one year
next before this day, received aid as a pauper under any
poor laws in this province, or as a poor person under any
public grant of the province. So help you God.
Number Four.
You, A B, do swear that you have not received and had,
by yourself, or any person whomsoever in trust for you,
or for your use and benefit, directly or indirectly, any sum
of money, office, place, emolument, gift or reward, nor any
promise or security for any money, office, place, employment,
gift or reward, in order to give your vote at this election,
and that you have not before this been polled, nor have given
a vote for any candidate at this election for this county [or
township, as the case may be,] and that your place of resi-
dence is at — — . Sp- help you God.
12 BBIBERT AND ELECTIONS. [PAET I.
Chap. 6. Number Five.
You, A B, do swear that for three months next imme-
diately preceding this election, you have actually resided,
and do now actually reside, within this county, in which
your real estate or property qualification, on which you
claim a right to vote, is situated ; and that you have not
been previously polled or given a vote for any candidate at
this election. So help you God.
CHAPTER 6.
OF BRIBERY AND TREATING AT ELECTIONS.
tainmentnot^'^' "'- '^'^ person shall recover from a candidate, or his
recoverable, v agents for entertainment furnished, at the request of any
of them, to other persons at an election; and if upon trial
it shall appear that any part of the plaintiffs claim is for
entertainment so furnished, he shall be non-suited.
Penalty for fur- 2. If a candidate during an election shall furnish, or
ms ing iquors. ^j|ijjjg|y permit to be furnished to an elector or person
claiming to be an elector, any intoxicating liquors, he shall
forfeit one hundred pounds.
Penalty for 3. If an elector, or person claiming to be an elector,
ceivhrgteibes. shall ask or receive any money or reward for himself or any
of his kindred, to vote, or abstain from»voting at an elec-
tion, he shall forfeit one hundred pounds.
Penalty for of- 4. If a person shall, by any gift or reward, or by a
fenng bribes, promise, agreement or security for any gift ot reward,
procure another to vote, or abstain from voting at an elec-
tion, he shall forfeit one hundred pounds.
Penalty how re- 5. In an action for recovery of a forfeiture under this
chapter, it shall suffice for the plaintiff to declare that the
defendant is indebted to him in the amount of the forfeiture,
and'tb allege the particular offence for which the_ action is
brought, and that the defendant hath acted therein contrary
to this chapter, without mentioning the writ for holding the
election or the return thereof
Limitation of 6. Actious under this chapter must be commenced within
actions. three months after the offence.
title n.] conducting elections. 13
Chap. 7.
CHAPTER?. "^'tJ-^rJ^^^-
ON THE MANNER OP CONDUCTING ELECTIONS.
1. The electoral districts and polling places shall remain Ofeftotorai dia-
,,,•11 ^ ° -"^ trlots.
as now„estabushea.
2. Electors residing in the vicinity of the townships of Electors near
Windsor and Falmouth, but not in either township, shall moutrwherelw
vote for the county of Hants, at the court house, 'in vote.
Windsor.
3. When a new assembly shall be summoned, or more Writs how
than one vacancy occur at or about the same time, the writs the?r oontenk
shall be so transmitted that the same may be received by
the respective sheriffs as nearly as may be at the same time.
There shall be at least forty days between the teste and ^
return of writs. The writs shall in the body thereof
express the day when the sheriff shall hold his court for the
commencement of the election, allowance being made for
enabling the sheriff to give at least ten days' notice of the
election throughout the county or township; and' in cases
of general elections, or where more than one writ shall be
required to be issued at or about the same time, the day
named for holding the sheriff's court for commencing the
election shall be the same in all the writs.
4. The sheriff shall, immediately on the receipt of a writ, on re'eefvin '^
endorse thereon the day of receipt, and shall forthwith the writ. " ■
cause notice in writing, or by printed handbills to be posted
in some of the most public places within every district in
the county or township for which representatives are to be
elected, which notices shall express the day when the
sheriff will l^oVi. his court at the county court house, for
opening the election, being the day named in the writ there-
for, and also the time and place at which, in case a poll be
demanded, the same will be taken, and the number of repre-
sentatives to be elected, and for what places in particular
under the writs then in the sheriff's hands; and the poll
shall be taken in the week next following that wherein the
sheriff's court for opening the election shall be appointed to
be held, and on the same day of the week as the day
appointed for holding such court.
5. The election for a county, and the toAvnships within p"™*/-*^"? .
, . • 1 n 1 1 J. J X xi. township olec-
it that return representatives, shall be conduoted at the tions to be con-
same time; and the polling for the county and townships ''"'"^'^*"^°"'"
shall, within the townships, be taken by the same presiding
officers and sheriffs' poll clerks, and at the same times and
polling places.
6. On the day appointed for opening the election, the sheriff's auty^
sheriff shall open his court at the county court house, which, Mur?.""'"^
14 CONDUCTING ELECTIONS. [PART I,
Chap. 7. in the county of Yarmouth, shall be at the court house in
Yarmouth, between the hours of ten and twelve of the-
clock in the forenoon, and shall read his writs, and shall take
the following oath, to be administered by a justice of the
peace or any two freeholders of the county then present :
" I, A. B., do swear that I have not received, and will not
receive, any sum of money, office or employment, or gratuity,
or any iDond, bill or note, or promise of gratuity whatsoever,
either by myself or another, to my use or advantage, for
appointing any presiding officer to take the poll, or for
appointing any poll clerk, or for making any return at this
election ; and that I will make such appointments impartially
and faithfully, and will, according to my best judgment, in
all things to be done by me in the election, act impartially
and according to the law."
And the sheriff shall then administer to the clerk whom
he shall have appointed to assist him in the election, an oath
for the faithful and impartial discharge of his duty, and shall
continue the court open until four of the clock in the after-
noon of that day; and on the same day, and as soon after
four of the clock as the duties remaining to be performed
will permit, shall finally close the court, or adjourn the same
to another day, as the case may require.
His duty at the 7. The sheriff shall, at his court, receive the names of
court. ^^^ candidates proposed by two freeholders of the county
or township previously to four o'clock; and their names
shall be, by the clerk, under the sheriff's direction, entered
in the sheriff's poll book, and no candidate's name shall be
entered after four o'clock, and at that hour the sheriff shaU
proclaim the names of candidates, and shall receive the
schedules of, and administer the qualification oaths to can-
didates whose qualifications may be questioned, and who
shall not have previously qualified ; and in the case of each-
election, in respect of which, previously to fou^, o'clock, no
more candidates are proposed than are required to be
returned, the election shall be forthwith determined, and
the sheriff shall declare the candidates proposed and who
shall have qualified if thereto required, duly elected mem-
bers, and shall make return of the writ accordingly ; and i^
cases of elections where opposing candidates shall be pro-
posed previously to four o'clock, who shall have qualified if
required as directed by this chapter, and wherein a poll has
been demanded, the sheriff shall then grant the poll, and
make proclamation of the time and place at which the poll
will be taken in the several districts, conformably with the
notices before conditionally given, and shall then adjourn
the court as regards the elections in which a poll shall be
demanded, to some day within five days next after the day
for taking the poll, then to be held at the same place.
SndldateP '^ §• If, at the court, an elector shall question the qualifi-
<i?aiifloation cation of a candidate, the candidate, if present, shall, before
TITLE II.] CONDUCTING ELECTIONS. 15
the court is closed or adjourned, deliver to the sheriff a Chap. 7.
schedule containing the particulars of his qualification, and,
at the foot thereof, subscribe the- following oath:
" I, A. B., do swear that I am by law qualified to' be elect-
ed a member of assembly, and that the foregoing schedule
doth contain a full, true, and particular account, to the best
of my knowledge and belief, of the property in respect
whereof I claim a right to be elected, and of my title
thereto, and that the same hath not been granted or con-
veyed to me fraudulently on purpose to qualify me to be so
elected."
And if a candidate whose qualification is questioned shall
not be present, there shall then be delivered to the sheriff
a schedule and deposition in writing in the foregoing form,
signed and sworn to by the candidate, or otherwise such
schedule signed by an agent appointed by Ihe candidate or
by any two electors, and also a deposition signed and sworn
to by the agent in the following form :
" I, A. B., do swear that C. D., a candidate for the [here
insert the county or township'] at the present [or approaching]
election is, to the best of my belief, qualified to be elected
a member of assembly, and that the foregoing schedule doth
contain a full, true, and particular account, to the best of
my belief, of the property in respect whereof the said C. D.
hath a right to be elected, and of his title thereto. And
that the same hath not been granted or conveyed to him
fraudulently on purpose to qualify him to be so elected, to
the best of my belief." The oaths to be administered by a
justice of the supreme court, a justice of the peace, or the
sheriff.
9. If the qualification of a candidate, when questioned, if qualification
shallnot, before the close or adjournment of the court, be oanlfdate'^m-
spewfied and verified as in the preceding section directed, eligible.
the candidate shall be incapable of being elected ; nor shall
his name be entered on the poll book, or if entered the
same shall be expunged at or before the" close or adjourn-
ment of the court.
10. No presiding; oflScer shall receive, nor shall any poll No votes reoeiv-
-S,, ° „ 'ti, *^fii able unless ean-
clerk record, the narcte oi a person as a candidate, nor shall didates' name
any vote be received for him, unless his name shall have " ^ ®°
been entered as a candidate in the sheriff's poll book at the
court, and shall not have been expunged ; and votes entered
on a poll book contrary to this provision shall, in respect of
such person, be expunged and not isounted by the sheriff in
casting up the votes.
11. "When a poll shall have been granted it shall be Srand^ciSg
opened in the different districts, at or near the polling place, poiis.
at eight o'clock in the morning of the day appointed, and
be kept'open until five o'clock in the afternoon, when it
shall finally close..
•12. The sheriff shall, prior to the polling, cause booths ^rTCtel'" ^
16 CONDUCTING ELECTIONS. [PART I.
Chap. 7. to be erected, or procure buildings at which the poll, may be
taken.
pS"ng6ffi'°^ 13. When a poU'has been granted the sheriff shall, by
oors and poll precept Under his hand, appoint a presiding officer for taking
the poll in each district, who shall be then resident within
the county and shall have been so for a year then next pre-
ceding, and shall thereby direct the presiding officer at the
appointed time and place to take the poll within the district
> as well for the county as the township, if such district
includes any part of a township that is to return a repre-
sentative ; and the sheriff shall also appoint a poll clerk for
taking the votes under the direction of the presiding officer
in each district, and the clerk shall prepare a poll book and
enter therein, in separate columns, the names of the can-
didates for whom votes are to be. given within the district ;
and the names of the candidates and the necessary informa-
tion regarding them shall, before the opening of the poll, be
furnished by the sheriff to the presiding officers, who shall
communicate the same to the electors when required ; and
the sheriff shall be responsible for the conduct of his pre-
siding officers and poll clerks.
Sheriff a presid- 14. The sheriff may act as presiding officer in a district
in"" onic6r -•
without precept and withotit taking the presiding officer's oath.
Duty of presid- 15. The presiding officer shall, at the Opening of the poU,
oafh°''iaOi'of^^ read aloud his precept and declare the names of candidates,
oioric. a,nd whether for county or township ; and shall at or before
the opening of the poll and before receiving a vote, take
the following oath :
" I, A. B., do swear that I have not received any sum of
money, office, employment or gratuity, or any bond bill or
note, or any promise of gratuity, by myself or another, to
my use or advantage, for making any return at this elec-
tion; and that I will faithfully discharge my duty at"'>the
election to the. best of my knowledge and judgment*; and
that I will return to the sheriff a true and faithful account
of the votes polled in this district wherein I preside."
And the poll clerk shall before or at the opening of the
poll take an oath in the same form down to the asterisk,
with the addition of these words thereafter : " and I will
faithfully record the votes received in the district where
I act as poll clerk."
The sheriff, a justice of the peace, and, in their absence,
any two electors, are authorized and required to administer
the oaths.
Appomtment of 16. The presiding officer shall appoint an inspector, an
agmt, clerk for agent, and a clerk, when nominated by or on behalf of a
-anuiuate ; his candidate, and their names shall be immediately entered in
the poll book, and the clerk shall take the following oath to
be administered by the presiding officer :
"I, A. B., do swear that I will take this poll fairly and
impartially by entering the ■ names and places of abode of
ca
oath,
TITLE n.] CONDUCTING ELECTIONS. 17
the electors, and the names of the candidates for whom they Chap. 7.
shall vote ; and also the description they may give of their
property and title to vote."
17. Elefctors for the county, in which they reside shall Electors how
vote for the county in the electoral district in which they Toto.
reside. Electors for the township in which they reside
shall vote for the township in the electoral distiict in which
they reside, Where a county and township election shall
be held at the same time, electors for both shall give their
votes for both at the same time ; and after once polling any
of their votes shall not be permitted to give any remaining
votes ; and if any such remaining vgtes shall be entered on
the poll book they shall be expunged by the presiding
officer, or, in case of his omission so to do, by the sheriff in
casting up the votes. The oath to be taken by the electors
in this section mentioned, when required, shall be the first
oath in the. schedule.
18. Electors for a township lying in the county in which Non-roaiaent
they reside, but in which township they do not reside, shall ors where to
vote for the township in the district in which their qualifi- ™''''
cation lies ; and the oath to be by them taken, when required,
shall be the second oath in the schedule.
19. Votes given in a wrong district shall be struck out S^STnd'fspnto.
of the poll book ; but where the boundary lines between
districts are doubtful, the district in which an elector is
reputed to reside, shall be held to be the district in which
he should vote.
20. Presiding ofScers, poll clerks, candidates, and the officers may
inspectors, agents, and clerks of candidates, may poll all their fngf ^ "^^ '^°
votes in the district where they are acting ; but the names
of inspectors and agents must have been previously entere4|
on the poll book as acting in the capacity. The oath to b^
taken, when required by voters under this section, shall be
the third in the schedule. Presiding officers shall make a
special return of voters given under this section for town-
ships in which their districts are not included.
21. An elector when questioned on behalf of a candidate, X^to'^bePfelfri-
through the presiding officer, shall truly describe the pro- bed -, manner of
.perty on which he votes, with the annual produce and value " ''^° '°°'
he derives therefrom, and his title thereto, and the time of ,
registry of deeds under which he votes, and the description,
annual value, title and registry, shall be entered in the poll
book and be conclusive on the elector : and a candidate
against whom the vote is given, or his inspector or agent,
may direct the vote to be marked " objected " on the poll
book, without requiring the elector to be sworn, or he may
mark the vote " objected," and cause the elector to be
sworn under the qualification oath applicable, and the oath
against fraudulent conveyances and bribery, being the fourthg
in the schedule, or either of them.
22. The presiding officer shall administer the oaths to be nSnistered. "''"
taken by electors, H
18 CONDUCTING ELECTIONS, [PAET I.
Lhap. 7. 23. If an elector, when required, shall not take the oaths
u'°oaih''?efaS(L prescribed, his vote shall be expunged.
Manner of Voi> ^4. The presiding officer shall prevent unnecessary delay
'°s- in polling, and no person shall be permitted to interrupt the
polling by addressing the freeholders, or otherwise ; and
for avoiding needless and factious questioning of voters, the
elector shall immediately state for whom he votes ; and
thereupon, the candidate against whom he votes, or his
inspector or agent, may require the presiding officer to put
such necessary and pertinent questions as may be proper
for ascertaining the elector's right to vote, and the presiding
officer shall allow no other questions to be put, nor shall
any questions be put, except through him, nor shall he per-
mit the time to be unnecessarily protracted on pretence of
questioning a voter, and the presiding officer shall promptly
put the questions, and the poll clerk shall instantly enter
in the poll book the purport of the answers, and read the
same aloud to the voter. If the elector shall not promptly
answer the questions his vote shall be expunged, and he
shall not be allowed to poll again..
Duty of presid- ^^- ^^® presiding officer, after the close of the poll, and
ing officer on before making return to his precept, shall subscribe in
ooseo po . ^-^^ p^jj ^QQ^ ^.jjg following oath, to be administered by a
justice of the peace or two freeholders of the district :
" I, A. B., presiding officer for the district of , in
the county of , do swear that the poll clerks were
duly sworn, and that to the best of my belief this poll book
was truly and correctly taken under my direction," and con-
tains a true and correct statement of the votes taken at the
poll for the district held in pursuance of the sheriff's pre-
J|pept to me directed, and tested the day of , in the
year of our Lord one thousand eight hundred and — ■- — ."
?n"ofoseof^poU. ^^- '^^^ P°^^ ^^^^^' ^^*®^ *^® presiding officer shall have
taken the oath in the preceding section, shall enclose and
seal the poU book, and deliver it to the presiding officer at
the poll, who shall give a receipt therefor, and shall forth-
with return the same, so sealed, with his receipt, to the
-sheriff.
Penalty for mis- 27. If a presiding officer shall not, when required,
sicfing^offlcery" administer the oaths to an elector in a competent state of
mind to take them, or shall allow any person to interfere,
or put questions to voters, by which time is taken up, or
shall put questions other than in this chapter specified, con-
trary to the wish of any candidate or his agent, or shall
wilfully protract, or permit to be protracted, the polling, or
shall otherwise offend in the premises, he shall forfeit ten
pounds for every offence.
fetamrn-°poU* ^^- ¥ ^ Presiding officer shall not, before the opening of
book. ° ©the sheriff 's court on the day to which the same was ad-
journed, return the poll book and his precept to the sheriff, or
shall alter the poll book, he shall be liable to an action for
•
TITLE n.] COKDUCTIXG ELECTIONS; 19
damages at the siiit of any party aggrieved, -and shall also Cuap. 7.
forfeit for every offence fifty pounds, and the further sum "
of five pounds for every day's neglect to return the poll
book.
29. If a poll clerk shall offend in the premises he shall Ponaityforpoii
forfeit ten pounds for every offence. SS'' '"'""""
30. If any elector shall knowingly vote in a wrong dis- Ponaity for vr,-
trict, he shall for every offence forfeit five pounds. (Sria.'' ^''^"^
31. If a person shall vote more than once at the same fi^JlfoVotw
election for the same county or township, or shall vote pr peisonatuiK
under a false name, or shall personate and vote in the name
of another, or not being qualified to vote, shall knowingly
vote, he shall for every offence' forfeit twenty pounds.
32. The sheriff at his courts, and the presidino- ofScers at shorifisandpiT.
their polling places, shall be, during the day on which the conscn-atois of
election or polling may be prosecuted, conservators of "'^ '"*'""*■
the peace, and vested with the same powers for the pre-
servation of the peace and the apprehension and committal
for trial or holding to bail, or trying and convicting
violators of the law and good order, as are vested in
justices of the peace ; and for the purpose of preserving
peace and good order at the election or polling, the sheriff
or presiding officer may require the assistance of all persons
present to assist him, and may commit any persons for
breach of the peace, violating or threatening electors at, or
coming to, or returning from, the election or polling, or for
any violation of good order, to the custody of any person
on view, for anj'' time not exceeding twelve hours, or may,
by a writing under his hand, commit to prison for a like
offence for a period not extending beyond the second day
thereafter, and, at the expiration thereof, may cause the,
offender to be brought before a justice of the peace, who
shall inquire into the matter, and may fine the offender in a
sum not exceeding forty shillings and costs, and commit him
to jail until the fine be paid ; and all persons present are
enjoined to assist the oflScer presiding and justices in dis-
charging such duties under pain of being guilty of a misde-
meanor ; and justices residing in the district, upon being
notified in writing by the sheriff" or presiding officer, shafl
attend to aid in preserving peace and order : and the jus-
tices, sheriff, and presiding officers, may, when considered
necessary, swear in special constables to act as peace
officers, and assist in maintaining peace and order ; and
upon the written application of a candidate or his agent, or
two electors, the sheriff or presiding officer shall swear in
such special constables as may be requisite.
33. If a presiding officer, before the termination of the Poll cleric to act
poll, shall die, or be incapable of performing, or shall not onicir'iji ei^c of
perform, his duty, the poll clerk shall act in his stead and ^J'^|.|'
perform his duties ; but before commencing his new duties
he shall appoint a poll' clerk, wJio shall, with the new pre-
2
^\\\M i.'f (icci-
20 CONDUCTING ELECTIONS. [PABT I.
Chap. 7. siding officer, previotisly to entering upon their duties, take
the oath< prescribed for presiding ofScers and poll clerks,
.and thoy shall have the same powers and be liable tO' the
same, penalties in their new capacities as if originally tip-
pointed.
'','11 cleric's 3i. If a poll clerk shall, before the termination of the
[fi'^aiirraso^of poll, die, or be incapable- of performing, or shall not per-
SACi.icnt. form his duty, the .presiding officer shall appoint another
poll clerk to act in his stead; aad the new poll clerk,, before
entering on his duties, shall take, in manner as if originally
appointed, the oath prescribed ; and he shall have the same
powers and be liable to tire same penalties as if originally
appointed poll clerk. ' ' .
sherifife duty on 35. The sheriff shall keep the poll books unopened until
L,l'?ourt' ;'"pro- the re-assembling of his court on the day to.Avhich the same
cjiijkia™ "*' shall have been adjourned, and tlien he shall openly break
the seals thereon, and cast up the votes as they appear on
the poll books, adding those on the special returns, and
shall then openly declare the state of the poll ; and if
within one hour thereafter no objection shall be made on
the ground of persons havin'g voted in a wrong district, or
more than once, as hereinbefore mentioned, he shall forth-
with thereafter proclaim the candidates having the majority
of votes as duly elected members, and make return accor-
dingly ; but if a candidate, or three freeholders for the
county or township shall, within the hour, make objection
that a person has polled in a wrong district, or more than
once, contrary to the provisions of this chapter, and shall
require the sherift' to investigate the objection, the sheriff
shall not then proclaim the member chosen, but shall adjourn
to the next day but one thereafter, at te.n o'clock in the
forenoon, at the same place, and shall then and there pro-
ceed and continue from day to day to hear evidence for or
against- the objections, and if it shall thereupon clearly
appear that a voter has been polled in a vv-rong district, or
more than once, contrary to the ])rovi!<ions of this chapter,
the sheriff shall expunge his vote from the poll book, and
shall forthwith thereafter, luiviug ascertained the corrected
numbers of votes, proclaim the cau(li(!t,tes having then the
majority of votes as duly elected members, and. shall' return
the evidence given on the invcsticT.tion, with his writ, to bo
laid befui-o the house of assembly, Ijiit no decision of the
sheriff on tlie in\-estigatioii sJjull c( include any candidate or
freeholder who muy petitio]! the liouse thereon either with
or without the prosecution of a general scrutiny. Wit-
nesses on the investigaticu sliall be sworn by the sheriff.
r^viacrSiThcI 36. If a slieriff sliall falsely and wilfully expunge a vote
1' !• from the poll book, or wilfully return any person as duly
elected who shall not have the majority of votes on the
poll book, or shall A\dlfully be gujfcy of a violation of this
chapter, he shall forfeit two hundred pounds.
TITLE 11.] CONDUCTING ELECTIONS. 21
•
37. If at the final declaring of the election, a candidate, Chap. 7.
or his agent, shall publicly demand a scrutiny, the sheriff demand of ' '
shall immediately give notice that on the day next following eorutmy.
he will attend at a central and convenient place in the
county or township, to be then named, and at an appointed
hou-r to proceed in tlic scrutiny.
88. When anj^ of the precepts fpr taking the poll shall JProoedure
not be returned at the time to which the sheriff's court books not
was adjourned, the sheriff shall not examine the returns '''''"™'"^-
made, but shall further adjourn the court to the following
day, and so from day to day until the precepts and poll
books shall have been all returned, and in making such
adjoxiiaiment. the sheriff shall publicly declare the reason,
and he shall- in no case continue the adjournment if the
house of assembly be in session, or to so late a 'day as shall
interfere with the return of his writ in time for the then
nest session; but he shall in such-cases complete the elec-
tion and return his writ notwithstanding the deficiency of
returns, and he shall in his return mention the deficiencies.
39. If a presiding officer shall not have returned his Warrant
precept and poll boolv at the proper time, the sheriff or a f^Sloor.'"''*'*''
candidate, or a freeholder, may make complaint thereof on
oath before a justice of the peace, who shall summon the
presiding officer to answer the same; and if he shall riot
appear and shew good cause for the delay, the justice shall,
by warrant, commit him to jail until he shall make due
return of his precept and proceedings thereon, together
with his poll book.
40. A candidate against whom a vote shall be wrong- Caniidate's re-
fully polled, or against whom, or to the prejudice, or with grieyod ^" '^^'
the intent to prejudice whose interest, any act shall be
wrongfully done contrary to this chapter, and for which
vote or act a forfeiture is herein imposed, may. Within six
months from the commission of the offence, prosecute for
the forfeiture, and, upon recovery, the amount, after deduct-
ing charges incurred by the candidate about the prosecu- ■
tion, shall be paid to the overseers of the poor for the place
where the offence was committed, for the use of the poor
thereof If no prosecution shall be pending, or have been
prosecuted to final judgment, then any person may prose-
cute for the penalty at any time after the expiration of the
six months and before the expiration of twelve months
from the commission of the offence.
41. Judgments for penalties under this chapter shall be Judgment tor
levied with costs on the goods or lands of the defendant, Foreod.^ ""*
and for want thereof, or of payment by the defendant, may
be levied on his body, and the defendant shall thereupon
be committed to jail, there to remain until the judgment bp
paid, or unfil he shall have continued in jail for a period
proportioned to the amount of the penalty, that is to say,
one week for every pound thereof, but such imprisonment,
shall in no case exceed three months.
22
CONDUCTING ELECTIONS.
[part I.
Chap. 7.
Penalties how
jeeovercd.
Sheriff's fees
aod charges.
Meaning of
terms.
42. Penalties imposed by this chapter shall be recovered
' with costs as follows : when the penalty shall not exceed
twenty pounds, it shall be recovered in a summary manner
before two justices of the county, from whose judgment
either party may appeal to the supreme court on giving
good security as follows: in the case of the plaintiff for
payment of the defendant's costs, and in case of the defend-
ant for payment of the penalty and costs if judgment shall
be given against the appellant ; and the supreme court shall
try the same, and give judgment in manner practised in
summary causes. When the penalty shall exceed twenty
pounds, the same shall be recoverable by action of debt in
the supreme court, in which action it shall suffice for the
plaintiff to set forth in his declaration that the defendant is
indebted to him in the amount of the penalty sought to be
recovered, and to allege the particular offence for which
the action is brought, and that the defendant hath therein
acted contrary to this chapter, without mentioning the writ
for holding the election, or the return thereof; and on the
trial parol proof of the election shall be sufficient prima
facie evidence without producing the writ.
43. On the return of a writ the sheriff shall be entitled
to receive from the provincial treasury thirty shillings for
every member returned. Where there is no contest he
shall be entitled to ten shillings from every candidate. And
where there shall be a contest and a poll demanded, twenty
shillings from every candidate instead of ten shillings. And
further, where there shall be a contest there shall be paid
to the sheriff by the candidates, in just proportions, accord-
ing to the number of the polHng places in which each can-
didate is interested, the following sums: twenty shillings for
providing a booth or polling place- for each district, except
where the polling place shall be a public building that can
be had without charge, twenty shillings forevery presiding
officer, and ten shillings for eveVy poll clerk, to include
their travelling fees, and the fees shall be paid to the sheriff
on the day of opening his court for commencing the elec-
tion ; and the name of no candidate shall be entered on the
sheriff's poll book, or returned to presiding officers, who
shall not have paid or tendered the sheriff the full amount
due from him under this section before the adjournment of
the court on that day.
44. The word "sheriff" herein shall mean sheriff, under
sheriff, or deputy sheriff; " presiding officer" shall mean the
person presiding to take the poll ; " district" shall mean
electoral district ; and " election" the election of members
to serve in general assembly where the sense requires such
constructions.
TITLE n.] CONDUCTING ELECTIONS. . 2
SCHEDULE. Chap. T.
Elector's oaths. ,
1. You, A. B., do swear that you are by law qualified to
vote for this election for the county of and for the
township of respectively, [or for one of them, as tlie
case may 6e,] in right of the property and title which have
now been taken down in the poll book, and read to you ;
and that you have not been polled nor have given a vote
ibr any candidate at this election within this district or any
other district, and that the place of your abode is at
in the \toion, district, or settlement, as the case may he,']
of — ^ and is, according to the best of your knowledge
and belief, within this electoral district.
2. You, A. B., do swear that you are by law qualified to
vote for this election for the township of in right of the
property and title which have now been taken down in the
poll book, and read to you ; and that according to your
best belief the said property lies in this electoral district,
and that you have not been polled, nor have given a vote,
for any candidate at this township election, either in this
district or any other district, and that the place of your
. abode' is within this county, but is not within the said town-
ship of
3. You, A. B., do swear that you are by law qiialified to
vote for this election for the county of and for the
township of respectively, [or for one of them, as the
case may he,] in right of the property and title which have
now been taken down in the poll book, and read to you ;
and that you have not been polled, nor have given a vote,
for any candidate at this election, within this district or any
other district, and that the place of your abode is at
[in the township, district or settlement, as the casemay he,]
of .
. i. You, A. B., do swear that the property in respect
■fyhereof you do claina a right to give your vote at this
election for the county of , and for the township of
■, or for either of them, [or for the county of
or for the township of as the case may he,] hath not
been granted or conveyed to you fraudulently on purpose
to qualify you to give such vote, and that you have not
received or had by yourself, or any person whomsoever in
trust for you, or for your use and benefit, directly or indi-
rectly, any sum of moneyj office, place, employment, gift or
rciward, nor any promise or security for any money, office,
place, employment or gift, in order to give your vote at this
election, and that you have not before been polled, nor hav(i
given a vote, for any candidate at this election, and that
your place of residence is at .
9.
'24 scEDfiSfiES. [part l
Chap. 8.
CHAPTER 8.
OP SCRUTINIES.
Riieriff's doty 1. When a scrutiny shall be persisted in, the sheriff shall
peiS'stodta"''' • attend at the appointed time and place with a clerk, and
every candidate desiring to proceed in the scrutiny shall
then, by himself or his agent, name a freeholder as sheriff's
assistant.
Oath of sheriff's 2. The sheriff and his assistants shall then take an oath
in the loUowmg turm :
" I, A. B., do swear that I will act impartially in the hold-
ing of this scrutiny."
The oath to be administered to the sheriff by a justice of
the peace, and to the assistants by the sheriff.
©i«rt'8oath. • 3_ The clerk shall take an oath in the foUowingform: '
" I, A. B., do swear that I will faithfully perform my duty
at this scrutiny."
The oath to be administered by the sheriff.
Appointment of 4. The sheriff and assistants, after the oaths have been
tm^iaUnY!^"^ administered, shall appoint a time and place for proceeding
with the scrutiny ; the time not to be less than three days,
nor more than seven days thereafter.
SuSny"''*""'*' ^' The sheriff and his assistants and clerk shall, at the
time and place appointed, proceed with, the scrutiny, and
shall continue the same from day to day so long as any
party shall tender evidence.
Bvidenoo, how 6. The sheriff and his assistants shall determine upon
jested. the reception or rejection of evidence, and shall have each
one voice therein, and where equally divided, the sheriff
shall have an additional casting voice.
Baty of oierk. Y_ ^he clerk shall take down in writing and engross the
evidence received, and shall minute and keep with the testi-
mony, papers received.
Votes marked 8. No vote shall be Scrutinized which shall not have been
seratinizSd!^ ^ marked objected on the sheriff's poll book.
Votes polled in 9. The circumstance of an investie-atidn havinsr been
a wrong djBtfiot ,1 ,^ -i /■ x i •■ i n n . '^
had on the ground ol a voter having been polled m a wrong
district, or more than once, shall hot prevent its being
scrutinized on other gTounds if marked objected.
wtZem^B^"^ °^ ^^' ^° person shallbe a witness touching his own vote.
Witnesses how 11. Witnesses shall be sworn by the sheriff.
wpKitostscoD- 12. .Protests in writing may, at or before the close of
j^rmngevi- ^q scrutiny, be filed on behalf of any candidate proceeding
in the scrutiny in respect of the reception or rejection of
evidence ; such protests to set out specifically the evidence
received or rejected, and thereasons for the dissatisfaction
with the decision in reference thereto.
TrrLB II.] scRUT?rNiES. 25
13. , If the sheriff shall be unable personally to hold the Cijap. 8.
scrutiny, the deputy sheriff, or other person specially wiien deputy '
deputed by the sheriff, shall hold the same in the manner, fioidfc?utmy
and with the rights, and subject to the provisions, as the
sheriff if present.
14. If a sheriff's assistant shall not attend throughout shaiinotattenj
the scrutiii}', another freeholder nominated on liclialf of the another to be
candidate by whom the assistant shall have been chosen, ^^^°™ '^
shall be sworn,- and act in his place in lilie manner.
15. If the clerk shall, at any time, not attend, another notattcnd^'llo-
shall be appointed by the sheriff in his place, and be sworn, pointe'd!'^ ''''"
and act in like manner, and have the same rights.
16. The sheriff shall return to the house of assembly the ^5„'Sn2'to''
•engrossed copy of evidence and proceedings held at the the assomSiy.
scrutiny, with a certificate annexed" under his hand and the
hand of his clerk, and also the original papers received at
the scrutiny.
17. The slierifi" shall be entitled to receive ten shillings sheriff's fees on
for every day he shall be actually engaged in holding the
scrutiny from ei/ery candidate proceeding therein.
18. The clerk sliall be entitled to receive six pence per clerk's fees by
fclio for the original minutes, and three pence per folio for
the copy for the assembly ; the amount to be paid in equal
proportions by the candidates proceeding in the scrutiny.
. 19. Every candidate proceeding in the scrutiny shall be tiedlJoSopS ol
entitled to receive from the clerk a fair copy of the minutes, Himutes.
upon paying therefor three pence per folio.
20. If a candidate who demanded the scrutiny shall, yorfngexp™^'"
after appointing his assistant, abandon the same, or, having ces where sorn-
gone through the scrutiny, shall not petition the house of
assembly against the election, and enter into the requisite
recognizance adid proceed in the investigation, the opposing
candidate at the scrutiny may, after demand made, recover
from him, by action in the supreme court for money paid,
the expenses incurred for sheriff's and clerk's fees at the
scrutiny, and for the engrossing of papers and necessary
attendance .of v/itnesses therea,t ; the expenses to be first
taxed, and the just amount thereof determined on proof on
affidavit, by a judge of tlie supreme court after reasonable
notice to the opposite party, according to the rates estab-
lished in the supreme court.
21. If a sheriff shall wilfuUy be guilty of a violation of ^.P^'f^^' ^'^ ''''"■
tills chapter, he shall forfeit two hundred pounds. duct.
llliSCOIj-
20 controteetbd -elections. [pa-et i.
Chap. 9.
CHAPTER 9.
OF CONTEOTEBTED ELECTIONS.
QuaiificatioDs 1. Eveiy oiembcr, before he assitmes his seat or shall
cf mwiibcis ; pj^.ggyj^g ^g ^,Q^g -^ ^i-jg i^o^^j,Q Qf assembly, if required by
order of the house, shall deliver to the clerk a schedule con-
, ■ taining the particulars of his qualification, and at the foot
thereof shall subscribe the following oath, to be adminis-
tered by the clerk :
" I, A. B., do swear that I anv by law qmalified to be elect-
. ed for the house of assembly, and that the foregoing sche-
dule doth contain a fall, true, and particular account, to the
best of my knowledge and belief, of the property in respect
whereof I claim a right to be elected, and of my title
thereto, and that the same hath not been conveyed or
granted to me fraudulently on purpose to qiialify me to be
80 elected.-'
And he shall also dehver to the clerM the title deeds or
papers under which he claims title to the property in the
schedule, or attested copies thereof
ProceedingB on 2. When a petition complaining of an undue election, or
rretifni!^"™^' rctum of a member to serve in the house of assembly, slaall
be presented to the house, a day and hosar shall be appoint- ■
ed by the house for taking- the same into consideration, and
notice in writing shall be forthwith given by the speaker to
the petitioner and the sitting member, or their agents,
accompanied with an order to them to attend the house at
the time appointed, by themselves, their counsel, or agents, . >
and if at the time appointed none of the petitioners shall
appear, either personall}'-, or by counsel, or agent, the order __,_,
for taking the petition into consideration shall be discharged, V^
and the petition shall not be further proceeded in. No such '■:
petition shall be received after fourteen days shall have '
elapsed from the time that the member whose return is
complained of shall have taken liis seat.
Reco!!;mance 3. No proceeding shall be had on a petition unless at or
r^iuue . before the time appointed for consideration thereof at least
one of the petitioners shall' enter into a recognizance to her
majesty, with sureties, in the sum of two hundred pounds,
for the payment of the costs and expenses that may become :
payable by the petitioners, under any report of committee •
on the petition ; the recognizance, in case of non-payment, ' '(
to be estreated for the benefit of the parties entitled to the •.,;:,?;
costs and expenses. '*'
I'l-occodinL's on 4. If before the day appointed for considering the peti-
uudeicudcil
tuni.
tion the member Avhose return is complained of shall die, or
accept the office of legislative councillorj or declare^ under
TITLE n.] CONTEOVEKTED ELECTIONS. 27
his hand, his intention not to defend his return, the speaker Chap. 9.
shall give notice thereof in writing to the sheriff of the
county where the election was had, and shall also notify the
same in two public newspapers, so that any of the free-
holders of the county or township for which the member
was returned uaay, if they think fit, petition the house to
be admitted as parties in the room of the member, and they
shall thereupon be so _ admitted as parties, and stand, as
respects the controversy, in the place of the sitting member.
5. At the time appointed for considering the petition, y™™m«'rolcon-
and previous to reading the order of the day therefor, the sidenngtheij.>
speaker shall direct the sergeant-at-arms to go to the places
adjacent and require the immediate attendance of members
on the business of the house ; and after his retutn the house
shall be counted, and if there are less than thirty-three
members present the order shall be adjourned to a particu-
lar hour on the following day, when the house shall proceed
in the same manner, and so, from day to day, until there
shall be in attendance thirty-three members at. the reading
of the order. ^
^ 6. When thirty-three members shall be present, the committoe how
petitioners, their counsel or agents,, and the counsel or
agents of the sitting member, shall be ordered to attend at
the bar, and then the door of the house shall be locked, and
no member shall be suffered to enter into or depart from the
house until the drawing shall be completed. The order of
the day shall then be read, and the names of the members
written on distinct pieces of paper, and, as nearly as may
be, of equal size, and rolled up in the same manner, shall
be equally divided, and put int6 two several boxes placed
on the table, and shall be shaken together, and the clerk
shall publicly draw out of the boxes alternately the pieces
of paper and deliver them to the speaker to be read to the
house until fifteen names of menjbers -then present be
drawn.
' 7. If the name of a member who shall have voted at the Names of mem-
election complained of, or against whose return a petition ereotion,orperi-
shall be depending shall be drawn, it shall be set aside. to°blsefasSI''
8. If a member drawn shall verify, on oath, an excuse, luomiiers how
the substance thereof shall be taken down by the clerk, in cus'lii'"'" ^'^
order that the saine ma}' afterwards be entered on the
journals, and the opinion of the house shall be taken thereon,
and if they shall, resolve that' the member is unable to serve,
or cannot, without great detriment, serve on the committee,
he shall be exctised therefrom.
9. If the name of a member then serving on one elec- Members serr-
tion committee be drawn, he shall be excused from serving to beSusod.™
on a second.
10. When members are set aside or excused, others shall When membei's
be drawn in their place, who may in like manner be set nMnl^tobe"^'
aside or excused and others drawn in their place until the '1™^°'
28' CONTROVERTED ELECTIONS. [PART I.
Chap. 9, whole- nuipber of fifteen members not liable to be set .aside
■ or excused shall be complete. ' _
rommittee how 11. When the drawing shall be completed the doqr of
^"rni'hoVad- the house shall be unlocked, and lists of the fifteen mem-
joamed. |3gj,g gj-ja^u ^g gj^.p^^ ^0 gj^^h party, and they shall nnmediately ■
retire with the clerk or his assistant, und^ each party, his
counsel or agent, beginning on the part of the petitioners,
shall alternately strike off one of tht; fifteen members until
the number shall be reduced to seven; and the clerk or
assistant, within one hour at fiirthest from' the time of the
Hsts being given, shall deliver into the house the names of
the seven members then remaining. And the seven mem-
bers shall be sworn at the table " well and truly to try the
matter of the petition referred to them, and a true judgment
to give according to the evidence," and shall be a committee
to deterinine the election ; and the house shall by order
direct them to meet at a certain time, and the place of their
meeting shall be in a committee room of the house, and
they shall sit every day, and shall not adjourn for more than
a day without leave of the housey» upon special cause
assigned.
Committee how 12. If at the time appointed for considering the petition
ptruuk in unde- tlie sitting member shall not appear by himself, or his
leuded coses, counscl or agent, the committee shall be appointed as fol-
lows: the names of fifteen members shall be drawn in man-
ner hereinbefore prescribed, but in reducing the lists the
clerk or clei'k's assistant shall stand in the place of the
sitting member ; and the same method of reducing the
number shall be followed w^henever a party waives his right
of striking oft' names,
^oleutejf" '*"^ ^^- "^^^ committee shall, on meeting, select a chairman,,
and if in the selection the voices are equal, the member
whose name was first drawn in the house shall have, an
additional casting vote ; and the same course shall be pur-
sued, if necessary, to elect a new ehiilrmaii, on the death ox
necessary absence of the previous chairman.
t™tmmmittm ^'"^ '^^'^' commiftec shall have power to send for persons
and papers, and shall examine witnesses on oath, and shall
consider evidence and proceedings duly had on a scrutiny,
and referred to them by the house, and may admit additional
evidence sworn to be material, and which in their judgment
ought to be recei\-ed ; and shall determine whether the
petitioner or the sitting member, or either of them, is duly
returned or elected, or whether the election is void, oV
whether a new writ ought to issue ; and their determination
shall be final, and the house on being informed thereof by
the chairman of the committee, shall order the same to be
entered on the journak, and give the necessary directions
for carrying the determination of the committee into execu-
tion. ,,;
rei™rtspeoittUy 15- If the Committee shalhcome to any resolution other
TITLE 11. j CONTROVERTED ELECTIONS. 29
than the determination above mentioned, thej^ nicay report Chap. 9.
the fsauie to the house for their opinion, and the house may
confirm or disagree with the resolution, and make order
thereon as they may think proper.
16; No member of the committee shall absent himself Committee-man
therefrom ^^ithout leave of the house, and the chairman Beif™*'"" '"""'
shall report the name of a member so absenting himself,
who shall, for his neglect, be punished or censured at the
discretion of the house-; and the committee shall never
proceed unless five members are present.
17. If the members' of tlie committee shall be unavoid- Where oomrait-
ably reduced to less than five, and shall so continue for les/thauavo." .
three days, the committee shall be dissolved, and another"
chosen in like manner ; but the evidence already taken shall
be considered by the new committee.
18. If persons summoned by the committee shall dis- Disobedience t«
obey the summons, or if witnesses before the committee ou^JJJft°oe.'
shall prevaricate or misbehave in giving or refusing to give
evidence, the chairman inay, by direction of the committee,
report the same to the house for the interposition of their
authority or censure.
19." When the committee' shall think it necessary to' Their power
deliberate among' themselves, they may, after hearing the fncei-taiu^oises.
evidence and counsel on both sides, direct the room to be
cleared.
20. Decisions of the committee shall be made by a ma- Yo"ei°shl'ii''de-
jority of voices, and if the voices be equal, including the cide.
chairman, he shall have an additional casting-vote.
21. The oaths by this chapter directed to be taken in Oaths how ad-
the house shall be administerecl by the clerk or his assistant, """'''
and those before the committee by the chairman.
22. If the general assembly shall be' prorogued while a gfJlon''wuue™a
committee shall bO sitting, the committee shall not be dis- oommitteo sit-
solved, but shall be thereby adjourned to twelve o'clock *°°'
on the fourth day following that on which the assembly
shall meet again in session, and the former proceedings of
the committee shall remain in force, and the committee shall
meet at the time to which it shall be so adjourned, and con-,
tinue to act as if there had been no prorogation.
23. The committee when they report their final deter- ^°^PJ'"^ethcr
mination to the house, shall also report whether the petition f^j^Pfuug'"" ™^
did or did hot appear to them frivolous or vexatious, and
also whether the opposition thereto did or did not appear
to them frivolous or vexatious.
24. When a petition shall be reported frivolous or'vex- ^„ftP|ftiJ?oJ<,";
atious, the sitting member shall be entitled to recover from expenses re-
tire petitioners, or any of them, the expenses of opposing ''"^®™
the same. ■ • •
25. When the opposition to a petition shall be reported f "pXti™™*-"
frivolous or vexatious, the petitioners shall be entitled to ported frivolous
recover from* the sitting member the expenses of prosecut- cJraaik-/''"
ing such petition.
30 VACATING SEATS. [PAET ].
Chap. 10. 26. The expenses of prosecuting or opposing a petition
ETpensos how sliall include witnesses' fees as well as other costs and
taxed. expenses, and shall be ascertained as follows : — The speaker,
on application, shall direct them to be taxed by the clerk of
of the house and a master in chancery, who shall tax the
same and report the amount to the speaker, who, on the
approval of the house, or of such part thereof as the house
may allow, shall, on application, deliver to the parties a
certificate under his hand, expressing the amount of the
expenses allowed ; and the persons appointed to tax the
expenses and report the amount shall be entitled to such
fees, to be paid by the parties for whom the bill is taxed,
and included therein, as may be fixed by resolution of the
the house.
Expenaos how 27. The parties entitled to expenses, or their represen-
rscuvtro . tativcs, may demand- the amount certified from any of the
persons Hable therefor, and on non-payment may recover
the same by action of debt in. the supreme court, wherein
it shajl be sufficient for the plaintiffs to declare that the
defendants are indebteji to them in the amount certified by
virtue of this chapter ; and the certificate signed by the
speaker shall have the effect ef a warrant to confess "judg-
ment, and the court shall on motion, and the production of
the certificate, enter judgment for the plaintiffs for the
amount specified in the certificate in the like manner as if
the defendants had signed a warrant to confess judgment
in the action for that amount.
A party paying 28. Where the expenses shall have been recovered from
may recover a , ■*■ . ,., ^ , ,
rateable oontri- any person, he may recover in like manner from others,
bution. liable to the payment of the same expenses, a proportionable
share thereof, according to the number liable.
Explanation of 29. The word ■" sitting member," when used in this
ui'tinb°en ^" '°° chapter, shall also comprehend parties admitted to oppose
a petition.
Seats how va- 1.
cated.
CHAPTER 10.
OP VACATING SEATS.
Any member of the house of assembly may, by writ-
ten notice to the speaker, vacate his seat.
tSoIei^s! 2. If any member shall accept of any of the following
offices, his seat shall become vacant, but he may be re-
elected, that is to say : the offices of attorney general,
sohcitor general, provincial secretary, receiver general,
financial secretary, commissioner of crown lands, surveyor
general.
supidled? "" 3. Whenever a seat shall become vacant, the speaker
TITLE III.] CASUAL REVENUE. 31
shall require that a writ may be issued to supply the Chap. 11. .
vacancy. "
4. The speaker may vacate his seat as speaker and speaker's sent
member, either by a declaration to that effect in the house, uLmber'^Lw"'
if in session, or by written notice to any two members, in vacatoa.
which case^the house, if in session, or otherwise the two
members, shall require, that a writ be issued to supply the
vacancy.
TITLE HI.
OF THE PUBLIC REVENUE.
CHAPTER 11.
OF THE CASUAL AND TERRITORIAL REVENUE.
1. The proceeds of all the casual and territorial revenues casual and ter-
of the crown in the province, as hereafter designated, shall ^yhore'paid!"'"*
be paid into the provincial treasury.
2. The several casual and territorial revenues of the of what uooa-
crown, and the monies and funds, and other rights which ^'^''^'
are placed at the disposal of the general assembly for the use
of the province, under and by virtue of this chapter, are
declared to be — all rents, sums of money, returns, profits
and emoluments, arising, reserved, due, owing, or in any
manner whatsoever which shall have heretofore accrued
and shall be in hand, or shall be hereafter to be received in
respect of any lease, demise, sale, grant, transfer or occu-
pation of any of the crown lands, mines, minerals or royal-
ties of her majesty within the province, whether in the
island of Cape Breton or in any other part of the province,
of whatsoever nature or description ; and also all fees and
payments, and commutation therefor, at the office of the
secretary of the province, received or payable, in respect
of any writings, licenses, instruments, commissions or
patents, there made or issued, and on which fees were here-
tofore payable for the lieutenant governor and secretary of
the province ; and lastly, all fines, penalties and forfeitures,
under any law of the province imposed and applicable for
the use of her majesty.
3. All the right and title of l^er majesty, whether in Transfer of
reversion or otherwise, of, in, to, and out of, all mines of ncS.*'' " "
gold, silver, iron, coal, iron-stone, lime-stone, slate-stone,
slate-rock, tin, copper, lead, and all other mines and minerals,
and ores, within the province, which by indenture of lease
CASUAL. EETENUE.
.[part I.
Chap.
Manaa'ciiient
provided lor.
Collection pro-
Tided for.
bearing date on or about the twenty-fifth day of August, "
■ one thousand eight hundred and twenty-six, were granted, ',
demised and 'leased by or on the part of his late majesty
king George the fourth to his late royal brother the duke ■
of York and Albany, to hold to his. royal bigness and his ^
assigns for the term of sixty years from the date_ of the *
lease, under certain rents and renders therein contained, as
by reference to tlie lease wilh at large appear ; and also all
rents and arrears of rents and returns ■ due, or to become
due, by virtue of the lease, with all powers, rights and
authorities, whether of entry for forfeitures, or breach of
condition, or otherwise, in such lease, reserved and con-
tained in respect of the breach of any condition thereof, u
and also all the estate, right and title other majesty, rever-' '.'
sionary or otherwise, of, in, and to all such coal mines in
the, island of Cape Breton,- or of, in, and to all such reserved ■■;
mines at Pictou, which were agreed to be leased and de-
mised by his said late majesty for the yearly rent of three
thousand pounds sterling, and certain other rents or reser-
vations payable for the use of his said majesty, and which
mines, under such agreement, are in possession of, and were,
or are now, in operation and worked by or for the general
mining association ; and likewise the said yearly rent of
three thousand pounds sterling, and all other rents and re-
servations by such agreements, reserved or payable, and all
rights, powers, and authorities, whether of entry upon for-
feiture or breach of condition, or otherwise, in such agree- ■
ment contained or reserved, in respect of any breach of the ,
condition thereof; and also all mines of gold, silver, iron,
coal, iron-stone, lime-stone, slate-stone, slate-rock, tin, cop-
per, lead, and all other mines, minerals, and ores within the
province, including the island of Cape Breton, of which the
title is new in her majesty, are hereby respectively assigned,
transferred, and surrendered to the disposal of the general
assembly of the province, and shall and may be subject only
to the existiug rights of the lessees and persons^ entitled
under such lease and agreement, and of all persons lawfully-
claiming under them, or any of them, managed, leased, dis-
posed of, made available, paid and applied in such manner,
and to and by such officers and persons, and for such public
uses and pui-poses as by any act of the general assembly for
the time being shall be directed.
4. The general assembly may provide for the managing,
collecting, and receiving of the revenues, and other matters ■.
hereby surrendered and transferred, and for appointing pro- ,,*
per olticers for the revenues. <^*'
5. For the more easy collection of such revenues, the
oi3ficers or persons charged with the collection or manage-
ment of the revenue, may in the name of her majesty, but to
the use of the province, take all such lawful ways and means, ,
by information, suit or proceeding at law or in'cq^uity, as by
TITLE III.] CUSTOMS DUTIES. 33
or on behalf of her majesty, miglit be adopted in respect of Chap. 12.
tl^O; revenues, or any of tlie lands, mines, or royalties charge-
able therewith if the surrender, ti'ansfer, and assignment
had never 'been made for the use of tlie province.
6. Nothing herein contained shall interfere with the Proceeds of
grant, sale, lease, or disposal of any of the ungranted lands wS plfyahio
of the crown in this province, except only the mines and
minerals hereinbefore specified by or on behalf of her
majesty, but all such grants, sales, leases, or disposal of
such ungranted lands, and the management, direction or
control thereof, shall remain in such officers as her majesty
shall deeni proper, or as may be directed by any law of this
province, and the nett proceeds only of such grants, sales,
leases, or disposals of such ungranted lands, after deducting
the necessary expenses of managing the same, shall be paid
over to the treasury of the province ; but an account of
such expenses shall be annually submitted to the general
assembly, and the salary or allowance of the officers em-
ployed, and the expenses of the department, be subject to
the control and regulation of the general assembly, and no
other or greater salary or allowance or expenses shall be
taken than such as shall be allowed thereby.
7. This chapter shall continue in operation until eighteen JJjY'!''^™ °^
months after the demise of her present majesty (whom God
long preserve), and thereafter every thing herein contained,
and the transfer, surrender, and assignment hereby made,
shall cease and determine.
CHAPTER 12.
Part tlie First.
OP CUSTOMS DUTIES.
1. This chapter shall come into operation on the first ^on^of'oii'aS'
day of April, in the year of our Lord one thousand eight
hundred and fifty-eight, and shall continue in force until the
first day of April, one thousand eight hundred and fifty-
nine.
2. There shall be collected and paid unto her majesty, ^"J'™™',*^^^"'
for the use , of the province, upon all goods brought into for.
this province by sea or inland carriage, the several duties
set forth in figures in the table hereinafter contained,
denominated " table of duties," opposite the respective
articles in such table mentioned, according to the value,
number or quantity of every such article.
3. Animals certified by the president and secretary of ^"^=^13 for im-
, - . ',■"^1 • ir-.i proving breeds-
any agricultural society to have been imported for the exempted.
34
Chap. 12.
Table of exemp-
iions provided.
Standard for
eoUectiiig du-
ties.
Collection and
application of
duties.
Duties where
and how recei-
ved.
How applied
and h(jw drawn.
CUSTOMS DUTIES.
[PAUT I.
Articles of other
provinces ex-
empted \>y pro-
clamation.
ArtielcB ex-
empted in case
of American re-
ciprocity.
purpose of improving the breed, shall be admitted duty
free
4' The goods mentioned in the table hereinafter con-
tained, denominated " table of exemptions," shall be free of
5.' The duties shall be collected, paid and received,
according to the British weights and measures m use m
this province ; and where the duties are in the table of
duties imposed according to any specific quantity, value or
number, the same shall apply in the like proportion to any
greater or less quantity, value or number.
6. The duties shall be collected, paid and received, and
the proceeds thereof applied under the provisions of the
provincial statutes from time to time in force concerning
the same.
7. The duties shall be paid to the collectors of the
colonial revenue and received at the receiver general's
office, either in treasury notes of the province at their full
value of twenty shillings each, or in current coin at the
legal rate of tender. 1
8. Duties paid into the receiver general's office shall be
carried to account of the provincial revenue and become
part of the public funds, and shall be paid and applied to
such purposes, and no other, as may be expressed in the
provincial statutes from time to time in force ; and shall,
even when authorized by any such statute, be drawn only
by warrant under the hand and seal of the governor.
9. The governor in council may, whenever it shall be
thought advisable so to do, declare by proclamation what
articles the growth, production or manufacture of the
British North American possessions of Canada, New Bruns-
wick, Prince Edward Island, or Newfoundland, or any of
them, may be imported into the province free of duty ; and
may declare in what manner and under what restrictions the
same may be so imported.
10. Whenever the importation into the United States of
America of the following articles of the growth and pro-
duction of British North America, viz: grain and bread
stuff's of all kinds, potatoes and other vegetables, fruits,
seeds, hops, hay and straw, animals, salted and fresh meat,
butter, cheese, lard, tallow, hides, horns, wool, undressed
skins, furs of all kinds, ores of all kinds, iron in pigs and
blooms, copper, lead in pigs, grindstones and stones of all
kinds, earth, coals, lime, ochres, gypsum groun^ or un-
ground, rock salt, wood, timber, and lumber of all kijids,
firewood, ashes, bark, fish, fish oil, train oil, spermaceti oil,
head matter and blubber, fins and skins, the produce of fish
or creatures living in the Water, or any of such articles,
shall be by law admitted free from du^, the governor in
council may, by proclamation in the royal gazette, fix a short
day thereafter on which the duties on like articles, or any
TITLE in.] customs' DUTIES. 35
of them, being the growth and production of the United Chap. 12.
States, shall cease ; and from and after the day so appointed ~
all the articles specified in the proclamation, being, the
growth and production of the United States, shall be
admitted into the province duty free upon such proof of
origin and character as may be required by any order of
the governor in council.
11. Provided, that if at any time hereafter, her majesty, Provis*.
by order in council, shall declare that by virtue of any treaty
with her majesty any other foreign nation is entitled to
trade with Nova Scotia, on the same terms as the United
States, it shall be lawful for the governor in council, and he
is required forthwith, on the receipt of such order in coun-
cil, to issue a proclamation, declaring that from the date
thereof, or from such other day as shall be fixed by her
majesty in council, the duties on all such articles as are by
this chapter allowed to be imported free of duty, being
the growth and production of the United States, shall cease,
on the like articles being the growth and production of
such foreign nation ; and thereupon the duties upon such
last mentioned articles shall cease to be payable, so long as
such foreign nation shall allow the free iniportation of the
like articles, being the growth and production of Nova
Scotia.
12. Wheat flour, the production of Canada, imported Canada flour
into this province, shall be admitted through a warehouse through united
in the United States, or a port in the British provinces, t^h^provinces.
being duly certified as to its origin, on the same terms as if
imported direct.
Table of Duties. ♦
ARTICLES. Duties in sterling money
£ s.
d.
Apples, fresh or dried, per barrel, .
0 4
0
Bacon, per cwt.,
0 9
0
Beef, salted, per barrel,
0 4
0
" fresh, per cwt.,
0 5
0
Biscuit, fine, and bread, including crackers or
cakes, per cwt.,
0 3
4
Butter, per cwt.,
0 8
0
Candles, tallow, per lb., ....
0 0
1
All other candles per lb..
0 0
3
Cattle, viz : horses, mares or geldings, each,
2 0
0
Neat cattle, viz : oxen or other neat
cattle, three years old or upwards.
■" each,
1 10
0
Cows 'and cattle, under three years old,
each, . , , . .
0 10
0
Sheep, each,^j| J
0 3
0
36
customs' duties.
[PAKT I.
Chap. 12.
Hogs, over 100 lbs. weight, each,
of 100 lbs. weight and under, each,
Cheese, per cwt.,
Chocolate or cocoa paste per lb.,
Coffee, green, per lb., .
Boasted, burned, or ground, per lb.,
Flour, viz : wheat flour per barrel
Hams, smoked or dried, per cwt.,
Lard, per cwt..
Leather, — sole leather, including hides and
skins partially dressed therefor,
per lb., . .
Hides and skins partially dressed,
per lb.,
Molasses, per gallon.
Onions, per cwt..
Pears, fresh or dried, per barrel,
Pork, salted, per barrel,
fresh, per cwt.,
Eaisins, in boxes, per lb.,
in other packages, per lb.,
Brandy, whiskey, gin, cordials, and other
spirits, except rum, not exceeding the
strength of proof by Syke's hydrometer,
and so in proportion for any greater
strength than the strength of proof, per
gallon,^
Bum, not e^eeding the strength of proof by
Syke's hydrometer, and so in proportion
for any greater strength than the strength
of proof, per gallon, ....
Shrub or santee, per gallon.
Sugar, — refined, per cwt., ....
Crushed and bastard facings, per cwt..
Candied brown, per cwt..
Brown, or Muscovado, not refined,
per cwt.,
Teas, viz : souchong, congo, pekoe, bohea,
pouchong, and all other black
teas, per lb., ....
Gunpowder, hyson, young hyson,
twankay, and other green teas,
per lb., . . ■ - .
Tobacco, manufactured, except snuff and ci-
gars, per lb.,
Tongues of cattle, dried or pickled,) per cwt.
Duties in sterling money
£
s. d.
1
0 0
, . 0
2 0
. 0
5 0
0
0 1
0
0 1
b., 0
0 2
0
1 0
0
9 0
0 8 0
0 0 1
0 0 2
0 0 2i
0 2
0 4
0 4
0 4
0 0 OJ
0 0 Oi
6
0
4
0
0 2 8
0
0
0 10 0
0 10 0
0 10 0
0 7 0
0 0 2
0 0 4
0 0 u
0 9 0
'TITLE III.]
'CUSTOMS' DUTIES.
>l
Wines, viz
; hock, constantia, malmsey, to-
kay, champagne, burgundy, her-
mitage, claret, called lafitte ;
latour, lafayette, margaux or
hautbriao, per gallon,
Madeira, port, and sherry wines, of
,; which the first cost is £30 per
pipe or upwards, per gallon, .
Other claret wines, barsac, sautern,
■ vin de grave, moselle, and other
French wines, and Lisbon and
German wines, per gallon.
All other port, Madeira, a^ad slierry.
wines, Teneriffe, Marsella, Sici-
lian, Malaga, Fayal, and all other
wines, per gallon,
Clocks, and all wheels, machinery, and ma-
terials, for manufacturing clocks,
donfectionary, syrups, and articles manu-
factured from sugar.
For every ,£100 of the value,
Cigars and snuff,
Currants and figs.
Leather, viz: boots, shoes and leather, upper
leather, manufactures of all sorts,
Meat, fresh,
Poultry of all sorts, dead.
For every £100 of the value,
Anchors, grapbels, and anchor palms.
Cables of hemp, or other vegetable sub-
'' stance, or of iron,
^Copper, viz : plates, sheets, bars or bolts,
r for shipbuilding ; wrought or cast for
machinery, pure, or without other
metal; copper castings of every de-
scription, for machinery, for mills, or
steamboats ; copper and composition
nails and spikes, for shipbuilding.
Cordage; tarred or untarred, whether fitted
for rigging or otherwise,
Cotton yarn.
Iron, viz': in bars or bolts, castings for mills
or steam engines, and cast or un-
wrought pipes and tubes, sheet iron
, and iron spikes,
Machinery of all sorts, of copper or iron
for mills, steamboats and mauufactories,
and sheathing of muntz metal,
For every £100 of the value,
Duties in sterling money.
£ S. d.
Chap. 12.
■0 3 0
0 2 «
0 13
0 1 3
a
o
a,
B
20 0 0
10 0 .0
2 10 0
38
ctrsTOHs'^ r>trTiES5.
[part r.
Chap. 12.
ARTICLES.
Duties in sterling money,
£ s. d.
Oakum,
Pitch,
Sail cloth of all kinds, canvass included,
Tar,
Zinc, viz : zinc sheathing of a size forty-
eight inches long by fonrteen inches
wide, intended for aad to be used as
sheathing for vessels, and zinc sheath-
ing nails, ,
For every £100 of the valme,
All other goods, wares, and merchandize,"
not otherwise charged with duty, and
not enumerated in the table of exemp-
tions,
For every £100 of the value,.
2 10 0
10 5
TeibU of Exemptions.
Table of exemp Ashes, VIZ r pot ashes and pearl ashes.
'™^" Asses and mules.
Baggage and apparel of passengers not intended for sale.
Barilla and soda ash.
Beans.
Biscuit or bread.
Books not prohibited to be imported into the United King-
dom,
Bullion, gold or silver.
Burr stones.
Coal.
Cocoa.
Coin, gold and silver coins and British copper coins.
Copper, viz : copper ore, or in pigs or bricks, old or worQ,
or fit only to be re^manufactured.
Corkwood.
Corn, viz : wheat, rye, indian corn, barley, oats, rice, and
buckwheat, unground; barley meal, rye meal, oat-
meal, indian meal, buckwheat meal, peas, beans,
and calavances.
Engravings,
Fish, viz : fresh, dried, salted or pickled.
Fish hooks.
Fish oil, viz : train oil, spermaceti oil, head matter and blub-
ber ; fins and skins, the produce of fish or creatures,
living in the sea.
Flax,
Furniture that has actually been in use, working tools and
implements, the property of immigrants or persona
coming to reside in the province, and not intended
for sale.
•STTLE m.] customs' DUTIES. 3§
Hay. Chap. 12.
Hemp.
Hides, or pieces ©f hides, raw, not tanned, curried or dressed.
Horns.
Horses and carriages of travellers, and horses, cattle, car-
riages, and other vehicles when employed in carry-
ing merchandize, together with the necessary har-
ness and tackle, so long as the same are actually
im use for that purpose.
Ironj viz : unwrought or pig iron, ores of iron of all kinds,
iron rails for railroads, bailers, plates and plough
moulds, hoop iron.
Lintels,
Lime and limestone-
Lines for the fisheries of all kinds.
Manures of all kinds.
Maps and charts.
Materials of ships registered and owned in this province,
and wrecked or stranded on the coasts of the
adjacent colonies or elsewhere, upon satisfactory
proof by affidavit being given to ,the collector of
the identity of the materials.
Nets, fishing nets and seines of all kinds.
Ores of all kimds.
Paintings.
Palm oil.
3?ilot bread.
Plants, shrubs and trees.
Plate of gold and silver,, old and fit only to be re-manu-
factared.
Potatoes.
Printing presses and types.
Printing paper, of not less than demi size.
Rags, viz : old rags, old rope, junk and old fishing nets.
Rosin.
Sails, rigging and ship materials saved from vessels wrecked
on the coast of the province. a
Salt. ' ^
Seeds of all kimds.
Skins, fars, pelts, or tails, undressed.
Stone, unmanufactured.
Sugar of the maple.
TaUow.
Twines and lines used in the fisheries.
Tobacco, unmanufactured.
Tow.
Turpentine.
Whale fin, or bone.
Wood, viz : boards, planks, staves, square timber,, shingles
and firewood.
4Q' customs' duties. |paet i;.
Chap. 12.
CHAPTER 12.
Part tlie Second;..
QP A CERTAIN TEEATT BETWEEN HER MAJESTY AND THE
UNITED STATES- Off AMERICA.
Preamble. Whereas it is expedient to provide for giving efiFect, as-,
regards this province,, to the treaty between her majesty
and the United States of America^ signed on the _ fifth day
of June, in the year of our Lord one thousand eight hun-
dred and fitty-four :
Power of gover- 1- The articles enumerated in^ the schedule to this chap-
nor to suspend, ^gj.^ being the growth and produce of the- United States of
America, shall be admittted into this province free of duty,,
so long as the treaty shall remain in force, any law,, act, or
statute, to the contrary notwithstanding, except that if at
any time the United States shall,, under the terms of the-
treaty, suspend the operation, of the third article thereof, so-
far as this province is affected thereby, then the governor
of this province may,, if he see fit, declare such suspension-
by proclamation, after which the exemption from duty '
under this chapter shall cease while such suspension shall ■,
continue ; but the governor may again, whenever such sus-
pension shall cease, declare the same by proclamation, from. ,
and after which, such exemption shall again, take effect.
Further pro- 2. It shall be lawful for the governor in council, by any '
brtaken.""*^ Order or orders to be made for that purpose, to do any ,
thing further in accordance with the spirit and intention of'
the treaty, which shall be found n'ecessary to be done, on-
the part of this province,. to give fall effect to the treaty;.- w
and any such order shall have the same effect as if the-
object thereof was expressly provided for by this chapter..
Sees. 1 to 18 of 3- The first eighteen, sections of the ninety-fourth chap-
deTwMie toe^ *®^ °f this jfiries, " of the coast and deep sea fisheries," toge- ^
ty in force. ther with such provisions of all other laws, acts or statutes of
this province now in force, as are contrary to,, or incon-
sistent with, the terms and spirit of tl>e treaty, are hereby
declared to be suspended as regards citizens and inhabitants,
of the United States of America, and vessels,, boats and
crafts belonging to the citizens and inhabitants of that
country, and shall continue to be so suspended-, and not in*
force so long as the treaty shall continue and be in force f,
any law, act or statute, to the contrary notwithstanding.,
SCHEDULE TO THIS ACT.
©rain, flora-, and breadstuffs of all kinds.
Animals of all kinds.
Fresh, smoked,, and salted meats..
TITLE ni.] BOARD OP REVENUE. 41
Cotton wool, seeds and vegetables. Chap. 13. .
Undried fruits, dried fruits. "
Pish of all kinds.
Products of fish and all other creatui'es living in the water.
Poultry, eggs.
Hides, furs, skins, or tails undressed.
Stone or marble in its crude or unwrought state.
Slate.
Butter, cheese, tallow.
Lard, horns, manures.
Ores of metals- of all kinds.
Coal.
Pitch, tar, turpentine, ashes.
Timber and lumber of all kinds, round, hewed and sawed,
unmanufactured in whole or in part.
Firewood, plants, shrubs and trees.
Pelts, wooL
Pish oil.
Rice, broom corn, and bark.
Gypsum, ground or unground.
Hewn, wrought, or unwrought burr or grindstones.
Dye stuffs.
Plax, hemp, and tow unmanufactured.
Unmanufactured tobacco.
Rags.
CHAPTEE 13.
OF THE BOARD OP REVEUXTE.-
1. The receiver general shall be the president of, and, nueh^wcompo-
along with the financial secretary and three other persons to sed.
be appointed by the governor in council, shall constitute the
board of revenue, the seats at such board to be considered
honorary appointments, and the members to be sworn into
office.
2. The board shall superintend the working and practi- Their power
cal effects of the revenue system, and report thereon to the ° " ^'
governor when requisite ; they shall examine claims for
drawbacks and grant certificates therefor when allowed, and
shall direct and carry on prosecutions against delinquent
officers and their sureties, and also prosecutions for seizures,
forfeitures, and breaches of the revenue laws, over which
they shall have a general control; arid they may remit
penalties in whole or in part, and direct the restoration of
property seized, under such t^rms as they may deem jiist.
42 officers of customs. [paet i.
Chap. 14.
CHAPTER 14.
OF OFFICEBS OF THE CUSTOMS.
pointment of
„rr-'™.-.v„.„. I. The governor in council may define and alter the
ooifeotors. Umi'ts of ports, and appoint for every such port, except the
port of Halifax, one collector of colonial duties, who may
also be empowered" to act as landing waiter, guager and
Appointment Weigher, and may appoint so many additional officers in
tfoiTaS any port or place within this province as shaU, from time
onaijOffioers au- to time be deemed necessary for the due security of the
colonial revenue, and for the prevention of frauds thereto ;
and such officers shall be paid by warrant on the treasury
at such rates as shall be fixed by the governor in council,
subject to the revision of the legislature at the first ensuing
session.
Bonds given 2. Every collector shall, upon appointment, enter into a
andregistere ^^^^ ^.^^ ^^^ Sureties in one thousand pounds for the
faithfal performance of his duties. The bonds shall be re-
gistered at length on the oath of a subscribing witness, in.
a book to be kept for that purpose by the provincial secre-
tary; and if a bond be lost a copy thereof, taken from the
registry and certified by the provincial secretary, shall be
received in evidence.
Death or insoi- 3. If either of the sureties shall die, become insolvent^
rencyo sure- ^^ remove from the province, the board of revenue shall
require the collector for whom he was .surety, to give a new
bond.
.Seta of .books tp 4. Collectors shall keep regular sets of books, wherein
" *^ ■ shall be entered all receipts and payments of money, permits
for the removal of dutiable goods, and certificates of draw-
back : which books shall be regularly balanced and produced
for inspection, with all entries and documents in their office,
when called for by the financial secretary or the committee
of public accounts.
Quarterly re- 5. Collectors shall, as soon as may be practicable after
made.'" *^6 termination of every quarter, transmit under oath their
quarterly accounts, together with a list of permits given
for the removar of dutiable goods to the receiver general,
and at the same time pay into the treasury the duties for
such quarter,
fowed™**^* »i- 6. Upon their accounts being audited by the financial
secretary, collectors shall be entitled to receive from the
treasury a commission of ten per cent, on the duties by
them paid in, not exceeding two hundred and fifty pounds,
in any one year.
Penalty for _ 7. If a collector shall act as a merchant or dealer in
mercminaiang ^^^iable articles, he shall for every offence forfeit fifty
TITLE in.] OFFICERS OP CUSTOMS. 43
pounds, one half to the use of the government and the other Chap. 14.
half to the person suing therefor; and no commission shall ~
be allowed such collector on the duties by him collected for
the year in which the offence shall have been committed.
8. If a collector shall resign or be removed from ofiSce, Proeeedinge on
he shall forthwith deliver over to the new collector all se- remoTai!"" "'
curities and papers connected with the ofSce which may be
in his hands, and shall immediately make up and return his
accounts, and pay over to the receiver general all monies
in his hands or due to him as collector. If he shall not
render such accounts and pay over such monies within three
months from his going out of office, he shall forfeit two-
hundred pounds for the use of her majesty.
9. The governor in council may appoint landing waiters, i-o-nding wait-
guagers and weighers, for the different ports, who shall andwoi^iers.
receive for their services, in addition to any fees by law
allowed, such sums as may be annually granted by the legis-
lature.
10. Guagers are required to ascertain, if possible, by Dutyofguagers
Gunter's calipers, or if not, by the rod, the quantities of *"'^'''"'^*'*^'
intoxicating liquor and molasses imported into or distilled
in the province, and shall mark with an iron the quantity
each task contains, on the stave next the bung stave, or on
the head of every cask, together with the initials of Kis
name, and shall be entitled to receive therefor from the
importers or owners, the following fees, viz: for a puncheon
or pipe, six pence ; for a hogshead or tierce, four pence; and
for a barrel, two pence ; and for other casks in the like pro-
portion ; and in addition to such fees, except at the port of
Halifax, six pence for every mile they shall necessarily
travel, computing the distance from their place of residence
to the place of guaging, but no travelling fees shall be
charged where the Hquor is guaged at the original distilling
house. Where more than ten casks shall be guaged at one
time and place they shall only be entitled to the following
fees : for a puncheon or pipe, three pence ; for a tierce or
; hogshead, two pence; and for a barrel, one penny; besides
. travelling fees.
11. The receiver general shall superintend the collection Eeoeiver gene-
of colonial duties at the port of Halifax, and shall have tend at HaiiS,^
under his direction for that purpose, a principal clerk, who a^iert.^^^'"'*
shall give bond in one thousand pounds, with two sureties,
in five hundf ed pounds each, for the faithful discharge of
his duties, and shall receive a salary of two hundred and
fifty pounds per annum, payable quarterly.
12. Such clerk shall be appointed hj the governor in ^°^^^^
council, and shall pay into the hands of the receiver general oierk.
the whole duties which he shall receive on the day of
receipt, or at such other time as the receiver general may
direct.
13. The receiver general and his clerk, and the collector istMrng oathef "
f LAWS OP THE CUSTOMS. \PART I.
::!hap. 15. of colonial duties, may administer oaths under any act
"^ relating to the colonial revenue.
maityforneg- 14 If any officer of the colonial revenue shall neglect
ot of duty, j^.^ ^^^^ ^^ gj^^jj ^^j.f^j^ ^ g^j^ ^^^ exceeding fifty pounds,
and also the costs of the prosecution.
Bnaity for 11- 15. If any person shall illegally assume the duties or
ifoto^'™"" exercise the functions of any officer of the colonial revenue,
he shall, for every offence, forfeit a sum not exceeding fifty
pounds and costs of prosecution, and in case of non-
payment thereof, may be committed to jail for a period not
exceeding three months.
CHAPTER 15.
OF THE LAWS OF THE CUSTOMS.
intry & clear 1. Papers and proceedings connected with the entry
noehowmade. ^^^ clearance of vessels and goods shaU be made and had
in form and manner as heretofore, unless otherwise directed
by the board of revenue, but any of them maybe dispensed
with by order of the governor in council.
adhoVtaken ^* ^onds relating to duties required to- be given in
' respect of goods or vessels, shall be taken by the collector
in her majesty's name, and after the expiration of three
years from the date thereof, or from the time, if any, therein
limited for the performance of the condition, every bond
not then in suit shall become void and bfe cancelled.
er"tai^^n"''du-^ ^* Koveuue officors may take samples of goods when
lea. ° necessary for ascertaining the duties, and the samples
shall be disposed of and accounted for as the board may
direct.
Ssho°wregu ^' Upon the first levying or repealing of any duty, or
ated. the first granting or repealing of any drawback, or the first
permitting or prohibiting of any importation or exportation,
the time of importation of goods shall be deemed to be the
time at which the importing ship shall in due course be
reported ; and the time of exportation the time when the
goods shall be shipped on board the exporting ship. If any
question shall arise in respect of any charge or allowance
upon any ship exclusive of the cargo, the time of arrival
shall be deemed to be the time at which she ought to have
been reported, and the time of departure the time of her
last clearance for the voyage.
futtesth^'be 5- Duties on goods imported before the coming into
Suirare-"* operation of an act imposing new duties, and whereon the
lOTered. duties have not been paid, shall be collected under the new
law, but forfeitures shall be recovered under the law under
TITLE III.] LAWS OF THE CUSTOMS. 45
which they were mcurred, notwithstanding such law may Chap. 15.
have expired. Limitation for
6. Duties overpaid or improperly charged shall not he leoovermg
recoverable after three years from time of payment. wesf'''''' ^'
7. If any person shall counterfeit or falsify, or knowingly Penaitiea for
use or procure to be used when counterfeited or falsified, dooSmenta.'"^
any document required under the revenue laws, or in use in
connection therewith, he shall for every offence forfeit a sum
not exceeding two hundred pounds. This penalty shall not
attach to any particular offence for which a penalty is other-
wise imposed.
8. Officers may require persons applying to transact Agent's autho-
business for others, to produce a written authority, and in " ^'
default may refuse to transact business with them.
9. If any declaration required to be made under the Penalties for
revenue laws, except declarations as to the value of goods, £1*^^"^*™'
shall be untrue in any partioular, or if any persoji required
under such laws to answer questions put to him by officers
shall not truly answer such questions, the person making
such declaration, or refusing to answer or not truly answer-
ing such questions, shall forfeit a sum not exceeding fifty
pounds over and above all other penalties to which he may
be liable.
10. All boats, carriages and cattle used in the removal ^'"■'\l*""fo*"*
of any goods liable to forfeiture, shall be forfeited ; and movlng^forfeit-
every person who shall knowingly assist in such removal, ^'^ ^''° ^'
or harbor such goods, or knowingly have them in possession,
shall forfeit the treble, value thereof, or a sum not exceed-
ing one hundred pounds, at the election of the prosecutor,
and the averment of such election in the information or
libel shall be sufficfent proof thereof. The forfeiture of a
ship shall include her guns, tackle, apparel and furniture ;
and of goods, the package containing them.
11. All vessels and boats in or from which goods shall vesaeis & boats
have been illegally imported, concealed, landed, or thrown' reiieYedby^''*
over, may be seized in the first instance, and shall be for- Jj"^'''^"'''^''^^"
feited in the same manner as if detected hovering on the
coasts with prohibited goods ; and such boats and vessels
may also, upon judgment against the master or other per-
son on board for any penalty thereby incurred, be levied
upon and sold under execution issuing on such judgment ;
but the board on proof that the master and owners of the
vessel were ignorant of such illegality, may relieve from
the penalty in whole or in part, and on such terms as may
be deemed right.
12. All goods and all vessels, carriages and cattle, liable seizing officers;
, n e •, ° 1 .11 jvi fine for obstrHO-
to forfeiture, may be seized by any revenue ofncer or by ting.
any person employed for that purpose with the concurrence
of the board, and also by any officer of her majesty's navy
in command of or serving under the commander of any of
her majesty's ships, also by any person commissioned by
6 LAWS OP THE CUSTOMS. [PAET I,
Chap 15. the governor to protect tlje reYemie laws, and by any
— : — sheriff or deputy sheriff, or by any justice of the peace, or
by any other person in a place more than ten jniles Irom
any collector who shall by the warrant of a justice of the
peace on oath before him of such forfeiture, be appointed
to seize them; and every person who shall obstruct any
such person so employed in the exercise of his office, or
any person acting in his aid, shall forfeit a sum not exceed-
ing one hundred pounds. . ■
toods seized 13. If any goods or any vessel shall be seized as lor-
« ^ecuritr^y- felted under the revenue laws, the court having jurisdiction
"• over such seizure, with the consent of the collector, may
order the delivery thereof to the claimant on security by
bond, with two sureties approved by the collector, being
given to answer double the value thereof in case of con-
demnation; and such bond shall be taken in her majesty's
name. _ n n ■
let^l^rtstoT -'■*■ ^^ ^^y goods, ship or boat shall be seized as forfeit-
il iiy\oard°of ed, or detained as undervalued, the board may order the
•eTenue. ^^^^ ^^ ^^ restored on such terms as they shall direct ; and
if the proprietor accept the terms he shall have no action
on account of the seizure or detention, nor shall any pro-
ceedings be had for condemnation.
Power of board 15. If a ship shall have become liable to forfeiturie on
un^amoSnt!"' accouut of any goods laden therein, or unladen therefrom,
or the master shall have become liable to a penalty on
account of such goods, and the goods be small in quantity
or trifling in value, the board if satisfied that the act was
done contrary to the intention of the owner or without the
privity of the master, as the case may be, may remit the
forfeiture, and remit or mitigate the penalty on the master,
in their discretion, and no action shall be thereafter brought
in respect of the same.
Officer may be 16. The board or the collector or landing waiter,, or
board'ahip?n Other proper officer, may station officers on board any ship
port. while within the limits of a port, and the master shall pro-
vide every officer sufficient room under deck, in the fore-
castle or steerage, for his bed or hammock, under a penalty
of fifty pounds.
Persona on 17. Every person proved to have been on board any
subjecrto^pen- vcsscl Or boat liable to forfeiture for being found within
cases!" °'™ one league of the province, having on board or attached
thereto, or conveying or having conveyed, any thing sub-
jecting such vessel or boat to forfeiture, or who shall be
proved to have been on board any vessel or boat from
which any part, of the cargo shall have been thrown over-
board or destroyed, shall forfeit twenty pounds — provided
such person shall have been knowingly concerned in such
acts.
aculM'^"" °^ ^^- ^° ^^^* ^^^ recovery of penalties or forfeitures under
the revenue laws shall be . brougjit after the expiration of
three years from the incurring thereof.
TITLE ill.] LAWS OP THE CUSTOMS. 47
19. Except in cases specially provided for, no suit shall Chap. 15.
be commenced for recovery of any penalty or forfeiture ~. :
under the revenue laws, except in the name of the collec- whose name to
tor or seizing officer, or of her majesty's attorney general, ^^ "^""sw.
or in his absence the solicitor general of the province ; and
if any question shall arise whether any person is an officer
of the revenue, or such other person in this section men-
tioned, oral evidence may be given of the fact.
20. In any information or proceeding for any offence Averments of
against the revenue laws, the averment that the offence was mationBuffi""
committed within the lijnits of any port shall be sufficient °'®"''
presumptive proof of the fact.
21. If goods shall be seized as forfeited, and any dispute Proonn oases of
shall arise whether the duties have been paid thereon, or ^^'™"^^-
the same have been legally imported, laden, or exported, the
proof shall be on the owner or claimant.
22. No, claim to any thing seized under the revenue ciaim to goods
laws and returned into a court of record for adjudication mafe^ ''"^
shall be admitted, unless entered in the name of the owner,
with his residence and occupation, nor unless oath to the
property therein be made by the owner, or by his attorney
or agent, entering the claim to the best of his knowledge
and belief; nor shall any such claim be admitted until
security shall have been given in the court, in a penalty not
exceeding forty pounds, to respond the costs occasioned
by such claim, if decided against the claimant, and in default
of the provisions of this section being complied with, such
thing shall be condemned.
' 23. Certificates, and copies of official papers certified Oertifloates re
under the hand and seal of any of the principal officers of denc*e.
the customs, or of any collector of the colonial revenues in
any of the British possessions in America or the West
Indies, or of the principal, officers of the customs in the
united kingdom, or other the British possessions, or of any
British consul or vice consul in a foreign country, and cer-
tificates and copies of official papers made pursuant to the
revenue laws of this province, shall be received as presump-
tive evidence on the trial of any suit in reference to any
matter contained in the revenue laws. ,
24. No action shall be commenced against any person Month's notice
acting under ihe revenue laws foi" any thing done in the ^^^°™ action,
exercise of his office until one month after written notice
shall have been delivered to him, or left at his usual, place
of abode; in which notice shall be explicitly stated the
cause of action, the names and places of abode of the
person intending to bring the same, and of his attorney or
agent, and no evidence of any cause of action shall be
received which was not contained in the notice. In default
of the proof of such notice, a verdict shall be given for the
defendant. Every such action shall be brought within. three
months after the cause thereof, and be laid and tried where
the acts were committed.
48
Chap. 15.
CoiluBion how
puDisbed.
LAWS OF THE CUSTOMS.
[part r.
Penalties how
applied.
Appeals when
and how to be
prosecuted.
Appeal not to
stay execution
is certain cases.
Operation of re.
eulat.ons may
be suspended.
Rules for con-
struing reve-
nue laws.
25. If any revenue officer or person employed for the
prevention of smuggling shall make a collusive seizure, or
deliver up, or agree to deliver up or not seize any thing
liable to forfeiture under the revenue laws, or shall take
any reward for the non-performance of his duty, he shall
forfeit for every offence a sum not exceeding two hundred
pounds, and be incapable of serving her majesty m any
office of provincial appointment, and every person who
shall give or offer, or promise to give, or procure to be
given, any reward to, or shall make any collusive agree-
ment with any officer or person hereinbefore in this section
designated, to induce him to neglect his duty, shall forfeit a
sum not exceeding one hundred pounds.
26. Except in cases specially provided for, penalties
recovered under the revenue laws, or the laws relating to
trade and navigation, shall be paid into the hands of the
collector of the port where recovered, and shall be applied
as follows : after deducting the charges of the prosecution
one half of the nett produce shall be paid to the collector
for the use of the government, and the other half to the
person making the seizure ; but the board may, out of the
government portion, make a further allowance, in whole or
in part, of the same to the person making the seizure, to
reward his vigilance, or make such distribution of the
government portion as they shall approve. But no officer,
except he shall have made the seizure, or been the means
of recovering the penalty^ shall be entitled to any portion
thereof.
27. No appeal shall be prosecuted, from a judgment of
a court of record, touching any penalty under the revenue
laiivs, unless entered, and security therefor filed within
twelve months from the time of judgment.
28. Where proceedings have been instituted against any
vessel, boat, or goods, for recovery of any penalty under the
revenue laws, and judgment of restitution is given, the
execution thereof shaU not be suspended by an appeal, if
the party appellee shall give security that, if the judgment
shall be reversed, and the vessel, boat, or goods condemned,
the full value thereof, to be ascertained by agreement
between the parties, or in case of difference, then by ap-
praisement, under the authority of the court, shall be
rendered.
29. Upon the representation of the board, the governor
in council may suspend the operation of any regulation in
this chapter contained, for so long a time as may be deemed
proper.
30. In the construction of the revenue laws the follow-
ing rules shall be observed, unless otherwise expressly pro-
vided for, or such construction would be inconsistent with
the manifest intent of the legislature, or repugnant to the
context, that is to say : the word " ship" or " vessel" shall
TITLE III.] IMPORTATION OP, GOODS. 49
include vessels of all classes ; "boat" shall include all sorts Chap. 16.
of water conveyEtbces under the class of vessels ; " master" '
shall mean the person having charge of the vessel ; " mate "
shall miean the person next in command to the master ;
" seamen " shall mean any of the crew ; " board " shall mean
the board of revenue ; " collector" shall mean the collector
of colonial revenue for the port; "ofiBcer" shall mean
revenue officer; "proper officer" shall mean the person
authorized to do the act referred to ; "proprietor," "owner,"
"importer" and " exporter" shall include persons acting in
their behalf.
CHAPTER 16. ^— »^-^ '^■/- ^-^-^^
OF THE IMPORTATION OP GOODS.
1. All goods liable to duties, imported into this province Provisions of
or carried from one part of the province to another, shall exte^f ' *^*'^
be subject to the provisions of this chapter.
2. No- goods shall be unladen from any vessel bringing no goods nnia^
goods into the province, nor from any vessel having on slea^esTr ''"'
board dutiable articles brought coastwise, nor shall bulk be ooast before re-
broken after the arrival of any such vessel within three '
leagues of the coast before report and entry and permit
granted, and except in conformity with the directions in
this chapter contained ; and all goods unladen contrary
hereto shall be forfeited ; and if bulk be brpken contrary
hereto the master shall forfeit fifty pounds. If after the
arrrival of any such vessel within three leagues of the
coast any alteration be made in the stowage of the cargo so
as to facilitate the unlawful unlading of any part thereof,
or if any part thereof be fraudulently staved, destroyed, or
thrown overboard, or any package be opened, it shall be
deemed a breaking of bulk ; all goods to be reported, but
fresh fish, coin and bullion may be landed without entry or
permit, as well as goods in any stranded or wrecked vessel;
provided that as soon as such goods are safely deposited on
shore report and entry be made thereof; and provided also
that such landing shall be in presence of an officer where
such officer can be procured.
3. The master of every vessel engaged in carrying goods ciearanoe 9f ,
coastwise, shall obtain from the nearest collector a clear- ing goods eoast-
ance setting forth whether the vessel be laden or in ballast, ^^^'
and if laden whether the goods be the produce of .this
province, and if the goods are such as are liable to duties,
if the duties thereon have been paid; which clearajice the
master shall hand to the collector at the next port imme-
diately on his arrival. ' '
50 IMPOETATION OF GOODS. [PART I.
Chap. 16. 4. If the master shall neglect to obtain such clearance
Penalty for nog" or to deliver up the same as before specified, he shall be
lectin^ to ob- subiect to a penalty of ten shillings, and the collector may-
tain RiearaTice _.^. - ^ ,''..-..1 T,-i • t :J«J 4-1, » 4-
tain cfi
.earance
detain the vessel until the penalty be paid ; provided that
the collector may dispense with the production of a clear-
ance in all cases where the cargo has been laden at a port
where there is no collector or other officer of the revenue,
or where the residence of such officer shall be distant more
than two miles from the place of shipment ; and in other
cases where the collector shall be satisfied that the master
has not been guUty of wilful neglect ; and may allow the
master to substitute a written manifest in Heu of a clear-
ance.
:^port to be 5. The master of every vessel , arriving coastwise with
SfvlsseiTrrir"' dutiable articles on board, and the master of every vessel
ing coastwise, arpi^ing from parts beyond the seas, shall at once make a
written report at the principal revenue office, of the arrival
and voyage of the vessel, her name, country and tonnage,
and if British, the port of registry, of the name and country
of the master and the number of the crew, whether the
vessel is letden or in ballast, and if laden, the marks, num-
bers and contents of every package, and the particulars of
the goods stowed loose ; where the goods were laden, and
where and to whom consigned, and where any were laden
during the voyage, if any such there be, so far as such par-
ticulars are known to him ; where the vessel has broken
bulk, if at all, during the voyage ; what part of the cargo
is intended for importation at that port, and what part at
any other port in the province, and what is intended for
exportation, and what surplus stores remain on board ; and
he shall at tlfe same time, if required by the officer, produce
the bills of lading of the cargo or true copies ; and he shall
further truly answer all questions connected with the fore-
going requirements that shall be put to him by the officer.
Penalty. If the master shall not in all respects comply with the
provisions of this section, or if the manifest or bill of lading
or copy thereof be false, or if the goods contained in any
bill of lading shall not have been bona fide shipped, or if
any bill of lading shall not have been signed by him or
under his authority, or any such copy thereof shall not
have been received or made by him in either case before
leaving the place of shipment, or if any goods be unladen
before report made, the master shall for every offence for-
feit fifty pounds, and the goods landed without report shall
be forfeited.
?"*^here''con-°' ^* ^^ *^® Contents of any package intended for impor-
tents of pack- tation into another port, or for exportation, be unknown to
age unknown. ^^^ master, the officer may open and examine it, and, if
deemed advisable for that purpose, direct the same to be
landed ; and if .any prohibited goods be found therein, they
shall be forfeited.
\
TITLE m.J niPOETATION OF TJOODS. , ' ^^ 5 J
1. If a vessel having live stock or perisliable articles, on I Chap. 16.
deck shall arrive after business hours, the collect6r,.gu'ager Live stock ~~~
or any landing waiter may permit the master to unlade the lie unladen bo-
same before report ; but report shall in such case be malde whin.''''"'"
as soon as may be after the next opening of the office.
8. The jcollector may permit the master of any steam^Goodaby steam-
boat employed regularly in the conveyance of passengers,, den^and^entwl
!upon due report of such boat, to deposit the cargo in a ^''•
warehouse to be provided by the owner or agent of the
boat and approved by the collector, the owner or agent
having first given general seciwity by bond with two
sureties for payment of the full -duties of importation on
all such goods as shall be at any time so warehoused therein,
or for the exportation thereof; and. goods so deposited shall
be deemed to be on board the importing steamboat, and
tihall be subject to the same regulations, penalties and for-
feitures, as if they had not been taken thereout ; and the
master or owner of the steamboat shall have the same lien
on the goods for freight or other charges as if the same had
not been deposited in the warehouse, but shall not be
entitled to any rent for the goods so deposited. The owner
or consigneeof the goods must make entry thereof within
six days from the time .of their being deposited in the ware-
house. Provided that if a steamboat shall happen to arrive at vfng at night""
night or before or after the appointed office hours, it shall
be the duty of the collector, or other proper officer to
attend until all the goods intended to be landed shall be
safely deposited in the warehouse.
9. No rum, brandy, gin or alcohol shall be imported or, ^^^tlT'"*^™''
brought into the province by sea or inland carriage or navi-
gation, in any cask or package not capable of containing
at least one hundred gallons ; nor shall any such liquor in
any smaller cask or package be exposed for sale, or be in ^
the possession of any person unless imported previously to ^
the first day of June, one thousand eight hundred and
forty-nine, or unless the same shall have been transferred to
such smaller cask or package after it shall have been brought
into the province, of all which the proof shall be upon the #
party in possession. Any person offi^nding against any of the 2
provisions of this section shall forfeit ten pounds for every '
such cask or package, and the . liquor shall be. forfeited. M
Nothing in this section contained shall, apply to any such ^
liquors imported into the province from Europe, the British
West Indies, or any of the British possessions in North
America.
10. Revenue officers may board any vessel arriving, and ^j,"^,"^^" flcura
stay on board until all .the goods intended to, be unladen onboard,
shall have, been delivered. They shall have free access to
every, part of the vessel with power to fasten down hatch-
ways, the forecastle excepted, and to mark and secure any_
goods, as may be deemed advisable. If any place, box or
4
I
52 , IMPORTATION OF GOODS. [PAET I.
Chap. 16., chest be locked and the keys withheld, the officer, if he be-
' — a landing waiter or seizing officer, or a collector, guager or
Aveigher, may open the same ; and if he be not an officer of
^that degree he shall send for his superior officer, who may
op'en the same. If any goods be found concealed, on board
they shall be forfeited. If the officer shall place any mark,
lock, or seal upon any goods and the same shallftbe wilfully
altered, opened or broken before delivery of the goods, or
if goods be secretly conveyed away, or if hatchways fas-
tened down by the officer be opened or broken by the
master, or with his as^it, the master shall forfeit fifty
pounds.
Directions in 11. When report shall be made that part only of the
case rf partial gg^^^ ^jg intended to be unladen at that port, the entry
shall be confined to such goods, and entry outwards coast-
wise shall be made of the goods intended for any other
port ; and on arrival at any such other port, the like pro-
ceedings shall be adopted with respect to the goods there
to be landed, as hereinbefore directed in respect of the
goods landed at the first port. But if at any of the ports
the residue of the goods shall be designed to be shipped
out of the province, then entry outwards for exportation
shall be made, and the regulations applicable thereto
attached.
of"*oods"&o"^''^ ^^- ^^® importer shall within three days after the entry
of the ship, make entry inwards of all goods not intended
for exportation in the same ship to parts out of the pro-
vince, by delivering to the collector or other proper officer
a bill of entry thereof, fairly written in words at length,
containing the name of the importer and of the ship and
master, and of the place within the port where the goods
are to be unladen, and the situation of the warehouse if
the goods are to be warehoused, and the name of the per-
son in whose name the goods are to be entered, with the
^ parjticulars of the quantity and quality of the goods and
*{ the packages containing the same with their marks and
numbers, and whether the goods are of the production
of British America or otherwise, and of the number,
guage, weight, measure or value upon which duties are
payable thereon; and shall also at the same time deliver
two or more duplicates of such entry as may be required
by the collector, in which all such sums and numbers may
be expressed in figures, and the particulars in all such
entries shall be written and arranged as directed by the col-
lector, and one of such duplicate entries signed by the
collector shall be the^ warrant to the landing tide waiter for
the landing or delivery of the goods. If the importer do
not make such entry within the time specified, the collector
upon twenty-four hours notice to the owner of the goods,
if known, may land the goods and deposit them in ware-
house at the expense of the owner.
w
"TITLE m.] IMPORTATION OP GOODS. §3
13. No entry or permit shall be deemed valid unles^ the i Chap. 16.
same shall correspond with the ship's report, and also with what a vaiM
the manifest and certificate or other docviment respectively "^^^^y-
where the same are requisite, nor unless the goods shall
have been properly and particularly described in such entry
or permit.
14. The importer shall at the time of entry of any Duties to be
goods, either pay down the duties thereon, or, having warehoused
entered the same for warehouse, enter into the bonds in ^ant^el."™'*
that respect prescribed by law, or otherwise a permit shall
not be granted for the landing thereof; and the collector or
other officer shall secure the same and cause them to be
sold at public auction within twenty days thereafter, at such
time and place as such officer shall by at least four days'
public notice appoint for that purpose, and the proceeds
shall be applied, first, in payment of the freight and of the
charges occasioned by the securing and sale of the goods,
secondly in payment of the duties thereon, and the surplus,
if any, shall be paid to the importer or other person
authorized to receive the same.
15. If any person other than the master of the ship shall Penalty for on-
frauduleutly make any entry inwards of any goods without unautuoriad?"^
authority hrom the proprietor or consignee, he shall for
every offence forfeit fifty pounds.
16. No goods, except such as are charged with duty, ^ar1.»ibiewiti»
according to the number, weight, guage, or measure there- duty.bynum-
o^ shall be unladen until entry made and permit granted how^unfadea.""
therefor ; nor shaU any goods be unladen except at a places
where an officer is appointed to attend, unless authorized
■by the permit, nor shall any goods be unladen except in
the presence of the officer, or with his permission. But the
board may make regulations for carrying goods coastwise, g^^^g impro-
17. All goods unladen contrary to law shall be forfeited, periyuniadea
18. Where goods are liable to duty, according to the Goods charge-
number, weight, guage, or measure thereof, upon the report ^''^^^'2^/" '^
of the ship and cargo being made, the collector shall grant weight,.&o.,'
a permit for the unlading of the goods intended to be landed ^°^ " * ""'
at such place as shall be most convenient to the importer,
and as soon as landed the collector shall cause the same to
be weighed, counted, guaged or measured, according as the
duties are chargeable thereon, and shall cause casks or
■ packages of spirituous liquors to be marked on their heads,
with the name of the place whence they shall have come,
with the contents and the guager's surname, or otherwise,
as the board shall direct ; and shall cause a duplicate return
in writing of the contents of each cask or package with refe-
rence to the numbers and marks, signed by the ganger and • -
weigher, to be filed in the collectoi-'s office ; iand thereupon
the importer shall make the entry. If any such goods shall
be removed from the place named in the landing permit,
without a removal permit, they shall be forfeited. •
§4 I IMPORTATION OF GOODS. [PART I,
(
Chap. 1^. i 19. If the importer, or his agent, shall subscribe a
Entries ty Mil declaration before the collector, or other proper ofEcer;
teinfasel" "^'" *^^* ^® Cannot, for want of information, make a perfect
\entry,"the collector may receive an entry by bill of sight by
the best description of the goods that can be given, and
grant a permit for the landing thereof, and the same shall
be at once landed, and at the expense of the importer
searched by the proper officer, and in the presence of the
importer if he shall desire it, and within three days after
the goods have been landed the importer shall make perfect
entry thereof, and in default the goods shall be taken to a
warehouse, and if entry shall not be made within one month
thereafter they shall be sold, and the duties thereon, toge-
ther with warehouse rent and other charges, shall be taken
out of the proceeds, and the balance paid to the importer
or owner. If any package shall have been landed from a
vessel, arid goods shall be ' found concealed therein packed
to deceive the revenue officers, the package with all its
contents shall be forfeited.
•BoodB abandon- 20. Whole packages of goods may be abandoned for the
^wdieposBdof. duties thereon payable, and shall in such case be described
in a writen notice of abandonment to be given to the col-
lector, and thereupon the same shall be sold as directed by
the board, and after payment of charges the duties shall
be paid out of the proceeds and the balance be paid into
the treasury.
Abatement of 21. If goods not charged w^th duty according to the
TO damaged*^ number, weight, guage, or measure thereof, shall receive
800^8- damage during the voyage, an abatement of duties shall be
allowed proportioned to the damage, provided satisfactory
proof be adduced to the board, or ofEcer acting therein
under their directions, that the damage was received after
the goods were shipped in the importing ship, and before
they were landed, and provided claim be made on the first
examination of the goods. The officers of the revenue
shall examine such goods, and may make an abatement of
duties proportioned to the damage which, in their opinion,
they shall have received, but if the officers be incompetent
to estimate the damage, or if the importer be not satisfied
with the abatement by them made, the collector shall ap-
point two experienced and disinterested merchants, who
shall, at the expense of the importer, examine the same, and
subscribe a declaration on oath before the collector of
what, in their opinion, the damage is, and the collector may
make an abatement of duties in accordance therewith,
juvaioes on en- 22. Where dutios are charged according to the value of
&. SLdorSh." the goods, the importer, or his agent, shall declare on oath,
what is the invoice price thereof at the place whence they'
were imported, and that he believes such invoice price is
the current value thereat, and shall at the same time exhibit
to the collector the original invoices, and certify on oath'
TITLE ni.] IMPORTATION OF GOODS. gg'
that they are the original invoices, and that they contain all Chap. 16.
the dutiable goods imported by, or belonging, or consigned '- '-
to him in the^ vessel specified in the entry, to the best of
his belief, or if he has not and cannot procure the original
invoices he shall.make oath thereof, and account for his want
of the same, and shall also state on oath what he believes
to be the current value of the goods at the place whence
they were imported, as near as can be ascertained. All
such oaths shall be signed 'by the party attesting, and be
taken by the collector, or, in case of his absence, by his
chief clerk or authorized substitute.
23. If it shall appear to the collector or other proper Pro(!oediii|g
officer, that goods liable to duty according to their value, uulervaiueiL"
have been valued below their real value under the last pre-
ceding section, he shall appoint two persons to examine the
same, and such persons shall declare on oath before the
collector or other proper officergiltt what, in their opinion,
the same should have been valued, and the same shall be
deemed the real value upon which duties are chargeable.
The appraisers shall receive ten shillings each for their
valuation, to be paid by the collector, or other proper
officer, and charged in his accounts.
24. The value of goods not chargeable with duties PmegoocU, do-
according to the number, measure, guage, or weight thereof, from"Vhom*M*
brought into the province under the denomination of prize ''""'^- ^
goods, or which shall be sold by order of the court of vice
admiralty, or which shall become forfeited, shall, if the
value thereof cannot be ascertained by the means herein-
before prescribed, be ascertained by the gros's price which
thesame shall bring at public auction. And all such goods
whether chargeable to pay duties according to value or to
number, weight, guage, or measure, shall be sold at public
auction within two years after importation, reasonable
notice of the sale being given by the person charged there-
with to the collector, and the purchasers shall be con-
sidered the importers and pay the duties thereon.
25. The surplus stores of vessels arriving in this pro- Surplus storcg
vince from parts beyond the seas, shall be subject to the "*"" '" ''^'''''•
same duties and regulations as if imported as merchandize,
but if it shall appear to the collector that such stores are
not excessive or unsuitable under the circumstances of the
voyage, he may permit them to be entered for the private
use of the master or owner, or of any passenger to whom
the same may belong, on payment of the proper duties, or
to be warehoused for the future use of the vessel.
26. Where goods are manufactured or composed of ^^^^"I'^j ,jjj •
different materials, they shall be charged with the highest ferent mate-
duty to which any of the component parts are liable. hw 'charged?*
27. No goods shall be imported as from the United ^a°n'*^„f B?iudi
Kingdom or from' any British possession, if any advantage possessions
attach to such distinction, unless they shall appear upon the """st imre beea
56 IMPOETATION OF GOODS. [PAET I.
Chap. 16. cockets or proper documents to be duly cleared otitwards
elearedout. »* the port of exportation in the United Kingdom or such
wards. British possession, nor unless the grounds. upon which
such advantage is claimed be stated in the cocket or docu-
ment.
^^ods^iiSIc to ^^- ^oods which might be imported by sea may be
goo^s la c 0 |jj.Q^g|j^ ^y. j^j^^ Qj. ijiiamj navigation into the province
from any adjacent British colony, and they shall be subject
to the same duties, regulations, penalties and forfeitures as
the like goods if imported would be subject to, so far as
the same are applicable ; and if any goods shall be brought
into the province contrary to this provision, or if they shall
be removed from the place appointed for the examination
thereof by the revenue officers before the duties thereon
shall have been paid, such goods, together, with the vessel
or carriage and cattle which shall have brought the same,
shall.be forfeited. ^Ik
Batieswhen 29. Vessels entering me gut of Annapolis maybe re-
Sy^OT^Ann?pfl ported and entered, and the duties on goods therein
^**- imported paid, either at the ports of Digby or Annapolis.
Where Tessei 30. If any vcsscl having received damage shall put into
dama|e"utJin another port in this province than that to whicTi she shall
-himianfed*^ ^® bound, having dutiable goods on board which it may be
necessary to land for the purpose of repairing the vessel in
^ order to enable her to proceed on her voyage, the collector
upon application of the master or agent, may permit such
goods to be unladen and deposited in a warehouse in the
custody of the collector; and the collector shall cause to be
taken an exact account of the packages and contents, and
entry of the goods shall then be made by the master or agent
as hereinbefore directed, and they shall remain in the cus-
tody of the collector until the vessel is ready for sea, when
upon payment of storage and the reasonable charges of
unlading and storing, the collector shall deliver up the'same
to the master or agent to be exported from the province
under the same security and regulations as if such goods
had been imported in the usual manner, and such goods
shall not be subject to duty. No person shall be entitled
to the benefit of this section who shall have sold any of
such goods except such as it may have been necessary to
sell ' to defray the expense of repairs and charges of the
vessel, or as may have been authorized by the board. If
goods are sold for payment of repairs and charges they
shall be subject to duty, and shall be warehoused, or the
duties thereon paid by the purchaser.
Goods sold for 31. The owner or salvor of dutiable goods saved from
Slmptedtt t^e sea, in respect of which any salvage shall have been
anty. lawfully awarded or paid or agreed to be paid to the sal-
vors, may sell so much thereof as will pay the salvage, and
upon production of the award, or satisfactory pTroof to the
board of such payment or agreement therefor, the board
TITLE m.] IMPORTATION OP GOODS. g7
shall allow tke sale of goods free of duty, to the amount of, "Chap. 16.
the salvage, or to such other amount as to them shall ' "
appear proper.
32. Goods derelict, flotsam, jetsam, or-wreck, or landed wrecked goods
<or saved from any vessel wrecked, stranded, or lost, brought ^'^^^® '" ^"'^"
or coming into the province, shall be subject to the same
"duties as goods of the like kind imported are subject unto ;
if of such sort as are entitled to allowance for damage, such
allowa,nce shall be made under the direction of the board.
If any person shall have in his possession, in port or on
land, any such goods, the same being dutiable, and shall
not give notice thereof to the nearest revenue officer
without unnecessary delay, or shall not, on deniand, pay
the duties thereon, or deliver the same to the proper
officer, he shall forfeit fifty pounds. And if any person
ehall remove or alter, in quantity or quality, any such goods,
or shall unnecessarily open or alter any package thereof,
or shall abet any such act before the goods are deposited in
a warehouse under the custody of the revenue officers, he
shaU forfeit fifty pounds ; and if the duties on such goods
are not paid within eighteen months from the time when
the same were so deposited, the same may be sold in like
manner and for the same purposes as goods imported niay
in such default be sold. If they. cannot be sold for enough
to pay the duty they shall be delivered over to the person
entitled to receive them, and shall be deemed unenume-
rated goods, and charged with the lower duty accordingly;
tut any person having lawful claim to such goods, or being
in possession thereof, shall be at liberty to retain the same
in his own custody, on giving bond, with two sureties
approved by the collector, in double the value of the goods
for the payment of the duties thereon at the expiration of
a year, or to deliver such goods to the proper officer in the
same condition as they were at the time of taking posses-
sion. Nothing in this section contained shall extend to
goods in the custody or under the management of any com-
missioner for the Isle of Sable.
33. No goods, except those allowed to be landed with- Goods how,
out permit, shall be unladen from any vessel arriving from ^ be uufaden™
parts beyond the seas, or arriving coastwise with dutiable
goods, on Sundays or holidays, and such goods shall be
unladen only in the day time, and between such hours a,s
the board shall appoint, and such goods shall be unladen
only in the presence or with the authority of the proper
officer, and at the place expressed in the permit ; and no
such goods after being unladen .shall be transhipped, or
after having been put into any boat to be landed shall be
removed into any other boat or craft, previously to their
being landed, without the permission of the proper officer.
34. The unshipping, carrying,^and landing of goods, and SodwithTiI*
the bringing the same to the proper place after landing for landin^of
examinationj and the putting the same into the scales and iome'.
58
■WAEKHOUSIN© OP GOODS.
[PAET r.
Vessels for Bras
d'Or Lake
where to enter..
Chap. 17.. taking tliem thereout after weighing, shall be performed
*• by or at the expense of the importer.
35. No vessel shall pass into the Bras d'Or Lake without
first coming to anchor at the entrance, and piaking entry of
the cargo on board, and paying the duties to the collector
appointed to receive, the same ; the master of any vessel
passing without making such entry shall be liable to a fine
of twenty-five pounds, in addition to any other penalty he-
may have incurred.
CHAPTER 17.
OP THE WAREHOUSING OF GOODS'.
Warehouse a-p
poiutmcntseon
lirmed.
Warehouses
may be esta.h-
lished, and or-
ders made rela-
ting thereto.
Goods may be
warehoused^
and bonds jny-
f^cods entered
for warehouse
forfeil'ed in cer-
tain cases.
Duty of oiBoer
on entry of
foods for ware-
ouse
1. The appointment of warehouses for the securing of
goods liable to duty already established, is confirmed, but
may be annulled by the board of revenue.
2. The board may by order establish other warehouses
at any warehousing port, and may declare what goods may
be warehoused therein, and may also annul any order es-
tablishing such warehouses, but all such orders shall be
forthwith transmitted -to the governor in council and pub-
lished.
3. The importer of any dutiable goods, and the manu-
facturer of any spirituous liquors, may warehouse the sam&
without payment of duty on the first entry thereof on
entering into a bond to the collector, with two sureties by
him to be approved, in double the amount of duties, which
bond shall be in the form now in use, and shall be otherwise
made and executed as the board may direct. And if any of
such goods shall be thereafter entered for home use, the
duties thereon shall be paid at the time of such entry, and
at the same rate as if then imported and entered for the-
first time. If within two j^ears from the date of the first
entry, the goods, or any part thereof, shall be sold, the
collqf tor may admit fresh security by bond with sureties
from the purchaser, and cancel the original bond, or exone-
rate the parties thereto to the extent of the new security,
but such new security shall not be given for a less sum than
one-fifth part of the duties mentioned in the condition of
the original bond.
4. If goods entered for warehouse shall not be deposited
therein within the time and in the manner directed by the
proper officer, or shall afterwards be taken out of warehouse-
without entry therefor, they shall be forfeited.
5. Upon entry and landing of any goods to be ware-
housed, the proper officer shall take a particular account
thereof and mark the contents on each package, and enter
TITLE m.] WAREHOUSING OF GOODS. 59
the same in a book to be kept for the purpose ; and no goods Chap. IT.
warehoused shall be delivered from warehouse except upon
entry and under care of the proper officers for exportation,
or upon entry for home use and payment of the duties.
"Whenever the whole of the goods warehoused under any
entry shall be cleared from warehouse or whenever further
time shall be granted for any such goods to remain ware-
housed, an account shall be made out of the quantity upon
which the duties have been paid and of the quantity export-
ed, and of the quantity, to be then ascertained, of the goods
still remaining in the warehouse, deducting from the whole
the quantity contained in any whole package which may
have been abandoned for duties ; and if there shall be any
deficiency of the original quantity, the duty, except as here-
inafter provided, payable upon the deficiency, shall then be
paid.
6. Goods warehoused shall, by or at the charge of the fe°i°andse^ured
owner, be stowed in such manner as that easy access may in warohouso.
be had thereto, under penalty on such owner of five pounds
for every omission ; and they shall be. stowed in such parts
or divisions of the warehouse and in such manner as the
collector shall direct, and the warehouse shall be secured in
such manner, and visited only at such times, and in the
presqpce of such officers, and under such regulations, as the
collector, under the authority of theboard, shall direct.
7. The collector, under the regulations of the board or sampiesmaybs
in his own discretion, may permit samples to be taken of '**'*'"■
goods warehoused, without entry and without payment of
duty, except as the same may eventually become payable
on a deficiency of the original quantity under the provisions
of this chapter.
8. The collector, under the regulations of the board or Owners may do
in his own discretion, may permit the proprietor of goods |oods°wh?ie ia
warehoused, at his own expense to sort, separate, pack and warehouse,
repack the same as may be necessary for their preservation
or more convenient disposal, and under the fi-egulations of
the board to draw off liquors into bottles or casks, and to
mix brandy with wines, and to fill up casks of liquors from
other 'casks thereof respectively in warehouse, and to rack
off wines from the lees, or mix wines ; and he may also allow
portions of goods so separated to be destroyed, but without
prejudice to claim for duty upon the whole original quan-
tity. Whole packages may be abandoned to the collector
for duties, and shall not remain liable thereto. No portion
of goods less than a whole package shall, however, be taken
out of the warehouse at any time.
9. Goods warehoused may, under the authority of the Goods maybe
collector, be delivered on entry without payment of duty on^ewMehousi
except for any deficiency, for removal to another warehouse '""lotiier.
in the same or another port in the province under bond to
the satisfaction of the collector, or such other regulations
60 WAREHOUSING OP GOODS. [PART I.
Chap. 17. as the board may make for the re-warehousing thereof or
payment of duties thereon.
Ximitation of 1^- Goods Warehoused shall be cleared for exportation
iug goodsware- °^ entered for home use within two years from the first
houfod. entry thereof; and if not so cleared or entered the collector
unless otherwise directed by the board, shall sell the same,
and the proceeds shall be applied — first to the payment of
warehouse rent and other charges, next of duties, anci the
surplus, if any, shall be paid to the proprietor.
How goods in 11. When goods in Warehouse are sold, the seller shall
bl'trSfrS.^ give the buyer a transfer note containing the particulars of
the goods and the date of sale, and the purchaser shall lodge
the same with the warehouse keeper, who shall make a
ininute of the transfer in a book to be kept for the purpose,
and which shall be produced on application. If this pro-
vision shall not be complied with, the goods, so far as
respects the officers of the revenue, shall be held the pro-
perty of the seller.
Penalties for in- 12. If goods warehoused shall, with the owner's sanc-
wareifo'used'"'' ^^0°) ^^ fraudulently concealed in or removed from the
goods. warehouse, they shall be forfeited ; and if the proprietor,
or any person with his knowledge, shall fraudulently open
the warehouse or gain access to the goods, except in the
presence of the proper officer in the execution of his<duty,
or shall fraudulently adulterate, reduce or increase the
strength of liquors, such proprietor shall, for every offence,
forfeit one hundred pounds.
Dntioson goods 13. If goods entered for warehouse, or for delivery
warehouse, re- therefrom, shall, by unavoidable accident, be lost or de-
toinolsos"'"' ^t^ojed either on shipboard or in the landing or shipping,
or the receiving into or delivering from the warehouse of
the same, or if any such goods shall be destroyed, or, being
liquors, shall leak or evaporate while in the warehouse,
the board may remit or return the duties thereon, but no
abatement shall be made in respect of deficiency in quan-
tity of liquors or of wastage in any article, unless the goods
shall have been warehoused six months.
Goods entered 14. If the importer of any goods entered for Warehouse
re-entered'for' Emd landed, shall, before the same are deposited in the
home oonsump. warehouse, further enter the same or any part thereof for
home use or for exportation, as from the warehouse, the
goods so entered shall be considered constructively ware-
housed, and may be delivered for home use or for exporta-
tion, as the case may be. ,
Warehoused 15. Goods Warehoused shall continue liable for freight. ■
goods liable for -j;' i • i i o ?
freight. as II on shipboard.
title m.] exportation op goods and deawbacks. gj
Chap. 18.
CHAPTER 18.
OP THE EXPORTATION OF GOODS AND OP DRAWBACKS.
1.^ Whosoever shall export any goods on which on their Drawbacks ai-
. entry inwards for home use the duties shall have been paid, ^°^®'^-
shall be entitled to a drawback of the whole amount, such
goods being of the quantity or value for which a drawback
is allowed ; and all drawbacks shall be under the manage-
ment of the board of revenue.
2. All goods warehoused on the importation thereof, warehoused
may be exported from warehouse without payment of free''of du^y^'*''
duty.
3. No goods on which, upon exportation, any drawback wiere draw-
is intended to be claimed, and no goods intended to be ex- howgoodftole
-ported from the warehouse shall be laden until entry out- ^^'ported.
ward shall have been n^e and permit granted therefor ;
and no goods shall be iMen except at some place at which
an oiEcer is appointed to attend, and except in the presence
or with the permission, in writing, of the officer ;*but the
board may make such other regulations for carrying goods
coastwise as may be expedient. All goods laden contrary
to the provisions of this chapter, or to any such regula-
tions, shall be forfeited.
4. The person entering goods outward for drawback or Entry to be
for exportation, or from the warehouse, shall deliver to the mteredfSr"'^'
collector a bill or entry written at length, containing the drawback,
name of the exporter, of the ship and of the master and of
the place to wh^h bound, the particular place within the
port where the goods are to be laden, the particulars of the
quality and quantity of the goods and the packages, their
marks and numbers and the value thereof; and the collector
shall thereupon grant his shipping permit which shall be
written upon or annexed to a, copy of the entry to be made
by the exporter.
5. Upon the entry outwards of any goods from the Bond,
warehouse, the exporter shall give a bond in double the
duties, with two sureties that they shall be landed 'at the
place for which they may be entered or accounted for to
the board.
6. Every person who shall make entry outwards of „™„afo„^ed™
goods for drawback, or for exportation from warehouse, not partyenters
being the proprietor thereof nor the master of the vessel, ^"^ " °" ^^^ '
shall for every offence forfeit fifty pounds.
7. No entry outwards, nor any shipping permit, or per-' ^^^'j* ^^'"^
mit for taking goods from warehouse for exportation, shall ^^™
be deemed valid unless the particulars of the goods and
packages shall correspond with the particulars in the entry
inwards for home use, or in the entry for warehousing, nor
62 EXPORTATION OP GOODS AND DRAM'BACKS. [PAET i.
Chap. 18. unless they shall have been properly described in theentry
• outwards, by the character, denomination and circum-
stances under which they were originally charged with
duty; and any goods laden or taken out of the war6house
by any entry outwards or shipping permit not so corres-
ponding or not properly describing them, shall be forfeited.
Drawback ai- 8. A drawback of the whole duties upon goods on which
grantek?"^'^ ^ the duties shall have been paid, shall be allowed upon any
quantity of wine not less than twenty-five gallons, or upon
any quantity of spirits or other liquors not less than one
hundred gallons, exported in the original packages, and
upon any quantity not less than three hundred weight of
coffee, or any quantity not less than ten hundred weight of
sugar, or any quantity not less than two hundred gallons of
molasses, or any quanity not less than five hundred pounds
of leather, or any quantity not less than two hundred and
fifty pounds of tea, and upon any amount not less than fifty
pounds sterling of the original value of any articles charged
according to the value. ^
shipping,per- 9_ Before any goods not expOTted from the warehouse
uiit to De ctjiii- _-, 11 "IT T' I.J.1 'li.
flud by guager. and Dcmg charged with duty accordmg to tne weignt,
guage Of measure, shall be laden for exportation, the ship-,
ping permit shall be exhibited to the guager and weigher,
who shall thereupon, without fee, guage or weigh them
before shipment and certify on the permit the weight, guage
or measure thereof
Affldavit to.be 10. So soou as any goods so entered outwards, not being
Storing ^good" from warchouse, shall have been actually laden, the master
eutward. ^^^ exporter shall make an affidavit annexed to the entry
that the goods are shipped for exportation and not to be
relanded or disposed of in the province, and that the same,
to the best of their knowledge and belief, Vere part of the .
stock of the person by whom they were entered for home
use, and that the goods, if subject to ad valorem duties, are,
of the value stated in the entry, and that the same is the
true value at the place from whence they were originally
imported ; and shall specify the office where entered and
the date of entry, and that they are of thesame quality,
proof and description as when imported or as described in
the entry outwards.
SS;ifict°t^ "^ 11. -If within one year from entry outwards there shall
be produced a certificate annexed to the shipping permit
and signed hj some principal officer of the customs or
colonial revenue at the place to which the goods were ex-
ported, or if such place be a foreign country, of any consul
or vice consul resident there, or an affidavit annexed to the.
permit of any person resident at the place and certified by
a notary public or magistrate, and in which certificate or
affidavit it shall be stated that the goods were actually land-
ed at some place out of the province, or that they were
lost, or that the vessel had never arrived at her destination
TITLE III.] EXPOEXATION OF GOODS AND DEAWBACKS. 63
and was supposed to be lost, the bond shall be cancelled, Chap. 18.
or if the duties have been paid the board may allow the draw- ~~
back thereon, and the exporter shall be entitled to receive the
amount of the duties at the receiver general's office. All
bonds not so cancelled within twelve months shall be enforced.
12. Whenever dutiable goods shall be sent coastwise, How drawback
the person to whom they are sent may export them and gooUs'sent"
receive the drawback in the name of the importer ; but they ""^^'^^''o-
must have been duly entered at the first port for exporta-
tion to the second port coastwise; and the shipping permit
granted, in which it shall be stated that the duties have
been paid or secured at the first port, tlie importing ship's
name, the place whence and the time when they were
imported, the marks and numbers of the packages ; and all
liquors must be in the original packages.
13. If the master of a vessel in which a part of the Master delay-
imported goods are intended to be exported shall unneces- pay'tidowalter
sarily delay unlading the goods intended for landing, or
after unlading them delay longer than three days proceeding
on the voyage, he shall pay every day to the tidewaiter
employed the regular wages which would in ordinary
cases he chargeable against the government, and the tide-
waiter may recover the same before a justice of the peace,
and the collector shall withhold the clearance until the
same are paid, with costs, if incurred.
14. . All wines and distilled spirituous liquors and brown ^•''anf nav"
sugar, flour, bread, cheese, oatmeal, peas, salted suet, vine- exempt from
gar, oil, raisins, currants, salted beef, saltes'S.pork, butter and '^"'"'^'
cocoa, imported for the army or navy or naval yard, or any
commissary or government contractor, and all prize goods
purchased for their use, and all spirituous liquors distilled
in the province and supplied for their use, shall be exempted
from duties, but they shall be warehoused. And when they
are intended to be delivered from the warehouse, the entry
shall be made as for home use, and shall state that they are
solely for the use of the army or navy, or naval yard ; and
a bond with two sureties, and in double the duties, shall
be given to deliver them to the persons authorized to
receive them for such use, or otherwise to account for them
to the satisfaction of the board.
15. Upon security being given, a permit shall be grant- ^"robtataed'''
ed, and such goods shall be delivered from warehouse in from warehouse
presence Of the revenue officer, and shall be conveyed and
delivered in presence of a revenue officer to the commis-
sary or other person appointed to receive the same for the
use of the army, or on board of some of her majesty's ships
or into the naval yard, and a receipt therefor signed on the
permit, and on the ^return thereof, to be made if required
under oath, the security shall be cancelled. Drawback
16. If any of the above enumerated goods shall be ship- how obtained
ped for such service after the duties have been paid, a 8uoii"|ood^' "^
64 EXPORTATION OF GOODS, AND DEAWBACKS. [PABT 1.
Cbap. 18. drawback of the whole duties shall be allowed; but a per-
mit for the delivery of them for such use, specifyiug the
quantities thereof with marks, numbers, or packages con-
taining the same, shall have been first obtained from the
collector, and the goods shall be conveyed and delivered in
manner as in the preceding section prescribed for goods
taken from warehouse, and the like receipts on the permits,
and verification thereof made ; and thereupon the amount
of the duties paid thereon shall be repaid from the provin-
cial treasury.
Goods shall be 17. Where such goods are charged with duty according-
weifhedTi so to the guage, weight, number, or measure, they shall be
ci^rgedwitii guaged, numbered or weighed, and marked, and the draw-
back paid accordingly.
If reianded in 18. If such goods shall be fraudulently relanded in this
thoy Bhiu "be province, or applied otherwise than for such use, they shall
forfeited. lyg forfeited ; and every person concerned therein shall for-
feit fifty pounds.
Offleers' wines 19. The board may, upon the application of the oificer
SmfiiceMefrom in commaud of any ship of war about to leave the province,
board. grant a license to purchase for the use of the officers so
many gallons of wine as shall be approved by the board as
adequate to their supply for three months ; and the name
of the person from whom such wines are to be purchased
shall be therein inserted.
Bond for such 20. The pcrson selling the wines shall obtain the permit
or drlwbToka* and ship them according to the regulations, and the officers
lowed. -fQj. whose use they have been purchased shall certify that
they are actually on board of the -ship ready for sea, and
that no part shall be re-landed. The certificate, with the
license, shall be delivered to the collector, and the bond,
on exportation from the warehouse, shall be cancelled;
or, if the duties have been paid, the drawback shall be
allowed.
Agents may en- 21. If a proprietor of goods shall be resident more than
*°f soodsmoer ^^^ j^jjgg fj.^^ ^j^g ^f^^^ ^f ^.j^g collector at the port of ship-
ment, he may appoint an agent to make his entry and clear
and ship his goods, or receive for him the drawback on his
certificate of drawback, if payable to him ; but the name of
the agent and the residence of the proprietor shall be sub-
joined to the name in the entry and shipping permit, and
the agent shall make the declaration on the entry wliich is
required of the proprietor, and shall answer the questions
that shall be put to him. Any trading corporation or com-
pany may appoint an agent for the like purposes.
No drawback 22. No drawback shall be allowed unless the goods be
twoyears.**^' shipped within two years after the payment of the duties.
Agents may ex- 23. If any goods which are to be exported for drawback
Srawbaoks"^ ^^ *^® property of a person residing abroad, having been
fj. poraons afiioad. consigned to Bome person residing in this province to be
exported on account of the owner, such person ms>y., as
TITLE III.] ■ PEEVENTION OF SMUGGLING. 65
agent of the owner, enter, clear, and ship them, and receive Chap. 19.
the drawback thereon.
24. The board may make rules with regard to the ex- Board to make
portation of any spirituous liquors on which a drawback •exp''ortatwn 'of
shall be claimed,, and for ascertaining the strength thereof ^'^'^"^'
for the allowance of the drawback, and for the prevention
of fraud.
25. If any goods entered for exportation from ware- Goods entored
house, or for drawback, shall not be duly exported to the forf6Uedif're-°";
place for which they were cleared out, or shall ,be relanded forwarded as'
in this province, such goods not having been duly relanded cleared.
as short shipped or for other just cause, or shall be carried
to New Brunswick or Prince Edward Island not having
been entered and cleared direct thereto, such goods shall
be forfeited, together with any vessel or boat used in the
infringement of this section ; and all persons concerned in
the violation of this section shall forfeit double the value
of the gotids.
26. If any person in this province shall give any docu- p^^^-^y ^°^
ment in writing stating that goods have been landed in the to get draw-
province for the purpose of enabling any person to obtain '''"''"■
a drawback thereon in the United States or in any of the
colonies or provinces of North America, he -shall, if unable
to prove that the goods specified in such document have
paid the duties thereon in this province, for every offence
forfeit one hundred pounds.
27. Upon the representation of the board the governor operation of re-
.f ^ 1 ii j_- _c 1 J.- • gulationa, how
m council may suspend the operation of any regulation m suspended,
this chapter for so long a time as may be deemed proper.
CHAPTER 19.
OP THE PREVENTION OF SMUGGLING.
1. The officers of the revenue may go on board any omoers of reve-
vessel within any port in the province and search her for Tes^seTs"^
prohibited and uncustomed goods, and also on. board any
vessel being within one league of any of the coasts, and
stay on board while she remains in port, or within such
distance; and if she shall continue hovering for twenty-four
hours after the master shall have been required to depart,
the officer may bring her into port, and search her and
examine her cargo, and examine her master upon oath
touching the cargo and voyage ; and if there be any pro-
hibited goods on board, the ship and cargo shall be forfeited;
and if the master shall not answer the questions demanded
66 PREVENTION OP SMUGGLING. [PART T.
Chap. 19. of him, or shall not truly answer the same, he shall forfeit
one hundred pounds.
Offloor may en- 2. Any revenue officer, having first made oath before a
coruTi casll,'° justice of the peace that he has reasonable cause to suspect
and how. ^^^^ goods liable to forfeiture are in any particular build-
ing, may, in company with the justice, who is hereby
required to accompany him, enter such building at any time
between sunrise and sunset ; but if the doors are fastened,
then admission shall be first demanded, and the purpose for
which entry is required declared, when, if admission shall
not be given, the justice shall order the ofiicer forcibly to
enter ; and when in either case entry shall be made, the
oflScer shall search the building and seize all forfeited
goods. These acts may be done by a revenue ofiicer with-
out oath, or the assistance of a justice of the peace, in
places where no justice resides, or where no justice can be
found within five miles, at the time of search.
Officers of reve- 3. Under the authority of a writ of assistance, which,
wrft^SfasS" upon application of the board of revenue and due cause
ance. shewn, shall be granted by the supreme court or by any
judge thereof and be in force for three months, any revenue
officer, taking with him a peace officer, may enter any
building or place in the day time, and search for and seize
any goods liable to forfeiture, and if necessary for that
purpose, break open any doors and packages.
Collectors may 4. Every collector may at any time between sunrise and
toke"ocount°of sunsot, enter into any building of any person dealing in
stock. dutiable goods, and take an account of his stock ; and if he
shall refuse to open the door, or shall obstruct the oflScer,
he shall forfeit one hundred pounds.
Penalty for oti- 5. 'jf any person shall obstruct a revenue officer em-
cers° '"^ ° ' ployed as hereinbefore mentioned, or any person assisting
him, he shall be guilty of a misdemeanor and be punished in
the discretion of the court.
Custody of 6. All goods Seized under the revenue laws shall be
goo 8 seize . forthwith placed in custody of the nearest collector, and
secured by him under the directions of the board, or if
seized by any officer in charge of any revenue vessel, shall
be retained on board thereof until arrival at Halifax, and
Condemnation, shall be held to be condemned, and may be sold without
further proceeding, unless the person from whom they were
seized, or the owner of them, or some person on his behalf,
shall, within one month from the seizure, give a written
notice to the seizor, or to the collector in whose custody
Claim. they arc, of claim thereto. If claim be made within the
month, then, subject however to the control of the board,
the collector shall forthwith thereafter have the articles
valued by three sworn appraisers who shall sign the valua-
tion, and if it shaU amount to forty pounds or upwards an
Information, information shall be filed in the supreme court, otherwise
an information in writing, if the seizor think proper so to
"TITLE hi'.] prevention OP SMUGGLING. g^
proceed, may be exhibited in the name of the collector Chap. 19.
before two justices of _ the peace, charging the articles ~~
seized as forfeited under some particular section and chap-
ter to be therein referred to, and praying condemation
thereof; and the justices shall thereupon issue a summons
for all persons claiming interest in the seizure to appear at
a, certain time and place, there to claim the articles or
answer the information, otherwise the articles will be con-
demned ; and a copy of the summons shall, at least eight Proceedings fce^
days before the time of appearance, be served upon ^j^q ^°^'' ■i"^'"'^'
.person from whose posession the things were taken, or shall
be left at or affixed to the building or vessel, if there
xemaining, or at two public places nearest the place of
seizure. If any person shall appear to answer the informa-
tion, the justices shall hear and determine the matter and
acquit or condemn the articles ; but if no person appear,
judgment of condemation shall be given. The justices, on
condemnation, shall issue a warrant to the collector to sell
the goods.
7. If either party be dissatisfied with the decision of the Appeal to fce
justices, he may appeal to the supreme court at its next '^ """^ '
sitting in the county ; and such appeal shall be allowed
upon security by bond being given to the satisfaction of the
justices to abide the decision, which security, if the claimant
appeal, shall be in double the appraised value of the arti-
cles, but not less in any case than twenty pounds ; and if
the prosecutor appeal the security shall be in twenty
pounds ; and the proceedings shall be sent to the supreme
court, which shall hear and determine the matter in a sum-
mary manner, and confirm or reverse the judgment with or
without costs ; and if there be judgment of condemnation,
shall order the sale of the articles.
8. Where articles are condemned and liable to be sold. Condemned ar-
the collector shall forthwith sell the same at public auction, posed of.
giving at least five days' notice thereof by advertisements
posted up in at least five of the most public places in the
county, or such other notice as the board- may direct ; but
the board, instead of such sale, may direct the articles to be
destroyed.
9. The collector, out of the nett proceeds of the sale, Proceeds— how
after paying the expense of the proceedings, shall pay .one- *pp^'^'''
half part to the seizor, and the remainder as the board shall
direct ; and the board may thereout grant a further sum to
the seizor, or may recompense the informer, or any person
assisting in the seizure.
10. If on the trial of any information or suit brought on J^eguiations as
„ . -; . . o to costs m cases
account ot any seizure made under this chapter judgment ormfurmauoi.s.
shall be given for the claimant, and the judge or court
before whom the cause is tried shall certify on the record
that there was probable cause of seizure, the claimant shall
not be entitled to costs nor shall the seizor be liable to any
5
68 EEGTJLATIOH OF DISTILLERIES. [PAET I.
Chap. 20. suit or prosecution on account of the seizure ; and if oir
"""^ the trial of any suit or prosecution brought against any per-
son on account of any such seizure, judgment shall be given
against the defendant, and the judge or court shall certify
that there was probable cause for the seizure, then the
plaintiff, besides the thing seized or the value thereof, shall
not be entitled to more than two pence damages, nor to
any costs, nor shall the defendant m such prosecution be
fined more than a shilling.
Tender of H. The ofBcer may, within a month after notice, tender
amen s. amends to the party complaining, or his attorney or agent,
and may plead such tender.
masters^V?e" ■^^* '^^® master and owner of any vessel in which
seiaand others, dutiable goods shall have been imported from any of the
British possessions in North America, such goods not having
been warehoused or the duties paid thereon according to
law, shall, over and above all other penalties to which they
are liable, each severally forfeit for every offence not less
than ten nor more than one hundred pounds, and shall also
be jointly and severally liable for the duties ; and every
person concerned in exporting from any of such British
possessions to this province, or in bringing in, importing,
landing or receiving into this province, or having know-
ingly in his possession any such goods whereon the duties
have not been paid, or which have not been warehoused,
shall, for every offence over and above all other penalties to
which he is liable, forfeit not less than ten pounds nor more
than one hundred pounds, and be liable for the duties.
Operation of re- 13. Upon the representation of the board, the governor
gulations how . .f i , i , • n ' i , • •
suspended. , in couucii may suspend the operation oi any regulation m
this chapter for so long a time as may be deemed proper.
CHAPTEE, 20.
OF THE EEGULATION OF DISTILLERIES.
MmXhow*'^' 1. Licenses for distilling intoxicating liquors may be
granted. granted by the governor in council, and shall be in the
form in schedule A, and be signed by the receiver general
or liis principal clerk in the revenue department.
ft;?™ran'ting^l- ^- '^'^^ annual charges for granting such licenses, shall
censes. be determined by the governor in council, according to the
capacity of the distillery for manufacturing liquors, and
such other circumstances as in their judgment ought to
affect such annual charge upon each several distillery,
tomses"""."^ ^- ^ licenses shall expire on the thirty-first day of
March next, after the date thereof; and no license shall bsv
TITLE m.] . REGULATION OP DISTILLERIES. 69
•
granted for a less sum for a part of a year than for a whole Chap. 20.
year.
4. Every person to whom a license shall be granted Duties, how
shall, before receiving the same, pay down one quarter o^^^^^
the duties, and enter into a bond with two sureties, in the
form in schedule B.
5. Where a license shall be granted after the first day of Balance of du-
July, the balance of the duties shall be payable in equal pafi '"''' *° ^^
instalments on the quarter days thereafter, ending on the
first day of the months of October, January and April,
respectively, or such of them as may not have been passed,
and the bond shall be altered so as to conform-thereto.
6. Any person so licensed, who shall not intend to renew Notice to be
his license, shall give written notice thereof at the excise lot™ be ra-°°°
office in Halifax, at least one month previous to the expira- "e^^'^-
ration of his license, and in default thereof shall forfeit a
sum equal to one-fourth of his license duty.
7. The board of revenue may take possession of all ^o*'''! °f ™Te-
liquors belonging to distillers at the expiration of their possession of ii-
license, whether the same shall be on their own premises or when.' ^'^'^
elsewhere, and shall store the same in a warehouse, and
such liquors shall be chargeable with the like duties as if
imported, and may be exported under the same regulations.
8. Any person who shall distil intoxicating liquors, or Forfeiture for
sufier it to be done on his premises without license, shall wfthoutfioense'
forfeit not less than fifty pounds^nor more than one hundred ^ .
and fifty pounds. ^--./^-^'--J'^— ^,.. — -»v-^.^- ^f^"
9. All places fitted for the distilling of liquors for which AUiUioitdistii-
a license shall not have been granted, . may be taken pos- keTpossesslon"
session of by the board of revenue ; and the board are "evmue*"^'^ "^
empowered to cause search to be made of all premises sus-
pected to be used for the purposes of distilling intoxicating
liquors.
10. Every distiller shall make a monthly return, under ^®t*^Pl"'"^^/
oath, of all liquors manufactured by him, to the nearest monthV^™* "
collector of colonial revenue, under a penalty of not less
than ten pounds nor more than fifily pounds. ~
11. No distiller shall increase the size or e'nlarge the smus not to be
number of his stills during his license, without the consent rSig^foensef
of the board of revenue, under penalty of forfeiture of his
license, or of a sum not exceeding one hundred pounds, at
the election of the board.
12. The board of revenue are empowered to make ^all Board of reve-
such regulations as they may deem necessary for carrying J^^Stion^*''*
out the objects of this chapter, and the prevention of fraud;
and may afiix such penalties and forfeitures for breach of
any such regulations as may be deemed proper.
13. An addition of thirty per cent, shall be made to the Licenses in-
charges now payable for licenses for distilling intoxicating '"'^^^^"^•
liquors, from and after the twenty-fourth day of March, in '^^■^^f'^^
the year one thousand eight hundred and fifty-eight. ^^'^' ^
70 LIGHT HOUSE DUTIES. . [PART I.
Chap. 21. 14. This chapter shall remain in force until the first day
Duration of act. of April, in the year one thousand eight hundred and fifty-
ninCj and no longer.
schedule.
A. -;?r^;'
County of , ~'
License is granted to A. B., of , in the county of
-, to distil intoxicating liquors, conformably to law,
in his premises, situate \]iere describe jxirticulariy the situa-
Hon of the premises] until the first day of April next.
Dated this day of , A. D. 18 — .
B.
Common form, two sureties, with condition as follows : —
Whereas, the above bounden A. B. has been licensed to
distil intoxicating liquors until the first day of April, and
has paid the sum of , being one-fourth part of the
duties payable thereon, and the remaining three-fourth parts
of such duties, amounting to the sum of , are to be
paid in three equal instalments, on the first day of the
months of July, October and January next respectively.
. Now the condition of this obligation is such, that if the
said A. B. do pay to the receiver general or his principal
clerk in the revenue department, such remaining three-
fourth part of such duties, at the times so limited for
payment thereof, and shall in all respects conform to the
provisions of an act passed in the fifteenth year of her
majesty's reign, entitled, " an act for regulating distilleries,"
then this obligation shall become void.
Signed, sealed, and delivered, )
in presence .of . j
. 2-<. - — ___
CHAPTER 21.
OP li'Ght house duties.
Ligiitdiities on 1. Vessels registered in the province shall on their first
se™rhow secu- voyagc pay six pence per tan to the collector of the colonial
red. revenxie or other person in that behalf appointed by the
governor in coipicil, who shall deliver to the master a cer-
tificate thereof, which shall exempt the vessel from further
payment until the first day of April then next ; and such
vessel shall not be cleared at the custom house without
production of the certificate ; but new vessels leaving the
province on their first voyage and intended for sale shall be
i4^l
TITLE ni.] LICENSES SALE INTOXICATING LIQUORS. 71
Qxempted from duty unless they again return ; and new Chap. 22.
vessels cleared on their first voyage after the first of Sep-
tember shall be exempted from further payment of duty
until the first of April next following on payment of one-
half the amount of the above duty.
2. Other vessels coming into the province shall pay, on Light duties on
entry, six pence per ton to the collector, or other person °^^^' vessels.
appointed as hereinbefore mentioned, who shall grant a cer-
tificate thereof which shall exempt them from further duty
until the first day of April then next.
3. Vessels passing through the straits of Canso without Light duties oa
the certificate hereinbefore mentioned, shall pay six pence through^Oanso
per ton ; and a certificate thereof shall be granted which
shall exempt them from further payment until the first day
of April then next.
4. This chapter shall not extend to vessels or steamers vessels in go-
belonging to or in the service or employment of her majes- pioy'^exeLpS.
ty's government, excepting steamers not belonging to her
majesty and carrying mails, which shall pay duty.
5. The person receivine; the duty shall pay the same Collector's com-
n • mission
into the provincial treasury, deducting five per cent, for his
commission.
6. If the master of any vessel liable to duties hereunder Penalty for non-
shall refuse to pay or depart without paying the same, he p^^""™'-
shall forfeit five pounds ; to be recovered with the duties
in the name of the officer.
7. If the master shall not pay the duty when duly seizure author-
demaiided, the officer shall seize the vessel and detain her
until the same, together with the penalty of five pounds, is
paid.
8. This chapter shall remain in force until the first of J^^?^jj''J\?g"™:
April one thousand eight hundred and fifty-nine. ■ ler.
c-«c ; 3fi - y
^ el J *ea CHAPTER 22.
OF LICENSES FOE THE SALE OF INTOXICATING LIQUOES.
1. The sessions in each county, upon the recommenda- cierts of the
tion of. the grand jury, shall annually appoint as many pofatmeut of,
clerks of the license as they may think fit, and shall define '''''"
the districts within which they shall exercise their authority,
and such clerks of the license shall give bonds to her ma-
jesty, with such sureties and in such pens^pas the sessions
may direct for the faithful performance of^eir duties, and
shall be sworn into office ; and such officers shall be ap-
pointed although no Hcenses be granted in the county,
provided that if the persons so appointed shall die, refuse
72
LICENSES SALE INTOXICATING LIQUORS. fPAET I.
Chap. 22.
Incase of death
—refusal to act,
No mtoxioating
liquors to be
sold without li-
cence except in
original pack-
ages, and in
quantities
above ten gal-
lons.
Penalty.
lAcenses — ^how
granted, &o.
Not to be licen-
Kinds of.
Form of.
Duty for— how
fixed, &e.
Must be paid
before li&ence
granted.
Bond.
Licenses free
of duty.
Justices of the
peace prohibit-
ed.
Kegistry of li-
ecnccs.
to act, remove from the county, or from any other cause'
whatever shall be unable to act, a special sessions for the
county shall, upon the requisition of any three freeholders
addressed to the custos requiring him to call such special
sessions, meet and appoint a suitable person to fill such
office, subject to the conditions above mentioned.
2. No intoxicating liquors shall be sold in quantities less
than ten gallons, to be delivered at one and the same time,
unless in the original package in which imported, or by
license, under a penalty of not less than one pound nor
more than twenty pounds for every oifence ; and no such
liquors shall be sold in the city of Halifax without license,
unless in the original packages in which the same are im-
ported, and when any intoxicating liquors are imported or
sold in bottles contained in casks or cases, such casks or
cases shall be considered the original packages.
3. Licenses may be granted by the sessions upon the
recommendation of the grand jury, except in the city of
Halifax and the municipality of Yarmouth, where they may
be granted agreeably to the acts incorporating those places
respectively, but such recommendations may be rejected in
whole or in part by the sessions : but no license to sell
liquors shall be issued or granted to any person, who now
does or hereafter shall keep a brothel, or house of ill
fame.
4. Licenses shall be of the following kinds, viz : tavern
licenses and shop licenses, and in the city of Halifax and
town of Pictou there may also be granted general licenses
to persons holding tavern or shop licenses.
5. Licenses shall be in the form in schedule A.
6. The courts of sessions in the various counties, and
the city council of Halifax, and the municipality of Yar-
mouth, shall fix the amount of duty to be paid for each .
class of license, and the fees to be paid to the clerk of
license and clerk of the peace for issuing the same, and also
the commission to be paid to the clerk of license for col-
lecting and paying over such debts.
7. Every person . to whom a license shall be granted
shall, before receiving the same, pay down the whole duties,
and. shall also enter into a bond with two sureties in the
form in schedule B, which bond shaU be prepared by the
clerk of the licenses, and when executed shall be filed with
the clerk of the peace..
8. Licenses free of duty or upon payment of a less duty
than that by law imposed may be granted to persons living
on public road^gHttle frequented, to encourage them in
keeping publioOTpses for the accommodation of travellers.
9. No justicS 'of the peace shall hold a tavern or general
license.
10. . The clerk of the peace and clerk of the licenses shall
each register in a book, to be kept for that purpose a list of
"JITLE m.] LICENSES SALE INTOXICATING LIQUORS. 73,
licenses with the dates of such licenses, the names, addi- Ohap. 22.
tions, and residence of the parties so licensed, and a memo- ■
randum of the houses or shops for which such licenses
were granted, and a statement of the number of bonds
taken and of the amount of duties paid ; and such books
shall be exhibited when required to the sessions and grand
11. If any person holding a tavern license shall not, Tavemikensi—
within ten days after obtaining the same, place a sign on mult'puwp'a
the tavern with his name thereon, importing that liquors ^'sn-
are there to be sold, and that entertainment for man and
horse can be there had, he shall forfeit a sum not exceeding Penalty,
five pounds ; and the neglect to do so for every ten days
after every conviction, shall be deemed a fresh offence.
12. If any person not having a license shall place on Penalty for put-
any building or in the neighborhood thereof, any inscription if°possessfng no
importing that intoxicating liquors may be had there, he 1'™°"®-
shall forfeit a sum not exceeding five pounds ; and every
continuation of such inscription for ten days after convic-
tion, shall be deemed a fresh offence.
13. If any person holding a tavern license shall not maintaSn^g"*
maintain good order on the premises, or if he shall permit good order—
raffling or gambling thereon, or shall on Sunday permit —drinking, &o.,
persons other than lodgers or persons coming for necessary °" ^"^ '^^^
victualling only, to remain about the premises drinking or
idly spending their time, or where not holding a general
license also shall permit anything other than victuals and Exposing goods
drink usually consumed in a tavern to be exposed for sale ^°^ ^ ^'
on the premises, or shall not have reasonable aeoommodar Not having
tion for travellers and their horses, cattle and conveyances, eomnSStion!"
he shall forfeit his license and a sum not exceeding ten
pounds for every ofi"ence, in- the discretion of the court
before which he shall be convicted.
14. If any person holding any license shall sell any in- „„ sufi"!"*"^
toxicating liquors on Sundays, except in the ease of tavern
keepers, to lodgers on the premises, he shall incur the like
forfeiture as mentioned in the last section.
15. No person holding a shop license only shall sell less ^p [I"^™""
than one gallon of intoxicating liquors, to be delivered at &e.
one and the same time, or shall suffer any intoxicating
liquors to be drunk on the premises where sold, or any such
premises to be opened on Sunday, under the same penalty
as that mentioned in the thirteenth section.
16. No person shall recover or be allowed to set off any charges for ii-
charge for intoxicating liquors, in any quantity less than rerabie," &c!'°'if
one gallon, delivered at one and the saine time ; and all jj,^^"^ °"® ^ai-
specialties, bills, notes, or agreements, given in whole or in
part to secure any such charge shall be void; but nothing Bxeoptiona.
herein contained shall extend to any charge made by a
person holding a tavern license only against any boarder
or travellerv
74 LICENSES SALE IKTOXICATING LIQUOES. ' [PAET 1.
Chap. 22. 17. If any person holding a tavern license shall purchase
jReoeiving from any servant or common laborer any wearing apparel,
goods, impie- tools, Or implements of trade or husbandry, or household
inents of trade, ^^ r. ^ . -, in • i?
Ac, from ser- goods, or lurniture made up, or shall receive irom any per-
pawn! *"■'"'" son any goods in pawn, any justice of the peace upon
sufficient proof on oath of the fact, may issue his warrant
Penalty-form for restitution of the property and for payment of the costs ;
ofprocoeding. ^^^ -^ default thereof for levy and sale of the offenders
goods for double the value of the property and costs ; and
the offenders shall also be liable to a penalty of forty shil-
lings.
Si*ed^wom"n l^- Married women and servants concerned in any
or servants fpr breach of this act shall be liable to the penalty thereto
breach of act. ,,i- -f ,^ • -t ■ ■ ^
attaching as if they were unmarried women or principals,.
Proviso. provided the husbands or masters shall not have been pro-
secuted for the same offence, and upon any conviction of a
married woman or servant under this section, the husband
or master shall not be afterwards sued for the same
offence.
cierkof the li- i 19 The clei'k of the licenses may, whenever he sees fit,
censes may visit . ., ,, . „ 1 ij- "^'x T j.
iiremises. ^ visit the premises 01 persons holding tavern licenses to see
that the provisions of this act are complied with, and, he
shall i)rosecute all offenders ag-ainst such provisions, and if
^tructTn^'him'^' ^'^•^ person shall obstruct him in the exercise of his duty he
shall forfeit the sum of five pounds, and may also be indict-
ed for a misdemeanor and fined and imprisoned in the dis-
cretion of the court,
^^ooounts^of the 20. The clerks of the licenses, except in the city of
rendered, &c. Halifax, shall render a half yearly account to the county
treasurer of all duties collected and of all penalties or por-
tions thereof payable into the county treasury which may
have come into their hands, together with a statement of
all judgments obtained for penalties so far as the same shall
Licence duties ^avo come to their knowledge and which may be unsatis-
— penalties, &c. fied ; and shall immediately on the receipt of any license
to whom paid, (j^^jgg^ penalties, or portions of penalties, pay the same over
to. the county treasurer, deducting the commission.
reSfvlS, &c!^ '^^- I'enalties under this chapter maybe recovered in
the name of any of the clerks of the licenses in their
respective districts, or of any other person who will sue
therefor, in the same manner and with the like costs as if
they were private debts, except that the summons shall be
mo™-?oonvTo"- i'^ ^he form in schedule C, and upon conviction, such con-
tion, &a. viction shall be endorsed upon or annexed to the original'
summons in the form of schedule D, and the saihe when
signed by the- justices shall be held a valid conviction, and
Prosecutor or upon the trial of any cause under this chapter, either the
be wtae°s."*^ prosecutor or the defendant, if he desire it, or at the in-
stance and request of the other party, may be examined as
Proviso. a witness, provided that when the prosecutor without being
TITLE III.] LICENSES SALE INTOXICATING LIQUORS. 75
called by the other party appears as a witness he shall not Chap. 22.
retain any part of the penalty, but the whole shall be paid
over as directed in the next section.
22. Penalties, under this chapter, except as provided in Penaitics-dis-
tlie preceding section, shall be paid one half to the person ^'"™^ "^'
sueingj and the other half into the county treasury, except Exceptions,
in the cases of Halifax and Yarmouth, where the same shall
be paid to the officers now by law authorized to receive
such moneys.
23. Appeals from the decisions of the justices for any Appeals, how
penalty or forfeiture incurred under this chapter, shall be ^™"'''"^-
granted in the same manner as in the case of summary trials ^o^^™ "*'' '^''•
before justices of the peace, and the defendant shall become Appeal bond,
bound with two sufficient securities in a sum double the
amount of the judgment to prosecute such appeal, and to pay
all costs, fines and penalties, that may be imposed and taxed
on the final disposition of the suit, and also that during the
pendency of the appeal he or she will not violate any of the
provisions of this chapter ; and, in the case of certiorari, in case of eer
instead of the bail required in such case, the same boii'd '°''''""'
shall be given as in ordinary appeals, and in case of grant- in oaae of now
ing a new trial the court may impose such terms on either ''''°'^'
party as may best promote the ends of justice. v
24. The bond to be given on such appeal- or on issuing Form of bond.
a writ of certiorari, shall be in the same form as that in
schedule B.
25. If any person subpoenaed as a witness in any suit or Penalty in case
iprosecution und-er this chapter shall not attend at the time anoe, ie., of
and place mentioned in the subpoena, without just cause to ^'''''^'^^^''^•
be allowed by the court or justices before whom the suit
or prosecution shall be had, or having attended shall depart
without permission of the court or justices, or shall refuse
to be sworn or give evidence on the trial, he shall forfeit a
sum not exceeding ten pounds, to be levied by warrant of How levied.
distress from the court or justices on the offenders goods,
and for want of such distress such-person shall be committed
to gaol for a period not exceeding three months, or until the
amount be paid; but no person shall be obliged to attend Must be paid
or give evidence on any such trial until he shall have been
paid'his fees for travel and attendance.
26. In suits instituted by the clerk of the licenses, where ^"f^^'^^ja" ^
the justice before whom the trial is had shall give judg- if justice oei-ti-
ment for the prosecution, or if he give judgment for the ^as*a^*easoi^
defendant, shall certify there was reasonable ground fo'r-^biejromid for
commencing the suit, the prosecutor shall be fully indemni-
fied for all costs and expenses on both sides, to be taxed by
a judge of the supreme court, and to be levied by assess-
ment or amercement on the county.
27. I No judgment shall be withheld on account of vari- J:^li^°^y.^i
ance between the proof and the summons, if it appears to and summons
the satisfaction of the justice trying the cause that the jlidgme^ut!"
76 LICENSES SALE INTOXICATING LIQUORS. [PART I.
Chap. 22. defendant was aware of the real cause of complaint ; but if
Justice may the justice see fit for this cause he may continue the trial
continue cause, foj. another day, and no judgment shall be set aside for any
variance, or from any formal objection.
Sale by wife, 28. Any Sale of" intoxicating liquors made on the pre-
vant. mises of any person, by the wife, child, or servant oi sucn
person, shall be considered presumptively as the act of the
husband, parent or master, and shall be punished in the
same way as if such sale had been made by such husband,
parent or master, in person, and the burthen of proof of
innocence shall be thrown on such husband, parent, or
master.
Mail carrier not 29. No mail Carrier shall knowingly carry in the same
to carry lictuor. -y^raggon or veMcle with her majesty's mails any intoxicating
liquors, under a penalty of not less than twenty shillings,
nor more than five pounds, for each offence.
Sale to a minor. 30. Any person holding a license' who shall knowingly
sell intoxicating liquor to a minor, upon proof thereof be-
fore a justice of the peace, shall forfeit his license, and
shall not again be capable of holding a license.
Penalty forseii- 31. If the husbaud, wife, parent, child, brother or sister,
atf *porsoM^af- master, guardian, or creditor of any person addicted to the
ter notice. intemperate usc of intoxicating liquors, or any justice of
the peace or overseer of the poor residing within the poor
district wherein such intemperate person resides, shall give
notice in writing to any person engaged in the sale of in-
toxicating liquors that such person is addicted to the
intemperate use of intoxicating liquors, it shall not there-
after be lawful, under any pretence whatever, for the person-
receiving such notice by himself, his servants or agents,
directly or indirectly, to sell or give any intoxicating liquors"
to such intemperate persons to be used on the premises, or
in any quantity less than ten gallons, to be delivered and
removed from the premises at one time, and any person
knowingly violating the provisions of this section, upon
proof of the truth of the statement contained in such
notice, shall be liable to a fine of not more than five pounds
for a first offence, and a fine of not less than five pounds,
nor more than ten pounds, and imprisonment for a period
of not more than thirty days, as the court or justices may
direct, for a second or subsequent offence,
statement that 32. In any suit instituted for a breach of the provisions
not in'^origi^ai of this chapter, it shall not be necessary to state in the sum-
SotneSafryin mons that the liquor sold was not contained in the original
summons. package in which it was imported, or that the same was sold
without license or in quantities less than ten gallons ; but
the defendant, if claiming to be exempted by the operation
Maybesetupas of such exceptions, may set up the same as ar defence, in
a defence. -(^^ich case the burthen of proof shall be thrown upon such
No particulars defendant, and it shall not be necessary to attach particulars
required. ^q ^j^q summons as in the case of ordinary civil suits, or to
TITLE III.] LICENSES SALE INTOXICATING LIQUORS. 77
specify the particular kind of liquors sold ; but in all cases Chap. 22.
it shall be sufficient in the summons to charge the party "
accused with having sold intoxicating liquors contrary to
law.
33. In any such suit, in case it shall be alleged in the incase of proof
summons that the sale complained of was made to a person sons not named
therein named, and on-the trial the prosecutor shall fail to suit nXdefeat-
prove such charge, but proof shall be given of a sale to ^'^■
another person, the suit shall not thereby be defeated, but
the justices shall adjudicate upon the offence so proved as
if the same had been alleged in the summons, but- in such
case the defendant upon application shall be entitled to a J^^conttauanw!
continuance of not more than eight days to make his de-
fence, and the prosecutor shall not be obliged again to
prove his case, although if he choose he may bring addi-
tional proof in support of the prosecution, as well as proof
to rebut the defence.
34. No person imprisoned under execution issued upon fo®n|™no'"fni;"
any judgment for a breach of this chapter, shall be entitled titled to jaii
to jail limits or to the benefit of chapter 137, " of the relief b™efii of'cap.
of insolvent debtors," until he shall have been imprisoned, ^^''•
if for the first ofience twenty-five days ; for the second
offence thirty-five days, and for the third offence forty-five
days.
35,. Prosecutions for offences against this chapter, or ^^j'^*g^'"° °^
suits brought on any appeal bond, shall be commenced
within six months, and the clerk of the peace or any pri- , ^. ,
. ',. ,. ^ , iiT Action on ap-
vate .prosecutor may brmg an action on such appeal bond, peaibond.
without special leave obtained therefor.
36. In case the constable or officer to whom a summons service of sum-
is delivered to be served, shall not be able to affect a per- mffloient.'^
sonal service, it shall be a sufficient service of the same to
leave it at the dwelling house of the defendant,, provided Proviso.
that the officer makes an affidavit that he believes that the
defendant concealed himself, or in any way endeavored to
escape service of such summons.
* SCHEDULE.
A.
County of
License office. Tavern License.
License is hereby granted to , of , in the
county of ■- — , to sell and retail in a tavern, to be kept
in the house in which he dwells, situate [here describe par-
ticularly the situation of the premises,'] intoxicating liquors
conformably to law.
This license to remain in force until the end of the next
sessions to be held in such county, subject to for-
feiture for breach of the law.
78 LICENSES SALE INTOXICATING LIQUORS. [PART I.
Chap. 22.- Given under my hand as clerk of the licenses for the said
county, this day of , A. D. 18 — .
A. B., 'clerk of the licenses.
By order of the sessions, security having been given as
required by law.
C. D., clerk of the peace.
County of
License office. Shop license.
License is hereby granted to , of , in the
county pf , to sell in a shop to be kept in the build-
ing occupfed by him, situate [here describe particularly the.
situation of the premises^ intoxicating liquors in quantities
not less than one gallon, but no part whereof shall be con-
sumed on the premises.
This hcense to remain in force until the end of the next
sessions, to be held in such county, subject to for-
feiture for breach of the law.
Given under my hand as clerk of the licenses for the said
county this day of , A. D. 18 — .
A. B., clerk of the licences.
By order of the sessions, security having been given
according to law.
C. D., clerk of the peace.
County of —
License office. General license.
"Whereas a tavern license dated the day of
in the year 18 — , has been granted unto ■ of -
in the county of ; and whereas the sessions for such
county have also ordered a general license to be granted to
the said , license is hereby granted to bim to vend
goods in his tavern during the continuance of his tavern
license.
Given under my hand as clerk of the licenses for the said
county, this ■ — ■ — day of , A. D. 18 — .
A. B., clerk of*the licenses.
By order of the sessions.
C. D., clerk of the peace.
County of
License office. General license.
Whereas a shop license dated the day of ,
A. D. 18 — , has been granted unto , of , in the
county of ; and whereas the sessions for such county
have also ordered a general license to be granted to the
said , license is hereby granted to him during the
continuance of his shop license, to sell by retail any quan-
tity ol intoxicating liquors, to be used in the shop in such
shop license described.
titlt; m.] licenes sale intoxicating liquors. 79
Given under my hand as clerk of licenses for said county. Chap 22
this day of , A. D. 18— . — -
A. B., clerk of licenses.
Bv order of the sessions.
CD., clerk of the peace.
B.
Know all men by these presents that we,
. are held and firmly bound unto our sovereign lady queen
Victoria, her heirs and sucessors, in the sum of fifty peunds
of lawful money of Nova Scotia, to which payment we
jointly and severally bind ourselves, our heirs, executors
and administrators, by these presents, sealed with our seals,
and dated the day of ^ — , A. D. 18 — -.
Whereas the above bounden , has been granted a
license for the sale by retail of intoxicating liquors in the
tavern [or in the shop] kept by the said , in .
Now the condition of this obligation is such, that if the said
shall in all respects conform to the laws in force
respecting the retail of intoxicating liquors and connected
with such license, then this obligation to be void, otherwise
to remain in full force and effect.
Signed, sealed and deli- ]
vered in the presence V (L. S.)
of . j
To any of the constables of
You are hereby commanded to summon A. B. of ,
in the county of ■ , to appear before us at , on
the day of , to answer to the suit of C. D., clerk
of the license for the county of , [if the suit ie
brought in his name,] for selling intoxicating liquors to
within previous to the issuing hereof, contrary to
law.
. Witness our hands and seals at , the day of
-, A. D. 18—.
E. F., J. P. (L. S.)
G. H., J. P. (L. S.)
D.
The within named defendant having been duly summoned
as mentioned in the annexed writ of summons, was this day
convicted of the offence of violating the license laws, by
selling intoxicating liquors without license to upon
his own confession, [or upon default, or upon the oath of Q.
H., as the case may ie, stating the manner of the party's co7i-
viction, and the names of the witnesses who may have been exa-
mined.]
Witness our hands this day of , A. D., 18 — .
C. D., J. P.
E. F., J. P.
80 POST OFFICE. [PAET I.
Chap. 23. ' E.
Know all men by these presents that we
and are held and firmly bound unto her majesty
queen Victoria, her hiers and succfessors, in the sum of
pounds, of lawful money of Nova Scotia, to which payment
we jointly and severally bind ourselves, our hiers, executors,
and administrators, by these presents. Sealed with our
seals, and dated the day of , A. D., 18- — .
The condition of the foregoing obligation is such, that if
the above bounden {^joartp convicted] shall prosecute an ap-
peal from the judgment given against him for a violation of
the license laws by — -^ — a justice [or Justices'] of the peace
for the county of- , on the day of , and
shall pay aU fines, penalties and costs, that may be awarded
against him upon the final disposition of such suit ; and also
if the said shall not, during the pendency of such ap-
peal, violate any provisions of the laws respecting licences
for the sale of intoxicating liquors, then this obligation to
be void, otherwise to remain in full force and virtue.
Signed, sealed and deli- )
vered in the presence >- (L. S.)
of . )
TITLE lY.
CHAPTER 23.
OF THE POST OFFICE.
Thegorernorin 1. The exclusivc right of establishing posts, and of con-
ooSti"! of thJ^ veying and delivering letters and collecting postage within
poat office. the province, and the power and authority heretofore vested
in the lords of her majesty's treasury by virtue of the acts
of the imperial parliament passed in such behalf to order
and establish rates of postage herein, are hereby vested in
the governor and council.
2?unlumaTap°- 2- The governor in council may establish, alter, discon-
ff^uoSLh *^""'® °^ extend any posts or post communication, or post
posts. offices, and may appoint, suspend or remove the postmaster
general, and ■ all or any postmasters, officers, deputies,
agents and servants coneoted therewith.
neraTInd de^ ^' '^'^^ postmaster general shall give bond in the sum of
?:
uties to giTe One thousand pounds, with two sureties in the sum of five
onda. hundred pounds each ; and deputy postmasters shall give
bond in such sum and with such sureties as may be directed
by the governor in council.
TITLE IV.] POST OFFICE. 81
4. The governor in council may make such orders in Chap. 23.
conformity with this chapter as may be necessary for carry- GoTsmor in
ing out the same and promotine: the objects thereof, and for council empow-
avoidmg as lar as practicable the transmission ol mails on orders.
the sabbath, and all such orders shall be valid as if in this
chapter contained ; but no higher penalty than one hundred
pounds shall be imposed by any such order in council for
the violation thereof.
5. Every such order in council shall be published in the Orders to be
royal gazette and the rates of postage then established fazettef'and
shall be demanded and taken immediately after such publi- jeiisiature
cation ; and every such order, within eight days after it is °
made, shall be laid before the legislature if then sitting, or
otherwise within fourteen days after it shall meet.
6. In conformity with the agreements jnade between the Rates of post-
local governments of British North America, the provincial ifted!""' '^°^^"
postage on letters and packets, not being newspapers or
printed pamphlets, magazines or books, entitled to pass at
the lower rates hereinafter referred to, shall not exceed the
rate of three pence currency per half ounce for any dis-
tance within the province ; and the increase of charge on
letters weighing over half an ounce shall be regulated
according to the British rule and scale of weights. No transit
postage shall be charged on any letter or packet passing
through the province tp any other colony in British North
America unless it be posted in this province and the sender
choose to prepay it, nor any letter nor packet from any
such colony if prepaid there ; and the rate of two pence
sterling the half ounce shall remain in operation as regards
letters by British mails, to be extended to countries having
postal communication with the United Kingdom, unless her
majesty's government shall see fit to alter the rate thereon
to be charged to three pence currency.
7. The prepayment of provincial postage shall be option- Prepaymentop-
al to the sender.
8. All provincial postage received within this province Postage retain-
shall be retained as belonging to it ; and all provincial post- TedT'^^™ "'^''
■age received within any other of the British North Ameri-
can colonies may be retained as belonging. to such colony.
9. The British packet postage and other British postage British and
collected in this province, shall be accoTinted for and paid Eowdisposedot
over to the proper authorities in the United Kingdom; but
the colonial postage on the same letters or packets shall
belong to the colony collecting it ; or if prepaid to the
^British post office, it shall be credited and belong to the
colony to which such letters or packets are addressed.
10. No privilege of franking shall be allowed as regards Franking aboi-
provincial postagOi '* ^ "
11. Provincial stamps for the prepayment of postage stamps provi-
may be prepared, issued and sold, under the orders of the
governor in council ; and such stamps prepared, issued and
82 POST OFFICE. [PART I.
Chap. 23. sold, under the direction of the proper authorities in the
~ — other British North American colonies, shall be allowed in
this province ae evidence of the prepayment of provincial
postage in such colonies respectively on the letters or
packets to which they are affixed.
Newspaperpos- 12. All newspapers, whether published in this province
tage abolished. ^^ ygg^here, shall pass through the post offices in this pro-
vince free of charge.
Booiisandpam- 13. Printed books, periodical publications and pamph-
SnJreaSedf lets, may be transmitted by post within this province at the
rate of two pence per ounce up to six ounces m weight,
and three pence for each additional ounce up to sixteen
ounces, beyond which weight no printed books, puMication
or pamphlet shall be transmitted by post ; but the governor
in. council may, by order, alter, modify and reduce the rates
of postage on such printed books, periodical publications or
pamphlets.
Packet postage 14. The packet postage for letters shall be one shilling
IppMtionel s.terling the half ounce, ten pence of which shall belong to
the English post office, and two pence to the Nova Scotia
office.
Pacicet postage 15. All Hionies received on account of packet postage
Fyl'^ot'her'post: to and from the United Kingdom shall be carried to a separ-
age tiuarteriy. ate account by the postmaster- general, and the same shaH
be remitted by the governor not less than twice in every
year to the postmaster general in England ; and all other
monies received by the postmaster general in this province
shall be paid by him at the end of every quarter to the
receiver general ; and he shall also return to the office of
the financial secretary, at the end of every quarter, a quar-
terly account of the whole revenue received by him.
Express mails; 16- The rate of remuneration for the transport of British
expense of to be' mails by cxprcss through this province to or from New
ment.""* "^'^^ Brunswick, Canada and Prince Edward Island shall be paid
from time to time by agreement to be made between the
government of this province and the other provinces or
governments concerned.
Agreementmay 1"^- If it shaU appear to the local governments or pro-
be modified, per authorities of the other provinces and of the United
Kingdom, and to the governor in council, that the foregoing
conditions and provisions are not in accordance with the
arrangements so made or agreed upon with the other
colonies, then the governor in council may alter and modify
such conditions and provisions so as to carry out and com-
plete such arrangement.
Government or 18. All papers Ordered to be printed by either house of
printed pa^er^ parliament or by her majesty's command, or by the legisla-
ti'oe of postage, ^jyg council ov houseof assembly of this province, or by
virtue of an address of the legislative council or assembly,
shall be transmitted by post within this province free, of
postage.
TITLE IV.] POST OFFICE. 83
19. No printed paper, whether newspaper, book, pamph- Chap. 23,
let, or other paper, permitted by this chapter to be sent by conditions to be
post, shall be transmitted either free or at a reduced rate of observed in for-
postage unless the following conditions shall be observed : tedVap^eS'"^'
first, — it shall be sent without a cover, or in a cover open
at the sides or ends ; second, — there shall be no words or
communication printed on the paper after its publication,
or upon the cover thereof, nor any writing or marks upon
it, or upon the cover of it, except the name and address of
the sender, and of the person to whom it is sent ; third, —
there shall be no paper or thing enclosed in or with any
such paper or publication.
20. The postmaster general or any of his officers may J^e'ter postage
examine any printed paper or packet which shall be sent by condluonsVot
the post, either without or with a cover, open at the sides '^o^piifi'iwith.
or ends, in order to discover whether it is contrary in any
respect to the conditions hereby required to be observed ;
and in any case if the required conditions be not fulfilled,
the whole of every such paper shall be charged with postage
as a letter ; and as to every such printed paper going out of
the province, the postmaster general may either detain the
same or forward it by post charged with letter postage.
21. In all cases where a question shall arise whether a Questions of ,
printed paper is entitled to the privileges of a newspaper fedplper^fhow
or other publication as regards its transmission by post ^^''^°-^°-
under this chapter, the question shall be referred to the
postmaster general, whose decision, with the concurrence
of the governor in council, shall be final.
22. If any printed newspaper or other printed paper Removal ofpar-
privileged to go by post and brought into this province for forwarding
shall be directed to a person who shall have removed from gSoases? '"
the place to which it is directed before the delivery thereof
at that place, it may, provided it shall not have been opened,
be redirected and forwarded by post to such person at any
other- place within this province free of charge for such
extra conveyance ; but if such newspaper or other printed
paper shall have been opened, it shall be charged with the
rate of a single letter from thB place of redirection to the
place at which it shall be ultimately delivered.
23. For encouraging masters of vessels, not being post ship postage at
m 1 J. X 1 J. 1 j.1. p 1 ix 1, lowed masters
onice packets, to undertake the conveyance oi letters be- of private ves-
tween places beyond the British North American colonies 0^6™°°"^*™
and this province, and for regulating the conveyance and
deHvering-of such letters, the postmaster general may
allow to the masters one penny half-penny for eaeh letter
they shall deliver to the po^t office at the' first port they
touch or arrive at in this province, or with which they shall
communicate when inward bound ; and if from unforseen
circumstances the master cannot, upon delivering his let^
ters at an outport, receive the money to which he is entitled,
he shall be paid by means of an order on the postmaster
6
8,4 POST OFFICE. [PAET I.
Chap. 23. general at such other place as may be convenient ; and
every master of a yessel inward bound shall, at the port or
place of arrival, sign a declaration in the presence of the
person authorized to take the same at such port or place,
who shall also sigti the same,' and the declaration shall be in
the form or to the effect following :
" I, A, B., commander [state the name of the ship or vessel],
arrived from [state the place], do, as required by the post
office laws, solemnly declare that I have, to the best of my
knowledge and belief, delivered, or caused to be delivered,
at the post office, every letter, letter bag, package or parcel
of letters that was on board the [state the name of the ship]
except such letters as are exempted by such laws."
Skip letters i 24. No officer of the colonial revenue shall permit such
Sow securedf^' vessel to enter or report until such declaration shall be
made and produced, and no vessel shall be permitted to
break bulk or make entry in this province until all letters
on board the same shall be delivered at the post office,
where posts may be established, except such letters as are
exempted by this chapter, and also except all such letters
as shall be brought by a vessel liable to the performance of
quarantine, all which last mentioned letters shall be deli-
vered by the persons having possession thereof to the
persons appointed to superintend the quarantine, that all
proper precautions may be by them taken before the
delivery thereof; and when due care has been had therein*,
such letters shall be by them despatched in the usual man-
ner by post, and the officers of the colonial revenue at
every port or place in this province shall search every ves-
sel for letters which may be on board contrary to this
chapter, and may seize all such letters and forward them to
the nearest post office, and the officer who shall so seize
and send them shall be entitled to a moiety of the penalties
which may be recovered for any such offence ; and the
postmaster general may appoint agents to demand from the
masters of vessels arriving in .this province all letters on
board the same and not exempted by this chapter ; and the
master of any such vessel shall forthwith deliver all letters
on board to such person on his demanding the same.
Wayoffices,how 25. The postmaster general, with the approbation of
the governor in council, may establish way offices over and
above the regular post offices, and every person employed
at a way office shall be liable to all the penalties imposed
by this chapter on postmasters and other officers of the
post office.
Extension of 26. The postmaster general, with the Concurrence of the
S^^onThow" governor in council, may enter into an agreement with, and
providedfor. take Security from, any person applying to him to extend
the accommodations of the post to any place, for indemni-
fying the revenue against the expenses which shall be in-
curred thereby beyond the amount of, postages received.
TITLE IV.] rOST OFFICE. 35
' 27. The governor in council may enter into arrange- Chap. 23.
ments or conventional agreements with any other of the coioniaiandfo-
North American colonies, or with any foreign country, for >eign newspa-
,, , . . J" 1 ■ 1 i- ". ° ■ ii pers; transmis-
the transmission oi colonial or toreign newspapers, or other sion of how pro-
printed papers within or through this province upon such ^' ^ ^'"''
terms and conditions as shall be reas'onable, and may carry
out such arrangements or conventional agreements by
orders in council duly published as herein directed.
28. The postage marks, whether British, foreign, or colo- l"?^^^^ marks;
nial, on any' letter brought into this province, shall in all
courts of justice, and elsewhere, be received as conclusive
evidence of the amount of British, foreign, or colonial
postage, payable in respect of such letter, in addition to
any other postage chargeable thereon, and all such postage
shall be recoverable in this province as postage due to her
majesty.
29. No postmaster general nor any officer of the post "(ffrom^ ubiil"
office throughout the province, nor any courier, shall be duty,
compelled to serve on any jury or inquest, or in the militia,
or as a town or city officer.
30. If any person employed to convey or deliver a post Misconduct,
"^ iio"w Tiiimsliptl
letter-bag or a post letter, shall, whilst so employed, or
whilst the same be in his custody or possession, leave a
post letter-bag or a post letter, or if anj' such person shall
be guilty of aiinact of drunkenness or of negligence, or other
misconduct, whereby the safety of a post letter-bag or a
post letter shall be endangered, or shall collect, receive,
convey or deliver a letter otherwise than in the ordinary
course of the post, or shall give any false information of an
attempt at robbery upon him, or shall loiter on the road or
passage, or wilfully mis-spend his time so as to delay the
progress or arrival of a post letter-bag, or a post letter,
or shall not use proper care and diligence safely to convey
a post letter-bag or a post letter at the rate of speed ap-
pointed by and according to the regulations of the post •
office for the time being, he shall forfeit ten pounds.
31. No person in the employ of the post office, travel- Ferriage free.
ling with a mail, shall pay for passing or repassing a ferry;
but the ferryman at every such ferry shall forthwith convey
over such person travelling with a mail without payment for
the same on pain of forfeiting for every offence five pounds.
32. Whoever shall abet or procure the commission of an Abettors of of- ,
re 1 • T • 1 j_i • 1 J. -Ill fences punished
oiience which is by this chapter punishable on summary as principals.
conviction, shall be liable to the same forfeiture or punish-
ment to which a principal offender is by this chapter made
liable.
■ 33. Siibject always to the provisions and regulations ^f^|r^'(['jf„ir
hereinbefore contained, the postmaster general shall have by mail-, eieep
the exclusive privilege of conveying, receiving, collecting, "'°^'
sending and delivering letters within this i^rovince ; and any
^•"■rson who shall, except in the cases hereinafter excepted,
86 POST OFricE. [part i.
Chap. 23. collect, send, convey or deliver, or undertake to convey or
deliver any letter within this province, or who shall receive
or have in his possession any letter for the purpose of con-
veying or delivering it otherwise than in conformity with
this chapter, shall for every letter so unlawfully conveyed
or undertaken to be conveyed, received, delivered or found
in his possession, incur a penalty of five shillings, but such
exclusive privilege, prohibition and penalty shall not apply
to—
Letters sent by private individuals to be mailed in the first
way or post office :
Letters sent by a messenger on purpose, concerning the
private afiairs of the sender or receiver :
Letters addressed to a place out of the province and sent
by sea and by a private vessel not being a packet boat :
Letters lawfully brought into this province and immedi-
ately posted at the nearest post office :
Letters of merchants owners of merchant vessels, or of the
cargo, or loading therein, sent by such vessels or by any
person employed by such owners for the carriage of such
letters according to their respective addresses, and delivered
to the persons to whom they are respectively addressed,
without pay or advantage for so doing :
Letters concerning goods sent by common known car-
riers to be delivered with the goods to which such letters
relate, without reward or advantage for receiving or de-
livering them :
Provided that nothing herein contained shall authorise
any person to collect any such excepted letters for the pur-
pose of conveying or sending them as hereinbefore men-
tioned, and that way letters prepaid may be delivered by the
officer to the courier to be dropped along the route at con-
venient places ; and provided also, that nothing in this
chapter shall oblige any person to send any pamphlet,
. printed book or newspaper by post.
Letterssent 34. It shall be lawfal for any person, and it shall be the
by SairseizT duty of the officer or person employed in the post office, or
in the collection of the revenue, to seize any letters con-
veyed, received, collected, sent or delivered in contraven-
tion of this chapter, and to take them to the nearest post
office, and to give such information as he may be able to
give to the postmaster for the effectual prosecution of the
offender ; and the letters moreover shall be charged with
letter postage.
wtfoSFanZto ^^" -^^ ^^^^ *^® colonial, British or foreign, as the pro-
vrbom payable, vincial postage. On any letter or packet, shall, if not prepaid,
be payable to the postmaster general by the party to whom
the same shall be addressed, or who may lawfully receive
such letter or packet ; and any refusal or neglect to pay
such postage shall* be held to be a refusal to receive such
letter or packet, which shall be detained and dealt with
TITLE rv.] POST OFFICE. 87
accordingly; but if the same be delivered, the .postage on Chap. 23.
it shall be charged against and paid by the postmaster
delivering it, saving his right to recover it from the party
by whom it was due as money paid for such party. . And if
any letter or packet be refused, or if the party to whom it
is addressed cannot be found, then such postage shall be
recoverable by the postmaster general from the sender of
such letter or packet; and the postage marked on any
letter or packet shall be held to be the true postage due
thereon, and the party signing or addressing it shall be
held to be tke sender until the contrary be shewn ; and all
postage may be recovered with costs by civil action in any
court having jurisdiction to the amount.
36. Subject to the provisions of this chapter and to the Powers and du-
orders made under it, and the instructions he may receive mMta-^geoeraL
from the governor, the postmaster shall have power to open
and close post offices and mail routes, to suspend any post-
master or other office^ or servant of the department, until
the pleasure of the governor be known, and to appoint a
person to act in the meantime in the place of such officer
or servant ; to enter into and enforce all contracts relating
to the conveyance of the mail, the local accommodation
of the department and other matters connected with the
business thereof, and to make rules and orders for the
conduct of and management of the, business and affairs of
the department and for the guidance and government of the
officers and servants thereof in the performance of their
duties ; to sue for all sums due for postages or penalties
Tinder this chapter, or by any postmaster, officer or servant
of the department, or his sureties ; and all such powers
maybe lawfully exercised by him, or by any postmaster,
officer, servant or party whom he shall depute to exercise
the same, or whose act in that behalf he shall approve, con-
firm or adopt ; and every officer, servant or party, employ-
ed in the post office shall, as regards the duties attached to
the office held by him, be deemed the deputy of such post-
master general And all suits, proceedings, contracts and
official acts to be brought, had, entered into and done by the
postmaster general, may be so in and by his name of office,
and may be continued, enforced and completed by his suc-
cessor in office as effectually as by himself ; nor shall the
appointment or authority of any postmaster general, or of
any postmaster, officer or servant of the post office, be liable *
to be traversed or called in question in any case except only
by those who act for the crown.
37. In every case in which any seaman in her majesty's soMiers' and
navj^, sergeant, corporal, drummer, trumpeter, fifer, or pri- pririiTged!"^"^^
vate soldier in her majesty's service, or in the service of
the East India company, shall be entitled to receive or send
letters on the payment of a certain sum and no more, in
place of all British postage thereon, the payment of such
88
POST L/i-xi^
[PAET Iv
Chap. 23.
Property in let-
ters, in whom
vested.
Lost letters ;
postmaster ge-
neral not liable
for, excej)t
wliere his own
default.
Oflfences enume-
rated and defi-
ned, and pun-
ishment pre-
scribed.
sum shall likewise free such letter from all provincial post-
age thereon, and the governor in council may make orders
for giving effect to this section.
38. Prom the time any letter, packet, chattel, money or
thing shall be deposited in the post office for the purpose
of being sent by post, it shall cease to be the property of
the sender, and shall be the property of the party to whom
it is addressed, or the legal representatives of such party.
39. The postmaster general shall not be liable to any
party for the loss of any letter or packet sent by post, unless
such loss shall have arisen from his own default.
40. To steal, embezzle, secrete or destroy any post
letter shall be felony, punishable in the discretion of the
court by imprisonment for not less than three nor more than
fourteen years ; unless such post letter shall contain any
chattel, money, or valuable security ; in which case the
offence shall be punishable by imprisonment for life, or for
a period not less than five years.
To steal from or out of a post letter any chattel, mon j,
or valuable security, shall be felony, punishable by imprisoi-
ment for life or for a period not less than five years.
To steal a post letter-bag, or a post letter from a post
letter-bag, or a post letter from any post office, or from any
way office, or from a mail, or to stop a mail with intent to
rob or search the same, shall be felony, punishable by im-
prisonment for life, or for a period not less than five years.
To open unlawfully any post letter-bag, or unlawfully to
take any letter out of such bag shall be felony, punishable
by imprisonment for not less than one nor more than four-
teen years.
To receive any post letter, or post letter-bag, or any
chattel, money, or valuable security, the stealing, taking,
secreting, or embezzling whereof is hereby made felony,
knowing the same to have been feloniously stolen, taken,
secreted, or embezzled, shall be felony, punishable by im-
prisonment for not more than five years, and the offender
may be indicted either as an accessory after the fact or for
a substantive felony, and in the latter case, whether the
principal felon hath or hath not been previously convicted,
or shall not be amenable to justice, and however such re-
ceiver shall be convicted, the offence shall be punishable as
hereinbefore mentioned.
To forge, counterfeit, or imitate any postage stamp issued
or used under the authority of this chapter, or by or under
the authority of the government, or proper authority of the
United Kingdom, or of any British possession, or of any
foreign country, or knowingly to use any such forged,
counterfeit, or imitated stamp, or to engrave, cut or sink,
or make any plate, die, or other thing, whereby to forge,
counterfeit, or imitate such stamp, or any part or portion
thereof, except by the permission in writing of the post-
TTfjuJ?; IV.J POST OFFICE. 89
master general, or of some officer or person who, under the Chap. 23.
orders to be made in that behalf, may lawfully grant such ■
permission, or to have possession of any such die, plate, or
other thing, without such permission, or to forge, counter-
feit, or unlawfully imitate, use, or affix to or upon any letter
or packet, any stamp, signature, initials, or other mark or
sign, purporting that such letter or packet ought to pass
free of postage, or at a lower rate of postage, or that the
postage thereon, or any part thereof, hath been prepaid, or
ought to be paid by or charged to any person or depart-
ment, shall be felony, punishable by imprisonment for life,
or for a period not less than five years.
To open unlawfully, or wilfully to keep, secrete, delay, or
detain or procure, or suffer to be unlawfully opened, kept,
secreted or detained, any post letter-bag, or any post letter,
or after payment or tender of the postage thereon, if pay-
able to the party having possession of the same to neglect
or refuse to deliver up any post letter to the person to
whom it shall be addressed, or who shall be legally entitled
to receive the same, shall be a misdemeanor.
To steal, or for any purpose to embezzle, secrete, destroy,
wilfully detain or delay any printed vote or proceeding,
newspaper, printed paper or book, sent by post, shall be a
misdemeanor.
To obstruct or wilfully delay the passing or progress of
any mail', or of any animal or carriage employed in convey-
ing any mail on any public highway, shall be a misde-
meanor.
To endeavor to procure any person to commit any act
hereby made or declared a felony or misdemeanor, shall
be a misdemeanor.
Every misdemeanor hereunder shall be punishable by fine
or imprisonment, or both, in the discretion of the court be-
fore whom the offender shall be convicted.
' Every principal in the second degree, and every accessory
before or after the fact to any felony hereunder, shall be
guilty of felony, and punishable as the principal in the first
degree ; and every person who shall abet or procure the
commission of any such misdemeanor, shall be guilty of a
misdemeanor and punishable as a principal offender.
Any imprisonment awarded under this chapter shall be in
the provincial penitentiary, if for a term of or exceeding
one year ; and if the imprisonment awarded be for a less
term, it may be with or without hard labor in the discretion
of the court awarding it.
41. Any indictable offence against this chapter may be offenders how
dealt with, indicted and tried, and punished and laid, and ^^°^'"'^
charged to have been committed, either in the county or
place where the offence shall be committed, or in that in
which the offender shall be apprehended or be in custody as
if actually committed therein ; and where the offence shall
90
POST OFFICE.
[PAET I.
Chap. 23. be committed in, upon, or in respect of a mail, or upon a
person engaged in the conveyance or delivery of a post
letter-bag or post letter, or chattel or money, or valuable
security, sent by post, such offence may be dealt with and
inquired of, tried and punished, and charged to have been
committed, as well within the county or place in which the
offender shall be apprehended or be in custody as in any
county or place through any part whereof such mail, per-
son, post letter-bag, post letter, chattel, money or valuable
security shall have passed in the course of conveyance and
delivery by the post, in the same manner as if it had
been actually committed in such county or place ; and in
all cases where the side or centre, or other part of a high-
way, or the side bank, centre or other part of a river or
canal, or navigable water, shall constitute the boundary
between two counties or places, then to pass along the same,
shaU be held to be a passing through both; and every
accessory before or after the fact, if the offence be felony,
and every person abetting or procuring the commission of
any offence, if the same be a misdemeanor, may be dealt
with, indicted, tried and punished as if he were a principal,
and his offence may be laid and charged to have been com-
mitted in any county or place where the principal offence
may be tried.
in. In every case where an offence shall be committed in
respect of a post letter-bag or a post letter, packet, chattel,
money or valuable security, sent by post, it shall be lawful
to lay in the indictment the property of such post letter-
bag, post letter, packet, chattel, money or valuable security,
sent by post, in the postmaster general ; and it shall not be
necessary to allege in the indictment, or to prove upon the
-trial or otherwise, that the post letter-bag, post letter, packet,
-chattel or valuable security was of any value ; but except
in the cases hereinbefore mentioned, the property of any
chattel or thing used or employed in the service of the
provincial post office, or of the monies arising from the
duties of postage, shall be laid in her majesty, if the same
be the property of her majesty, or if the loss thereof would
be borne by the province and not by any party in his private
capacity, and in any indictment against a person employed
in the post office for an offence against this chapter, or in
any indictment against a person for an offence committed in
respect of some person so employed, it shall be sufficient
^0 allege that such offender or other person was employed
in the post office at the time of the commission of the
offence, without stating further the nature or particulars of
his employment.
43. The postmaster general, subject always to the orders
of the governor in council, may compromise and compound
any suit or information which shall be commenced by his
authority or under his control against any person for recover-
Property, in
whom and how
laid ; other al-
legations-
Suits may bs
Gcmponnded.
TITLE iV.] POST OFFICE. 9.J
ing a penalty incurred under this chapter on such terms and Chap. 23.
conditions as he shall in his discretion think proper, with " '
full power to him or any of the officers and persons acting
under his orders to accept the penalty incurred or alleged
to be incurred, or any part thereof, without suit or informa-
tion brought for the recovery thereof.
44. AU mere pecuniary penalties imposed by this chapter, Pecuniary pen-
or by any order of the governor in council made under this covmedniS^
chapter, shall be recoverable with costs by the postmaster <»'ionofao'ion-
general, by civil action, in any court having jurisdiction to
the amount, and shall belong to the province, saving always
the power of the governor in council to allow any part or
the whole of such penalty to the officer or party by whose
information or intervention the same shall have been
recovered, but all such penalties shall be sued for within one
year after they are incurred, and not afterwards, provided
always, that if the penalty exceed twenty pounds the
offender may be indicted for a misdemeanor in contravening
the provisions of this chapter or of the regulations made
under it, instead of being sued for such penalty, and-if con-
victed shall be punished by fine or imprisonment, or both,
in the discretion of the court.
45. In any action or proceeding for the recovery of Competenoy of
postage, or of any penalty under this chapter, any post- den'ol proof"'"
master, or other officer or servant of the post office, shall be
a competent witness, although he may Ip entitled to or
entertain reasonable expectation of receiving some portion
or the whole of the sum to be recovered ; and the burden
of shewing that any thing- proved to have been done by the
defendant was done in conformity to or without contra-
vention of this chapter, shall be on the defendant.
46. The annual salary of the postmaster general for the fg*/ enOTai"*''
province of Nova Scotia shall be six hundred pounds cier^s^depaty
currency.
The salary of the first clerk of the post
office at Halifax, ^187
Of the second clerk, 125
Third clerk, 125
Fourth clerk, 125
Messenger at Halifax, 75
Deputy postmasters shall, until the last day of the next
session, receive and retain, in lieu of their services, twenty
per cent, on the amount of postage by them collected ; and
also the several sums now agreed to be paid to them for
extra labor and night work.
Way office keepers shall receive forty shillings a year in
full, and the practice of charging two pence on the receipt
or delivery of letters shall be discontinued.
47. The words " postmaster general" and " post office," Definition of
when used in this chapter, shall mean the provincial post-
master general and provincial post office, unless otherwise
expressed.
J.
postmasters,
and way office
keepers.
0
0
01
0
0
0
0
0
0
0
0
- CD.
a
82
Chap. 24.
PUBLIC BUILDINGS.
L--
TITLE Y.
OF PUBLIC BUILDINGS AND ESTABLISHMENTS.
Governor may
make regula-
tions relative to
provincial buil-
oings and esta-
blishments.
Power of com-
missioners.
Acts of commis-
sioners ratified.
Appropriation
of fand.
Appraisement.
CHAPTER 24.
OP THE COMMISSIONERS OF PUBLIC PEOPERTY.
1. The governor in council may make such regulations
for the sujjerintendence and management of the provincial
building, government house, provincial penitentiary, and
all other buildings and property belonging to the province,
with all the light houses, buoys and beacons erected, or to
be erected within this province, and of Sable Island, and
the Seal and Mud Islands, as may seem judicious ; provided
that no greater expense is incurred for such superintend-
ence and management than has been heretofore sanptioned
or granted by the legislature ; such regulations to be laid
before the legislative council and assembly, within ten days
of the opening of the next session after they shall be made,
and they shall be subject to the revision of the legislature.
2. The powers conferred upon the board of works by
the revised statutes may be, by order of the governor in
council, transferred, in whole or in part, to the commis-
sioners, or other authorities appointed to superintend and
manage such works respectively.
3. The acts done by the commissioners, or other persons
charged with the management of such establishments and
property, between the first day of September, in the year
one thousand eight hundred and fifty-one, and the making
of such regulations, and all advances made by the govern-
ment for the maintenance thereof, are hereby declared as
lawful as they would have been, had chapter twenty-four of
the revised statutes not been passed, and the acts by which
such establishments respectively were previously governed,
had continued in force.
. 4. Whenever any lands are required by the commis-
sioners or other authorities for the erection of any light
houses, beacons, or other erections for the protection of
navigation, and for roads leading thereto, and for buildings
and other necessary purposes connected therewith, the
commissioners or other authorities may forthwith appro-
priate the same to the public service, and the same shall be
vested in the public, in the same manner as in the case of
lands appropriated to the public service for great roads ;
and the lands required therefor shall be valued and appraised
in conformity with the provisions of chapter sixty-one,
" of laying out certain great roads"j the commissioners or
other authorities to make the agreement with the owners of Chap. 25.
the land, and if such agreement cannot be made, to appoint ~
two appraisers, and the owners of the land one ; which
appraisement shall be laid before the sessions, and con-
firmed and decided by them.
5. If the government shall deem any such valuation ex- Government
travagant, they may withhold payment of the amount, and new^appmise-
order a new appraisement and valuation, in any way they °'®°''
may direct.
CHAPTEH 25.
OP THE PENITENTIARY.
1. The provincial penitentiary shall be used as a prison Penitentiary a
for offenders, as hereinafter specified. pnson.
2. The penitentiary shall be absolutely vested in her Penitentiary
, vested m her
majesty. majesty.
3. If any officer on being dismissed shall not quit the Modoofremov-
.,,.■' T . '^ . n 1 -1 T ing dismissed
penitentiary, and give up possession oi any building or officers,
apartment belonging thereto within a period to be fixed by
the board of works, any justice of the peace shall, on appli-
cation of the board, by warrant direct the sheriff to remove
suoh person out of the penitentiary, or any building or
apartment belonging thereto, in like manner as upon a writ
of hahere facias possessionem.
4. The board shall have the same powers with respect Board may
to the penitentiary which the visiting justices of any prison management.
in England have, or so much thereof as the governor in
council may confer, and may hold meetings and make rules
for the government of the penitentiary, for the duties and
condupt of the principal keeper and other officers thereof,
and for the maintenance, employment, and discipline of the
convicts. No rules, or alteration or revocation of former
rules, shall be in force until approved by the governor in
council.
5. The board shall appoint one or more of their number Appointmentof
from time to time to visit the penitentiary, and may dele- powe'/s!'
gate to such visitors powers to make anj' order requisite in
cases of pressing emergency. Every such order shall be in
writing, and shall be reported, with the circumstances, to
the board, at their next meeting.
6. The board may contract for the clothing, diet, and Maintenance of
other necessaries for the maintenance of the convicts, and employment.""
for the implements or materials for any manufacture or trade
in which the convicts shall be employed, and may carry on
such manufactures or trade, and sell the goods manufac-
tured.
94 PENITENTIARY. [PABT 1,
Chap. 25. 7. The board shall, on or before the tenth day of January,
Report of the ^ ^ach year, and oftener if required by the governor in
bXri theiegis^ council, report to him in writing, under the hands of three
lature annually or Hiore of them, the State of the buildings, the behaviour
of the officers and of the convicts, the amount of the earn-
ings of the convicts, and the expense of the penitentiary,
and such other matters relating to the management of the
prison as they shall deem expedient, or as the governor in
council shall direct, and such report shall be laid before the
legislature within one month, if the general assembly be
then sitting ; if not, then within one month after its next
meeting.
ConTiots, how 8. The govemor may direct the removal to the peniten-
received tiary of any convict under sentence of the supreme court,
who, having been examined by a medical officer, shall appear
free from any putrid or infectious distemper, and fit to be
removed from the place of. his confinement. The person
having the custody of such convict shall, on the receipt of
the order of removal, convey him to the penitentiary, and
if, on examination by the medical officer there, he shall
appear fit to be admitted, shall deliver him into the custody
of the principal keeper, with an attested copy of the order
of the court, containing the sentence by virtue of which
such convict shall be in custody, and also a certificate
specifying such particulars concerning such convict as the
governor may direct. The principal keeper shall give a
receipt in writing to every such person for every convict
received into his custody ; and all reasonable expenses of
such removal shall be paid by the county in which the
offender shall have been convicted.
Conviets must 9. When any convict Ordered to be Confined in the peni'
caUxamina-^' tontiary shall be brought thither, he shall continue in the
tion. custody of the person who shall bring him until he has
been examined by the medical officer and ascertained to be
fit for admission into the penitentiary ; and if the medical
officer shall certify that he is not fit to be received there,
he shall be placed in some hospital.
Discharge of 10. No convict received into the custody of the prin-
sfokThow^TD- cipal keeper shall be discharged at the end or other deter-
duoted. mination of his term if he shall then labor under any acute
or dangerous distemper, unless at his own request ; and
when any such convict shall be finally discharged, such
clothing and assistance in money, or otherwise, as the board
shall judge proper, shall be given him.
Employ of con- 11.. The convicts may be employed in work at the peni-
rS.''"''/^^"' tentiary every day in the year except Sundays, Christmas
• ■ Day, Good Friday, and any day appointed for a general fast
or thanksgiving, so many hours, not exceeding twelve,
exclusive of the time allowed for meals and exercise, as the
board shall order, but they may by a written order allow
any convict at his own request to labor for a longer time..
TITLE v.] PENITENTIAET. §§
12. No person except the members of the board or Chap. 25.
sei-vants of the penitentiary, or persons authorised by the Admission of
rules made by the board, shall be allowed at any time to [^"1^°°^ restric-
enter any part of the penitentiary used by the prisoners, or
to converse or hold communication with them.
13. The principal keepelpor person under him, having Principal keep-
the custody of the convicts, shall, during the term for which ani re^spoS-
they shall be ordered to remain in custody, have the same ^"'^^•
powers over them as are incident to the office of sheriff or
jailer ; and in case of any misbehaviour or negligence in the
discharge of his office, shall be liable to the same punish-
ment to which a jailer is now liable.
14. If any convict shall assault the principal keeper, or Punishment of
any officer or servant employed in the penitentiary, the sauUs!** '^''^ "^
board may order him to be prosecuted therefor ; and, upon
conviction, he shall be imprisoned for any term not exceed-
ing two years, in addition to the term for which he was in
the first instance confined.
15. The governor may at any time order mj convict to incorrigible
be removed from the penitentiary as incorrigible, to any to'remoTaT.''^^
other prison or place of confinement in which he may be
lawfully imprisoned.
16. If any convict shall be found insane during his con- insane convicts,
finement, and be so reported by the board to the governor, "^ow treated.
he may, by warrant, order such convicts immediate removal
to such lunatic asylum as he may judge proper. Every
convict so removed shall remain under confinement in such
asylum until it shall be certified to the governor by two
physicians or surgeons, that such convict has become of
sound mind. If the term of his imprisonment shall not then
have expired, the governor may order that such convict
be remanded to the penitentiary ; if the period of his im-
prisonment shall have expired, he shall be discharged.
17. Every convict who, during the term of his imprison- Breaking pri-
ment in the penitentiary, shall break prison, or who, while ami other m'is-
being conveyed to prison, shall escape, shall be punished by punlsheii!"'^
an addition, not exceeding three years, to the term of his
imprisonment. If afterwards convicted of a second escape
or breach of prison, he shall be guilty of felony ; and every
convict who, during the term of his imprisonment, shall
attempt to break prison, or who shall forcibly break out of
his cell, or make any breach therein with intent to escape
therefrom, shall be punished, by an addition, not exceeding
twelve months, to the term of his imprisonment, by the
order and direction of the governor in council.
18. Any person rescuing a convict from the penitentiary Rescuing Con-
or from the person conveying him thither, or aiding in his OT^asststogfs-
rescue, shall be guilty of felony; and every person having ig'iP'f''"'"'^""'"
the charge of a convict, or employed as a keeper or assist-
ant, who shaU wilfully allow such convict to escape, or
assist him in an attempt to escape though no escape be
96
PENITENTIAEY.
[PART I.
Subordinate of-
ficers punish-
able for miscon-
duct.
Chap. 25. actually made, and any person attempting to rescue any
~ convict, or aiding in such attempt though no rescue be
actually made, shall be guilty of felony; . and every person
having such custody carelessly allowing any such convict
to escape, shall be guilty of a misdemeanor, and being con-
victed thereof shall be liable to fine or imprisonment, or to
both, at the discretion of the court.
19. Every officer or servant of the penitentiary bringing
or carrying out, or endeavoring to bring or carry out, or
allowing to be brought or carried out to or for any con-
vict, money or any article not allowed by the rules of the
penitentiary, shall be forthwith suspended by the principal
keeper, who shall report the offence to the board at their
next meeting, and the board shall enquire thereof upon
oath, which any one of them may administer, and upon proof
of the offence shall dismiss such officer or servant, and may,
if they think fit, cause the offender to be apprehended and
carried before a justice, who shall hear and determine any
such offence in a summary way ; and every officer or ser-
vant upon conviction of such offence before a justice, shall
be liable to a penalty not exceeding fifty pounds, or at the
discretion of the justice, to be imprisoned in tlje common
jail or penitentiary, there to be kept with or without hard
labor for any term not exceeding six months.
20. Every convict or person who shall commit any
offence mentioned herein, for which he is not liable to be
summarily convicted, may be tried before the supreme
court at Halifax or in the county in which he shall be taken ;
and in case of any prosecution for any such offence, a copy
properly attested of the order of commitment to prison,
with proof that the person in question is the same who was
delivered with such order, and the production of the regis-
ter of the prison shall be sufficient evidence of all the facts
entered in such register as to such convict without the pro-
duction of any other proof that such convict had been
convicted of felony and legally sentenced to imprisonment
in the penitentiaiy.
21. An account of the expenses of carrying these pro-
visions into execution, shall be annually laid before the
legislature, and after deducting therefrom any profits arising
from the earnings of the convicts the balance shall be pro-
vided for by such sums as may be granted by the assembly.
_ 22. _ All provisions of the legislature for protecting jus-
tices in the execution of their office, shall extend to the
board and the principal keeper of the penitentiary. '
23. All actions and prosecutions for anything done in
pursuance of these provisions, shall be laid and tried in the
county where the fact was committed, and shall be com-
menced within six months thereafter.
_ ,24. Any person convicted of felony under these pro-
visions, shall be liable to imprisonment in the penitentiary^
Convicts may
be tried in su-
preme court ;
register evi-
dence of its con-
tents.
Expenses of es-
tablishment,
how provided.
Protection of
board and Iceep-
Limitationof
actions.
Imprisonment
regulated and
limited.
TITLE T.] - SABLE ISLAND. — LIGHT HOUSES. 97
for a term not more than fourteen years nor less than one Chap. 26.
year, as the court shall award.
CHAPTER 26.
OP SABLE ISLAND AND THE LIGHT HOUSES.
1. Any. member of the board of works, or their super- Persons and
intendent, or the resident keeper, may apprehend any person "^niM&ilimi,
who may be found residing on Sable Island; having volun- tow disposed of.
tarily gone there for any purpose whatever without a
Ucense from the governor, describing such person and
authorizing him to reside thereon ; and may bring him and
all property found in his possession to Halifax ; and three
justices, upon proof that he was so found, may commit him
to jail for not more than six months, and further until he give
security for his future good behaviour, and whatever pro-
perty be found on the island belonging to any such offender,
if sufficient to pay the expense of the removal of such
offender and goods, shall by order of such justices be sold,
and the proceeds applied to that purpose, and the residue,
if any, returned to the owner ; but if it appear that such
property has been cast on the shore of the island, or pro-
cured from some wrecked or stranded vessel, it shall be
sold, and the proceeds, after payment of the expenses, paid
to the owner or his agent, or otherwise be paid into the
treasury for the right owner when discovered, who, upon
proof to the satisfaction of a judge of the supreme court
of his right thereto, shall receive the same.
2. The board may, from time to time, make rules for the Euies&rthero-
government of the island, and for regulating the duties of fs"ind"how ^^^
the resident keeper thereon, for administering relief to ship- ^^^''■
wrecked persons and their removal, preserving and removing
shipwrecked property, and preventing persons not autho-
rized by the governor from taking up their residence theredn,
and for the general management of the island.
3. Every member of the board, and also their superin- Members or the
tendant and resident keeper, shall have, in every respect aotas'justloes!^
upon Sable Island, and in relation to wrecks or wrecked
goods there and elsewhere, the same power and authority
as a justice of the peace.
4. When vessels or goods shall be stranded on Sable vesseis& goods
Island, or its bars or coasts, and they, or any part thereof, disposed' of.
shall be saved by any of the board, or their superintendant,
or any person under the authority of the board, they shall
be taken in charge by the superintendant or keeper and
sent to Halifax, to be disposed of by the board for the bene-
fit of the owners, after payment of salyage to the establish-
98
PUBLIC DOMAIN. — COAL MINES.
[part L
Chap. 27. ment on Sable Island, and all other expenses Incurred with
respect to them, unless the board shall give contrary orders
to the superintendant or keeper ; and all goods so saved
shall he held to be in the possession of the boardj and shall
not on any pretence be taken out of the custody of such
superintendant or keeper, or person, employed by either of
them, except by order of the board, nor until payment of
the salvage and expenses, and such goods shall be liable to
duties as if imported.
5. In all proceedings in any court, Sable Island shall be
held to be within the county of Halifax, and any person
charged with any criminal offence committed thereon, or on
its shores, banks, or bars, may be proceeded against and
tried as if the island were actually within the body of such
cotinty.
6. There shall be annually paid to her majesty, out of
the public revenues towards the support of the light houses
and humane establishments on the islands of Saint Paul and
Scatarie, so long as they shall continue in operation, such
sum of money as shall from time to time become payable
on the part of this province under the terms of an award
made on the sixteenth day of August, one thousand eight
hundred and thirty-six, at Miramichi, by commissioners or
arbitrators appointed' for that purpose by the provinces of
Lower Canada, New Brunswick, Nova Scotia and Prince
Edward Island, and the governor shall in each year draw
his warrant for such" sum in favor of the board of works.
Sable Island
within the
county of Hali-
fax.
Expenses of
light houses on
St. Paul's and
Scatarie, how
proTidett for.
TITLE VI.
OF THE MANAGEMENT AND REGULATION OF THE PUBLIC
DOMAIN.
^**y€f
yLt-^.e:^ J^"'
' /ff^^
/{ly. CHAPTER 27.
OF THE COAL MINE!
Proceedings
preparatory to
opening coal
mines on pri-
vate lands.
Part the First.
1. Whenever it shall be thought expedient by the govern-
ment to open and work any mines of coal within the lands
of any person for the purpose of raising and taking away
coal discovered within the same, the justices, in general or
special sessions, on applicati-on in writing by the party
authorised to open and work any such mines, shall cause
the clerk of the peace, in their presence, to draw the names
of twenty-four jurors out of the petty jury list then returned
TITLB VI.] COAL MINEa. 9^
to the supreme court of the county, who shall • be persons Chap. 27.
residing at least five miles from, and having no interest in, ' "
such lands, and nOt being of kin to the parties interested
therein, or to the persons applying for the opening and
working of such mines ; and the justices shall direct the
clerk to issue a precept in writing to the sheriff of the
county, with a list of the jurors so drawn annexed ; by
which precept the sheriff shall be commanded to summon
the persons named in such list to appear at some conveni-
ent place upon or near the said lands upon a certain day,
to be at least fourteen daj'^s after the issuing of the precept,
which shall be made returnable to the court of general
sessions for such county, to be held next after the day
appointed for the meeting of the jurors, and the clerk shall
make out and sign notices in writing of the issuing of such
precept, of the time and place of meeting, of the jurors, and
for what purpose, and upon whose application it issued; six
of such notices to be posted up^^in the most public places in
such county, and if the owner of the lands do not reside
within such county a notice shall be inserted in two of the
Halifax newspapers.
2. Upon the day appointed for the appearance of the i-ands to be laid
jurors, the sheriff shall call over the list, and of those in damages^asaes-
attendance the twelve who shall first answer to their names ^^'
shall be sworn as a jury to the faithful discharge of the
duties hereby required of them, and such jury shall proceed
to the place intended to be opened, and there lay out so
much of the lands as will be sufficient to sink a proper shaft
or pit to reach the veins of coal, and also so much as will
be sufficient for lodging and depositing whatever may be
raised from such mines, and whatever may be necessary to
bring to such mines, for the purpose of opening and work-
ing the same ; and the jury shall at the same time lay out
and mark so much of such laads adjoining such shaft or pit
as will be necessary to pass through for making a drain to
carry off the water from such mines, and also so much of
such lands as may be necessary to make a road or a way
from such mines to the nearest navigable sea water or pub-
lic highway. And such jury shall assess reasonable damages
to the owners and tenants of such lands, according to the
several interests therein, and as such owners or tenants
ought to receive for being deprived of the use of the lands
so laid off, and for injury done thereto, and for expenses
imposed upon them for making fences or ditches for the
purpose of separating the lands laid off from other parts of
their lands, and shall fix a reasonable annual rent for the use
of the lands so laid off.
3. A list of the names of such iury shall be annexed to Verdjet of jury
the precept, and the verdict or the jury nxmg such damages toads for rent
and rent, and to whom and at what time the same are to be
respectively paid, shall be entered at the foot of the list
7
100 COAL MINES, [past L
Chap. 27. and shall be signed hj all the jurors, and the precept, with
such list and the verdict of the jury annexed, shall be
returned as above mentioned ; and the court shall there-
upon confirm the same, and order the precept and verdict
of the jury to be filed, and shall make an order declaring
that so soon as the persons liable by the verdict shall pay
the damages therein, and shall enter into bonds,, with suffi-
ci&nt sureties to be" approved of by the sessions, to pay the
annual rent to the persons respectively to whom the same
is to be paid, such person shall be authorised to take pos-
session of the lands so set off, with power to hold the same
so long as they pay the stipulated annual rents.
The bondsto be 4. The bonds mentioned in the last section shall be made
queen ° person to the qucon for the payment of the annual rent assessed to
need not be^de- ^^^ person who may be from time to time entitled to the
signated. same, without designating such person by name,
to receive t™* ^' ^^^^ the right shall be in dispute, or the persons en-
ciamages, &o. is titled be Unknown or uncertain, the party to whom the lands
m dispute. gj^^^jj -^^ j^^j^ ^g- gj^^^jj ^^^ ^j^^ damages assessed to the county
treasurer, and the rent annually to such persons as the
court of sessions may determine ; such payment to the
county treasurer shall be equivalent to the payment herein-
before directed.
Payment tJ 6. Payment by the party to whom the lands shall be laid.
wiong parties. ^^ ^£ ^j^^ damages or annual rent assessed to the persons
designated by the verdict as entitled thereto, or if the ver-
dict shall not designate the persons entitled, to such persons,,
as in the absence of any dispute, shall be ostensibly entitled
thereto, shall exonerate the party making the payment ; but '
any persons subsequently claiming to have been entitled to
the damages or rent so paid, may prosecute their claim by
action Jfor money had and received against the persons to
whom the payment shall have been made.
Payment of da- 7. Incase of disputed or unknown title, the court of
of disputed ti- sessions, on application of the claimant, shall order the
*"*■ damages paid to the county treasurer, and the 'annual rent,
so often as the annual rent shall become the subject of con-
troversy, to be paid to the persons who, on due investiga-
tion by the court, shall have established their right ; but no
order shall be made until it shall be shewn to the court that
notice has been given, sufficient, in the judgment of the
court, to protect the rights of all, persons who may be or
may claim to be interested.
Fj"'.ii^l*:?f„M™ 8. The party to whom the lands shall be laid off shall not
oiTnottobeim be implicated m controversies between persons contesting
controversy.''''^ ^i^^® *o the damages or annual rent.
Costs on oonflio- 9. The costs On Conflicting claims before the sessions,
ting claims, ^nd on appeal to the supreme court, shall be the same, and
governed hj the same rules as apply to summary applica-
tions in the supreihe court.
Appeals 10. All decisions in the sessions shall be subject to
TITLE VI.] COAL MINES. ' ' IQI
appeal to the supreme court, which the sessions shall gpaMTCnKv. 27.
on the applicant entering into a bond to the queen, with
sufficient sureties, in forty pounds, conditioned for the pay-
mentof all such costs as may be ordered by the courtof appeal.
11. The bonds to the queen required by this chapter Bonds-pro-
shaU be available as security to be enforced for the benefit ^^^™gs under;
of the persons entitled ; such persons shall be liable to costs
in the same manner as if suits on the bond had been pro-
secuted in their own names.
12. In no case in which the verdict shall find the amount Errors and m-
of damages and the amount of annual rent with sufficient pnSeedings."
certainty, shall the proceedings for laying off lands under
this chapter be refused confirmation, or be set aside because
the persons entitled to damages or annual rent are not
designated by name, or sufficiently designated ; or by reason
of irregularity in the finding as to the persons entitled, or
of any matter of form ; but the sessions, subject to appeal,
and the supreme court, on appeal, shall rectify any error or
informality, or shall adopt such proceedings as may be
necessary lor determining to whom the damages or rent
shall be paid, or for otherwise carrying into effect the
provisions and intent of this chapter.
13. No person shall use any part of the lands so set off Lands laid off
for any other purpose whatsoever, except such as shall be "^ "^ ^e used
necessary for making roads, opening drains, erecting neces-
sary works, and all other purposes connected with opening
and working such mines to the most advantage ; and the
persons so authorised, and all persons employed about such
mines, shall use the lands in such manner as wiU be least
injurious to the owners and occupants of such lands or any
other lands contiguous thereto.
14. Persons to whom possession of any lands shall be Railways may
hereby given, may make and repair the roads to and from and buiitogs
such mines, and erect thereon railways or any other con- ®'^^<='^'i-
veniences to facilitate transportation of the articles neces-
sary to be carried to and from the same, and may erect on
the ground set off for the use of the shaft, houses, and
buildings to shelter the workmen and to contain any articles
necessary to be used in and about the premises.
15. Persons erecting any engines or machines, houses or Possession to re
buUdings on the lands so set off to them, ihay, during their Ilrta\n°olses of
occupancy, take down the same and' remove the, materials "i^si^ct.
thereof notwithstanding such buildings and erections may
be considered in law as attached to the freehold. And the
owners of all the lands set off under the authority of this
chapter for the use and accommodation of the workers of
such inines, shall be entitled to take possession of all lands
so set off in case the working of the raines shall have
ceased for six months next before the taking possession
unless the working thereof shall have received any tem-
j)orary interruption from some unforeseen accident ; and
102 COAL MINES, [part I.
Chap. 27. such owners shall hold the lands so taken possession of as
"^ of their first estate, but before such possession be taken
reasonable notice must be given to the persons interested '
in the mines to remove their eifects and materials ofi" the
premises.
Provisions for 16. If it be found expedient to re-commence working
Borfe"r°aite^r- any mine after the lands set off for the use thereof shall be
ty^oHanls'set' ^^ken possession of by the owners, or if it be necessary to
off. alter the quantity of land set off for the use of mines, the
same proceedings shall be adopted as hereinbefore stated.
New bonds pro- 17. If any change take place of the persons authorised
tafn^ses'"'*'^" to work any mine, or their sureties die, remove from the
province, or become insolvent, the justices in session, on
application of either party, may order new bonds to be
entered into ; and if such new bonds be not given within a
tinae to be limited therefor, the justices may order posses-
sion to be restored to the original owner of such lands; who
inay thereupon assume the possession thereof, and recover
whatever compensation may be due for the time that pos-
session of any such land may be held after such bonds
ought to be given.
eeedin^s^o'be 1^' -^^ costs incurred in carrying out these provisions
paid by appii- shall be paid by the party authorised to open such mines.
L™se«f mines l^- Any person proposing to work any mines or mine-
--how to be ap- rals in any iingranted lands in this province, or in any grant-
^ '* *"^" ed lands wherein such mines and minerals were reserved a,t
the time of the grant, may apply for a lease of such mines
and minerals to the governor, by petition, setting forth,
particularly, the quality and description of the mines or
minerals applied for, and also a description of the lands
Advertisement wherein the same are situate ; on receipt of such application
ofthe appiica- ^j^g governor shall direct an advertisement to be inserted
in the royal gazette for the space of three months, at least,
notifying all persons interested, or claiming to be interested
in such mines or minerals, of the application so made.
b» grt^ted— *° ^^' ^^ ^^^'^ mincs or minerals shall not, within twelve
term of. months from the publication of such notice, be opened and
worked, the governor in council may order a lease thereof
to such person or persons for such term and on such condi-
tions as he may think fit.
Where mine 21. When the Working of any mine, now opened, or
Tbandon'Safter hereafter to be opened in this province, shall have been
12 months. abandoned for a period of twelve months, the governor in
council shall have the same power to lease the same as in
cases where a mine shall not have been worked after twelve
months notice, as herein above provided.
Where only oo- 22. Where any complaint shall be made to the governor
lorawy worked. ^ council, that any mines or minerals claimed under a lease
from the cro.wn, or under a lease granted pursuant to this
chapter are not worked bona fide, but only colorably, or to
jtreyent a forfeiture under the terms of such lease, and such
TITLE VI.] COAL MINES. 103
Complaint shall appear to tHe governor in council to be well Chap. 27.
founded, thie attorney general shall be directed to file in the '
supreme court, in the name of the queen, an information
setting.forth the description of the mines and minerals in
question, and the substance of the complaints so made ; a
Copy of such information shall be served upon the principal
officer in charge of the mines, or in his absence, be posted
up in some conspicuous place on the premises ; which ser-
vice or posting shall be considered sufficient notice to the
parties interested, to appear and defend such information,
and shall be made the same number of days, at least, as are
required in ordinary proceedings in the supreme court.
The party interested may appear to such information and
traverse the allegation that such mines or minerals were
not worked bona fide, but only colorably, or to prevent
forfeiture, as aforesaid; and thereupon the issue shall be
tried as other issues in the supreme court are tried, subject
to the same rules and incidents, so far as the same may be
applicable. On judgment for the plaintiff, by default, or
after verdict, or confession, the governor in council shall
have the same power to lease the mines and minerals con-
tained in such lands, as in cases under the second section
of this chapter.
23. The royalties reserved under any lease granted in J^yait'es^ '
pursuance of this chapter, shall not be less than those now not to extend
paid by any party holding a lease under the crown of any ^^^""'^ ^^^^■
mines or minerals in this province ; and no such lease shall
be made to extend beyond the year one thousand eight
hundred and eighty-six.
24. The jury, under this chapter are not authorised to ^^^^^'^^'^^^
determine the title to lands laid ofi" under its provisions, authorized to
when the title shall be in dispute or unsettled. * puteTtitfes!^
Part tlie Second.
Whereas an arrangement has been made and entered into
between and by or on behalf of her majesty and the general
assembly of this province, and Christopher Pearse and John
George Nutting, as the legal personal representatives of hia
late Koyal Highness Frederick, duke of York and Albany,
and the general mining association, for the surrender to her
majesty of all the terms, estates, and interests of the said
Christopher Pearse and John George Nutting, and the said
association, and of Mary Ann Rundell and Bdmond Strong,
as the legal personal representatives of Edmond Waller Run-
dell, deceased, and a trustee for the said association, in the
mines and minerals in this province, and for granting to the
gaid association, & hew lease of the beds or seams of coal
in certain parts of the said province, with full powers for
104 COAL MINES. [PAET I.
Chap. 27. working the same for the term of twenty-eight years, to,
~^. ' commence and be computed from the first day of January,
in the year one thousand eight hundred and fifty-eight, and
also for such portion of the next succeeding year .as shall
elapse previously to the 25th day of August, in the same
year, being the year one thousand eight hundred and eighty-
six, at certain rents or royalties, and subject to certain other
terms, which have been agreed upon. And whereas it is
intended that for effecting the said arrangement a certain
indenture, already prepared and engrossed, and bearing date
the first day of January, in the year one thousand eight
hundred and fifty-eight, and expressed to be made between
the. said Christopher Pearse and John George Nutting, of
the first part, the said Mary Ann Rundell and Edmond
Strong, of the second part,, the said association of the third
part, and her majesty of the fourth part, a true copy of which
indenture is contained in the schedule hereto annexed, shall
be executed by the several parties thereto, of the first,,
second, and third parts, respectively, by which indenture aU
the estate, term, and interest, of the said Christopher Pearse,
and John George Nutting, and of the said Mary Ann Run-
dell and Edmond Strong, and of the said association, in.
the said mines and rqinerals, are expressed to be surrendered
and yielded up to her majesty, her heirs and successors,
and whereby certain releases are expressed to be made con-
cerning the said mines and minerals, and the rents, royalties,
and reservations, reserved, or agreed to be reserved, by
certain leases and agreements for leases, of the said mines
and minerals, and also that a certain other indenture, already,
prepared and engrossed, and bearing date the first day of
January, one thousand eight hundred and fifty-eight, and.
expressed \o be made between her majesty, of the one part,
and the said association, of the other part, a true copy of
which last mentioned indenture is contained in the schedule
hereto, should be executed by the said association, by
which same indenture all the beds and seams of coal in cer-
tain parts of this province are expressed to be demised to
the said association, their successors and assigns, for the said
term of twenty-eight years, and such portion, as aforesaid,
of another year, at certain rents or royalties, and upon cer-
tain terms therein mentioned. And whereas the said two.
indentures so prepared and engrossed as aforesaid, have
not, nor hath either of them, been executed by or on behalf
of any of the parties named as parties thereto, but drafts of
the same have been duly signed and approved of by Henry
Eevel Reynolds, esquire, the solicitor to her majesty's
treasury, on behalf of her majesty, and by the honorable
James .William Johnston and Adams George Archibald,
esquire, delegates appointed under the authority and on
behalf of the general assembly of this province, and by
Francis Thomas Bircham, the solicitor of and on behalf of
TITLE VI.] OOAL MINES. 105
the said association. And the said indenture of surrender Chap. 27.
has been duly signed and approved of by Messrs. Parrar, "
Ouvry and Farrar, the solicitors of and onbehalf of the said
Christopher Pearse and John George Nutting, and by
Messrs. Wilson and Bristows, the solicitors of and on behalf
of the said Mary Ann Rundell and Edmond Strong, And
whereas, the said arrangement cannot be fully carried into
effect without an act of the general assembly of this
province.
Be it therefore enacted, by the lieutenant governor, Leases, agree-
couneil, and assembly, that when and so soon as the said when^ionfirmed
first hereinbefore mentioned indenture shall have been duly ;ffect™£'°°^"'^
executed by the said Christopher Pearse and John George
Nutting, or the • legal personal representative or legal per-
sonal representatives for the time being, of the said duke
of York and Albany, and by the said Mary Ann Rundell
and Edmond Strong, or the legal personal representative or
legal personal representatives, for the time being, of the
said Edmond Waller Rundell, and by the said Association,
and the said secondly hereinbefore mentioned indenture
shall have been duly executed by the said association, and
when and so soon as the said two several indentures, duly
executed as aforesaid, shall have been delivered to the lieu-
tenant governor, for the time being, of this province, then,
and in such case and notwithstanding, the same indentures
shall not have been executed by or on behalf of her majesty,
but not before all the said executions hereinbefore men-
tioned shall have been duly effected, and the said two
several indentures shall have been delivered to the said
lieutenant governor, as aforesaid, the said two several here-
inbefore mentioned indentures shall respectively thereupon
stand and be absolutely confirmed by the general assembly
of this Province, and the said first mentioned indenture
shall operate and enure as an effectual surrender of all the
terms, estates, and interests, thereby expressed to be sur-
rendered, and an effectual merger and extinguishment
thereof in the reversion and inheritance, and as effectual
releases of all the claims and demands thereby expressed to
be released, according to the tenure and purport of the same
indenture, and the said secondly mentioned indenture shall
operate and enure as a valid and effeetua,l grant, lease, and
demise of all the premises thereby expressed to be granted,
released, and demised for the term, at the rents, royalties,
and reservations, and with, under and subject to the cove-
nants, agreements, conditions, and provisoes by and in the
same indenture respectively granted, contained and reser-
ved, or expressed so to be according to the tenor and pur-
port of the same indenture, and that when and so soon as
all the said executions hereinbefore mentioned, shall have
been duly effected, as aforesaid, and the said two several,
indentures shall have been delivBred to the said lieutenant
lOS COAL MINES, ' [PAEr L
Chap, 27. governor, as aforesaid, the same indentures sball respec-
~ tively operate and take effect as from the said first day of
January, one' thousand, eight hundred and fifty-eight, an<J
as if the same had been duly executed the same day by all
the parties named as parties thereto, respectively, including
her majesty, and had been delivered to the said lieutenant
ProTiBo. governor, as aforesaid, on the same day. Provided always,
and it is hereby farther enacted, that if the said two several
indentures shall not be respectively duly executed, as
aforesaid, and delivered to the said lieutenant governor, as
aforesaid, during the year one thousand eight hundred and
fifty-eight, then, and in that case, the same indentures and
the enactments hereinbefore contained shall be absolutely
void and of none effect.
frSTud 2in''ot ^' -^^ ^*''' Si'^iog more full effect to the said lease of
to' apply to the first day of January, in the year one thousand eight*
bylease^'t^ hundred and fifty eight, be it further enacted, that in case
January, 1858. |}jq gg^j^ ^-^q Several indentures shall be respectively execu-
ted as aforesaid, and delivered to the said lieutenant gov;^r-
nor as aforesaid, during the year one thousand eight hun-
dred and fifty-eight, sections nineteen, twenty, twenty-one,
twenty-two, and twenty-three shall not apply to the coal
mines expressed to be demised by the same lease, and dur-
ing the continuance of the term expressed to be thereby
granted, but not further or otherwise.
taklnasVartof ^- ^'^^ ^^ i* enacted, that the schedule to this chapter
chapter. shall be read and taken as part of this chapter.
Indentures to 4. And be it further enacted. That when and so soon as
e recor e . conveniently may be, after the said two several indentures
shall have been respectively executed, as aforesaid, and
delivered to the said lieutenant governor, as aforesaid, the
same indenture first above mentioned shall be recorded
in the registry of deeds at Halifax, in the said province, and
the indenture secondly herein mentioned shall be recorded
in the registry of deeds in each of the counties in which
the respective areas comprised in the said lease, are situate,
to b'i^eoefved''^ and this chapter, or certified copies of and extracts from the
in evidence. registry of the same indentures respectively, under the
hand of the proper officer, shall be admitted as evidence of
the contents and due execution . of the same indentures,
respectively, in all courts of law and equity, or other judi-
cature.
SCHEDULE.
This indenture, made the 1st day of January, in the year of
our Lord 1858, between Christopher Pearse, of No. 35
Loundes Street, Belgrave Square, in the county of Mid-
dlesex, esquire, and John George Nutting, of No. S
Gloucester terrace, Hyde park, in the same county,
; esquire, of the first part ; Mary Ann. Rundell, of Moncton
TITLE VI.] COAL MINES. 107.
house, near Taunton, in the county of Somerset, widow; Chap. 27.
and the reverend Edmond Strong, of the parish of Clyst, ~" "
Saint Mary's, in the county of Devon, clerk, of the second
• part; the general mining association, of the third part,
and the Queen's most excellent majesty, of the fourth
part.
Whereas, by letters patent, bearing date the 25th ■ day of
August 1826, being in the form of an indenture made or
expressed to be made between his late majesty king G-eorge
the fourth, of the one part, and his late royal highness
Frederick, duke of York and Albany, of the other part, his
said late majesty king George the fourth granted and de-
mised certain mines and minerals in the province of Nova
Scotia, nnto the said duke of York and Albany, his execu-
tors, administrators, and assigns, for the term of 60 years^
from the day of the date of the said letters patent, at the
rents or royalties therein mentioned. And whereas by an
indenture of underlease, bearing date the 12th day of Sep-
tember, 1826, and made between the said duke of York and
Albany, of the one part, and John Bridge, Edmond "Waller
Rundell, Thomas Bigge and John Gawler Bridge, all since
deceased, of the other part, the said duke of York and
Albany granted and demised the same mines and minerals
unto the said John Bridge, Edmond Waller Rundell,
Thomas Biggo, and John Gawler Bridge, their executors,
administrators, and assigns, for the then residue of the-
said term, of sixty years, except the last day thereof, at
the rents or royalties therein mentioned. • And whereas,
in the reign of his late majesty king William the fourth, an
agreement was entered into between his said majesty's then ^
secretary of state for the colonies, on behalf of the crown, . j
and the said John Bridge, Edmond Waller Rundell, Thomas
Bigge, and John Gawler Bridge, for a grant or lease from'
the crown, to them the said John Bridge, Edmond Waller
Rundell, Thomas Bigge, and John Gawler Bridge, of
certain mines and minerals in the said province, which
were not included in, or were 'excepted out of, or were-
alleged not to be included in, or to be excepted out of the'
said letters patent and indenture of underlease respectively,
at certain rents and royalties, but no grant or lease was ever
executed in pursuance of the said agreement. And where-
as, the said association became absolutely entitled to all the
beneficial estate and interest under the said indenture of the
12th day of September, 1826, and the said agreement, but
no assignment to them of the premises comprised therein
respectively, or any part thereof has ever been executed.
And whereas, the said association has worked various coal J
mines under or by virtue of the said indenture of underlease
and the said agreement respectively. And whereas, the
said Frederick, duk« of York and Albany, died in the month
108 COAL MINES. [PART I;
Chap. 27. of January, 1827, having duly made his last will, bearing
~ date the 26th day of December, 1826, and thereby appointed
Sir Herbert Taylor and Sir Benjamin Charles Stephenson
his executorSj by whom the said will was, on or about the
30th day of January 1827, duly proved in the prerogative
court of the archbishop of Canterbury. And whereas, the
said Sir Benjamin Charles Stephenson survived the said Sir
Herbet Taylor, and died on the 10th day of June, 1839, in-
testate. And whereas, on the 19th day of February, 1840,
letters of administration to the estate and effects of the said
duke of York and Albany, then left unadministered, were
granted to the said Christopher Pearse and John G-eorge
Nutting by the prerogative court of the archbishop of Can-
terbury. And whereas, on the 27th day of May, 1851, letters
of administration to the estate and effects of the said duke of
York and Albany, in the said province of Nova Scotia, were
granted to Lawrence Hartshorne, as the attorney and on the
behalf of the said Christopher Pearse and John George
Nutting, as such administrators as aforesaid, by the proper
court in the said province, and by an indenture bearing date
the 5th day of February, 1852, and made between the said
Lawrence Hartshorne, of the one part, and the said Chris-
topher Pearse and John George Nutting, of the other part,
the said mines, minerals, and premises, comprised in and
granted and demised by the said hereinbefore recited letters
patent, were assigned by the said Lawrence Hartshorne
unto the said Christopher Pearse and John George Nutting,-
their executors, administrators, and assigns. And whereasj
many years ago, disputes arose between the said Sir Her-
bert Taylor and Sir Benjamin Charles Stephenson as the
legal personal representative of the said duke of York and
Albany and the said association, concerning the rents and
royalties payable under or by virtue of the said indenture
of the 12th day of September, 1826, and suits were insti-
tuted in the high court of chancery by the said Sir Herbert
Taylor and Sir Benjamin Charles Stephenson as such legal
personal representatives as aforesaid, against the said
Edmond WaUer Rundell and others, for determining such
disputes, and suits of revivor and supplement have since
been instituted in relation thereto. And whereas, an agree-
ment for compromising the said disputes was entered into be-
tween the said Christopher Pearse and John George Nutting-
and the said association, with the approbation of the legal-
advisers of her present majesty, queen Victoria, and with
the approbation of the said court of chancery in the said
suits, and in certain suits instituted in the said court for
administering the estate of the said duke of York and
Albany, and the terms of such agreement were expressed in
an indenture, bearing date the 29th day of May, 1849, and
made between the said Edmond Waller Rundell, Thomas
Bigge, and John Gawler Bridge, of the first part, the said
TITLE VI.] COAL MINES, , 109
association, of the second part, the said Christoplier Pearse Chap.' 27.
and John George Nutting, of the third part, and Robert
Moser, Alfred Charles Bridge and Henry Warre, of the
fourth part, and such terms were in part to the effect that
the said letters patent bearing date the 25th day of August,
1826, and the said indenture of underlease of the 12th day
of September, 1826, and the said agreement entered into in
the reign of king William the fourth,- for a lease from the
crown hereinbefore respectively recited or mentioned, should
be surrendered to her majesty, and that a new lease of
the said mines should be granted by her majesty to the said
Christopher Pearse, and John George Nutting, as such
legal personal representatives as aforesaid, at certain rents
or royalties, and that a new underlease of the same mines
should be granted by the said Christopher Pearse and John
George Nutting to the said association, at certain rents or
royalties, and further, that in the meantime and until such
lease and underlease should be granted, the said association
should invest the rents and royalties which would be payable
as part of the estate of the said duke of York and Albany,
if such lease and underlease had been actually granted in
the purchase of bank £3 per cent, annuities, and should
accumulate the dividends thereof. And whereas the terms
of the said agreement were afterwards modified with the
approbation of the said court in the said suits. And
whereas, it became impracticable to carry the said agree-
ment into effect by reason of the provisions of the act of
the general assembly of the said province of Nova Scotia
entituled, " An act for transferring the crown revenues of
Nova Scotia and providing for the civil list -there of," which
was passed on the eighth day of March, 1849, and received
the royal assent on the 29th day of June, 1849, and whereby
the light and title of her majesty in and to the said mines
and minerals and the rents and royalties payable for or in
respect of the same, were assigned, transferred, and surren-
dered to the disposal of the general assembly of the said
province, without making any provision for carrying out
the said agreement. And whereas, the said Edmond Waller,
Rundell survived the said John Bridge, Thomas Bigge, and.
John Gawler Bridge, and died on the 10th day of February,
1857, having first duly made and signed. his last will and
testament in writing, bearing date on or about the 19th day
of October, 1853, and thereof appointed the said Mary Ann
Eundell and Edmond Strong, j executrix and executor
respectively, who, on or about the fifth day of March, 1857,
duly proved the said will, together with a codicil thereto, in
the prerogative court of Canterbury. And whereas, with a
view to a final settlement of all matters in difference between
the said Christopher Pearse and John George Nutting, as
such legal personal representatives as aforesaid, and the said,
association, it has been agreed between them, with the
110 COAL MINES. [PABT I.
Chap. 27. approbation of her majesty, and of the said court in the
said suits, so instituted as aforesaid, that the said association
should purchase for the sum of £120,000 all the term,
estate, and interest whatsoever of the said Christopher
Pearse and John George Nutting, as such legal personal
representatives as aforesaid, whether under or by virtue of
the said letters patent of the 25th day of August, 1826, or
the said indenture of underlease of the 12th day of Septem-
ber, 1826, or the said indenture of the 29th day of May,
1849, or the modifications of the agreement expressed
therein, or otherwise howsoever, of and in all the mines,
minerals and premises in the said province of Nova Scotia,
comprised in and demised by the said indenture of under-
lease, or forming the subject of the said indenture of the
29th day of May, 1849, or the modifications of the agree-
ment expressed therein, and of and in the rents, royalties,
reservations, and payments payable in respect of the same,
and of and in all the bank annuities in which any of the said
rents, royalties, reservations, and payments have been in-
vested, and the accumulation thereof. And the said Chris-
topher Pearse and John George Nutting, and the said Mary
Ann Rundell and Edmund Strong, at the request of the said
association, have agreed to make and execute the surrender
hereinafter on their part contained. And whereas, all the
rents, royalties and reservations, which have become payar
ble to her majesty for or in respect of the said mines and
minerals, or any of them, up to and including the 31st day
of December, 1857, have been duly paid and satisfied. And
it has been agreed that the releases hereinafter' contained
should also be executed, it being understood and agreed
that an act of the general assembly of the said province of
Nova Scotia will be passed and assented to by her majesty
for confirming and giving more full efiect to these presents :
Now this indenture witnesseth, that in pursuance of the
said agreement in this behalf, and in consideration of the
sum of £120,000 to the said Christopher Pearse, and John
George Nutting, by the said association, paid at or imme-
diately before the sealing and delivery of these presents,
the receipt of which is hereby acknowledged, and for other
the considerations hereinbefore recited, the said Christo-
pher Pearse and John George Nutting, and the said Mary
Ann Rundell and Edmond Strong, at the request and by the
direction of the said general mining association (testified
by their execution of these presents,) and the said general
mining association, according to their several and respective
estates and interests in the premises, do each, and every of
them doth, surrender, release, and yield up unto the queen's
' m.ost excellent majesty, her heirs and successors, all the
• mines, minerals, powers, and premises whatsoever, comprised
in and granted or demised by the said hereinbefore recited
letters patent of the 25th day of August, 1826, and all the
TITLE VI.] COAL MINES, HI
mines, minerals, and premises agreed to be granted or Chap. 27;
demised by or forming the subject of the said agreement, ' '
entered into in the reign of his late majesty, king William
the fourth, for a lease from the crown as hereinbefore is
mentioned. And all the estate, right, title, interest, claim,
and demand whatsoever, either at law or in equity, of the
said surrendering parties and every of them, in, to, and out
of the said premises, to the intent that the several residues
now unexpired of the said term of sixty years, granted by
the said letters patent, and of the said term of sixty years
wanting one day, granted by the said indenture of under-
lease, and all the interest agreed to be granted by the said
agreement entered into in the reign of his late rnajesty
king William the fourth, for a lease from the crown, and all
other the estate, term, and interest of the said surrendering
parties, and every of them, in the mines or minerals in the
said province of Nova Scotia, and every part thereof, may
be merged and extinguished in the reversion and inheritance
of the said premises. And this indenture further witnesseth,
that in consideration of the premises, our said sovereign
lady the queen, of her especial grace, certain knowledge,
and mere motion, doth acquit, release, and for ever discharge
the said Christopher Pearse, and John George Nutting, their
heirs, executors, and administrators, and the estate and effects
of the said duke of York and Albany, and also the said Mary
Ann Eundell, and Edmond Strong, respectively, their re-
spective heirs, executors, and administrators, and the estates
and effects of the said John Bridge, Edmond Waller Run-
dell, Thomas Bigge, and John Gawler Bridge, respectively,
and also the said association and their successors, of and
from all and aU manner of actions, suits, extents, accounts,
reckonings, sums of money, rents, royalties, reservations,
costs, charges^ expenses, claims, and demands whatsoever,
which either at law or in equity our said sovereign lady the
queen, her heirs or successors, now hath or have, or here-
after shall or may or otherwise could or might have, under
or by virtue of the said hereinbefore recited letters patent
and underlease, or the said hereinbefore mentioned agree-
ment, entered into in the reign of his late majesty king
William the fourth, for a lease from the crown, or the said
indenture of the 29th day of May, 1849, or the modifications
made in the agreement therein expressed, or by reason of
the said suits instituted as aforesaid, or any of them, or in
any wise relating to the premises. And this indenture
further witnesseth, that in consideration of the premises
the said Christopher Pearse and John George Nutting, do,
and each of them doth, acquit, release, and for ever discharge
the said Mary Ann Eundell and Edmond Strong, respectively,
their respective heirs, executors, and administrators, and
the estates and effects of the said John Bridge, Edmond
Waller Rundell, Thomas Bigge, and John Gawler Bridge,
112 CO'AL MINES. [part I,
Chap.' 27. respectively, and also tlie said association and their succes-
sors, of and from all and all manner of actions, suits,
accounts, reckonings, sums of money, rents, royalties, reser-
vations, costs, charges, expenses, claims and demands what-
soever, which, either at law or in equity, they, the said
Christopher Pearse and John Geqrge Nutting, as such legal
personal representatives as aforesaid, or either of them, or
the heirs, executors, or administrators of them, or either of
them, or the legal personal representative, or legal personal
representatives, for the time being, of the said duke of
York and Albany, have or hath or hereafter shall or may or
otherwise could or might have, under or by virtue of the
said hereinbefore recited underlease, or the said indenture
of the 29th day of May, 1849, or the modifications made in
the agreement therein expressed, or by reason of the said
suits instituted as aforesaid, or in anywise relating to the
premises. And this indenture further witnesseth, that in
consideration of the premises, the said Mary Ann Rundell
and Bdmond Strong, at the request and by the direction of
the said association, (testified as aforesaid), and the said
association do and each of them doth acquit, release, and
forever discharge the said Christopher Pearse and John
George Nutting, and each of them, and the heirs, executors,
and administrators of them, and each of them, and the
estates and effects of the said duke of York and Albany,
Sir Herbert Taylor, and Sir Benjamin Charles Stephenson,
respectively, of and from all and all manner of actions, suits,
accounts, reckonings, sums of money, rents, royalties, reser-
vations, costs, charges, expenses, claims and demands what-
soever, which, either at law or in equity, the said Mary Ann
Eundell and Bdmond Strong, his heirs, executors, or admi-
nistrators, or the said association, or their successors or
assigns hath or have, or hereafter shall or may, or other-
wise could or might have, under or by' virtue of the said
hereinbefore recited underlease, or the said indenture of
the 29th day of May, 1849, or the modifications made in the
agreement therein expressed, or by reason of the said suits
instituted as aforesaid, or any of them, or in anywise
relating to the premises.
In witness, &c.
This indenture, made the first day of January, 1858, between
the queen's niost excellent majesty, of the one part, and'
the general mining association, of the other part,, WIT-
NESSETH :
That in consideration of certain surrenders and releases,
effected and contained in and by a certain indenture, bearing
even date with these presents, and made or expressed to be
made between Christopher Pearse and John George Nutting,
of the first part, Mary Ann Rundell and Edmond Strong, of
'ho -"cond part, the fvA a??oo.iat;on, of the third part, and
TITLE VI.] COAL MINES. 123
her majesty, of the fourth part, and in consideration of thp Chap. 27.
rents and royalties hereby reserved, and of the covenants
and agreements herein contained, and on the part of the said
association, their successors, and assigns, to be observed and
performed, our said sovereign lady the queen, of her espe-
cial grace, certain knowledge, and mere motion, doth grant
and demise unto the said association, their successors, and
assigns, all and singular the beds and seams of coal, whether
opened or unopened, within, under, or upon, the six several
tracts of land hereinafter described, that is to say :
First, within, under, or upon, all that tract in the island of gydney^'""'^^'
Cape Breton, which comprises the works of the association
on or near Sydney harbour and on or near Point Aconi, and
is bounded as follows, that is to say : beginning at Stubbert's
Point a;bove Indian Cove on the northern shore of Sydney
harbour, thence running in a northerly direction, and cross-
ing the Little Bras d'Or to the head of Mill Pond on Boular-
derie Island, where the Aconi Brook enters into said pond,
thence northerly by the eastern side of said pond to the sea
shore, and round Point Aconi and north-eastwardly by the
shore, crossing the little entrance of the Bras d'Or round
Cranberry Head, and thence along the northern shore of
Sydney harbour to the place of beginning.
Secondly, within, under, or upon all that tract in the island Tra«t at Lin-
of Cape Breton, which lies on the soxithern side of Sydney
harbour, and comprises the works of the association at Lin--
gan on the north side of Bridgeport harbour, and is bounded
as follows, that is to say : beginning on the southern side of
Sydney harbour at McPhee's brook or ferry ; thence run- -
ning in a southerly direction to the mouth of the north-west
brook, so called, which empties into Bridgeport basin ; thence
by the northern shore of said basin to Indian bay, and by the
shore of the said bay eastwardly to the " North Head" on
the sea shore ; thence northwardly and westwardly by the
sea shore and Sydney harbor to the place of beginning.
Thirdly, within, under, or upon all that tract in the island ^f?"*''*
of Cape Breton which lies on the southern shore of Indian '^^ °^^°'
Bay or Bridgepoi-t, and comprises the ancient works of the
association on the southern side of Bridgeport, and is
bounded as follows, that is to say : beginning at a point on
the southern shore of Indian Bay at the distance of 25
chains,. westwardly by the shore from Level Mouth (so call-
ed)-; thence south 35 deg. 45 min. west (being parallel to the
out-crop of the coal seam on this tract) 98 chains to a tree
marked as a corner bound ; thence south 54 deg. 15 min. east
102 chains and 30 links to a squared post on the east side of
Caddigan's or Cadougan's Brook, thence parallel with the
line first described 131 chains, or to the shore of DSad
Man's Cove at a point distant 5 chains, eastwardly by the
shore of said cove from the mouth of said brook ; thence
wes,twardly by the shore of .said cove and Indian Bay, to the
114 COAL MINES. [PAET' I.
Chap. 27. place of beginniug, comprising an area by measurement of
' two square miles.
Tract at Piotou Fourthly, within, under, or upon all that tract near New
-Albion mines. Qj^sgow in the conuty of Pictou,ancl comprising the works
of the association known as the Albion mines, and ig bound-
ed as follows, that is to say: beginning at the southern
angle of the church at the Albion mines ; thence south 57
deg. 20 minutes east (being on the same range with a line
running through the spire of said church) 104 chains and
88 links to post No. 1. marked G. M. A. ; thence north 32
deg. 40 minutes east crossing McLellan's Brook 106 chains
and 70 links to post No. 2 marked G. M. A. ; thence north
67 deg. 20 minutes west (crossing the East River of Pictou)
240 chains to post No. 3 marked G. M. A. ; thence south
32 deg. 40 minutes west 106 chains and 70 links to post No.
4 marked G. M. A. ; thence south 57 deg. 20 minutes east
- through the spire of the church aforesaid to the place of
beginning, and which last mentioned tract covers an area of
four square miles by measurement.
Tract at Jog- Fifthly, within, under, or upon all that tract lying in the
gnsin Cumber- county of Cumberland en The shore of Cumberland basin,
at or near the Jogging; so called, and comprising the works
of the association at the Joggins, and is bounded as follows,
that is to say: Beginhing at a squared post marked 1857
on the bank of the shore of Cumberland basin 2 chains and
75 links southward by the said shore from the mouth of
Dennis Brook ; thence south 73 deg. 30 min. east 256 chains
to a squared post marked 1857 ; thence north 16 deg. 30
min. east 100 chains to a squared postmarked 1857 ; thence
north 73 deg. 30 min. west, passing a post at high water
mark oii the Joggins shore of the basin aforesaid, and
extending thereby .into said basin until the whole distance
of 256 chains has been run out ; thence south 16 deg. 30
min. west to the place of beginning crossing the mouth of
Dennis Brook, comprising an area of four square miles by
measurement.
Tract at Spring And sixthly, within, under, or upon all that tract lying in
beria'nd?'""' the couuty of Cumberland at or near Spring Hill, so called,
and is bounded as follows, that is to say : Beginning at a
birch tree at the south-west angle of a lot containing one
hundred and twenty-eight acres, granted to the general
mining association by letters patent bearing date 26th April,
1849, (vide book 16, No. 1494 of the. registry of grants in
the crown land office, Halifax) ; thence south 40 deg. east
39 chains and 50 links to a squared post marked 1857 ;
thence north 50 deg. east 160 chains to a postmarked 1857 ;
thence north 40 deg. west 160 chains to a post marked 1857 ;
theftee south 50 deg. west 160 chains to a post at Mill Pond
on Coal Mine brook and marked 1857 ; thence south 40 deg.
east 120 chains and 50 links to the place of beginning, and
which last mentioned tract covers an area of four square
TITLE- VI.] COALMINES. 115
miles by measurement, which said several courses indicate Qhap. 27.
the direction of the magnet at this date — and which said '
six areas or parcels have been , surveyed and laid off by
officers of the association under the supervision of officers
of the government of Nova Scotia, and plans thereof, sub-
scribed by the said officers respectively, have been lodged
in the office of the commissioner of crown lands at Halifax,
for explanation of the limits and boundaries of the said
areas and parcels, as by th« said plans, upon reference
thereto, may more fully appear.
And also, so far as her majesty, with the concurrence of
the general assembly of the said province of Nova Scotia,
can or lawfully may give or grant the same, full and free
liberty, license, and authority, to and for the said association,
their successors and assigns, and their tenants, servants,
workmen and agents, to search for, dig, work, and take, such
beds and seams of coal, and to make or use any pit and pits,
trench and trenches, quarry and quarries, groove and
grooves, and to drive and use any drift and drifts, Watergate
and watergates, waygate and waygates, airgate and airgates,
watercourse and watercourses, as well for working, winning,
obtaining and getting the said coal, as also for voiding and
carrying away, the water, foul air, and rubbish from the
mine thereof, and also to make or use and enjoy sufficient
and convenient pit room, ground room, and heap room,
within the limits of the said tracts or districts hereinbefore
described, for the laying and placing as well the coal which
has heretofore been had, wrought, won, or gotten, or which
shall, from time to time hereafter, be had, wrought, won, or
gotten, from or out of the said coal mines, or any of them,
as also all such stones, gravel, sand, deads, and other rub-
bish, which has heretofore proceeded or been had or gotten,
or shall hereafter proceed or be had or gotten from or out
of the said mines, or any of them, or in the working ■ or
digging thereof, or in getting or raising the said coal, and
also to make, place, erect, and set up, or use within the
limits of the said tracts or districts, and every of. them, all
such gins, engines, furnaces, refineries, cupolas, foundries,
cranes, forges, mills, houses, stables, hovels, lodges, sheds,
offices, and other machinery, buildings, and erections as shall,
from time to time, be needful or convenient for opening,
working, or drawing the said mines, and every or any of
them, and for lodging, stacking, depositing or placing the
same,, and for burning and making bricks, tiles, and pipes,
and for withdrawing or carrying away of water from the
said mines, and every or any of them, or for the standing,
lodging, laying or placing of the workmen, work-horses and
work-gear, to be used or employed in or about the making
and cai-rying on the works of the said mines, respectively,
and also within the limits of the said tracts or districts, and
ever3^ or any of them, to use and . enjoy all such gins,
116 COAL MINES; [PAKT I.
C'hai'. 27. engines, ftirnaces, refineries, cupolas, foundries, cranes,
' forges, mills, houses, stables, hovels, lodges, sheds, ofSces,
and other machinery, buildings, and erections, as have been
heretofore made, placed, erected and set up within the
limits of the said tracts or districts, or any of them, for the
purposes aforesaid, and are now standing or being thereon,
and also within the limits of the said tracts or districts, and
every or any of them, to use and enjoy sufficient and con-
venient way, leave, and liberty of passage, and liberty to
make, lay, and place, one or more way or ways, railway or
railways, tramroad or tramroads, and to remove, take away,
amend and repair, alter and change the same, respectively,
and to take, lead, drive and carry away, in, through, along,
and over, the said way or ways, railway or railways, tram-
road or tramroads, and in, through, along, and over any
way or ways, railway or railways, tramroad or tramroads,
heretofore made and now subsisting within the limits-
of the said tracts or district, or any- of them, and with
horses, carts, wains, waggons, or any other carriage or
carriages, and with engines, all the coals to be had,
wrought and gotten forth and - out, of the said mines,
and all other substances necessary or convenient to *be
removed therefrom. And also so far as her majesty:
"with the concurrence of the general assembly of the
said province, can or lawfully may give or grant the-
same, full and free liberty, license and authority, for the
said association, their successors and assigns, to make such
ways, roads, railways and tramroads, through, across, or
over any lands in the vicinity of and other than the said
tracts or districts, from and to any mine or mines under or
upon the said tracts or districts, or any of them, to and from
such navigable water as shall be considered by the said
association, their successors or assigns, njost convenient and
suitable for the shipment of coal or the carriage of mate-
rials for the purposes of their mining operations and the
agents and workmen of the said association, in such places-
as shall be reasonable, and shall by the said association, their
successors or assigns, be thought best, and for the purposes
aforesaid, and no other purposes, to use all such ways,-
roads, railways and tramroads, as shall be so made, the said'
association, their successors and assigns, doing as little
damage as possible thereby, and paying to our sovereign
lady the queen, her heirs or successors, by the hands of the
lieutenant-governor, for the time being, of the said- province,
for the use of the said province, a full and fair compensation,
in respect of the exercise of the said last mentioned
rghts of way, the position and dimensions of such ways,
roads, railways and tramroads, and the amount of the said'
compensation to be respectively determined, in case of dif-
ference, by the arbitration and award, in writing, of any two
cut of three; indiifer&nt persons, to be appointed-in manner
TITLE VI.] COAL MINES. 2]7
following, that is to say : one to be appointed in writing by Chap. 27..
the lieutenant governor, for the time being, of the said pro-
vince, and another to be appointed in writing by the said
association, their successors, or assigns, or in case either of
the said parties shall refuse or neglect to appoint an arbitrator
for the space of one calender month after being required in
writing by the other party so to do, then both the said two
indifferent persons to be appointed in writing, by such other
party, and the other of such three indifferent persons to be
appointed in writing by the said two indifferent persons to
be first appointed as aforesaid; and generally to have,
hold, use, and enjoy, during the continuance of this grant
or demise, all other powers and privileges whatsoever, with-
in, over and upon the said tracts or districts, or any of them
which shall or may be useful, necessary, or convenient for,
or in or about the searching for, winning, working, digging,
getting, or drawing of coal from, and out of the said mines,
or any of them, and taking and carrying away the same, and
for stacking and lodging the same, or any part thereof, and
which her majesty, with the concurrence of the general
assembly of the said province, can or lawfully may give or
grant, they, the said association, their successors and
assigns, and their tenants, servants, agents, aud workmen,
doing as little spoil and damage of ground as possible with-
in the limits of the said tracts or districts, in searching for,
winning, working, having, exercising and enjoying of the
premises, and the several powers, liberties, and privileges
hereby granted and demised, save and except, nevertheless,
and reserving out of these presents unto our said sovereign
lady the queen, her heirs and successors, and her or their
lessees, of all or any of the ifiines, in, under, or upon any
part of the said province, except the said tracts or districts
hereinbefore described, but with such restrictions as here-
inafter mentioned, fall and free right and liberty to make,
and to use when so made, such ways, roads, railways, and
tramroads, through, across or over the said tracts or dis-
tricts, or any of them, from and to any mine or mines, in,
underj or upon any part of the said province, except the
said tracts or districts, to and from such navigable water, as
shall be considered' by the lieutenant governor, for the
time being, of the said province, or the lessees of the same
mine or mines, most covenient and suitable for the shipment
of coal and other minerals, in such places as shall be reason-
able, and shall by such lieutenant governor, for the time
being, or such lessees, be deemed best, and also, full and
free right and liberty for the said lieutenant governor for
the time being, or the lessees of such mine or mines, but
with such restrictions as hereinafter mentioned, to erect on
the said tracts or districts hereinbefore described, or any
part thereof, and to use and enjoy when so erected any siTch
works, buildings, wharves, or other establishments neces-
118 COAL MIKES, [PAET I,
Chap. 27. sary or convenient for the working and winning of coal or
other minerals, or the successful carrying on of any collieries
or mining establishments, hi, under, or upon any part of the
said province, except the said tracts or districts herein-
before described, but so as not to obstruct in any material
degree, nor unless in case of absolute necessity, to interfere
with the operations, from time to time, of the said associa-
tion, and so that such lessees as aforesaid shall not have or
be entitled to use or exercise any such rights or liberties
as are hereby expressed to be excepted and reserved, save
only when the same rights and liberties shall be specially
granted in, and shall also be (as nearly as conveniently may
be) particularly and precisely specified, limited and descri-
bed as to position and dimensions and other material particu-
lars in the leases under which such lessees shall claim
or be entitled to the aforesaid mines or any of them,
the said province or the lessees of such mines as aforesaid
paying to the said association, their successors or assigns,
a full and fair compensation in respect of the exercise
of the said rights and privileges so excepted and reserv-
ed as aforesaid or any of them, the position and dimen-
sions and other material particulars of the said ways, roads,
railways and tramroads, works, buildings, wharves or other
establishments, and the amount of the said compensation to
be respectively determined, in case of difference, by the arbi-
tration and award, in writing, of any two out of three indif-
ferent persons to be appointed in the manner following, that
is to say, one to be appointed, in writing, by the lieutenant
governor for the time being, of the said province, or in
case of a lease of any of the said mines by such lessees,
as aforesaid, who may be interested in the question, another
to be appointed, in writing, by the said association, their
successors or assigns,' or in case either of the said parties
shall refuse or neglect to appoint an arbitrator for the space
of one calendar month after being required in writing by
the other parfy so to do, then both the said two indifferent
persons to be appointed, in writing, by such other party, and
the other of the said three indifferent persons to be appointed
in writing, by the two indifferent persons to be first
appointed, as aforesaid. To have and to hold the said beds
and seams of coal, mines, powers, authorities, and • all and
singular other the premises hereby granted and demised, or
expressed so to be, imto the said association, their succes-
sors and assigns, for and during and unto the full end and
term of twenty-eight years, to commence and be computed
from the 1st day of January, 1858, and also for such portion
of the next succeeding year as shall elapse previously to
the 25th day of August in tlie same year, being the year
1886, and fully to be complete and ended, yielding and
rendering therefor unto our sovereign lady the queen, her
heirs and successors, yearly and every year, on the 1st day
TITLE VI.] COAL MINES. |]^g
of March, during the continuance of this grant or demise, Ohap. 27.
at Halifax, in the said province, or at such other place or '
places as the lieutenant governor, for the time being, of the
said province, shall think fit, and by writing under his hand,
appoint through the hands or by the receipt of the lieutenant
governor, for the time being, of the said province of Nova
Scotia, for the use of the said province, the rent or royalty
of six pence, Halifax currency, for every ton of coal of
2240 lbs. (except coal now' known in the said province as
slack coal, and except coal to be used by the workmen of
the said association, or to be used in carrying on the works
or operations of the said association,) which shall, in any
and each year, commencing with the said 1st day of
Januar}'-, 1858, and thenceforth during the continuance of
this grant or demise, be wrought or gotten forth or out of the
said beds or seams hereby granted and demised, or any of
them, and sold up to and including the first 250,000 "tons
which shall be so wrought or gotten and sold in any and
each year, and the rent or royalty of four-pence, Halifax
currency, for every ton of coal of 2240 lbs., (except as afore-
said,) which shall in any and each year, commencing with
the said 1st day of January, 1858, and during the continu-
ance of this grant or demise, be wrought or gotten forth or
out of the said beds or seams hereby granted or demised,
or any of them, and sold over and above the first 250,000
tons, which shall be wrought or gotten and sold in such and
the same year ; the first payment of the said rents or royal-
ties, hereby reserved, to be made on the 1st day of March,
1859, and the rents and royalties which shall be payable for
or in respect of all coal which shall be wrought or gotten
and sold during the portion of a year, commencing with the
first day of January, 1886, and ending with the 25th day of
August, 1886, to be paid on the 25th day of October in the
same year, 1886. And the said association, for themselves,
their successors and assigns, do covenant with our sovereign
lady the queen, her heirs and successors, that the said asso-
ciation and their successors shall and will well and truly
pay or cause to be paid unto our said sovereign lady the
queen, her heirs and successors, through the hands or by
the receipt of the lieutenant governor, for the time being,
of the said province, at the times and in manner afore-
said, the said rents or royalties hereby reserved, or intended
so to be. And that the said association, their successors
and assigns, shall and will, during the continuance of this
grant or demise, keep or cause to be kept, one or more
book or books of account, wherein true entries shall be made
of all such,coal as shall from time to time be wrought or
gotten forth or out of the said beds or seams hereby granted
and demised and sold by the said association, their succes-
sors or assigns, or their workmen or sei-vants, on and from
the said 1st day of January, 1858, during the continuance
120 COAL MINES. [FAET I.
("'hap. 27. of this' grant or demise, distinguishing in such accounts
large coal from the said slack coal. And that it shall be
lawful for the liuetenant governor, for the time being, of the
eaid province, or such person or persons as he shall appoint
under his hand arid. seal from time to time, to have free
access and liberty to inspect and take copies of the said
books of account; and that the said association, their
successors or assigns, shall and will on the 1st Monday in
February, or within two calendar months afterwards in
every year during the continuance of this grant or demise,
deliver, or cause to be delivered, unto such lieutenant
governor as aforesaid, or to such person or persons as he
shall appoint in manner aforesaid, one or more affidavit or
affidavits, to be made by two or more credible persons prin-
cipally employed in or about the working and management
of the said beds or seams hereby granted and demised, that
the entries which shall from time to time be made in such
book or books of account, as aforesaid, do contain a full
and true account of the quantities of all such coal as shall
be wrought or gotten and sold in each and every year
in all or any part of the premises, which affidavit or
affidavits shall be duly sworn before the said lieutenant
governor for the time being, or before some justice of
the peace in the same province. And likewise that the
said association, their successors or assigns, shall and
will annually, during the continuance of this grant and
demise, lay or cause to be laid before the said lieutenant
governor for the time being, upon the oaths of two or more
credible persons, principally employed in or about the
working and management of the said mines, respectively,
a full, true and particular account in writing of the num-
bers, names and situation of the said mines, respectively,
and other competent and sufficient descriptions thereof,
and also of the numbers, names, and situation, and other
competent and sufficient descriptions of all and every the
shafts, adits, levels, drains, and other works whatsoever be-
longing thereto respectively, and the several works thereof
And also a full, true and particular account, to be authenti-
cated as aforesaid, of the number on the average of the two
preceding years of persons employed in and about the said
mines, respectively, and the works thereof And also that
the said association, their successors - or assigns, shall and
will, during the continuance of this grant and demise, keep
and have forthcoming, at all seasonable times, to the lieute-
nant-governor, for the time being, of the said province, or
such person or persons as he shall in that behalf, by writing
under his hand, appoint, with liberty to him and them to
make copies of or extracts from the same, and at some con-
venient place, upon each of the said areas, the coal mines
whereof are hereby granted or demised, or within two miles
thereof, respectively, an accurate plan or plans of the mines
TITLE VI.] .COAL MINES. 12>1
comprised in such area, and of the workings thereof, and of Chap. 27.
all the shafts, adits,- levels, drains and other works whatso-
ever belonging thereto. And also that the said association,
their successors or assigns, shall not nor will, at any time
or times hereafter, during the term hereby granted, assign,
transfer, or set over, or otherwise part with, the premises
hereby granted and demised, or any part thereof, to any
person or persons whomsoever, without the license, consent
or approbation of our said sovereign lady the queen, her
heirs or successors, first had and obtained for the doing
thereof, to be signified under her or their signet, or sign
manuel, or under the sign manual of the lieutenant-governor
for the time being, of the said province, or under the great
seal of the united kingdom of Great Britain, and Ireland, or
of the said province. And also that it shall be lawful for
any inspector or inspectors, viewer or viewers, agent or
agents, to be by the said lieutenant-governor for the time
being, appointed under his hand, at any time during the
continuance of this present grant or demise, when, and as
any of the shafts of the said mines are at work, to descend
by the ropes, rollers, gins, or engines, or other utensils used
at any of the said shafts, of or belonging, or which shall
belong, to the said mines, respectively, or any of them, into
the said mine, shafts or pits, or any of them, to plumbline,
view and survey the works thereof, and to view and see
that the same are regularly and fairly wrought and carried
on, and by the same ways and means to ascend and come
up the said mines, shafts or pits, or any of them, and shall
and may in the doing thereof, have the help and assistance
of the workmen and servants employed in the said mines,
•or of such other person or persons as he or they shall think
fit. And also that the said association, their successors and
assigns, shall and will, from time to time, and at all times
during the continuance of this grant or demise, well and
effectually maintain and support all and every the working
pits, shafts, levels, drifts and watercourses of and belonging
to the said respective mines, with all such timber and deals
and other materials as shall be requisite or necessary for
that purpose, and so as to prevent the same and the roofs
of the said mines from falling in or being otherwise damaged,
and shall and will, at the end or other sooner determination
of the said term, peaceably and quietly yield and deliver
unto such person or persons as our said sovereign lady the
queen, her heirs or successors, shall appoint, under her or
their signet, or sign manual, or under the sign manual of the
lieutenant governor for the time being, of the said province,
to receive and take possession thereof, all the said mines,
and all and singular other the premises hereinbefore men-
tioned, except such f]irnaces, engines, mills, forges, foun-
dries, railroads, implements, houses and buildings, as shall
not be attached to the freehold, in such good order, plight
122~ CUAJLi JttiA'fiS. , [PAET li
('hap. 27. and condition, as fair wrought mines ought to be left, with
- " ^"~ such timber, deals, and other materials as aforesaid, (such
mines as, during the term hereby granted, shall be aban-
doned by reason of their being unproductive only excepted,)
provided always, and it is hereby agreed and declared, and
the said association, for themselves, their successors or
assigns, do accept this grant or demise, under the condition
that in case any default shall be made by the said associa-
tion, their successors or assigns, in keeping such book or
books of account, or in delivering such affidavit or affidavits
as aforesaid, or in the payment of the said rents or royal-
ties hereby reserved, for the space of forty-two days after
the periods hereinbefore appointed for paying the same ;
or if the said association, their successors or assigns,
shall omit or neglect, for the space of any one year during
the continuance of this grant or demise, to lay before the
said lieutenant governor, for the time being, such account
or accounts in writing, as aforesaid, or to keep and have
forthcoming, as aforesaid, such plan or plans, as aforesaid,
or shall at any time or times assign, transfer, and set over,
or otherwise part with the premises hereby granted, or
any part or parcel thereof, to any person or persons
whomsoever, for the term above granted, without the
license, assent or approbation of our said sovereign lady
the queen, her heirs or su.ccessor8, to be signified as
aforesaid, contrary to the true intent and meaning of the
said covenant or agreement in that behalf hereinbefore
contained, then and in every or any of the said cases when
the same shall have been adjudged and declared by any
six or more of the privy council of our sovereign lady
the queen, her heirs or successors, to have arisen or hap-
pened, these presents, and all and every the powers and
privileges hereby granted, shall be utterly null and void,
anything to the contrary thereof in these presents notwith-
standing ; and it is hereby agreed and declared, and our
said sovereign lady the queen doth hereby grant, that dur-
ing the continuance of the grant and demise hereby made^
our said sovereign lady the queen, her heirs or successors,
shall not, without the consent in writing of the said associa-'
tion, their successors or assigns, by lease, license, or other- -
wise, empower Or allow any party or parties to work or get
and enjoy or sell any coal whatsoever in the said province
at a less rent or royaltj^, or on more favoirrable terms in any
respect, than the rent or royalty and terms respectively
reserved by and contained in these presents. And that the
said province shall, before the first day of January, 1859,.
pass, and during the continuance of the said grant or demise-
hereby made, enforce, such legislative enactments, and take
such measures, by the appointment of an inspector and
otherwise as may be required, to prevent the working of
any coal in the said province by unauthorised persons, and
TITLE TI.] COAL MINES. 123
to prevent the sale or export of coal, except the coal which CuAr. 27.
may be sold or exported by the said association, their sue-
cessors or assigns, by any party or parties, and except such as
may be worked on payment of rent or royalty equivalent to
the rent or royalty hereby reserved, and subject to terms
not more favourable than the terms hereby granted to the
said association, their successors and assigns. And further,
that during the continuance of the grant or demise hereby
made, the said province shall not, without the consent, in
writing, of the said association, their successors or assigns,
impose any duty on the export of coal.
In witness, &c.
And whereas in consequence of the grant and demise Preamble,
made by the crown to his late royal highness the duke of
York and Albany, dated the twenty-fifth day of August in the
year one thousand eight hundred and twenty-six, of mines
and minerals in this province, the reservation of minerals in
grants of land from the crown since that period have been
more extensive than had previously been accustomed, and
the said grant and demise having been surrendered for the
benefit of this province, it is proper to confer upon the
parties entitled to such lands more extended rights in
respect of certain minerals therein; and whereas from
general words used in the reservation of mines and minerals
in the grants of land in this province passed previously to
August in the j'^ear one thousand eight hundred and twenty-
six, doubts may arise and a more extended operation be
given to such reservations than is expedient and proper.
5. All letters patent under the great seal of this province Construction of
for granting lands in this province in fee simple by the crown |ards^mfnes"
to any person or body corporate, shall, subject to the restric- r°ser™edTn^''
tion in the seventh section, be construed and held as if the them,
mines and minerals reserved in and by and excepted out of
the operation of the said letters patent had been limited and
confined to gold, silver, tin, lead, copper, coal, iron, and
precious stones only, and all othermines, minerals, ores, and
earths, including iron stones, lime stones, slate stone, slate
rock, gypsum, and clay, contained in the lands granted by
such letters patent, excepting only gold, silver, tin, lead,
copper, coal, iron, and precious stones, shall, by virtue of
this act, be held and taken to have passed in and with the
said lands and as part thereof under the said letters patent.
6. All conveyances and dispositions of any such lands Construction of
shall be construed and held to convey and dispose of the landsMrelards
mines and minerals, the subject of and intended to be mine»> '*''=■
effected by the last section, and comprised within the lands
conveyed or disposed of in the same manner as they would
have done had those minerals originally passed to the
grantees of such lands uiMer the letters patent granting the
same, unless that construction be inconsistent with the
124 CEOWN LANDS. [PART I.
Chap. 28. object-arid intention of the parties as plainly manifest on
such conveyances and dispositions.
Application of • 7. Sections five and six 'shall apply to no mines or
sections 5 and 6. jjj|j^gj,g^lg which shall not by virtue of the surrender or
otherwise be vested in the crown or be under the control
of the legislature of this province, nor to any mines or
minerals which shall be subject to any grant, sale, lease, or
disposition thereof in force and subsisting at the time this
ftcfed?°°'^'^ act shall come into operation, and shall not effect the then
existing rights of any person or body corporate.
,/f.^,_ Ar'.^ *^- /tr^- ^2 2.
CHAPTER 28.
OF THE CEOWN LANDS.
Title of com- 1. The surveyor general and commissioner of crown
missioner. lands shall hereafter be styled "commissioner of crown
.lands."
Duties of. 2. It shaU be the duty of the commissioner of crown
lands, in addition to his present duties, when so required by
the governor in council :
To cause, a survey to be made of all the crown lands within
ten miles on each side of any line of railroad which may be
■first put under contract in this province — such lands to be
laid off in lots of one hundred acres each, except in the
neighbourhood of any railway station, or other desirable
locality, where town lots of smaller dimensions may be
laid off.
To prepare and cause to be lithographed, plans or maps
of such lands, with the lots numbered, and the course of the
railroad, or of any streams or public roads running through
the same, and the price of the lots clearly indicated
thereon.
To sell, without reference or delay, where there is no
adverse possession, at such price as may have been afSxed
by order of the governor in council, any such lot, to which
the title of the crown is clear.
To forward to every emigrant agent in the united king-
dom copies of such plans, with a public advertisement of
the lands thus offered for sale.
To correspond with the commissioners of lands and
emigration in the united kingdom, or other legally constituted
aiithorities within the same, supplying them, from time to
time, with information, and co-operating with them for the
speedy sale and settlement of the public lands.
To collect, through the deputjtserveyors in each county
annual returns of the number of tradesmen, mechanics,
TITLE VI.] CROWN LANDS. 125
laborers, and apprentices, which the formed settlements in Chap. 28.
such counties would probably require.
To transmit copies of such returns to the commissioners
of lands and emigration in December, in each year, and ge-
nerally to superintend and facilitate the transmission and
location of such immigrants as may land at any port within
the province, of which he shall have diie notice.
3. The governor in coimcil may from time to time modify, Governor may
alter or change the above regulations, such alterations to tions.''' "^^^ *'
be published in the royal gazette, and laid before the legis-
lature at the next ensuing session.
4. The commissioner of crown lands and any deputy commissioner
surveyor who may bo commissioned for the purpose by the dia^n of young
governor shall be the legal guardian of such young persons persons landed
1 1 J 1 i.1, ■ n J.1 J.1 -J. 1 "^ immigrants.
as may be landed m the provmce under the authority and
at the expense of the commissioners of lands and emigration
or of any legally constituted board, having the sanction of
her majesty's government — such officers having power
to bind by indenture, such young persons until they are
twenty-one years of age, and to protect them from ill treat-
ment or neglect, by appeal to the ordinary tribunals, in as
ample a manner as any other apprentices are now protected
by law ; but no greater number of such young persons
shall be so protected than shall have been forwarded to the
jprovince on requisition from the commissioner of crown
Jands ; and the expense of maintaining them after their
ai-rival, and forwarding them to their destination, and of the
requisite indentures, shall be paid or refunded by the persons
to whom they are bound.
5. The governor in council may direct the surveying Goromor to di-
and laying off in manner hereinbefore mentioned, of other onamhr^'"^
lands than those mentioned in section two, and may direct
prans thereof to be prepared, and such other steps taken in
relation thereto, as may be deemed advisable.
6. It shall be the duty of the deputy surveyors in the ^"4^°"/'"''^
different counties :
To collect information within their counties relating
to the ungranted lands therein, the qualitj'^, description,
and value of the buildings on the occupied portions thereof,
and the quality of the soil, and the quantity and quality of
the timber theeron, and transmit the same to the commis-
sioner of crown lands.
To receive and transmit to the crown lands office all
applications for grants — the same, where no previous sur-
vey has been made, to be accompanied by a plan of the
lands applied for upon a survey and running out thereof by
the deputy surveyor, made at the expense of the applicant ;
and also by a report setting forth the quality, situation,
and value of the land, and whether any, and what portion
thereof has been occupied or improved, and by whom, —
when a survey shall have been previously made to refer spe-
126
CEOWN LANDS.
[part I.
Returns of de-
puty surveyors.
Price of un
granted land.
Grants.
Chap. 28. cifically thereto, and to the number of the lot on any plan
thereof' and the state of the land at the time of the appli-
cation; and whether it has been occupied, and if so by
whom, and what in his opinion is the then value of it — the
value in either case if improved to be estimated as if in its
original state, and separately taking into consideration such
improvements. ' ^
7. Every deputy surveyor at the expiration of each quar-
ter of the year shall make and transmit with a return or list
of surveys to the crown lands commissioner, and affidavit
in the following form:
I , deputy surveyor for the county of , do
swear, that the several lots of land described in the above
list have been actually surveyed in accordance with the
plans thereof, that all the corner bounds have been set up
and that the lines have been well marked. So help me God.
■ Sworn to before me at [place] )
this [date]. >-
-J-P-. )
8. The governor in council may", from time to time, sub-
ject to the previous provisions, settle the price to be paid
for ungranted lands, and the manner of making application
therefor.
9. Any of her majesty's subjects may, upon due applica-
tion to the commissioner of crown lands, subject to the
operation of the previous provisions, become the purchaser
of such lands as may be for sale, and he shall immediately
pay the price and be entitled to posession, and to a grant in
fee simple, subject to such reservations and conditions a-s
may be deemed necessary.
1.0. If, at the time of any application, there was any
dwelling house on the lands in which any person other than
the apphcantthen and for a year previously had continually
resided, or in case five acres at least of the land had been
cleared or cultivated during such person's actual possession,
and had been for at least one year in his constant use, then,
unless such fact shall have been communicated to the com-
missioner before the passing of the grant, the governor in
council may, within two years from the passing thereof, if it
shall appear proper so to do, declare the grant to be vacated,
and the same shall thereupon become void.
11. The governor in council may, from time to time, sell
or lease any lands, at such price, and for such tenure, time
or use, either as regards the land, or timber, quarries, or
mines thereon or other benefit to be derived therefrom, as
may be deemed expedient.
12. The governor in council may, reserve lands for the
use of the Indians ; may divide existing reservations, and
vest in the commissioner of crown lands the title to such
lands and the duty of protecting the rights of the aborigines
who are disposed to settle thereupon.
Whijn grants
may be declared
vuid.
Governor may
sell or lease
lands.
Reservation of
lands lor In-
dians.
TITLE VII.] MILITIA. 127
13. All surveyors appointed by the commissioner of crown Chap. 29.
lands as his deputies shall administer an oath to their chain- ]>puty survey-
men before they proceed upon any survey, that they will well °o admmSer''
and truly perform the service according to the best of their oatka.
skill and judgement under the directions they shall receive
from such deputy surveyors.
14. Anv principal deputv sxirveyor or land surveyor Surveyors may
. J t- f J . ^ •', . , •' , . „ , , •' pass, &o. over
authorized as mentioned m section twenty-nine ot chapter one any land,
hundred and forty-seven when engaged in the performance
of the duties of his profession, may pass over, measure
along, trace, and ascertain the bearings of any township
line, or the line of any grant or other governing or side
line ; and for such purposes may,Vith his assistants, pass
over the lands of any person whomsoever, doing no actual
damage to such lands ; and no action shall lie against any
such surveyor or authorized person for any act done under
or by virtue of this section.
TITLE YII.
OF THE NATIONAL DEFENCE.
CHAPTER 29.
OP THE MILITIA.
1. Every man of the age of sixteen, and not over sixty Persons iiaWe
/■ 1 11 1 R J • ii- ■\-±- to be enrolled.
years of age shall be enrolled m the militia.
2. The militia shall be formed into regiments by coun- Kegiments how
ties, and the regiments, where the counties are sufficiently diVTdMi'intY
populous, shall be divided into battalions, to consist of not i^attaiions.
less than three hundred nor more than eight hundred men.
3. For the purpose of conveniently assembling, the bat- Battalions di-
talions shall be formed into companies, by districts of not panies ; how
less than thirty nor more than eighty men. For every °"^"^'''^'i-
company of not more than sixty men there shall be one
captain and two subalterns, and every larger company may
have an additional subaltern.
4. The governor shall affix the limits comprising the K°V'^f^at^"
regiments or battalions, and the field officers and captains taiions and
shall- regulate the limits of the districts of the companies, «»'^|"°i««' '^o^
and the number of men to be enrolled in each company,
whose names shall be registered by the clerk in a book to
be kept by him for the purpose, which shall be ready at all
times for the inspection of the officers.
5. A fit and proper person shall be appointed adjutant f^j,"i*t*i;^t
of every regiment, who shall attend meetings for drill or and duties of.
128
MILITU,
[PART I,
Chap. 29.
Remnneration
of adjutants.
Adjutant gene-
ral—salary,
exemptions.
Governor em-
powered to pro-
, vide fire arms,
&c., on emer-
gency.
Sale of unser-
viceable arms,
Purchase of
improved arms,
<to.
Small compa-
nies formed in
certain cases.
Limits con-
firmed.
Of flank compa-
uics.
training of his regiment, or of any company or detachment
of such regiment then and there under the directions of the
colonel of the regiment or commanding officer of such de-
tachment, and shall inspect the arms, accoutrements and
ammunition of the men, superintend their exercises and
manoeuvres, and introduce a proper system of discipline,-
. agreeably to orders received from the colonel of the regi-
ment, and perform all other duties appertaining to the office
of adjutant, as the colonel of the regiment shall direct.
6. Every such adjutant shall receive ten shillings per
day for his services for every day he shall be employed, but
the whole sum to be received by any adjutant not on actual
service shall not exceed ten pounds in any one year. The-
governor shall draw a warrant on the treasury for the
amount due on the certificate of a colonel and the majority
of the captains of the regiment that the adjutant is duly
qualified, has attended all meetings of the regiment, and of
the companies thereof, for training and discipline, distri-
buted orders and made up returns, and in all other respects
performed his duties.
7. The adjutant general shall receive a salary of eighty
pounds, and the quarter master general a salary of forty
pounds per annum. They shall be exempt from serving on
juries and from serving in any civic office in Halifax, and
their correspondence on militia duty shall be exempt from
postage.
8. The governor in council may, in case of any emer-
gency, provi'de such additional number of fire arms and
accoutrements for the use of the militia as shall be deemed
adviseable at the expense of the province.
9. The governor in council may caUs£ so many of the
rifles, muskets, and other arms and accoutrements of the
militia throughout the province as shall be considered
unserviceable, to be sold by public auction, in the respective
counties where they are now deposited, and the net pro-
ceeds of such sales to be paid into the treasury.
10. A sum not exceeding two thousand pounds, may be
expended by the governor in council, in the purchase and
importation of improved arms and accoutrements for the
use of the militia.
11. In places where the men liable to serve are not
sufficiently numerous to form a complete company, smaller
companies may be formed ; and where the number shall not.
exceed twenty, one officer, and exceeding twenty and not.
over thirty, two officers shall be appointed for the same.
12. The limits already formed shall remain until altered.,
13. Flank companies shall wholly consist of light infan-
try or riflemen, except where grenadiers are already formed,
and shall contain such numbers as the governor may deter^
mine, and there shall not be more than two such companies
to. any one regiment.
TITLE VII.] MILITIA. 129,
14. The governor may establish artillery companies and /^hap. 2J.
troops of cavalry, and limit the numbers of ofHcers and c<Jufpanies'^nd
men. Artillery companies now formed shall continue until troops of oa-
otherwise ordered. ■ ™ ^'^'
15. No flank company shall be formed without the Fiankoompo-
limits of the regiment, except in the first and second Halifax- umite of tL -.c-
regiments, in which the men may reside within the limits of i^n^Tu^xr'''^
the city.
16. Every man enrolled in an artillery, grenadier, light Emjoimen^Hn
infantry or rifle company, or troop of cavalry, shall continue cartain oases.
in his company or troop for five years from the date of his
enrolment, unless he shall remove from the district or be
discharged by the captain, with the approbation of the
colonel. ■
17. The governor may invite the formation of artillery, ■^"enldJe'fMit
grenadier, light infantry, or rifle companies, or troops of infantry, or
1 J. 1. J r 1 i. 1 J. i.1, n rillo companies,
cavalry, to be composed oi volunteers between the ages oi and troops of
eighteen and fortj'-five, in the several regiments or battalions, ''"■'•"'^^'i'-
and to be commanded by oiEcers appointed by the governor,
upon a certificate being made by the commanding officer of
the regiment or battalion, that such officers have been chosen
and approved by the several companies, or a majority of
them.
18. In case of arms being distributed to the militia J^l^'j^''"'''"" "^
within any regiment or battalion, such volunteer companies
as shall have been formed, shall be first furnished with arms.
19. When the governor shall order any number of men volunteer eom-
for actual service, from any regiment or battalion, they shall aot'uai sorviee.
be drafted from the volunteer companies, and where such
volunteer companies shall have been formed, they shall; in
all cases, be considered as the first class for actual service,
and no drafts slrnll be made from other than volunteer com-
panies, until the whole of such companies have been called
into actual service.
20. The several provisions of this chapter shall ex- Jaurtia'iaw°fx-
tend to such companies in so far as they are applicable i^taereompa-
thereto. nics.
■ 21. The dress of such companies, and the horses of such Dress-horses.
troops of cavalry, shall be provided by such volunteers at
their own expense.
22. Volunteers serving in such companies shall be whlTexe^tcd
exempted from statute labor, except in respect of cattle from.
and teams, and from serving oil juries, or in the office of
constable.
23. No fees shall hereafter be demanded on militia com- '^J^^^^"'"^'
missions.
24. Artillery, grenadier, light infantry and rifle com- nldi'e?,^ii'gltfn
pani&s, and troops of cavalry, at any meeting convened by com'^an^es'to""
the captain, of which three days' notice shall be given, may, make rules for
by vote of the majority present, make rules for their govern-- lu'e^ut, Te.^'^'^'
ment, dress, drilling and discipline, and may impose a, fine ,
130
MILITIA.
[part I.
Chap. 29. not, exceeding forty shillings for breacL of any such rule,
but no rule made under this section shall be acted upon. till
approved by the captain and the colonel.
Ii5. If any member of any troop shall dispose of his
horse ^vithout the consent of the captain he shall forfeit
ten pounds.
26. The captain shall enrol every man residing within
the limits of his company, who is liable to serve therein, and
every man who shall not, within one month after his becom-
ing liable to serve, give in his name and place of residence
to the captain in order to be enrolled, shall forfeit ten
shillings.
27. Any man-removing without the limits of his company
shall, within ten days thereafter, give in his name, age-, and
place of residence to the captain of the district into which
he shall have removed for the purpose of being enrolled
therein, under a penalty of ten shillings.
28. If any difference shall arise between the captain and
any man concerning his age, it shall be incumbent on the
man to prove his age.
^ 29. If any man shall neglect to enrol himself, and shall
in consequence be absent from any muster, then, in addition
to the fine for not enrolling himself, he shall be liable to the
fine for non-attendance at such muster.
30. Every man in the Halifax regiments shall be bound
to do his duty in the company in which he Avas enrolled
before the first day of October in every year, and shall be
deemed to belong to that company for the year next follow-
ing, notwithstanding any change of residence, within the
limits of his regiment.
31. Any man in the Halifax regiments who shall move
out of the hmits of his company, shall, within one week, give
notice of the same to the clerk of the company of his new
place of residence, under a penalty of ten shillings.
32. The captain with the approbation of the colonel,
shall appoint a clerk of the company, sergeants, corporals,
drummers, and if necessary, buglers, and pipers, and any
person refusing such appointment, or accepting and after-
wards neglecting his duties therein, shall forfeit forty
shillings.
33. Any person having an appointment under the last
preceding section shall continue therein . notwithstanding
hi^ removal from the limits of his company, but he shall not
be obliged to serve out of the limits of the regiment, within
which he may reside, unless on actual service.
34. Every clerk of a company shall make the following
oath before a justice of the peace: — " I, A. B., do swear
truly to perform the duties of my office as clerk of the
company of militia, under the command of ,
to the utmost of my skill."
t?oEa'addS. 35. The clerk shall be exempt from draft for actual ser-
Horse not to bo
disposed of by
momber uf
troop.
Captain to enrol
mou, ifec.
Any man remo-
vinj5 out of dis-
triot to give
in liis name,
iiC.
Age disputed,,
by wIioiQ to be
proved.
Fine for non-at-
tuudanco when
not enrolled.
JTalifax regi-
ments in what
company to do
duty.
Men to give no-
tice of removal.
Clerlts of oom-
jjanies, ser-
geants, Ltc, hovr
appointod.
Not obliged to
serve out of
ru^inieucdl
limits.
Clerk's oath.
TITLE VII.] MILITIA. 131
vice. He shall keep a register of his company, and furnish Chap. 29.
to the noncommissioned officers lists of men whom they are
to warn for muster, and shall take lists of the company when
required by the captain, and attend upon officers making
inspection of arms, and shall attend the meetings of the
company, and when ordered, prosecute for all fines in the
name of the captain.
36. If a clerk shall neglect his duty, he shall forfeit not of^ut"^°*='°°*
less than one nor more than five pounds for each offence,
to be recovered in the name of the captain.
37. The colonel of every regiment shall appoint a ser- an^^f iT'^'"
geant major, and a clerk for the same, and an additional regiment te be
clerk for every division thereof which cannot, from local tx&acierk's.
circumstances, be assembled at the place of general rendez-
Ifous ; but no more than one additional clerk shall be
appointed in any one regiment.
38. The sergeant major and the regimental clerk shall ^^Ji"''??.
be exempted from draft for actual service, and the clerk oierktote'
shall be sworn into office and be subject to the same ™°™'
liabilities as a clerk of a company, to be enforced by the
colonel.
39. Every captain shall before the first day of November Returns by cap.
in every year, and oftener if the colonel shall require it, neisf "^^ "" ""
make returns of" the strength of the company and of the •
arms thereof; and the colonel shall before the first day of
December, make out, for the adjutant generd, a return of the
strength of his regiment and of the arms, and the amount
of fines collected, and the expenditure thereof, with vouchers.
40. The returns shall be in the form prescribed by the ^o™ "f re-
adjutant general,
41. Any officer wilfully making a false return shall be Fine for falsa
cashiered by sentence of a general court martial, and shall
pay a fine of twenty pounds.
42. Any colonel neglecting to make the return herein- Fine for ne-
before prescribed shall forfeit twenty pounds, and every make rftnrns
captain neglecting to make such return shall forfeit fivfe
pounds.
• 43. Every freeholder of the age of twenty-one years Arms to be dis-
enrolled in the militia shall after twenty days' notice, attend and to'whom^
at the place of distribution of arms and accoutrements, when
he shall recei"s^ a musket or rifle, and cartouche box capable
of containing eighteen rounds of ball cartridge, and a bay-
onet or sword suitable for such musket, or rifle, with proper
belts for the same; such accoutrements 'to be of the same
kind as used in her majesty's service.
44. Upon receiving his arms and accoutrements, each Bond on receipt
man shall give a bond in the following form : '
" Know all men by these presents that we, A. B. and C.
D., are held and firmly bound to our sovereign lady the
queen in the sum of five pounds, to be paid to her majesty,
her heirs or successors, for which payment, well and truly
9
132 MILITIA. [PART I,
Chap. 29'. to be made^ we bind ourselves, and either of us by himself,
our and each of our heirs, executors and adininistrators,
firmly by these presents, sealed with our seals and dated the
day of ,_ A. D. 18—.
The condition of this obligation is such that if the above
bounden A. B. shall at all times hereafter safely keep in
good and serviceable order and condition, and have ready to
return when called for by the commanding officer of the
regiment, [or battalion as the case may be, specifying tJie par-
ticular regiment or battalion to which such freeholder may
belong] one musket, &c., [specifying the arms which may have
been received by such freeholder] which have been issued to
him under the provincial laws regulating the militia, and
shall in all things perform the provisions of such laws
touching such arms and accoutrements, then this obligatiaji
shall be void.
Signed, sealed and delivered in the )
presence of . )
A. B., (L. S.)
C. D., (L. S.)"
Bond where ^5. All bonds given under the last preceding section
lodged; penalty shall be lodged with the captain, and any freeholder who
ing arms. shall uot reccivo the arms and accoutrements and give such
■ bond, or who shall not within the time limited provide him-
self therewith at his own expense, shall pay a fine of two
pounds..
Foe on filling 46; Every freeholder giving such bond shall pay one
up bond. shilling to the person who shall fill up the same.
Sureties to 47. Any man over twenty-one, not being a freeholder,
shall receive arms and accoutrements upon giving bond,
with one surety being a freeholder ; and any man under
twenty-one shall receive the same upon giving bond with
two such sureties.
Arms to he re- 48-. Every man when tliereunto required bv the captain,
turned when re- iii.t.' ^ , , -t i. p
qaired by cap- Snail rotum nis arms and accoutrements under a penalty oi
tain. Q^Q pounds, and if the bond be not forthcoming the receipt
of the captain shall be a discharge thereof
Ammunition, 49,. E'^rery man when required by the order of the goyer-
vided°bymSi. nor, shall;. at his own expense, provide himself with a set of
straps for carrying a great coat or blanket, a pricker and
brush to clean the' pan of his musket or ri§e, also with a
leathern or canvas knapsack with straps and buckles, three
good flints, eighteen ball cartridges of a size to fit the
musket or rifle, and forty buckshot, under a penalty of ten
shillings.
aioeaTmuster' ^^' ■^"•^' ™^" appearing at a muster without his musket
unequi ™"a." or rifle, sliall forfeit ten shillings, and he shall further forfeit
one shilling for every article enumerated in the last preced-
ing section which he shall have omitted to bring, — flints,
cartridges and buckshot to be respectively considered one
article. , • .
TITLE VII.] MILITIA. 133
51. The. captain shall prejpar© a list of the men in his Chap. 2{>.
company who are not obliged or able to give security, or ^rms for per-
to provide arms at their own expense, and shall receive the ^""^ "?»' siving
arms and accoutrements requisite for them, for the custody provided.
• and return whereof he shall be responsible, and shall give
receipts for them in duplicate, one to be entered in the
orderly book and the other to be given to the adjutant
general ; and every captain who shall not within thirty days
after public notice that such' arms and accoutrements are to
be distributed, prepare such list, receive such arms and
accoutrements and sign receipts therefor, shall forfeit five
pounds and be deprived of his commission.
52. Colonels of regiments and captains of troops or coioneis ami
artillery companies shall .be responsible for arms and accou- reapois?bi?for
trements delivered for them, for which they shall give a ''™^' *"•
receipt to the quarter master general.
53. The arms shall be distinctly numbered and marked Arms how
with a brand on the left side of the broad part of the butt "'^'^
with the county and number of the regiment, and with the let-
ter M; the brand to be provided at the county expense and
furnished to the colonel, who shall cause the arms to be
branded as prescribed by this section before they are issued.
54. The captain shall lodge the arms and accoutrements Arms where to
in a suitable place to be delivered to the men as he shall ° " s® ■
order, and every man shall return such arms to the place of
deposit within twenty-four hours after performance of the
service for which he received the same,, under a penalty of
five shillings for every day's neglect.
55. Every man who shall convey any such arms or Fine for selling
accoutrements out of the limits of the regiment except arm?r&o.'°°
when on duty, or shall dispose thereof, and any person who
fehall receive the same, shall forfeit Jve pounds for every
musket or rifle and ten shillings forevery article of accoutre-
ment.. And every person who, without authority, shall
convey any such arms or accoutrements on board of any
vessel to carry them out of the county,, and any person who
shall receive them for such purpose, shall forfeit ten pounds.
56. If information upon oath shall be given to any persons about
justice of the peace that a person offending under the fore- armtr&e.?may
going section, who is not a freeholder, is about to remove be arrested.
out of the county with such arms or accoutrements, the
justice may issue his warrant for the apprehension of* such
person to answer the offence.
57. Any person charged with disposing of or with Persons restor-
J r b r- o , . , , mg arms, &a.,
receiving any arms or accoutrements,, who shall immediately entitled to a re-
restore the same, shall be entitled to a remission' of half the Se peSaity."^^
fine or term of imprisonment.
58. The colonel shall oace in every year, and" oftener if Arms, &o., to be
he shall think it necessary, order an inspection of the arms, coionei'd order. '
accoutrements, and ammunition of the several companies
under his command, to be made by one oflScer of each com-
134 MILITIA. [part I,
Chap. 29.. pany, attended by the clerk, calling- at the abode of each
man and making a return of their condition ; and every man
whose arms and accoutrements shall be in an unserviceable
condition, or who shall be deficient in any of them, shall- be
subject to the like penalty for every such defect as if the*
same had occurred at a muster.
Arms, &o. to be 59. Before removing out of the limits of his company,
removal. ^ ""^ every man shall return to the captain the arms and accoutre-
ments ■ which he shall have received in good and service-
able condition, under a penalty of five pounds. _
Fine forarms, 60. If any man shall appear at a muster with his arms
emg ir y. ^^^ accoutrements in a dirty or unserviceable condition, he
shall pay not less than two shillings and six pence, nor more
than ten shillings.
Armssubjeetto 61. Until arms shall be orde'red for distribution, the
ferbefwe dii govemor may make any order for storing and keeping them
tribntion. j^ order.
Drilling to be 62. The govemor may make orders for the disciplining
temTr's or^*er. of the militia, prescribing the number of days for drill, not
to exceed three days in the year, and the mode of' assem-
bhng ; and unless some exigency shall require, there shall
be but one day's meeting for drill, at which the first class
militia shall attend, and the governor may dispense with any
meeting.
Fine on colonels 63. Every colonel who shall neglect to give orders for
ita'iegJeotfng the assembling of his regiment by companies, as required
or£*™"''°^ ^y *^® general orders, for training, shall forfeit twenty
pounds ; and every captain who shall neglect to obey the
orders in this respect shall forfeit five pounds.
Fine for non- 64. Any man who shall, upon notice, neglect to attend
attendance and .,■, . "ie ■ , in r Ii, £ j. rr 1
refusal by men Without sumcient excuse, shall pay lor the nrst onence ten
to do duty. shiUings, for the second offence fifteen shillings, and for every
subsequent offence one pound. Every man on parade
refusing to perform the duty required of him, or departing
from his company without leave from the colonel or captain,
shall pay not less than five nor more than twenty shillings,
to be imposed by the colonel or captain.
noticeofSt^nj!: ^^' ^® clerk shall notify every person fined for non-
6f board of attendance, either personally or by writing left at his last
appea . place of abode, that at a certain time, the same not to be
■less than four days after such notice, and at a place therein
to be mentioned, a board of officers will hear appeals.
Frmed ^°^ ^^' '^^^ colonel may form boards of officers to hear
appeals, 'to consist of one field officer and two captains, or
of three captains, or of two captains and three subalterns,
or of one captain and four subalterns, and shall by regimen-
tal order appoint a day for the meeting, not to be longer
than tfairt5^ days after musters, and every captain shall have
notice thereof.
J'o^or Mi^d duty 67. The board may remit any fine, on pro of ofsickness
■of the man or of one of his family requiring his attendance,
TITLE Vir.] . MILITIA. 135
or of unavoidable accident rendering i-t impossible for him Chap. 29.
to reach the place of meeting, or the sudden occurrence of ^
urgent business, the postponement of which would seriously
have injured his affairs, but shall remit such fines upon no
other grounds; All fines confirmed by the board shall be
certified in a schedule to be signed by the president.
68. Every man shall receive at least three days' notice Notice of mus-
of the musters at which he shall be required to attend, howliven """^
to be given to him in person by any commissioned or
non-commissioned officer, clerk, or private having the
written orders of the captain, or if he cannot be found to
be left at his abode ; but in the latter case, if the man shall
not receive the notice, he, may prove his ignorance thereof
either to the captain or to the board of appeal.
69. The commanding" officer at any muster may name Notioe-of re-
another day for re-assemblingj and his orders then given |f^®™''^'°^''°'
shall be a notice to every man who shall have been notified
of the first day of meeting.
70. When a captain shall accept of an excuse for non- Captaiiia to .re-
attendance, he shall, if required by the colonel, make a non-aUend- "'
written report thereof, and for neglecting to do so shall, for- '^^'"^■
feit two pounds and ten shillings.
71. Any officer under the rank of a lieutenant colonel Fines for non-
failing to attend a meeting without a reasonable excuse, offioeM?"*"' "^
shall, if a major, forfeit five pounds ; if a captain, three
pounds ; and if a subaltern two pounds ; and the adjutant
shall receive one-fourth of the penalty for , his trouble in
collecting the same.
72. In case of invasion made or threatened, the gover- in ease of jnva-
nor m"ay call into actual service the militia, and may order may b^'iaited
any part thereof to march from one part of the province to ^to actual ser-
another.
73. The governor may accept the voluntary service of of voluntary
any of the embodied militia for the defence of New Bruns- fence'or New'
wick against the common enemy; and .while serving in that Brunswick,
province they shall be governed by the laws made for. the
government of the militia of this .province and by no'ne
other.
74. In case of any sudden attack made or threatened, sudden attacks
where the governor cannot be immediately consulted, the agains™^^"^^* '
commanding officer shall, if he think it necessary, call out
the militia for actual service. And if any invasion or attack
shall be made or threatened in any place where the officer
commanding in the county cannot be consulted, the militia
may be called out by the. officer in command there, and a
report shall be made to the commanding . officer in the
county, who shall despatch an express to the governor noti-
fying tlie danger, and strength and motions of the enemy ;
and the commanding officer may impress in such service,
men, horses, boats and carriages, as the nature of the case
may require, a reasonable compensation for ■whichshall be
136 MILITIA,: . [PAET I.
Chap. 29. made -to the owners; and the governoi: in council, on the'
certificate of the commanding officer and any two captains,
shall draw on the treasury for the amount.
Rosters in case . 75. "When any part of the militia shall be called into
of actual ser-. ^^^^^ -gervice, all duties, except in cases of grfeat emer-
gency, shall be regulated by rosters, to be framed as here-
inafter directed.
Men to be class- 76. The coloncl of ovcry regiment. Under the orders of
cdfor.servioe. ^^^ governor, shall cause the captains to divide the men
into two classes, the first to consist of all the able men
from the ages of eighteen to forty-five, inclusive, which shall
be the first for service; the second to consist of those over
forty-five and under eighteen, which shall be considered the
second for service.
If defic'ency of 77. In caso a suflSciency of arms shall not be provided
to"?! first pro! by the province for the whole of the militia, the whole of the
Tided for. £j.g^ gjj^gg gij^u jjg provided with arms and accoutrements
before any of the second class.
Ballots for ros- 78. The captain shall cause a ballot to be made of the
how preparld. first class for forming a roster or list, whereby the men may
be called into actual service in manner following :
First — Each name shall be written on a piece of paper
which shall be rolled up and put into a box or a hat, and
■well mixed; all pieces of paper so used to be of equal size
and rolled up in the same manner.
Second — Pieces of paper of equal size rolled up in the
same manner and numbered from one to the extent of the
number of the men, shall be mixed together in another box
or hat.
Third — Two persons, to be nominated by the captain,
shall alternately, until the whole are drawn, publicly draw
the names, and the clerk shall make a list of such names as
they are drawn, and as each name is drawn shall put the
number thereof opposite to such name, and from such list
the clerk shall form a roster,
tiucry k^oms""" 79- Troops of cavalry and artillery companies shall be
eiTsS drafted and classed for actual service in the same manner.
Men for actual 80. When the governor shall order any number of men for
nlshe^d and*^"'' ^'^tual service, they shall be furnished in as exact a propor-
drawn. tion as possible to the number of effective men; and every
company or troop shall furnish its proportion from the first
class, according to the roster ; and every man so liable to
serve, unless prevented by sickness or other sufficient
cause, shall go or find an approved substitute, and in default
shall be liable to a penalty of ten pounds, and if the same
shall not be paid,' may, by the commanding officer, be impri-
soned for three months, and the next man on the roster shall
serve in his place, who shall have the whole of the fine if
he shall go or find a substitute; but if he refuse or neglect
to go, he shall be liable to the same fine and imprisonment,
and the next man shall be called out, and he shall have the
T5TLE VII.] MILITIA, 137
last mentioned fine if he by himself or a substitute, shall Chap. 29,
serve, and so as often as such case shall happen ; but no
man shall receive more than one fine of ten pounds.
81. If any part of the company shall be called out Rotation of aer-
oftener than once in four years, no man who has served
shall be liable to serve again until all the efiective men shall
have served personally or by substitute.
82. No Quaker shall be subject to such fine ; but in case Provision in
he shall refuse to go or to find a substitute, the captain may ''^se of Quakers.
procure a substitute for him, and the Quaker shall pay the
expense thereof, the same not to exceed ten pounds.
83. When any man shall remove from the limits of the Cases of remo-
company to any place within the limits of another company, I^ to" roster.'**"
he shall fall in on the roster immediately before the man
who has drawn the same number. ,
84. When there are two or more sons residing in the Exemptions for
family of their father or mother for one year preceding who or more sons'"
shall be liable to be ordered for service at the same time, I'.O'We to ser-
one shall be excused, and the next on the list shall be
called.
85. If any person aged sixty years or upwards, or any Exemption in
widow, shall have a son, grandson, or apprentice, on whom ptndant !«- ^'
he or she shall be dependant for support, living with him or ^°°^-
her for twelve months preceding, he shall be exempted so
iong as he resides in the family and contributes to the sup-
port of the same.
86. Whenever a proportion of the militia of the city of Assessment
Halifax shall be called into service, the colonel of the regi- Se^armyOT^'"
ment to which clerks, storekeepers, mechanics or laborers Sffa;^''^"^""
belong, who are employed in any department of the army
or navy, may apportion the number of drafts which they
ought to furnish, and procure substitutes in their places on
the most reasonable terms, and the expenses shall be asses-
sed on them in proportion to their daily pay by the colonel
with the assistance of the two captains.
87. Every person assessed under the preceding section i-iowievieo.
shall, on notice, pay the amount to the colonel, and on
refusal any justice upon complaint of the commanding officer
may issue his warrant of distress upon the offender's goods
and sell the same, and for want of goods may commit him
to jail until the amount assessed be paid; but any such per-
son may procure a substitute or serve personally, and may,
On receiving due notice of the duty required of him,
■declare such intention.
88. Whenever any of the militia shall be ordered into Fine for non-
actual service, any n^an who shall refuse of neglect to obey w*!?!? JiTers in
the order and shall not march and proceed to perform such gej^ioe.^"''"''^
service as may. be required either by himself or his substi-
tute, shall be confined by the commanding ofiicer and be sub-
ject to a fine, of ten pounds, and in default of payment to
three months' imprisonment. . '
l-SS MILITIA.- : [PAET U
CfiiAP'. 29. 89. When on actual service the officers, non-commissioried
Pay in cage of ofRcers, trumpeters, drummers, pipers, buglers, fifers and
actual service, privates shall be entitled to the same pay, allowances and
rations as her majesty's regular troops, to be reckoned froEa
the day they march on actual service until dismissed by the
• governor, and at the time of their dismissal they shall be
allowed a number of days' pay to defray their expenses to
their usual places of abode, according to their distances, at
the rate of fifteen miles a day.
Ti-easury liable 90. If the pay to persoBs Under the rank of commis-
a certiSf rate.^ sioned officers shall not amount to the rates following, clear
of deductions, that is to slay: to sergeants, two shillings
per 'day ^corporals, trumpeters, drummers, buglers pipers,
or fifers, one shilling and six pence per day, and privates one-
shilling and three pence perttay, the governor in council at
the time of payment may draw on the treasury for the?
Amount of the deficiency.
WatoMn;and 91. The duties of watching and warding shall be equally
YAeocoT?^"' distributed amongst able bodied men of the district as well
officers and those exempted from muster as others, accord-
ing to a roster to be kept by the captain of every company,
and every person refusing to perform his turn of duty shall
forfeit ten shillings.
Prov;sion for 92. When by the direction of the governor guards shall
fa^or." ^^^^ be kept so that the watching and warding performed by-
any One man shall exceed six days or nights in one year,, the'
governor may pay every such man for the excess over that
time according to the rate hereinbefore mentioned upon
certificate of the colonel.
Kne for false 93. Every person wilfully making a false alarm shall for-
alarm. ^^j^ ^^^ pOUnds.
Expense for de- > 94. In any district exposed to attack by water, the ses-
fence of dis- . j. j. r S • t ■ j-i
triols exposed sious, ou presentment ot the grand jury, may a-ssess the sum-
waterrhowiffo- necessary for providing armed boats for defence, to bounder
vided. the direction of the commanding officer: and when no
longer necessary they may be disposed of by the- ses-
sions.
Articles of war 95. In casc of an invasion or imminent danger thereof,
sioft'may b"™' when the militia shall be called out for actual service, such
prtaoribed. ^jf ^j^g articles of War for the government of her majesty's
forces as the governor in council shall consider applicable,
and shall be made to conform to the provisions of this chap-
ter, shall be prescribed for, and shall be binding upon
the militia, and shall be judicially taken notice of by the
courts.
Sentence of ' 96. No officer in her majesty's regular forces shaU sit in
ma"rKai only in any court martial in the mihtia service, nor shall any sen-
certain cases, tonce of general court martial extend to death, unless for
desertion to the enemy, for mutiny, traitorous correspon-
dence with the enemy, or traitorously delivering up to the
enemy any garrison, fortress, post, or guard.
TITLE Vll.] MILITIA. 13^,
■ 97. No man serving' in "the militia shall be whipped, or Chap. 29.
otherwise corporally punished, in any case except by porpovai pun-
imprisonment. No sentence of any court martial shall dV"™ntenS
be carried' into execution until approved of by the go- tdbTap^roved^
Vernor. ^y governor.
98. The governor may by warrant constitute general General oourta
courts martial for the trial of all offences made cognizable Snstuuted7
therein by the law, or the articles of war applicable to the
militia, to consist of npt less than thirteen commissioned
oflScers, the president to be a field officer.
99. Every such officer, before any trial, shall take the Oath of officer
following oath, to be administered by the. judge advocate : *"'^°™'™i-
'* I, A. B., do swear that I will duly administer justice
according to the laws for regulating the militia, without
partiality, favor, or affection ; and that I will not divulge-
the sentence of this court until it shall be approved by the
governor, and that I will not disclose the vote or opinion of
any particular member of the court martial, unless required
to give evidence thereof, as a witness, by a court of justice, no sentence of
■ 100. No sentence of death shall be given against any ^^eive'^offioers
offender by such general court martial, unless twelve officers concur,
shall concur therein.
101. The governor may appoint any justice of the peace. Judge advocate
or other fit person, to be judge advocate at any such gene- oatt"l)Toffice.'^ '
ral court martial, who shall, previously to any proceeding
being taken by the court, take the following oath, to be
administered by the president :
■ '-' I. A. B., do swear that I will not disclose the vote or
opinion of any particular member of this court martial,
unless required to give evidence thereof, as a witness, by a
court of justice."
102. No sentence of death passed by such general court Governor's war-
martial shall be executed until the order of the governor, tenee"o/death.
by warrant under his hand and seal, shall be given,' which
warrant shall direct the time and place and the manner of
executing the sentence.
103. All sentences of death shall be executed by hanging sentence how
or shooting the- offender, as the warrant shall direct.
104. The governor's warrant shall be a sufficient autho- Warriinttobe
rity for executing any sentence of death, and such warrant eoution. ^ ^*'
shall be read aloud in the presence of the bystanders before
such execution at the time and place fixed for the same.
105. No officer under the rank of a captain shall sit on frfJi^^hS^shaii
a court martial for the trial of a field officer. ■ sit upon.
106. General courts martial, upon appeal being made General court
o_ • ,1 , J. ■ 1 • ■ • i. J martial a court
ffom any regimental court martial, may inquire into and of appeal,
confirm or annul the sentence.
107. If in the opinion of the general court martial any Powers of gene-
such appeal shall be made without sufficient cause, they tfa'un appeal',
may increase the appellant's punishment by imprisonment
where he resides -for a term not exceeding thirty days.
140' MILITIA; [PART I.
Chap. 29. jqS. Any officer not under the rank of a captain, com-
Rogiraentai manding a regiment, battalion, or detachment, may order a.
w'iio ma/order, regimental court martial for the trial of any offence cogniz-
how eonstitu- ^^y^ thereby; the court to consist of at least fivemembere,
and the president not to be under the rank of captain.
Powers of court 109. Such courts martial may fine any offender in a sum
not exceeding five pounds, or may imprison him for a term
not exceeding thirty days.
Sentence how HO. No such Sentence shall be carried into effect until
approve . approved in writing by the officer in command of the regi--
ment, battalion, or detachment.
Manner of pro- HI. AH courts martial Under this chapter may adminis-
power of court t&r oaths to witnesscs in the same manner as is the custom
tempT '''^°°°" ii courts martial in the British army, and they may punish
for contempt of court, either by disobedience of its orders
or abuse of the court in its presence, bj'- a fine not exceeding
five pounds, or imprisonment not exceeding twenty days.
Relations not to 112. No person shall sit on a court martial who shall be
related to the prosecutor or person accused within the
^fourth degree.
Accuser stall 113. The accuser shall not sit as a member of the court
martial for trial of the person by him accused.
Expenses of 114. The governor may draw upou the treasury for the
military courts, j. j r xi- r-iv iP
how defrayed, sums neccssary to defray the expenses ot militia courts oir
inquiry.
In cases of 115. If upon any emergency arising from invasion made
loners of'^reoi-" or threatenfed upon this province, or the province of New
requlredYo'fur- Brunswick, it shall be necessary to call into actual service
nish drafts. any of the militia, the governor may order the colonel of
any regiment to furnish two huildred men for every six
hundred men of the first class, or the like proportion for
any greater or less number ; such men to be furnished either
from drafts of the regiments or by volunteers.
Officers, how se- 116. • The govemor may select from the regiments to
for'roglmenr^ which they bcloug, captains aud subalterns to command the
men furnished under the last section ; and may form any
number of the men furnished by the different regiments
into a regiment, or battalion for actual service, and appoint
field and staff officers, and an adjutant for the same, and
order such regiment or battalion into barracks or camp, and
adopt measures to render them efficient for actual service.
Provision in 117. Upou Calling out any body of the militia into actual
^%°/men!'''' servico, the governor may direct the necessary measures
to be adopted to ascertain the ability of every man to per-
form his duty ; and if any man shall be found unable to
serve, his place shall be supplied by the colonel, and if such
man shall be a substitute the person in whose stead he
served shall prociire another substitute, under the same
penalty as for refusing to go into actual service or find a
substitute, or if the man has been originally drafted for the
. regiment the colonel shall take the next man standing for
TITLE yil.] MILITIA.. 141
actual service in the same company, who shall go or fiiid a Chap. 29.
substitute under the same penalty. :
118. Every man called into actual service shall supply Necessaries,
himself with such necessaries as the governor shall direct, prodded"""
and appear with them where he shall be ordered ; and if
upon the certificate of the captain, approved by the colonel,
it shall appear that any man is not able to supply himself,
the proper officer shall furnish him with the same at the
public cost, not exceeding fifty shillings, and the amount
shall be stopped from his pay by gradual deductions.
119. The colonel may prosecute^ either in the supreme Desertion how
court or before any two justices eft' the peace, any person puSed!''""*
who shall abet the desertion of a man on actual service
under his command, or harbor or assist a deserter, knowing,
him to be such, and if convicted before the supreme court
the off'ender shall pay twenty pounds or be imprisoned for
three months, or if convicted before the two justices he
shall pay five pounds, or be imprisoned for twenty days;
such imprisonments, however, to terminate in either case
upon payment of the penalty.
120. The governor may order the drafts to be selected Power of gov-
and the names returned to him, and the men to be drilled arafts,&e!'wten
and disciplined without calling them intp actual service, "enrfoa^^num
and may select officers to command such men, and may ^™ °f ^^y^'
direct the measures to be adopted and make such orders as
may be necessary for that purpose, but the number of days
drill shall not exceed fifteen in anj'- one year.
121. No man shall be required to attend drill at any or driUs, and '
squad drill for more than three hours in one day, nor to tSd!^ '° *' '
travel more than four miles from his home to attend such
drill, nor to attend any company drill for more than four
hours in one day, nor to travel more than twelve miles^
from his home to attend such company drill.
122. If any man, being duly notified, shall not attend any Fine for non-at-
squad drill and shall not have a reasonable excuse, to be ''""'*""®-
adjudged of by his captain, he shall be fined in a sum not
exceeding ten shillings.
123. If any man shall misbehave at any meeting, or Kneformisijo-
while engaged' in militia duty, the commanding officer may nStment' au""
impose a fine of not less than five nor more than twenty ^'"^™"
shillings, or commit him to jail for not more than three'
days, and shall send with him the following warrant :
" To the sherifi"or keeper of the jail for the ccunty of .
You are hereby required to receive C. D. of my ,
who was guilty of [state the offence,] on the day of
, while, engaged in militia duty under my command,
and him closely confine in your jail for the space of
from the time of his being delivered' into your custody, and at
the-expiration thereof you are to release the said C. D. on his
paying your fees, and this shall be yKkr sufficient warrant.
Given under my hand this day of , 18 — ."
penalties.
142 MILITIA. [PART I,
Chap. 29. 124. If any non-commissioned officer ordered to escort
Fine for reftisai such man to jail, shall neglect to do so, he shall forfeit.
d°ertollfi°5th-^°'"*y shillings and be reduced to the ranks; and any
«r fines anci private who shall neglect to perform such duty shall pay
ten shillings ; and any sheriif or jailor who shall refuse to
receive and detain him for the time specified in the warrant
, shall forfeit five pounds.
Eeesforoom- 125. The non-commissioned officers shall receive three
■priaonme'nt. " pcncc per mile for conveying the ofiender to jail, to be paid
by the offender before he shall be discharged, and if unable
to pay, he shall be detained in jail for twenty-four hours for
every five shillings of the amount ; and in that case the
quarter-master shall pay the non-commissioned officer his
fee out of the fines.
Confinement 126. The Commanding officer may confine any person
terrupting'm^' interrupting militia men when on duty, until the duty shall
litary duty. j^g performed, and the ofiender shall pay ten shiyings for
each offence.
Ferriage free to 127. Militia men going to and returning from duty shall
dom'ftom'ar- he entitled to a free passage across any licensed ferry ; and
"^^- shall be free from arrest under civil process, and any officer
arresting them shall be liable to an action for damages.
Persons exempt 128. Clergymen, members of the executive council,
from enrolment. j,j(iggg Qf tj^ supreme court, the receiver general, the finan-
cial secretary, and the provincial secretary, shall not be
liable to be enrolled in the militia.
Persons exempt 129. The foUowing persons shall be exempted from
rommusers. attending all musters, unless they hold commissions, viz :
the members of the legislative council, the members of the
house of assembly, the attorney general and the solicitor
general, justices of the peace, high sheriffs, coroners, the com-
missioner of crown lands, officers of the customs, officers, of
the colonial revenue, physicians and surgeons, all clerks,
storekeepers, mechanics, laborers and others employed in the
civil and military departments, of the army and navy who
may be exempted by the governor, one miller to every grist
mill, licensed ferrymep, the post-master general and the
clerks in his office, the deputy post masters and all mail
couriers, all firemen and engine men, quakers certified by
their society, and all teachers of academies and licensed
school masters. But whenever arms and accoutrements
shall be distributed, they shall be compelled under the penal-
ties provided for default, unless exempted from enrolment^
to provide for themselves the required arms and keep them
in order ; and shall be liable to be called out and to perform
the duties of militia men when called into actual service, or
find substitutes. ' •
Sickness to ex- 130. When any man shall complain that by reason of
emptfromdu;}-. gigj^nggg qj. infirmity J^ is unable to perform the duties
required, the colonel«|ill order a board of one field officer
and two captains, or ^: three captains to inquire into the
TITLE VII.] MILITIA. 143
complaint ;f and the court shall cause the man to apply to a Chap. 29.
physician or surgeon for his certificate, which shall be ~~^
given without fee under a penalty of forty shillings ; and if
the board shall report that such man is unable to perform
his duty, the colonel shall exempt him therefrom until his
disability shall cease.
131. Any medical man giving a false certificate under Fine for false
the preceding section shall forfeit ten pounds. medical menf
132. The quarter-master shall give bond, with two sure- Quartei-maa-
ties, to the colonel for the faithful discharge of his duties, eommMons!'"*
and for accounting for and applying all monies and stores
he may receive, and he shall receive ten per cent, upon all
fines received by him. '
133. The quarter-master shall annually, at the general shaii exhibit
meeting of the officers, and also upon three other occasions '"^ *"«"""''*■
in the year if required by the colonel, exhibit his accounts.
131. The quarter-master, with the approbation of the May appoint a
colonel, may appoint a quarter-master-sergeant, for whom s"rgean"t?°'^''"^
he shall be responsible.
135. Once in every year, and oftener on the advice of Meetings to be
three -captains if he shall think fit, the colonel shall require noi for making
the officers to meet at such time and place as he shall ■^^s^i'^'io^^ Re-
appoint, and there confer with him for the better regulation
of their companies, for establishing the limits of the com-
pany districts, and prescribing the number of men in each
company — for appropriating fines, and making such rules as
the major part may deem proper for the promotion of
military discipline.
136. All officers shall yield obedience to the commands Obedience eu-
of their superior officers, and shall observe the written iereV^^ne^"
regulations made at the meetings mentioned in the foregoing
section under a penalty of five pounds, to be adjudged at
the next meeting; but no officer shall be bound by any
regulation concerning his dress or appointment unless two-
thirds of the officers of his regiment shall have concurred
therein.
137. An account of all fines, with their appropriation, Accounts of
shall be rendered to the secretary's office by the colonel, appr^riation,
under the like penalty for default as in the preceding section. P^""'^«'i ^°''-
138. No rule shall be in force until it shall receive the ^^u rT^ufre
governor's sanction, except such as relate to the limits of the goTOmor's
districts, the number of men in a company, and the appro- ^*°" '°°'
priation of fines.
139. If any officer shall neglect to attend any board or Fines onofficera
meeting ordered by the colonel under this chapter, without to'^aUoud°meet-
a reasonable excuse, he shall forfeit, if a- field officer,- fiv§ ™^-
paunds ; if a captain, three pounds ; and if a subaltern,
two pounds.
140. Every field officer who shall remove from the <3is- ''^''i^°''^^°^'^^°:
trict, or who from other causes is not attached to any taohed, iiabio
regiment, but retains a conomission in the militia, shall be *° '^"'^'
144 militia; [taet 'i.
Chap. 29. liable to sit on courts martial and to perform the other
duties of his rank when required by his superior officer, and
may, in case of necessity or vacancy, be ordered to take his
station in the regiment of the district where he resides ;
. and in case of his neglect to obey such orders may be tried
by a general court martial and deprived of his commission.
Officers cashier- 141. No officer cashiered by the sentence of a general
dfsiSd^ilse" court martial, or who may resign his commission, or who
rank, &e.,' jjag been dismissed from her majesty's service, or who shall
neglect within six months to qualify himself for the duties
of his station, and shall on that account upon the represen-
tation of the colonel be deprived of his commission by the
governor, shaU be entitled to any rank or privilege from
having held such commission, or be exempted from enrol-
ment or from the performance of the duties of a private.
Officers neglect- 142. Any officer who, having been appointed to a com-
Vl|,'°;'*^„« °"' mission and notified thereof, shall neglect for three months
UUlUullBSlOUS ini I'll 1 11
liable to be sup- to take out his Commission shall be hable to be superseded,
eree , c, ^^ ^^^^ ^^^^ ^^^^ ^^^^ ^^^^ ^^^ ^^^ ^^ which such com-
mission shall be taken, and which day shall be inserted in
the commission as the date thereof.
Inspecting offi- 143. The governor may appoint officers to inspect and
poln^df " '^^' command all or any of the regiments of militia throughout
the province, and such officers, when commissioned and
published in general orders to the militia, shall be obeyed
in all things lawful by all 'persons who shall be so placed
under their respective commands.
Adjt. geni., qtr. 144. The adjutant general and quartermaster general
serVrM jurors" shall be exempt from serving on any jury.
Persons of color 145. People of color shall be set apart by the colonel
intJo'ompaSes! ^^'^ formed into companies or bands of pioneers, as their
numbers may admit, and may be commanded by a non-com-
missioned officer of color, or otherwise, as the colonel shall
appoint, and they shall assemble and train under such officer,
. but no greater degree of duty shall be imposed upon them
than upon other militia men.
Provision for 146. If any person in actual service be wounded or
ed?n actuXser- disabled while on duty, he shall be supported out of the
^'''®- public funds of the province as long as the disability shall
continue.
Widows and 147. lu casc of the loss of any officer or man while on
sons kme"!!, flow actual servicc, provision shall be made for the widow and
p*ovidedfor. family out of the public funds.
fines, howre- 148. All fines, unlSss otherwise directed, when not
enforced?" exceeding three pounds, shall be recovered before one
justice, and when above three pounds before two justices ;
and if payable by a militia man may be recovered in the
name of the officer commanding the company, and the clerk
shall be a competent witness ; and if payable from an officer
in the name of the adjutant ; and the amount in either case
may.be' levied with costs by distress, and for want of goods
TITLE TIL] MILITIA. 145
tbe offender shall be committed to jail for the term pre- Chap. 29.
scribed for the offence, and if no term shall be prescribed he
shall be committed for two days for every five shillings of
the penalty.
149. No justice of the peace shall take any^ee for any Jnstiooa not en-
service performed under this chapter. *''^'"^ '" '^°*^'
150. Any process for the recovery of a fine under this Amendment pf
chapter may be amended until final judgment. Sed^for. ^'^"'^^
151. All fines not otherwise appropriated shall, after Appropriation
deducting one fourth for collecting, be paid to the quarter-
master, to be applied under the direction of the colonel
towards defraying the expenses of the regiment.
152. The fees- received on militia commissions, issued Feesonoommia-
since the first day of January in the year one thousand^funded.
eight hundred and fifty-three shall be reftinded to tl^ parties
who paid the same, on their making application tlierefor,
and * on receiving from the provincial secretary's office a
memorandum of the amount paid by them- respectively.
153. All actions for anything done under this chapter aoSons*'"" "^
shall be commenced within three months after the cause of
action arose, and the defendant may plead and give this
chapter and the special matter in evidence.
154. The following terms and expressions, when used in -Definition of
this chapter shall have the interpretations following, that is
to say :
"Regiment," any regiment or battalion of the militia;
" colonel," the colonel, lieutenants-colonel, or the commanding
officer of any regiment or battalion ; " captain,"^"the captain
or commanding officer of any company ; " clerk," the clerk,
or any person performing the duties of clerk of a company;
and " man," any person enrolled or liable to be enrolled in '
the militia under the rank of a commissioned officer.
155. This chapter shall continue in force until the Limitation of
seventh day of May one thousand eight hundred and sixty- "'^^ ^'^'
three, and from thence to the end of the then next session
of the general assembly.
156. The governor in council may cause all the old arms oidarms&c.,
and accoutrements of the militia to be sold by public auction, ™''^
in the respective counties in which they are now deposited ;
and the nett proceeds of such sales shall be paid into the
treasury. '
157. Nothing herein contained shall be construed to No money to, be
autJiorize the payment oi any money out oi the treasury forthepurohaae
under the provisions of this chapter for any services 'per- o^'"^'™^-
formed after the first day of August one thousand eight
hundred and fifty-seven, except for the purchase of- new
arms to replace those to be sold as hereinbefore directed,
such purchase not to exceed the nett proceeds of the sale
of old arms, unless the governor in consequence of an inva-
sion made or threatened, or of some pressing emergency,
shall issue a proclamation for the enrolment of the; militia.'
1.46 billetting troops. [part i.
Chap. 30.
CHAPTER 30.
OF BILLKTTING THE TROOPS AND MILITIA.
Troops andMi- 1. Whenever any detachment of her majesty's forces or
letted. °^ '"^" of the militia shall be ordered to march in this province,
the justices of the peace shall billet them in inns and
licensed taverns, or in the houses of persons who have
within one month previously kept an inn or licensed tavern ;
and the persons on whom they are billetted shall furnish
such troops or militia with lodging and with provisions,
consisting of bread, flesh and vegetables, and the officer
commanding them shall give certificates of the number of
meals and nights' lodging, which shall entitle the person sup-
plying the same to one shilling and three pence for each
meal, and for every nights' lodging three pence.
Fine for faiso 2. If any militia officer shall give a false certificate, he
oerti oates. ghall be Cashiered by a general court martial, and shall also
forfeit fifty pounds, to be recovered in the supreme court,
one half thereof to be paid to the informer, and the remain-
ing half into the treasury.
Expenses how 3. The govemor may draw warrants on the treasury in
lnd"drawn.' favor of the parties entitled thereto under such certificates
for all sums payable for the billetting of the militia, and also
for the billetting of regular troops when on a march under
a route granted by the governor on their removal froin one
part in the province to another, but no greater sum shall be
drawn in any one year under this section than five hundred
pounds.
Certificates ur- 4. The Certificates of the number of meals and nights'
how^payawe™ lodging furnished to any of her majesty's troops under the
first section, and for which payment is not provided under
the last section, shall entitle the person who furnished the
same to receive payment from the officer granting the cer-
tificate, or from the officer appointed by the commander-in-
chief to pay the same.
Further provi- 5. Where the houses specified in the first section shall
tiSI'tro'opB^n'" not te sufficient to billet the whole regiment or detachment,
certain oases, part of them may be billetted on other housekeepers, in the
discretion of the justices ; and any person who shall refuse
-to receive troops or militia so billetted upon him shall for-
feit five pounds.
Baggage con- 6. Two justices may, upon the application of the com-
vfSTrat^e^of maudiug officer, and on production of a route, signed by
charges. the commander-in-Ghief, order a suitable number of carts or
waggons, and horses, to be furnished for conveying the
.baggage of the regiment or detachment, and the owners
shall receive from the officer commanding the detachment
TITLE Vn.] PUBLIC FORTIFICATIONS. 147
at the rate of one shilling a mile for one horse, cart and Chap. 31.
driver to carry five hundred gross weight for twenty miles,
and for every additional horse nine pence a mile, but the
additional load for each horse shall not exceed five hundred
gross weight. When ordered to halt, two shillings and six
pence an hour shall be paid while the detention shall last,
and the commanding officer shall make out certificates of
the weights, distances, time and cause of detention, and
take receipts thereon for payments.
7. Any person refusing to furnish horses and carts, or y'lios for refusal
•' 1 11 '^.,1 , 11 in to furnish con-
waggons, when ordered, without a reasonable excuse, shall veyances.
forfeit forty shillings.
8. If any commanding officer shall constrain any cart to Fines on officers
travel more than twenty miles, or shall refuse to discharge duct in^e^?d
it in due time to return home, or shall overload it either by to conveyances.
permitting soldiers or others to ride thereon, or otherwise,
or shall force carts or horses from the owners thereof, he
shall forfeit forty shillings.
9. No loaded cart passing from town to town, nor any Horses and
horse travelling for the owner, shall be taken for the pur- whenapSiy
pose of transporting baggage. ■ ' employed.
CHAPTER 31.
OP PUBLIC FORTIPICATIONS.
1. When the commander-in-chief of her majesty's troops Private proper-
shall judge it necessary to erect fortifications on private mia'tedfor?oru-
property, or to apply the same for other military purposes, noations.- ■
he shall apply to the supreme court of the county where the
lands are situate, and on notice given to the owners a jury
of twfenty-four freeholders shall be' summoned, who, after
being sworn, shall view the premises'and ascertain to whom
the lands ' belong, and the value of the ' land of each pro-
prietor separately, and shall return their verdict to the
supreme court in writing, under the' hands and seals of at
least thirteen of them, which shall be filed and become a
record of the court. ■ >
' 2. The amount of such verdict shall be paid to the vaiue, when
respective proprietors named therein, and if any of them towhom°pa)d°
shall refuse to accept the same, the money shall be paid
into court for their use, and such lands shall thereupon be-
come vested in her majesty forever. If any proprietor
be a minor, the value of his land shall be paid to his
guardian.
3. If the sherilf shall neglect to summon a jury, he shall Fines on sheriff
forfeit' twenty pounds ; and in case any of the jury shall uotSg^ut/f
10
148 NATURALIZATION OP ALIENS. [PAET L
Chap. 32. not attend, or shall refuse to be sworn, each offender shall
■ ■ forfeit five pounds..
TITLE YIIL
CHAPTER 32.
op THE NATURALIZATION AND PRIVILEGES OP ALIENS.
Aliens natural 1. Aliens may be naturalized by an act of the assembly
assembly"' "^ in Conformity -with the act of the imperial parliament, 10th
and 11th Victoria, chapter eighty-three, and shall take and
subscribe in duplicate the oath of allegiance before a judge^
of the supreme court in open court, who shall attest the
same.
Copy and dnpii- 2. One copy of the oath shall be filed by the officer of
w'here'fiied'- t^© court, who shall rcceive therefor, and for making the
ftesofijffioer. duplicate, twenty shillings ; and he shall forthwith transmit
the duphcate, certified under his hand and the seal of the
court, to be filed in the provincial secretary's office.
Certificate to be 3. The officer shall also give a certificate under his hand
^TdenoeTfee'' and the seal of the court that the oath of allegiance has
therefor. been taken, which certificate shall be evidence of its con-,
tents ; and therefor he shall be entitled to ten shillings.
Aliens may 4. AKcns may take, hold, convey, and transmit real
told and con- „o+q+o
rey real estate. csLdtc.
Titles not inva- 5. No title to real estate shall be invalid on account of
of a"?enage"° the alienage of any former owner or holder thereof.
Foregoing pro- 6. Nothing in this chapter shall have the efi'ect of con-
retrospeotive. firming or rendering valid the title or claim of any alien
invalid or incapable of being enforced on account of alien-
age, on the thirty-first day of March, one thousand eight
hundred and fifty-four.
TITLE IX.] -CENSUS AND STATISTICS; 149
TITLE IX. '^—-*^'^'^'^'*-'
CHAPTER 33.
05" THE CENSUS AND STATISTICAL INFORMATION.
1. Two members of the executive council to be appointed Board of staus
by the governor in council, shall, together with the finan- pofitX °'^'"
eial secretary for the tim^being, constitute a board of
statistics.
2. The board shall prepare and cause to be printed and ^"•'ms to be
circulated, as hereinafter provided, all such forms as to IIS^ ' "
them shall seem best adapted for the purposes of this
chapter, and such instructions as they shall deem necessary
for the guidance of the persons appointed to take the cen-
sus hereinafter provided for; and shall cause a sufficient
supply of such forms and instructions to be forwarded to
the several clerks of the peace on or before the first day of
September previous to every year appointed for taking the
census. The tables to be issued shall be in the form in the
schedule, with such additional inquiries as to the board shall
seem requisite, and they may strike out any, which, in prac-
tice, may be found inconvenient.
3. The board shall have the general supervision of the .»uty of board,
statistics of the province, and shall cause to be prepared
annually, and laid before the legislature at an early period
of the session, a general report of such statistics, to com-
prehend the returns of deaths, marriages, baptisms and
births, of coroners inquests, and convictions, fines and for-
feitures required to be made to them by law. The report
shall also contain such information relative to the trade,
manufactures, agriculture, and population of the province,
as they shall be able to obtain.
4. The governor in council may appoint the clerk of the ■ secretary of
board of revenue to be the secretary of the board, or pofnted"'' "'^''
assign the duties of that office to any of the clerks in the
office of the financial secretary, the provincial secretary, or
receiver general.
5. The first general census shall be taken between the First and suc-
months of June and December in the present year, and censu"°wSto^
a like general census shall be taken between the same betaken.
months in every fifth year hereafter.
6. As soon as the tables and instructions shall be issued J.<"?"''f? ^°^
by the board, the sessions shall set off the several counties districts •, ap-
into different sections, following the divisions of electoral enumei-ators',
districts, but with power to unite districts ; and shall appoint j^^tJfrn™"*^"'"*
enumerators for the different sections, who shall be resident
therein ; and they shall also appoint two justices to act
150
CENSUS AND STATISTICS.
[PART r.
Chap. 33,
Enumerators to
be sworn.
Their duty.
Their powers -,
penalty for ob-
structing.
Returns how
prepared and
Clerlt of the
peace, with jus-
tices, to ex-
amine and cor-
rect returns, if
necessary, and
prepare ab-
stracts for the
legislature.
Remuneration
of enumerators.
along with the clerk of the peace in preparing the abstract
of the returns as hereinafter provided : of all which the
clerk of the peace shall make a return to the board.
7. Enumerators, before entering upon the duties of their
office, shall be sworn into office before a justice of the
peace, who shall administer the oath without charge.
8. The ennmerators shall visit every house within their
section, and take an account in writing, according to the
forms to be provided for that purpose by the board, of
everything specified. in the forms.
9. The enumerators may demand from the head of every
family residing within their respective "sections, or from
any member of the family being more than twenty-one years
of age, and from the owners or managers of factories and
agents of companies, or from others having knowledge
of the matters inquired into and not being minors, true
answers to all questions necessary for the purpose of taking
such accounts ; and any such person who shall not answer, or •
shall wilfuUy give a false answer to any such question, and
also every person who shall in any way wilfully obstruct an
enumerator in the execution of his duties, shall for every
such oifence, forfeit not less than ten nor more than fifty
shillings.
10. The enumerators shall sign their returns, and cer-
tify thereon, that the same have been truly and faithfully
taken by them, and that the same are correct, so far as they
can ascertain, and shall lodge the same in the office of the
clerk of the peace within one month next after the account
shall have been taken.
11. The clerk of the peace, together with the two jus-
tices, shall examine the returns made by the enumerators,
and cause any defect or inaccuracy that may be discovered
therein, to be supplied or corrected by the enumerators, as
far as possible, and shall make therefrom an abstract in
such form as may be required by the board, and shall trans-
mit triplicate copies of the abstract to the board within
one month next after receipt of the returns ; and copies
thereof shall be laid before the two houses of the legisla-
ture Avithin the first ten days of the session then next ensu-
ing, and the original returns shall be kept as records of the
county in the office of the clerk of the peace.
12. There shall be allowed out of the provincial trea-
sury for each of the enumerators who shall make and trans-
mit to the clerk of the peace faithful returns of the forms
issued by the beard within the time limited for that purpose,
such sums of money as shall be agreed upon by the sessions
and enumerators ; and if the service shall be agreed to be
done by days' work no greater sum shall be paid than six
shillings and three pence per day for every day that every
such enumerator has been diligently and in good faith
engaged in the performance of his duties ; and the sessions
TITLE IX.] IJENSUS AND STATISTICS, 151
shall cause an account of such expense to be prepared and Chap. 33.
signed by the clerk of the peace, and by him returned to
the board.
13. Clerks of the peace shall, in full for all their services Remuneration
under this chapter, receive froia the provincial treasury peaee*^"^"'*
seven pounds and ten shillings, to be paid after the taking
of every census, on the certificate of the board that the
services have been faithfully performed.
14. Any enumerator who shall not perform the duties Fine upon enu
required of him by this chapter shall, for every offence, for- ""^^ ""'
feit not less than five nor more than ten pounds.
15. Any person who shall not comply with the require- Offences not
ments of this chapter in any matter for which no punish- videdagamstto
ment is herein specially provided, shall be guilty of a mis^emeanoi^s!
misdemeanor.
SCHEDULE. — QUESTIONS- Schedule.
Buildings.
1. How many inhabited houses.
2. By how many families inhabited.
3. Houses now building.
4. Uninhabited houses.
5. Stores, barns and outhouses.
InhaMtants of vari(ms ages.
^. Number of males under ten years of age.
7. Number of females under ten.
■8. Number of males from ten to twenty.
S. Number of females from ten to twenty.
10. Number of males from twenty to thirty.
11. Number of females from twenty to thirty-
12. Number of males from thirty to forty.
13. Number of females from thirty to forty-
14. Number of males from forty to fifty.
15. Number of females from forty to fifty.
16. Number of males above fifty.
17. Number of females above fifty.
MarrieoL
18. Number of married persons of both sexes.
Widowers.
19. Number of widowers.
Widows.
20. Number of widows.
Bate payers.
3,1. .Number of rate payers-
152 CENSUS AND STATISTIGSv [PART It.
Chap. ^33. Paupers.
22. Number of paupers.
Dzaf and Dumb.
23. Number of males deaf and dumb.
24. Number of females deaf and dumb.
Blind.
25. Number of males blind.
26. Number of females blind.
Lunatics^
2T. Number of male lunatics.
28. Number of female lunatics.
Idiots.
29. Number of male idiots.
30. Number of female idiots.
Indians.
31. Number of male Indians, including childrerr.
32. Number of female Indians, including childreu-
Colored persons.
33. Number of colored males, including children.
34. Number of colored females, including children.
Assessments.
35. Amount of assessments for county rates.
36. Amount of assessments for poor rates.
37. Highest rate- for poor in the county.
38. Lowest rate for poor in the county.
Value of property..
39. Assessed value of real estate,
40. Probable value of real estate.
41. Assessed value of personal estate.
Births, deaths, and marriages.
42. Number of births the preceding year.
43. Number of deaths the preceding year.
44. Number of marriages the preceding year.
Numbers engaged in various occupationsi.
45. Number of clergymen or ministers.
46. Number of doctors.
47. Number of farmers.
48. Number of mechanics.
49.. Number of merchants and traders..
TITLE !fe.] CENSUS AND STATISTICS. 15S
50. Number of persons engaged in the fisheries. Chap. 33.
51. Number of seamen registered. ,
52. Number of persons employed at sea.
53. Number of persons engaged in lumbering.
Places of worship.
54. Number of churches and places of worship of each
denomination.
Schools and pupils.
55. Number of schools in district.
56. Number of children attending school.
Numbers of various religious denmninations.
57. Number of church of England.
58. Number of Catholics.
59. Number of kirk of Scotland.
60. Number of free church.
61. Number of presbyterian church of Nova Scotia.
62. Number of baptists.
63. Number of methodists.
64. Number of congregationalists.
65. Number of universalists.
66. Number of Lutherans, sandimanians, quakers, and
other denominations.
Improved land.
67. Number of acres of dike land, and average value.
68. Number of acres of other improved land.
Agricultural produce.
69. Number of tons of hay cut.
70. Number of bushels of wheat raised.
71. Number of .bushels of barley raised.
72. Number of bushels of rye raised.
73. Number of bushels of oats raised.
74. Number of bushels of buckwheat raised.
75. Number of bushels of Indian corn raised.
76. Number of bushels of peas and beans raised.
77. Quantity of timothy and clover seed raised.
78. Number of bushels of potatoes raised.
79. Number of bushsels of turnips raised.
80. Number of bushels of other root crops raised.
Agricultural stock.
81. Number of neat cattle.
82. Number of milch cows.
83. Number of horses.
84. Number of sheep.
85. Number of swine. •
154 CENSUS AND STATISTICS. [PAET I."
Chap. 33. Fisheries.
86. Number of vessels engaged in fisheries, and men on
board.
87. Amount of tonnage engaged in fisheries.
88. Number of boats engaged in fisheries, and men on
board. *■
89. Number of nets and seines.
90. Quantity of dry fish cured.
91. Quantity of salmon caught and cured.
92. Quantity of mackerel caught and cured.
93. Quantity of shad caught and cured.
94. Quantity of herrings caught and cured.
95. Quantity of smoked herrings cured.
96. Quantities and value of other fish cured.
97. Quantity and value of fish oil.
Mills and factories.
98. Number and value of saw miUs, and number of
hands employed.
99. Number and value of grist Tnills, and number of
hands employed.
100. Number and value of tanneries, and number of
hands employed.
101. Number and value of foundries and number of
hands employed.
102. Number and value of weaving and carding estab-
lishments, and number of hands employed.
103. Number and value of breweries and distilleries,
and number of hands employed.
104. Number and value of hand-looms.
105. Number and value of factories other than the
above, a^d number of hands employed.
106. Number of steam miUs or factories.
Articles manufactured.
107. Nlmber of yards of fulled cloth manufactured last
year.
108. Number of yards of cloth not fulled:
109. Number of yards of flannel.
110. Value of boots and shoes manufactured.
111. Value of leather manufactured.
112. Value of candles manufactured.
113. Value of soap manuftictured.
114. Value of agricultural implements manufactured.
115. Value of chairs and cabinet ware manufactured.
116. Value of carriages nianufactured.
117.' Value of wooden ware other than the above manu-
factured.
118. Value of iron castings manufactured.
119. Quantity of coal raised.
TITLE X.] SALAEIES AOT» PENSIONS. 155
120. Quantity of iron smelted, and value. Chap. 34.
121. Number of gallons of malf liquor manufactured.
122. Number of gallons of distilled liquor manufactured.
123. Casks of lime burnt, and value.
124. Quantity of bricks manufactured, and value.
125. Number and value of grindstones quarried.
126. Tons and value of gypsum quarried.
127. Quantity of maple sugar manufactured.
128. Quantity of butter manufactured.
129. Quantity of cheese manufactured.
130. Number of vessels buUt, and tonnage.
131. Number of boats built.
132. Quantity of deal made.
133. Quantity of pine boards made.
134. Quantity of spruce boards made.
135. Quantity of squared timber made.
136. Quantity of staves manufactured.
TITLE X.
OF CERTAIN* PUBLIC OFFICERS.
CHAPTER 34.
OP THE SALAEIES OF CERTAIN PUBLIC OFFICERS AND CERTAIN
PENSIONS.
1. There shall be allowed to the several officers hereafter salaries of pub
mentioned, to be paid quarterly out of the public funds i'""^"®™-
income and general revenue, the following salaries in ster-
ling money, to wit :
, To the governor, three thousand pounds.
T(*the present chief justice, during his incumbency, one
thousand pounds.
To any future chief justice, six hundred and forty
pounds.
To the honorable "W. B. Bliss, one of the assistant jus-
tices of the supreme court, during his incumbency, sis hun-
dred and fifty pounds.
To the other assistant justices, now or hereafter to be
appointed, five hundred and sixty pounds.
To the provincial secretary, five hundred and sixty
pounds.
To the attorney general four hundred pounds.
To the solicitor general, one hundred pounds.
To the receiver general, four hundred and eighty pounds.
156
SALARIES AND PENSIONS.
[part I,
Chap. 34.
Fees disallow-
ed ; what sala-
ries are inde-
pendent of
expenses.
Salaries, the
duration of
which are spe-
oiflcally limited
Salaries made
chargeable on
general reve-
Bues.
Retiring pen-
sions.
When pensions
to cease.
Duration of cer-
tain pensions.
Travelling ex-
penses of
Judges.
Conveyance for
indges on Cape
Sreion oirouit.
To the financial secretary foiir hundred and eighty
pounds.
2. The salaries of the chief justice, assistant justices,
and provincial secretary, to be without any fees of ofiSce
whatsoever; and those of the receiver general, and the
provincial and financial secretaries to be clear of all deduc-
tions for the necessary expenses of their departments.
3. The salaries of the governor, chief justice, assistant
justices, provincial secretary, attorney general, and solicitor
genera], are to be continued until eighteen months after the
demise of her present majesty ; but the following sums in
sterling money being- in whole or in part of the salaries
granted to the different officers, by the first section are
made chargeable upon the general revenues of this province,
viz :
Governor two thousand pounds.
The assistant justices, four hundred and eighty pounds,
leaving the remainder of such salaries determinable upon
the contingency mentioned in this section.
4. There shall be paid quarterly to the several persons
hereafter mentioned, for their respective lives, out of the
public funds income and general revenue, the following
pensions in sterling money, to wit :
John G. Marshall, esquire, two hundred and forty pounds.
William Q. Sawers, esquire, tw^himdred and forty pounds.
Henry W. Crawley, esquire, two hmidred and forty pounds.
Miss Cox, one hundred pounds.
John Spry Morris, esquire, two hundred and forty pounds.
The honorable Alexander Stewart, three hundred and
twenty pounds.
Nathaniel W. White, esquire, one hundred pounds.
5. The pensions to John G. Marshall, WiUiam Q. Sawers,
Henry Crawley, and John Spry Morris, shall cease upon
their respectively accepting an office under government
of equal or greater value.
6. The pensions to the honorable Alexander Stewart,
and Nathaniel W. White, esquire, shall cease respectively
upon their respectively accepting an office under the pro-
vincial government of equal or greater value to, or than
the pension hereby allowed to them respectively.
7. The pension to Miss Cox shall cease eighteen months
after the demise of her present majesty, if not sooner deter-
mined.
8. The chief justice and assistant justices on circuit,
shall be severally allowed one pound three shillings and
four pence currency a day for their travelUng expenses, to
commence on the day of leaving their respective homes
or places of abode, and to end four days after the adjourn-
ment of the court at the termination of the circuit.
9. It shall and may be lawful for the governor, upon the
application of the judge going the Cape Breton circuit, to
TITLE ^.J QUALIFICATION, ETC., OP JUDGES. 157
procure such necessary and comfortable conveyance for the yHAP. 35.
purpose, as he shall think fit and proper.
10. The act forty-six, George the third, chapter thirteen, f s, Geo. 3, ohap
is hereby repealed.
CHAPTER 35.
OP THE QUALIFICATIONS, APPOINTMENT, AND TENURE OP OFFICE
OP THE PRINCIPAL JUDICIAL OFFICERS.
1. No person shall be appointed a judge of the supreme QuaiiSoation of
court, unless he shall have been a barrister of this province J^'^^es.
for ten years, and shall have been practising as such for five
years next before such appointment.
2. The judges of the supreme court shaU hold no other Judgea not to
office under government except that of judge of the admi- ty^of oflSe"!^''''"
ralty, and that of vice president of the court of marriage
and divorce.
3. The judges of the supreme court shall hold their ?'®P'"'f »L
offices during good behaviour, notwithstanding the demise ^" ^"^ " "*'
of her majesty.
4. Provided always, that it may be lawful for the gover- EemoTai of
nor to remove any judge of the supreme court upon the i'^fteii.'"*''
address of the legislative council and house of assembly ,
and in case any judge so removed shall think himself
aggrieved thereby, it shall be lawful for him within six
months to appeal to her majesty in her privy council, and
such amotion shall not be final until determined by her
majesty in her privy council.'
5. When any judge of the supreme court shall die or Appointment or
resign his office, or be removed in the manner authorized by ■'" ^°^'
the preceding section, it shall be lawful for the governor to
appoint by commission, under the great seal of this province,
some fit and proper person to hold the said office until the
royal pleasure shall be made known, and such appointment
shall be held to be superseded by the issuing of a commis-
sion under the great seal of this province to the same
person or such other person as her majesty shall appoint in
the place of any judge who has died or resigned, or been
removed in the manner authorised by the preceding section,
or by signification, within the province, of the royal decision
in the privy council, restoring to his office any judge who
may have been so removed.
158 receiver general, financial secretary. [part i.
Chap. 36.
CHAPTER 36.
OF THE OFFICES OP RECEIVER GENERAL AND FINANCIAL SECRE-
TARY, AND THE RENDERING AND AUDIT OF THE PUBLIC
ACCOUNTS.
Receiver gene- 1. The receiver general shall give bond in four thousand
tenureof^offie* pounds, with four sureties in'one thousand pounds each, for
the faithful discharge of his duties, and shall hold office
during pleasure.
Clerk; his du- 2. He shall have a principal clerk to assist him in the
wiary."^^' ^""^ business of his office, who shall be the cashier of the savings'
bank, and shall give bond in one thousand pounds, with two
sureties in five hundred pounds each, for the faithful dis-
charge of his duties, and shall be entitled to a salary of two
hundred and fifty pounds, payable quarterly, such clerk to
be appointed by the governor in council, and to hold office
during pleasure.
Financial aecre- 3. The financial Secretary shall give bond in two thou-
a^d'tenureof sand pounds, with two sureties in one thousand pounds
office. each, for the faithful discharge of his duties, and shall hold
office during pleasure.
Clerk i his du- 4. He shall have a principal clerk to assist him in the
saiary"*^' "'"'' business of his office, who shall give a bond in one thou-
sand pounds, with two sureties in five hundred pounds
each, for the faithful discharge of his duties, and shall be
entitled to a salary of two hundred pounds, payable quar-
terly, such clerk to be appointed by the governor in coun-
cil, and to hold office during pleasure,
^."aely^mem- ^* ^^^ receiver general and financial secretary shall be'
bers of the ad- members of the provincial administration for the time being.
jRecr. general's 6. The receiver general shall receive, and on the war-
offieiai duties, j-^nt of the govemor pay, all public monies, and it shall be-
competent for the governor in council to direct from time
to time which of the public accounts shall be filed in his
office, and in what form the books to be opened thereat
shall be kept; but one general cash book shall be kept by
him, in which there shall be entered, from day to day, aU
monies received and paid, with the names of the parties
who received or paid the same, and which book shall be
open at all times to the inspection of the members of the
executive government, or of any member of the legislature.
Rec. gen'i. ma- 7. The receiver general shall manage or superintend the
Bur/ notes, fun- treasury notes, the funded debt, and the savings' bank, as
fafings'*riant hereafter provided for.
Financial score- 8. It shall be the duty of the financial secretary to exa-
Sel"*^"'*^ mine and check from time to time, as they shall come in, all
accounts of public receipts and expenditure of every kind
and description. The accounts of the revenue officers and
TITLE X.] COMMISSIONEE OF CROWN LANDS. 159
collectors of light duties at Halifax and in the outports Chap. 37.
shall regularly pass under his s\ipervision, and any error or
mistake therein be immediately pointed out and rectified,
and the attention of the governor in council if necessary
directed thereto ; and no account of any public expenditure
whatsoever for road work, public buildings, light houses,
education, or otherwise, shall be paid by the receiver gene-
eral until the same shall have been carefully examined and
certified to be correct, or any mistake or error therein point-
ed out and rectified by the financial secretary, or, in case
of his absence or indisposition, by his principal clerk.
9. Such accounts, so examined and certified under the Warrantsdrawn
hand of the financial secretary, or in case of his absence ™unt3^duiy""
or indisposition under the hand of his principal clerk, shall ^o^oiiod.
be necessary vouchers previous to the issue of a warrant
for the payment of the sums therein expressed, or for the ^
payment thereof under any general warrant previously |P iH
issued therefor.
10. The principal revenue officer at Halifax and the Quarterly ac
receiver general shall furnish quarterly accounts of all sums rendered'to''the
received and paid by them respectively, to be examined and ^r'^^fofflof aS
checked by the financial secretary; and such quarterly presented to the
accounts shall be collected and formed into one general aiiyf y'^'"'*''
account, to be presented by the principal revenue officer
and the receiver general to the general assembly in every
year within the first ten days of each session and to be
examined and audited by a joint committee drawn from the
legislative council and house of assembly as heretofore.
11. It shall be. competent for the governor in council to Governor may
direct from time to time which of the public accounts shall i^Jthemana^-
be filed in the office of the. financial secretary, and in what ™g™' "^"'^ °^'
form the books to be opened thereat shall be kept, and also,
from time to time, on the report of the financial secretary
to issue such orders for the more economical expending of
the public monies, by the taking of contracts after due
advertisement, or by such other guards and provisions as
may appear most judicious for the checking of any abuse
and the more vigilant and faithful husbanding of the public
monies.
CHAPTER 37.
OF THE OFFICES OP SUEVEYOE GENERAL AMD COMMISSIONER
OF CROWN LANDS.
1. The offices of surveyor general and commissioner of raflnSoommit '
crown lands for the whole province shall be united in one f°^^^, "^^H^'^
person, who shall hold office during pi '^'n^-. are. united.
160
TEEASURY NOTES, ETC;
[PART i;
Chap. 38. 2. The salaries and other expenses of the crown land
saiarieB,-&o., of office shall be as follows :
Salary of commissioner of crown lands, five hundred
pounds ; salary of first clerk, two hundred and fifty pounds;
additional clerks, three hundred pounds ; contingencies, fifty
pounds.
3. The before named salaries are current money of
Nova Scotia, and not sterling.
the crown land
office.
Salaries to be
eurrency.
'^K^ ^m
TITLE XI.
CHAPTER 38.
OP TREASURY NOTES, THE FUNDED DEBT, AND THE SAVINGS'
BANK.
Commissioners
of treasury
notes, how ap-
pointed.
Form and mode
of issue provi-
ded for.
Old notes re-
placed.
Notes dated
previously to
1846, how dis-
posed o£
Warrants, how
paid.
Torn and de-
fiioed notes pro-
vided for; issue
limited.
1. The governor in council shall appoint three commis-
sioners of treasury notes, who shaU hold ofSce during
pleasure and be sworn before a judge of the supreme court
to the faithful discharge of their duties. Any vacancy to
be filled up by a similar appointment.
2. The form of treasury notes now in use, and the mode
of issuing, shall be continued ; and all impressions taken
from the plate now in the custody of the provincial secre-
tary shall be securely kept in his oflEice till required by the
commissioners, or any two of them, at the instance of the
governor in council.
3. The commissioners shall from time to time deliver to
the receiver general as many new treasury notes as may be
required to replace the old, and such new notes shall be
immediately signed by the receiver general.
4. Treasury notes issued previous to one thousand eight
hundred and forty-six, as they come into the treasury shaU
be delivered to the commissioners to be defaced, and shaU
be lodged in the provincial secretary's oifice in sealed
packets, which the committee of public accounts shall
examine and destroy.
5. The receiver general shall pay all warrants in gold or
silver, if in the treasury, or in treasury notes issued since
one thousand eight hundred and forty-six, which notes shall-
be again received at the treasury and in payment of duties
at their specified value.
6. Treasury notes issued since one thousand eight hun-
dred and forty-six, ■« h 3n torn or defaced, shall be replaced
by new nates, and shaU be dealt with as in the fourth pre-
TITLE XI.] TEEASUBY NOTES, ETC. Igl
ceding section. The whole amount to be issued shall never Chap. 38.
exceed the amount now issued.
7. The governor in council may direct such portion of Funded debt,
the funded debt, not due to the savings' bank, to be paid Sow'pTOvide'd.
off from time to time as they shall think prudent.
8. Loan certificates for the funded debt shall be issued Loan cerue-
when required in the form now in use, and shall be trans- their formi^lo!','
ferable by endorsement.
9. The interest thereon shall be payable to the holders interest on,
at the treasury on the first days of January and July in payabief '""'
every year, when the certificates must be produced.
10. The receiver general shall superintend the savings' Savings' bank,
bank, and shall see that the same is conducted by the cashier '"^ ^ "" ■
in accordance with instructions issued by the governor in
council. The receiver, general shall personally superintend
the weekly payments and receipts of the cashier, and shall
examine his accounts and vouchers every month and certify
them to be correct. And the cashier shall prepare at the
end of every year a full abstract of the accounts and pro-
ceedings, and a report of the state of the bank, to be certi-
fied by the receiver general and laid before the legislature.
11. Depositors in the bank shall be paid four per cent. Depositors to
interest; and no person shall be allowed to be a depositor ^a^ountofdl-
of more than two hundred pounds ; and not more than fifty g^^sit limited,
pounds shall be received from any depositor in any. one
year, and monies deposited under this chapter shall be
applied by the governor in council, from time to time, for
such uses as shall have been approved of, and sanctioned by
the general assembly. The amount of deposits in the bank
3 hall not exceed one hundred and twenty-five thousand
pounds.
12. The accounts between the bank and the treasury Mannerofkeep-
shall be kept as heretofore ; and if at any time there shall dSnXbow
be a demand upon the bank which the cashier cannot meet, provided for.
the governor in council shall order the same to be paid out
of the treasury, and if necessary shall open a cash account
with any of the banks in order to meet such demands, and
on such terms as may be deemed most advantageous.
Whereas acts passed during the session of the legislature p j^
in 1854 to authorize and to provide funds for the construc-
tion of railways in this province, and it was necessary to x
enlarge the amount of circulating currency by a further j.^jj:j,'gj.jg>.^g^
issue of treasury notes, for twenty shillings each, to an treasnry notes
amount not exceeding fifty thousand pounds, and a further ^'^ ""^° '
issue of fifty thousand pounds was authorized by an act
passed on. the 18th day of April, 1856, such treasury notes Form, issue, and
, 1 • ,1 f. -^ ] • T • ii 1 J.1 ■ mode of receipt
were to be m the form, and issued m the mode, then m use, at treasury.
and the same were to be received at the treasury and in
payment of duties at their specified value :
13. The holders of such notes shall be paid the full ^j^*g:^J®'°soi<i
amount thereof at the treasury, in gold or silver money on
demand.
162 counties — county officees. [paet i.
Chap. 39.
TITLE XII.
OF COUNTIES AND COUNTY OFFICERS.
4f aa /fi-f c^^J
,^^ A^^y^y , CHAPTER 39.
U~,'tit »* ^tvtMtt- * Qp jjjg BOUNDARIES OP COUNTIES.
Boundary lines 1. The boundary lines of counties, and of the district of
confirmed. gaint Mary's, are confirmed as at present established.
County divid- 2. The sessions for any cpunty may choose a surveyor
ing; unes, pro- to run a dividing line, or a part thereof, between that and
visions or run- ^^ adjoining 'county, and shall appoint a day and place for
the purpose subsequent to the next term of the sessions of
such adjoining county, notice of which shall be transmitted
by the clerk of the peace to such sessions at or before their
next sittings.
Directions to 3. The sessions of the adjoining county may then nomi-
adjoming eoun- ^^^^ ^ surveyor to meet the other. These two, or in case
of neglect of the sessions of the adjoining county to n^ake an
appointment, the surveyor first appointed shall run and
mark the dividing line or such part thereof, and make return
of the proceedings, with a plan annexed, to the clerk of
the peace for each of the counties ; and the line, or portion
thereof, so surveyed, shall be the boundary between the
counties.
Bisagreement 4. If the Surveyors disagree, each shall make return of
pro^^°™ his proceedings, with a plan annexed, to the clerk of the
against. peace of the county for which he was appointed, to be
transmitted to the provincial secretary's office, and the same
shall be- laid before the governor in council, who, with or
without further evidence, may determine upon a line, a plan
whereof shall be sent to the clerk of the peace for each
county, and the expense shall be equally divided between
• the counties and form a county charge.
{/r /t'^. fU'n c^ 'i CHAPTER 40.
OP SHERIFFS.
Mode of select- 1- The chief justice, and a judge of the Supreme court
iSf sHen^s't''" Selected by him, or, in the absence of the chief justice any
bonds giTen'be- two judges selected by the senior judge, together, in either
s'ion."*' ' case, with two members of the executive council, shall meet
in Halifax during Michaelmas term in each year, and select
HTLE XII,] SHERIFFS. X63
three persons for sheriffs for each county, out of whom the Chap. 40.
governor in council shall prick one to serve for the ensuing
year, who shall reside in his county, and who, upon giving
security by bond' as hereinafter mentioned, shall receive his
commission and be invested with the powers of office.
2. A sherilf may receive his commission before his bond commission
is approved in case the late sheriff has misconducted himself forJbSgly-
or any of his sureties have become insolvent, or in case of e° i° oortam
the decease of a sheriff; but such new sheriff must find
approved security within one month, to commence from the
date of the commission.
3. If any person appointed shall refuse to accept the Fine for leflis-
office, he shall forfeit fifty poundfe, and the governor shalUl,^? ^~"i''
prick another from the list.
4. The name of a person serving the year previous in sheriff re-eiigi-
any county may be again returned, unless a 1-epresentation jeo^tod to by
by a majority of the justices in session against him be filed ^^™"^-
in the supreme court in Halifax before Michaelmas term.
5. If a sheriff die whilst in office his deputy shall act Death of sheriff
till another be appointed, and the "sureties of the sheriff so IgaSst.*^
dying shall be liable for such deputy as if the sheriff were
living. If there be no deputy the governor in council may
commission a sheriff for the remainder of the year, who
shall file security as other sheriffs.
6. Every sheriff shall deposit in the provincial secre- Bonds how giv-
tary's office a bond for the discharge of the duties of office, ^^^^^ '■'^^'
to be made to her majesty : himself in one thousand pounds,
with two sureties each in five hundred pounds, and the
bonds when approved shall be registered in the provincial
secretary's office, on the oath of a subscribing witness.
Where bonds are lost, certified copies shall be receivable in
evidence.
7. Such bonds when received by the provincial secre- Allowance of
tary shall forthwith be laid before the governor in council, sUjnsMicMlof
who shall approve or disallow the same within twenty days, disallowance.
Any sheriff whose bond has been disallowed and not giving
a satisfactory bond after reasonable notice, may be removed
by the governor in council, and the sheriff for the preceding
year shall continue in office, his sureties remaining liable.
If he be the same person he shall act under his former
appointment, and his former sureties shall continue until
he find approved security or be removed from office.
8. The sureties shall be responsible for the performance Respousibiii-
of the sheriff's duty until the approval of new security, anrsutetttu?"
They may at any time pray the governor to relieve them, ''<>" "^ others.
and if, upon being required, the sheriff shall fail to sub-
stitute other approved sureties within one month, the
governor in council shall remove him from office.
9. Before entering upon his duty, every sheriff shall sub- sheriff's oathi
scribe the following oath :
" 1, A. B., do solemnly swear that I will truly serve the
11 '
164 CORONERS. [part I,
Chap. 41. queen in the office of sheriff for the county of , and
promote her majesty's profit in all things which belong to
my office, as far as I legally can. I will truly, to the best
my skill and judgment, execute the laws and statutes of
the province, and in all things will act uprightly in my
office for the honor of the queen and the good of her
subjects."
Fine for ne- 10^. If any sheriff delay more than two months after Ms
fMn'icfo'unts' 7^^^ of officc expire to render an account on oath to the
01 forfeitures, provincial secretary of all forfeitures and debts of the crown
levied by him, with the names of parties paying, he shall
forfeit twenty pounds to the use of the crown.
Suits upon she- 11. Any person injured by any act or omission of a
brraght'^^'''"^ sherifi", may sue on his bond in the name of the queen, and
be entitled to the proceeds with costs. The defendant shall
be- entitled to costs if judgment be given in his favor, but
no action shall be brought upon the bond until judgmeat
shall first have been recovered against the sheriff.
Damages regu- 12. In an action brought against a sheriff, jailer, or other
for escapes!'^ officer for an escape under an execution in a civil suit, the
jury shall not be bound to find for the whole amount for
which the prisoner was committed, but they shall find a ver-
dict for the plaintiff for such sum only as they shall think
right and proper under all the circumstances of the case,
unless it shall appear on the trial that the escape was con-
nived at, or the officer guilty of gross negligence, and in
no case shall they find for more than the amount for which
the prisoner was committed.
Writs returned 13. Sheriffs shall return all writs to them directed with
with items'^of'^ the amoust of their fees thereon endorsed, and the several
fees. items thereof specifically set forth, otherwise the same shall
not be taxed or recoverable. Sheriffs shall indorse upon
every writ returned by them an account of their doings
thereon, and when and how executed, and the amount col-
lected on all writs of execution.
Limitation of 14. All actions' against sheriffs must be brought within
actions. three years from the accruing thereof.
CHAPTER 41.
OF COROXEES.
Coroners, how 1- Coroners may be appointed by the governor in coun-
sworn'''^'^ ""'^ oil, and shall be sworn into office before a judge of the
supreme court or the custos of the county.
Inquisitions, '■^- Coroncrs shall return their inquisitions to th« clerk of
when^and how the (3rown for the county at or ■ before the then next sit-
TITLE XII.] CLERKS OP THE PEACE. Ig5
tings of the supreme court. The clerk shall file the same Chap. 42.
without fee, and give the coroner a certificate containing ~
the date of the inquisition and the date of filing.
3. Coroners shall either personally or by a constable, Juries how sum-
farnished by them with a precept, summon a jury of the "om mk^§e oi'
inhabitants of the county to attend inquisitions when requi- Sunday.
site at a time and place appointed, and, if necessary, may
hold inquests on a Sunday.
4. Upon the certificate of such clerk of the crown being Feeforinqnjsi-
filed with the provincial secretary, the governor may draw and'appropriA°
a; warrant on the receiver general .in favor of the coroner *'^'*-
for fifty shillings in full for each inquisition, twelve shillings
thereof to be paid to the jury and two shiUings and six
pence to the constables,, for their fees.
5. If there be any further necessary or extraordinary Extra charge,
charge on an inquest or burial, besides those mentioned in ^°^ defrayed,
the first four sections of this chapter they shall be defrayed
by the county.
6. If any grand jury neglect or refuse to make a present- Justices may
ment for the amount of expense so incurred, the justices in *""^'^°®-
session shall amerce the county for any sum which may
appear to them necessary to be raised for that purpose.
7. Any person aggrieved by the assessment, may appeal, Appeal,
as in case of ordinary county rates.
8. In the absence of the coroner, an inquisition may be Justices to act
held before a justice, who shall be entitled in such case to oorraM""" °''
the same fees as a coroner.
9. Coroners shall return lists in triplicate of the inquests Hetums to
held by them, together with the findings of the juries, to the J™fd of statu.
board of statistics, on or before the tenth day of January
in every year, under a penalty of five pounds.
# - ^^ ^
. CHAPTER
OF CLERKS OP, THE PEACE
1. Clerks of the peace shall be appointed by the custos cieriis of peace,
of the county or district during pleasure, and shall be aSdsw'orn."*'"^
sworn into office by the custos or a judge of the supreme
court.
2. Upon the death or removal of the custos, and also vacancies, pro-
xA , r ■ •, p _Li • i.-\ en p visions for and
upon the vote oi a majority of the sessions, the office of howfliiod.
the clerk of the peace shall become vacant ; but clerks of Duration or
the peace shall continue to hold office until their successors °^'^^'
are appointed.
3. Every clerk of the peace shall cause to be engrossed ■''°^^°|e™o'f
in a book kept for that purpose only, and properly indexed, session.
all rules, regulations and orders of the sessions in force, or
166 PEOTHONOTARIES — CLERKS OF CROWN. [PAET I.
C/HAP. 43. such as may be made, with their dates respectively, which
book shall be open for inspection at all reasonable times.
^ard^of'statiB- ^' ^^^ry clerk of the peace shall, annually, on or before
ties. the tenth day of January, return in triplicate to the board
of statistics a list of, all convictions had, and of all fines
and penalties imposed by the sessions, the amount of fines
and penalties collected and how appropriated, with the
names of all offenders, under a penalty of five pounds.
«ioe Itln'oaseB ^' ^'^ clerk of the peace shall receive any fee for the
•fiioense. duties of office oxcopt in cases of licenses only.
Deputies tohavo 6. The clerks of the peace in the several counties or
a^™prmcTpais*°" districts, with the consent of the custos, may appoint depu-
aiWe for 'their' *^^® ^° ^^^ ^'°*' ^^^^^ i" '^^^^ of sickness or temporary
deputies. absence; for whose conduct the principal shall be respon-
sible ; and all deputies so appointed shall have the same
powers vested in them for the time being, as by law are
vested in the principal, and their acts shall be equally vahd.
CHAPTER 43.
OP PEOTHONOTARIES AND CLERKS OP THE CROWN.
Ofiioerfpro- 1. The office of prothonotary of the supreme court and
clerk of the also the office of clerk of the crown forthe whole province,
provfiio"ab'o! are respectively abolished.
fished. ■ 2. James W. Nutting, esquire, may continue to hold
coSi?u6"to^*° the office of prothonotary and clerk of the crown for the
ees fo?HaiSi. county of Halifax, in the same manner as he held the office
of prothonotary and clerk of the crown for the whole pro-
vince under his patent.
A prothonotary 3. The governor in council shall appoint and commission
foreaoheoun't^ 0^® person to be prothonotary of the supreme court and
clerk of the crown in every other county, except Halifax,
and in Halifax when a vacancy shall occur, and every such
prothonotary and clerk of the crown shall, within and for
the county for which he may be appointed, have, and exer-
cise, and be liable and subject to all the same duties, rules,
enactments, powers, and regulations as were respectively
had and exercised by the prothonotary of the supreme
court and clerk of the crown, and his deputies, or to which
he or they is or are, now subject and liable.
Prothonotaries 4. The prothonotaries in the difierent counties shall, on
tur'Soffees"nd or before the first day of February, in every year, so long
thi?^^!^"/^^ ^^ James W. Nutting, esquire, shall hold the office of pro-
the receiver thonotary and clerk of the crown for the county of Halifax,
|a?doverto J. make a return, under oath, into the receiver general's office
w. Nutting. of the fees received by them; and the prothonotaries of
TITLE Xn.] PROTHONOTAEIES — CLEEKS OP CROWN. 167
the several counties, Halifax excepted, shall, at the same Chap. 43,
time pay over one-third of such fees to the receiver general,
who shall pay over the same to the said James W. Nutting —
provided no greater sum shall be paid out of the sums so Proviso,
paid in any one year, than will, together with the fees of
the prothonotary, and the emoluments of the clerk of the
crown in Halifax, amount to five hundred pounds, and if in
any one year such fees and emoluments shall not amount to
five hundred pounds, he shall receive the deficiency from
the receiver general, if there should be at any time a suffi-
cient balance in the treasury of funds paid in under this
chapter.
5. The proviso in the fourth section is hereby declared Section 4 ex
not to have any reference to the sum of eighty pounds, p^*^"^''-
sterling, annually granted to the clerk of the crown at Hali-
fax, for his services in that capacity, and the sum of five
hundred pounds payable to Mr. Nutting, under such section,
is hereby declared to be receivable by him thereunder,
exclusive of such annual grant.
6. The prothonotaries and clerks of the crown to be Prothonotariea
appointed as aforesaid, shall give bonds in such sums and the o"row t?
with such securities as may be directed by the governor in sive bonds.
council, conditioned for the performance of the duties of
their office, and for the payment of the monies hereinbefore
directed to be paid to the receiver general.
7. The prothonotaries throughout the province shall proaonotaries
issue subpoenas in crown cases, and perform all such other — ^'^'^^^ "f-
duties as appertain to the office of clerks of the crown.
8. The prothonotaries as a compensation for such ser- compensation
vices may retain out of the proportion of fees required to be —how obtained,
paid into the treasury, by section fourth, a sum not exceed-
ing ten pounds, for each year, and out of any sums by them
heretofore paid into the treasury they may receive the same
allowance as if such sums had not been paid in.
9. The monies paid into the treasury, by virtue of such Monies paid in-
fourth section, by the prothonotaries in the island of Cape prothon"otariM"
Breton, shall be paid to Charles E. Leonard, esquire, pro- S wh^om^pai™'
thonotary at Sydney, instead of being paid to James W.
Nutting, esquire, as directed by such section.
10. The salary, or emoluments of James W. Nutting, salary of j.w.
in ,N' T ■ • 1 1 , r. ,1 . °' Nutting not dl-
esquire, shall not be diminished on account of the monies minisiied.
retained by, or paid to the prothonotaries, under the seventh
and eighth sections of this chapter, but the amount of such
sums shall be paid to him out of the treasury.
16*8 holding sessions. [paet i,
Chap. 44.
CHAPTER 44.
OP THE TIMES AND PLACES OF HOLDING THE SESSIONS.
HaUfax ses- 1. The general sessions of the peace for the county of
held; grand Halifax shall be held on the first Tuesdays- of March, June,
jury to attend. September and December, respectively, and the grand jury
are Tequixed to give their attendance thereat,
cumblrilnd ^' "^^^ general sessions of the peace in the other coun-
Pictou, Hants, tics shall be held as follows :
pfif btgbX ^or Colchester, on the second Tuesday of January.
ISeens'^sh^ei- Cumberland, first Tuesday of January.
i>»rne,Var- Pictou, first Tuesday of February and first Tuesday of
mouth, Sydney, j -. ' •' •' "
Guysborough, J Uly.
v??toririnver- Hants, first Tuesday of October.
OTind'^urTs""^' Kings, kst Tuesday of April and last Tuesday of October.
attendance Aunapolis, third Tuesday of April and, last Tuesday of
when required. October^
Digby, at the sessions house at Clare, last Tuesday of
April ; at Digby, first Tuesday of November. The grand
jury shall attend each sitting.
Lunenburg, second Monday of April.
Queens, second Tuesday of January.
Shelburne : at Barrington, on the Monday next after the
fourth Tuesday of April ; at Shelburne on the Monday next
after the last Tuesday of September. The grand jury shall
attend each sitting.
Yarmouth : at Tusket Village on the last Tuesday of
April; at Yarmouth, the third Tuesday of September.
Sydney, second Tuesday of January.
Guysborough : at Guysborough on the third Tuesday of
January and first Tuesday of May ; and at St. Mary's on
the first Tuesday of October. The grand jury shall attend
in January and October.
Cape Breton, first Tuesday of March and second Tues-
- daj'' of July. The grand Jury shall attend in March.
Victoria, third Tuesday of March, and third Tuesday of
July.
Inverness, second Tuesday of March, and first Tuesday
of October. The grand jury shall attend in March.
, Richmond, second Tuesday of February.
In counties where two terms are held, except as above
provided, the grand jury shall attend only at the fall or
winter term. In all counties where there is a single ses-
sion for the year, the grand jury shall attend.
Buration of the 3. The general sessions may be kept open in the county
sions^rf^ad-^ 0^ Halifax fourteen days, but in other counties not more
joHmments. than ten days, • and they may be adjourned from time to
time during term as occasion shall require.
TITLE Xn.] SPECIAL SESSIONS. Ig9
4. Bills of mdictment maybe preferred, found, and tried, Chap. 45.
and judgment thereon given in the general sessions of i^JI^^^
the peace for the county of Halifax as heretofore, and per- ™ay be found
sons convicted thereat may be sentenced to confinement in iifax sessions,
the provincial penitentiary, in the same manner as if tried
and sentenced in the supreme court.
5. When a question of law shall arise, and the sessions cases may be
desire the opinion of the supreme court thereon., the clerk sup^remeoourt.'
of the peace may be ordered to prepare a case, to be signed
by the custos or the presiding justice, which may be filed
and entered by either party interested therein, or by the
clerk of the peace with the prothonotary, for argument at
the next sitting of the supreme court in the county.
6. The presiding judge may order the case to be sent Amendments ;
back to be amended if he shall see fit. He may hear and pr^S to.
determine the same, or he may, if he think the matter more fit
for the determination of the whole court, grant a rule nisi,
returnable at Halifax, to be argued and disposed of as other
rules are. The judgment of the supreme court, whether in
the county or at Halifax, shall be embodied in a rule and
returned to the court of sessions by the prothonotary, and
shall be final.
CHAPTER 45.
OF SPECIAL SESSIONS.
1. The custos of his own authority may, and upon the Special sessions
written requisition of three justices specifying the particu- what'buslness
lar objects thereof shall, call special sessions for the trans- transacted,
action of any business which may be legally transacted
thereat, and he shall in all cases direct the clerk of the
peace to convene the same, giving him at the same time the
necessary information as to the objects thereof, and the
clerk of the peace shall fortwith post up advertisements in
at least five of the most public places in the township or
settlement interested in the business to be transacted at
such sessions, and if there shall be any business afiecting
the interests of the county or district generally, then adver-
tisements shall be posted in at least three of the most public
places in each town'ship of such county or district, and all
such advertisements shall be posted up at least five days
before the meeting of the sessions, and shall mention the
particular business to be transacted thereat, and a copy of
the notice shall be filed by the clerk of the peace, and no
business shall be transacted at such sessions other than that
contained in the advertisement. In case of the absence
from the county, or iUness of the custos, any three justices
170 COUNTY ASSESSMENTS-. [PAET I,
Chap. 46. may direct the clerk of the peace to call sucbi special
sessions.
Number of ins- 2. Every special session, tinless otherwise prescribed,
iSlToT^' shall be composed of five or more justices and the clerk of
made and filed, the peace, or in his absence, a fit person to be named by the
justices present shall attend and make a record of such ses-
sions and of all proceedings had thereat, to be filed in the
office of the clerk of the peace.
CHAPTER 46.
OP COUNTY ASSESSMENTS.
County trea- 1. The grand jury shall annually at the general sessions
point'od."" "'''' present the names of three persons, being residents in the
county, one of whom shall be appointed by the court,
treasurer for the county, w^ho shall give bond to her majesty,
with sureties to be approved of by the custos, in a sum to
be named by the sessions, for the performance of the duties
of his office, and shall be sworn into office ; and such trea-
surer shall continue to hold office until a successor be
appointed.
Presentments 2. The grand jury, on their own knowledge, the recom-
purpose™^ mendation of the court, or the representation of three or
more freeholders of such county, shall present any sums of
money necessary in their judgment, for any public purpose
within the county ; the same to be confirmed by the sessions,
Remuneration ^"^^ they may include for their own remuneration while
to grand jurors, actually attending the court of sessions, such sum as they
may judge necessary, so as the same shall not exceed two
shillings and six pence per day for each juror actually
attending, and six pence per mile travelling expenses, the
distance to be counted from the residence of the juror to
the place where the court is held.
Presentments, 3. Upou the petition of twenty freeholders of any toAVH-
for local and for i ■ '■^ ,-n i.i ii -j.- c i.^
special pur- Ship or place, certified to be such by a justice ot the peace,
poses. the grand jury may present any sums necessary for the
erection or repairs of lock-up-houses, and the payment of
keepers thereof; for the purchase, the erection, hiring, or
repairing of market or town houses, for the providing of
hay scales, weights, and appurtenances, for sets of weights
and scales and for measures, long, liquid, and dry, for any
township or place, and such sums when confirmed by the
sessions shall be added to the apportioned assessment upon
such township or place, and assessed and levied exclusively
thereon. The sessions may make regulations for the us©
and management of such buildings tod public property,
and may appoint keepers thereof.
TITLE XII.] COUNTY ASSESSMENTS. 171
4. If any grand jury neglect or refuse to make a present- Chap. 46.
ment when necessar)^ for any of the following purposes, Amorooments,
that is to say : for the building or repairing a jail or the anTs^^ocmc ob
appurtenances thereof, a court house or sessions house, and jects m cases of
for fuel for the use of the same; for erecting and repairing legieot?"^*'*
pounds, and providing bolts, bars and shackles ; also for
conveying persons accused of crimes to jail when the dis-
tance shall be three miles or upwards, at a rate not over six
pence per mile ; for the decent support of poor criminals,
or poor debtors in jail, for the salary to the treasurer of the
county, for a salary to the clerk of the peace of not less
than twenty pounds, for the maintenance of a jailer, for the
paying of criers for the several courts, for defraying the
expenses of poor witnesses on the trial of persons accused
of any criminal offence, for defraying the charges of public
executions and of conveying criminals under sentence to
their places of confinement, for defraying the expenses of
persons sentenced to confinement and labor within the
county, and procuring materials for such labor ; for paying
extraordinary expenses ordered by the sessions to con-
stables and incurred in execution of their duty in cases of
riot or felony ; for paying allowances to special constables
ordered by the sessions about executing or assisting, or
trying to execute warrants for felony or misdemeanor ; for
expenses incurred or necessary to be raised about repairing
bridges within the county , for' expenses incurred about
removing county- rates by certiorari or otherwise, or in pro-
secuting or defending any action or proceeding at law
respecting such county afiairs ; the justices in session shall
amerce the county for any sum which may appear to them
necessary to be raised for any such purpose.
5. So soon as the amount to be raised in the county Apportionment
shall be determined, the sessions shall ascertain what portion sessment upon
each township and place shall contribute. p'jrMs*"'^
6. The amount to be assessed upon the city of Halifax Apportionment
being so ascertained, shall be furnished by the clerk of the oS™iiow'as-
peace to the city clerk, and thereupon it shall be assessed ^^^^^ ""'^ p"'"-
upon the city, and collected at the same time and in the
same manner as other city rates. The amount so collected
shall be held payable to the order of the sessions. The city
of Halifax is exempted from the operation of sections 7, 8,
9, and the sections from 48 to 66 inclusive.
7. When any presentment shall be made, the grand jury ^pYieot'ora^how
shall furnish to the court the names of such number of appointed,
persons of the county as the court shall direct, to be asses-
sors and collectors respectively for the several townships
and places in such county, and the court shall appoint not
less than half the persons named.
8. In case of amercement where no assessors or collec- Apportionment
tors shall have been appointed, the sessions shall appoint LmercSnent.
the necessary number, being persons resident within the
county.
172 COUNTY ASSESSMENTS. [PART I.
Chap. 46. 9_ fphe clerk of the peace for the county shall in all
notified" f°^° cases notify the assessors of their appointment, and they
pointraent ; fine shall be swom into ofSce ; and in case of refusal to act,
to^refusai to g^^j^ assessors shall forfeit five pounds,
compenaation 10. Assessors shall return with the assessment roll a
for assesors. statement of the time spent by them in such duties ; and
such compensation for their services, not to exceed five
shillings per day for each assessor, as shall be presented by
the grand jury and confirmed by the court of sessions, shall
be a county charge, and be added to the amount to be
assessed upon the county.
Persons liable 11. For all purposes for which local and direct taxes are
to taxation. ^^^ j,jjg^jj ^^ levied by authority of law, unless otherwise
specially provided for by law, all land and all such personal
property as is hereinafter defined, whether owned by indi-
viduals, co-partners, or corporations, shall be liable to
taxation, subject to the exceptions hereinafter specified;
and the occupant of any crown land shall be liable to
taxation for the land so occupied, but such land shall not
be chargeable for the same.
||Land" and^^ 12. The term " land," as used in this chapter, shall be held
— meanuigof to iuclude the land itself, and all btiildings and other things
words. erected and fixed upon the same, and all mines, minerals,
quarries, and fossils, in and under the same ; and the term
" real estate" in this chapter, shall be construed as having
the same meaning.
Personal estate 13. The words "personal estate," and "personal pro-
property-what P^rty," when they occur in this chapter, shall be understood
they include, to include all such goods, chattels, and other property as
are enumerated in schedule A. hereto annexed, and no
other; and the term "property," shall include both real
and personal property as above defined.
Property ex- 14. The foUowiug property shall be exempted from
aUon. ™™ ^^' taxation, viz : Fir st,^— lands belonging to her majesty, or
held in trust for her majesty for the public uses, of the
province. Secondly, — every place of worship, every church
yard or burial ground, the real estate of every college,
academy, or other seminary of learning, every public school
house, town hall, court house, lock-up house, temperance hall,
all public landings, public breakwaters and public wharves,
all school lands, and the property of every township or
town, city, or county, if occupied for the purposes thereof,
or if unoccupied. Thirdly, — the provincial penitentiary,
and the land attached thereto ; the provincial lunatic asylum,
and the land attached thereto ; the provincial railway, roll-
ing stock, and railway stations, and lands attached thereto,
or to the railway. FourtMy, — ^lands belonging to any widow
or minor when of less value than one hundred pounds
PoU tax-in Currency. Fifthly,— imiAB invested in provincial debentures,
what proper- 15. One fourth and no more of all local and direct taxcs
whom."*' "^''° shall be levied and assessed by an equal rate, as a poU tax,
TITLE Xn.] COUNTY ASSESSMENTS. 1-73
on all male persons living within the district, of the age of Chap. 46.
twenty-one years, and not being paupers, and the other
three-fourths shall be levied and assessed upon the whole
taxable real and personal property of the locality, to be
taxed in proportion to the assessed value thereof, and not
upon any one or more kinds or species of property in par-
ticular, provided that such poll tax shall not exceed the sum
of one shilling and sixpence on any individual.
16. In making up the assessment roll, the assessors shall Assessment ron
be governed by the following rules : "
I. Where the owner or occupier is resident within the To include aii
county, the assessors for the district within which he resides perty .of resi, ,
shall include in the roll the whole of his asses^ld^roperty. ^"*^'
II. If such property be situate in different districts of ^^^^^g^™?^^-
the county, it shall be so discriminated in the assessment districts.
roU, as to shew for what amount he is assessable in each
district.
III. Where the owner or occupier is not resident within Non-residents,
the county, or is unknown, and the lands are unoccupied,
the lands shall be assessed as lands of non-residents, in each
separate district in which they lie.
IV. Where the owner of lands which are occupied by Tenants,
another party as tenant for any period less than one year,
resides within the county, the lands shall be estimated as
property of the owner, saving his recourse against the
occupier ; and where the owner of the lands is not resident
within the county, they shall be estimated as the property
of the occupier.
17. Between the first day of November and the first day ag"ssment rSi
of December in each year, the assessors appointed by the to be made.
grand jury and court of sessions for each township or dis-
trict, shall proceed to ascertain, - by diligent enquiry, the
names of all the taxable inhabitants within the same, and
also aU the taxable propeYty within the same, its extent,
amount, and nature. They shall then prepare an assessndent
roll, in which shall be set down in separate columns, and
according to the best information in their power, the names
of all taxable parties in the township or district, with the
extent or amount of property assessable against each, under
the provisions of this chapter, and containing the parti-
culars mentioned in schedule B. for each of the items of
which the assessment roll shall contain a separate column.
18. The- lands of non-residents shall be designated in Lands of non-
the assessment roll, but in a separate part of it, under the '■«si'ie'''s.
head of " assessment roll of non-residents lands," and shall
contain the several particulars specified in that part of
schedule B. which refers to such lands.
19. All real and personal property liable to taxation vaiue of pro-
shall be estimated by the assessors at its full value, in the SSfc."^ *^'
same manner in which they would appraise the same in
payment of a debt due from a solvent debtor.
74
COUNTY ASSESSMENTS,
[part I,
Dhap. 46. 20. The assessors shall complete the rolls on or before
)mpietion of ^^^ tenth day of January in each year, and they, or a
n. • ■ - - - — - . - -
irtificate.
ill to bo for-
irded to olork
peace, and
tsted up.
>unt7 rates,
esidonts.
lor rates,
an-residents.
erk of peace
make out
nnty rate.
lall transmit
clerk of poor
strict part of
11 applicable
poor rate.
erk of district
make poor
tc.
majority of them, shall forthwith thereafter sign the same,
first attaching thereto a certificate in the following form :
" We do severally certify that we have set out in the
above assessment roll, all the real and personal property
within the county, owned or occupied by persons residing
within our district ; _and all the real and personal property
within our district owned or occupied by persons not resid-
ing within the county, liable to taxation within our district,
and the actual value thereof in each case, according to our
best information and judgment. We further certify that we
have in such ^oll set down the names of all the inhabitants
within such district subject to a poll tax."
21. The roll thus certified shall be forthwith forwarded
to the clerk of the peace for the- county, and a true copy
thereof similarly certified, to be made by the assessors,
shall be forthwith posted up hy them in some public and
conspicuous place within the township or district for which
they are assessors, for the information of all parties con-
cerned.
22. From such roll the county rates and poor rates shall
be made as follows :
I. Any party residing within the county shall be taxed
for his county rate in one sum, which shall be collected by
the collector of the district where he resides.
II. Such party shall be taxed for his poor rate in each
district where his taxable property lies, and the same shall
be collected by the several collectors of the poor rates in
the several districts.
III. Where the party taxable is a non-resident or
unknown, his property shall be taxable for both poor and
county rates in the district where such property lies. .
23. The clerk of the peace shall on or before the first
day of April in every year make out from such roll the
county rate for each township or district, containing the
particulars mentioned in schedule C. or other particulars to
the like effect.
24. Such clerk shall also, on or before the first day of
January in each year, transmit to the clerk of each poor
district,, to be appointed as hereinafter mentioned, so much
of such roll as may be necessary to make out the poor rate -
for such district. • (^.-O^ ^'Jr^T:;i^^^'^'^'^ ^''^ '^''
25. From the roll so transmitted, the clerk of the poor
district shall make out the poor rate for his district, con-
taining the same particulars as the county rate collectors
roll, making allowance for necessary differences.
26. On the assessment roll, whether of county or poor
rates, shall be set down the name of each party assessed,
the amount of his poll tax, the correct assessed value of the
real and personal property of each party for which such
TITLE XII.] COUNTY ASSESSMENTS. 175
party is taxable ; and, there shall also be put down on such Chap. 46.
roll the true valuation of the lands of non-residents oppo- ~
site to the names of such non-residents, and also the amount
chargeable upon such lands.
27. The clerk of the peace shall deliver the roll so to To be delivered
be made by him to the collectors appointed by the court eierk oT«" '^^
and jury for each township or district. p'^'"'^-
28. The town clerk or clerk of the poor district shall Collector's rou
deliver the collector's roll of poor rates so to be made by ° p""''* "^^■
him to the collectors who shall be appointed as hereinafter
mentioned. ^h ; ■ • . > . . . /I '
29. At any meeting held under the fiftee^sh^ection of ^^''5ig"||™*g'^'
chapter 89, the inhabitants shall choose so many collectors
as they may deem necessary to collect the poor rates for
the district or township within which such meeting shall
be holden, and shall also choose a clerk, to be called the
clerk of such poor district, who shall act as clerk to the
overseers of the poor for the district ; and such inhabitants
shall award to their clerk a reasonable remuneration, to be
fixed at such meeting, and added to the amount to be asses-
ed on the district.
30. It shall be the duty of the collector of either poor or Duty^of ooUec
county rates, to receive the taxes assessed upon the pro- county rates,
perty of non-residents, if the same be tendered within the
time of his collection.
31. As regards the lands of non-resident owners named Regarding non-
in the collector's roll, it shall be the duty of such collector, f,^;*^*^"' "'"'■
where the owner is known to him, to transmit by post, a
statement and demand of the charges taxed against him in
the roU.
32. If the taxes be not paid within twenty days there- Unpaid taxes-
after, the collector may apply to two justices of the peace, onkmSaVirof
and upon affidavit being made of such statement, and ooUsoto'-
demand having been duly mailed by the collector, and that
the taxes are unpaid, and upon their being satisfied, that
there can be found on the lands sufficient timber, wood,
poles, or other materials to defray such taxes and expe^ises,
such justices shall issue a warrant authorising the collector
to sell so much of such timber, wood, poles, or other mate-
rials, as may be necessary, to pay such taxes and expenses.
33. Where the owner is unknown to the collector, affida- unknown own-
vit of that fact shall supercede the necessity of the affidavit '^^^'
of mailing a notice and demand, and in such case the war-
rant shall issue as provided in last section.
34. If the justices, on application of the collector, shall ^ert^exisSTo
be satisfied that no timber, wood, poles, or other materials ?**'*;^'*'j^"g''to
can be found on the land sufficient to satisfy the warrant, cer'tay the fact,
they shall give him a certificate to that effect, which shall
be his authority for taking no further steps to collect the
rate to which such certificate applies.
85. It shall be the duty of the collector to levy any war- ^^f "^'"^'
176 COUHTY ASSESSMENTS. {'PAET I.
Chap. 46. rant issued by such two justices, by selling so much of the
timber, wood poles, or other materials on the land, as will be
sufficient to pay the amount of such rates and the expenses
connected therewith; and in making such sale, he shall
sell only so much and such part thereof as shall be suffi-
cient to satisfy such rates and the expenses connected there-
with— first selling such part thereof as he shall consider most
for the advantage of the owner of the land to have sold.
Purchasers 36. A purchaser under such sale shall be entitled to a
entaytollmove right of entry upon the lands to remove the timber, wood,
materials. poles or other materials purchased by him at any time with-
in one year after the sale ; and to any other incidents that
may be necessary to render his right available to him, but
shall have no further right, privilege or easement whatever,
in respect thereof.
' s*ie— public 37. ' The collector shall give public notice of the day of
desorip°tfon°of the Sale, of the description of the property, and (when
property, &c. known) the name of the owner, and the amount of taxes
rated on the property, which notice shall be given at least
ten days previously to the sale, by handbills posted up in at
least five public places in the township near to the lands in
question, and the sale shall be made at public auction.
Surplus money 38. If the amouut realized by such sale shall be greate'r
— towhompaid. ^-j^g^^ i]^q amount due for the taxes and expenses, and the
cost, of such sale, (the same being regulated by the amounts
paid on constable's sales, under executions issued froih
justices,) the surplus shall be paid over to the county trea-
, surer, who shall enter the same as surplus funds in the book
to be kept by him as hereinafter mentioned.
Warrant to be 39. In case the collector shall be unable under such
retu nea, when, ■^ya^j.j.g.nt to coUect the amount by sale as aforesaid, then it
shall be his duty to return such warrant, with a statement
of his doings thereon to the county treasurer, within ten
days after the day named in his advertisement, for the sale
thereunder.
Assessment 40. Every collector shall at the expiration of the time
of, and when to limited by his roll, return to the county treasurer so much
anl^'o whom, ^f the assessment roll touching the lands of non-residents
as relates to those lands in respect of which the taxes
remaining unpaid, or in respect of which surplus shall arise
in all cases where sales under warrant shall have taken place,
and shall also return as aforesaid any certificate given to
him under the 34th section.
Records, &o. to 41. The county treasurer shall record in a book to be
county trea- kept by him for that purpose, the description of all such
lands, and shall minute opposite thereto, the taxes and costs
chargeable thereon, and the proceedings had in respect
thereof; and such taxes and costs shall be a privileged lien
upon the lands, bearing interest at ten per cent, for the first
year, increasing annually by two per cent, additional until
payment.
surer.
TITLE XII.] COUNTY ASSESSMENTS. 177
42. It shall be the duty of the county treasurer to lay Chap. 46.
every year before the court of sessions for each county, the warrants by
book containing such entries, and such court shall have the whom awarded,
power, in case they see fit so to do, to award a warrant to
the sheriff of the county for the sale of so much of such
lands as may be necessary to pay and discharge the amount
of the lien thereon with costs of sale ; provided always,
that no warrant shall issue for the sale of any lands until
after the rates due thereon, or some part thereof, shall have
been unpaid at least three years.
43. When the court shall have ordered a sale, the clerk saie— whenor-
of the peace shall issue a warrant addressed to the sheriff of proceeding"' '
the county where the lands lie, ordering him to make sale tiiereupon.
of so much of the lands as may be necessary to pay the
charges against the same.
44. The sheriff shall thereupon sell by public auction, so sheriffs sale ;
much of the lands as shall be sufficient to discharge such aoid.
taxes and expenses, and the charges of sale, selling first in
preference such part of the lands as he may consider to be
the least to the injury of the owner, and in all other respects,
as to notices and other preliminaries of sale, conducting the
same agreeably to the forms prescribed on sales under judg-
ments of the supreme court, and within one month after sale
he shall return his warrant to the county treasurer, and pay
over to him the proceeds of such sale, deducting such costs
as he would have been entitled to under judgment sales.
The sheriff's deed, which shall be in the form E. annexed
hereto, or to that effect, shall be considered prima facie
evidence of the title of the lands being conveyed to the
grantee.
45. The county treasurer shall note in the book to be surplus— how
kept by him, any surplus monies, arising by constables' or 'I'^p"^^* "f-
sheriffs' sales, opposite the record of the description of the
lands, and any such surplus shall in the meantime be added
to the general county fund and be paid to the order of such
person or persons as shall prove to the satisfaction of the
court of sessions his or their right to the same as owners
of the lands in respect of which the sale occurred.
46. The county treasurer, on receipt of the taxes on The poor rates
lands of non-residents, shall pay over, as soon as reasonably 'i^^d^utftahl'
may be, to the overseers of the poor of any district, so paid over.
- much of those monies as belongs to the poor rates of the
district.
47. After the assessment roE shall have been made up Assessors of
in pursuance of this chapter, no assessor of poor rates shall ^"""^ ''^''^^•
be chosen.
48. The collectors shall pay over the monies received To pay orer to
without delay to the treasurer, who, if necessary, may mai^ nerairetu'rnojf
tain an action therefor, as for money had and received to the (defaulters.
use of .such treasurer ; and such action, whatever may be
the amount claimed, may be brought before any two justices
178 COUNTY ASSESSMENTS. [PART I,
Chap. 46. of the peace for the county, suhject to appeal as in ordinary
cases ; and every collector shall make a general return to a
justice within the township or place, or if none reside there,
to any justice of the county, of every person who, after
demand made, shall not have paid his rate ; and the collector
shall make oath in writing before such justice, setting forth
the name of every defaulter, the sum assessed, that demand
has been made, and what portion of the rate is unpaid.
General war- 49. . Such jUStice shall thereupon forthwith issue a gene-
may ifsue-'oon- ^*1 warrant of distress against the several defaulters in the
stables' fees, form in the schedule directed to a constable not being such
collector, commanding him to levy from the goods of each
person named in the warrant the sum due by such person,
with constable and justice's fees. The justice's fee for such
warrant shall be three shillings and sixpence, and the con-
stable's fee for each person in the warrant shall be one
shilling, but the constable shall have no travelling fees or
poundage, and the justice's fee shall be apportioned among
the several persons, if more than one, in the warrant; and
no suit shall be brought against such defaulters before any
' justice,
conatabicis' du- 50. The coustable shall forthwith execute such warrant,
ty on warrant, ^^(j pg^y over the amount collected thereunder to the collec-
tor for such township or place, who shall thereupon pay the
same to the county treasurer.
Commissions to ^1. The rate of commission to collectors shall not be
coUectors. more than five per cent, but the sessions shall have power
to fix a smaller rate.
Collectors' ^2. Every person appointed a collector who shall
'^e'iect^°* ^°^ neglect to be sworn into ofiice, or who shall not perform
the duties thereof, shall forfeit forty shillings recoverable in
the name of the county treasurer, as other debts of the like
amount are, which sum, when collected, shall be paid into
the county fund.
Amcreements ^S. If the scssious shall ucglcct to make presentment as
by supreme herein directed, the supreme court shall amerce the county
court on ne- . , i n , , i n^ ■, ■ „ •'
gleet of ses- m such sum as shall appear to them upon affidavit of a rate-
payer to be necessary for the purpose of the fourth section,
which sum shall be assessed upon the inhabitants of the
county, collected, paid to the treasurer, and accounted for
as other rates.
Treasurer to re- 54. All monies belonging to or due the county shall be
airoouSty^*^ paid to the treasurer thereof, and all money due from
money. the county shall be paid by him on the order of the ses-
sions.
Treasurer's ao- 55. The treasurer shall once in every year make up his
prcpirud annu- accouut and Send the same to the clerk of the peace to be
audaudi^d'"^' ^'^^> ^^^ *^® s&me shall be laid before the justices and
grand jury on the first day of the next sessions, to be audi-
ted ; but the justices, either in general or special sessions,
may at any time before the sessions, if they see fit, order
Eions.
TITLE SII.] COUNTY ASSESSMENTS. 279
the county treasurer to make out and rejader his account up Chap. 46.
to any period named in such order.
56. The accounts for Hahfax county shall be laid before f°'^'?'^°'5'
the December sessions, and after they have been audited published in
shall be pubhshed in the royal gazette. S^"^ ^^'
57. There shall be allowed to the treasurer five per cent commissions to
on all monies received by him. ?:?"'*' '™'''"-
58. Any person aggrieved by the assessment or the levy Appeals, when
may appeal to the next sessions held in such caunty, or to eu£d.°" ^™™
any special sessions to be held for hearing appeals, giving at
least eight days' notice to the clerk of the peace of such
appeal who is required to appear in support of the . assess-
ment or rate; and the court of appeal, without predjudice
to the whole or any part of the assessment, may either set
aside or lower the rate on such person, or finally determine
the appeal as they shall see fit.
59. If any money has been paid by the appellant, and EOTaymentpr*-
the sessions adjudge that the same or any part thereof be Sdered by" es"-
returned, the same shall by order of the sessions be repaid ^oUode?ay coi-
by the treasurer out of any money received from the leetion.
general assessment of the county ; but no appeal shall delay
the collection or recovery of the sum assessed upon the
appellant.
60. Every person appointed by any presentment and overseers of
order thereon, or by any amercement, to be an overseer of aooountswith
work or distributor of money so raised, shall at the next cSm^s \oV'
sessions, and within a reasonable time, by the sessions to defaoif-
be appointed, produce his account on oath if required, with
vouchers, that the money by him received has been expend-
ed according to law ; and if upcn account made he shall be
found to have money on hand, he shall forthwith pay the
same to such person as the |essions shall appoint, and in
default of such account or payment he shall by warrant of
the sessions be committed to jail, there to remain in close
confinement for three months, or until such account be
made, and the balance be paid with costs, or sufficient
security be given for the same.
61. The sessions, out of the money assessed, shall from compensation
time to time order a reasonable compensation to overseers, co'nstabiesr'i-e.
distributors of money, and constables employed under this
chapter.
62. Forfeitures and penalties hereby imposed, the collec- Forfeitures aud
tion of which is not otherwise provided for, shall be sued ooneSandT
for by the clerk of the peace, by direction of two justices, disposed oi.
and collected as other debts of like amount, with costs ;
but no suit shall be brought before a justice who shall have
directed the same; and forfeitures and penalties when
recovered shall be paid to the treasurer for county pur- • '
poses. . .
63. No action shall be commenced for any thing done in Limitation of
pursuance of this chapter after six months from the date venne.'*''
12
180 COUNTY ASSESSMENTS.. [PAET J.
Chap. 48. of the act complained of; and every sucK action shall be
laid where the cause of action arose.
fertiot'ari, 64. No Certiorari to remove rates or orders, or other
and how obtain . proceedings of the sessions touching rates, shall be granted
qaa^'ed.^^*'™ tut upon motion in the first week of the next term in the
county after the time of appeal has expired; and upon it
being made to appear by affidavit that the merits of the
question on such appeal or orders will by such removal
come properly .in judgment ; and no certiorari shall be
allowed till a bond, with one surety to be approved by the
treasurer, be given to him in ten pounds to prosecute the
same with effect, and pay the costs if the rates or orders be
confirmed; nor shall any rates or orders be quashed for
matter of form, only, nor any general rate for any illegality
in the rates of individuals, except, as to such individuals..
_ „ , 65. No action shall be brought against a collector or
■oti-ecoverawe receiver of money on a rate subsequently quashed, on a
m eo ec ors. ggp^jorari or otherwise, but the person who has overpaid
shall have the amount refunded by the treasurer on the
order of the sessions.
66. The word " county" in this chapter shall include a
dStrieUncffr*" district whorcver a county has been, or hereafter may be,
tain eases. divided into districts.
in of ' ^'^' Where the word "court of sessions" and "grand jury,"
words "court of or other words to that effect are used in this chapter, the
■^Tn'thiB' same shall, in counties or districts incorporated, be con-
»hapter. etrued to mean the municipal council of such county or
district.
Haiifex— how 68. The city of Halifax sliall, so far as regards any rates
tor exeiHpted. ^^pijich under the authority of law the corporation has the
power to enforce, be exempted from the operation of all the
sections of this chapter 'from| 11 to 47 inclusive.
Proceedings 69. After the sessions of the county of Halifax shall
tobe contribu- ^^^Q ascertained what portion of the county rates shall be
**^X*?f'l'''*" contributed by each district and .place in the county, out of
nctshaU have , . „ ^^•',.„ _ i i i» i in i ' i
been aseertain- the cityof Hafitax, the clerk or the peace shall send to the
* " senior or some other justice of the peace resident in each
— - G4.^*7f district, or to such other justice as the custos shall direct,
^""^ lUj^ the amount af the county rates to be borne by such district,
■"^-^ /"^ and the justice to whom the same shall be sent shall, within
twenty days after receiving the same, call a public meeting
" of the inhabitants, by notice posted up in four or more of
the most public places therein for at least seyen days before
6uch meeting, at which meeting he shall preside, and the
majority of the persons present shall choose three or more
competent persons as assessors, and one competent person
as collector of county rates for such district.
Jn Base inhabi- 70.. If the. inhabitants of such district do not meet s«t the
^point asses- time and place appointed, or if in attendance they decline, to
^^iMe't."' *" appoint such assessors and collector, within one hour after
thetim&named for holdingsuch meeting, the justice appointed
I'lTLiE Xn.] OOTOJTT ASSESSMfeNTS. ■1§1
to preside thereat shall himself appoint the required asses- Chap. 46.
sors and collector.
71. The assessors and collector in each district shall be Duty, &c., of
notified of their appointment by the justice appointed to cKtors?'"^
preside, and after being sworn into office they shall proceed
to assess and collect the proportion of the rate to be con-
tributed by the inhabitants of such district respectively,
and the said justice shall transmit a copy of this act, with
the notice of appointment, to each assessor and collector. ^^'-^ ■ "^
T2. The assessors in each district shall ma,ke their assess- Time in which
ment within twenty days after being notified of their mSimade.
appointment, and they shall, within twenty-five days frbm
euch notification, furnish the assessment roll to the collector,
-who shall forthwith procfeed to collect from every person
therein named the amount assessed upon him.
73. In case any of the parties assessed do not, within Proceedings in
thirty days after they have been notified by the collector of piymouUf as-
the amount of their assessment, pay the same to the collec- ^^™^"'-
tor, any justice of the peace before whom the collector shall
make oath that such notice has been duly given, and that the
amount has not been paid, shall issue a general warrant of
idistreSs against such defaulter, directed to some one of the
constables in the county, who shall collect the amount of
assessment due by each party named therein, together with
ten per cent, on the amount of such assessment and his
fees, and shall make a return of his doings thereon to the
collector within seven days;
74. In case of neglect or refusal by the justice to call Justices, pcna
the meeting or to preside thereaj, or ^^ojg^point assessors %\'^ ae-ioct,
or collector,'"as required by the seae»d section of this chap-
ter, or to notify the assessors and Collector, or to swear them
^if required, he shall pay a fine of twenty pounds, to be
recovered in the supreme court in the name of the queen. ^ ,
75. Each of the said justices shall make a return of his Beturn of pro-
proceedings under this chapter to the first general quarter nait^°i^not
sessions at Halifax, and in default thereof he shall pay a fihe "^'''ns ™e.
of ten pounds, to be recovered in the supreme court in the ifeooveryof.
name of the queen.
76. In case of neglect or refusal of any of the assessors Assessors and
or collectors to fulfil the duties of their respective offices, naity fo'/ne|t'
or to qualify themselves by repairing to the residence of ^'"'*'''°'^""^^'''°*-
the justices appointed to preside at their district meeting, '
or to any other place appointed by him within the district,
and requiring him to administer the oath of office, and *
taking the same before him, they shall each pay a fine of ten
pounds, to be recovered before any two justices of the Hecoveiyof.
county by the clerk of the peace in his own name.
77. Appraisement rolls, apportionment of assessments, Appraisement
■and descriptions defining the limits of the -districts and sent to'justic't".
;places,and six copies of sections from 69 to 87,both inclusive, peatse, 4c°^"'*
of this chapter, shall be transmitted by the clerk of the peace
=•
182 COUNTT ASSESSMEHTS, [PAET 3,
Chap. 46. to the justices appointed to preside at each district meeting,
by mail, within one month after the seventh day of May,
1858, and after that year. within one month, after the appor-
W tionment shall have be«n made, and proof that the documents
^ have been mailed at the post office in Halifax shall be
> prima facie evidence of their having been received by the
\) justice to whom the same were addressed.
Return of o^i 78. The coUectors after finishing the collection shall
lectors. \ return the assessment rolls for their respective districts to
^ the clerk of the peace, with their doings thereon, on or be-
,^ fore the first day of December in each year.
Appointment 79. In case any of the assessors or collectors shall
coUeetora'^ln^ neglect to take upon themselves the duties of their office.,
appointed re^ °^ *^ qualify themselves after having received five days
fuse to act J notice of their appointment, the justice appointed, to pre:-
V side at the meeting shall appoint others in their stead, who
^3 shall be liable to the same penalty for neglect or refusal to
^ do the duties of the said offices.
Balance of as- 80. If the whole assessment to be contributed in any
alfTOii°tte(fto one year by a district be not collected and paid over to the
nexfvoar'""'^ county treasurer, the amount remaining unpaid shall be
^^ /i ' added to the next year's assessment of such district, and
.'^ collected from such district, with and in addition to such
r «
next year's assessment.
If no assess- 81. In casc from any cause the assessment be not made
inont be made
or collected. in any district and paid over to the county treasurer, either
y from no meeting having been held or from no assessors or
'^"y^ collectors having been appointed, or from any other cause,
"^ ^'°' ^ ^ the amounts of assessments to be contributed by the said
district, and all the expenses incurred, by calling the meet-
ing or otherwise, shall be added to the next year's ^ assess-
ment in such district, and collected therewith; or the
K^ sessions may send assessors and collectors from any other
i> district within the county, who shall be authorized to make
and collect from the inhabitants of the district, the amount
of asssessment to be contributed by them, and all the
expense incurred thereby, whether by sending assessors or
collectors, or otherwise, shall be added to the next year's
assessment on such district, and collected therewith.
I'ayment 01 as- oz. inesessions siiau DO auinorizea to pay out oi tne
whom? ^°^*^ county funds a reasonable remuneration for the services of
\ ^the collectors and assessors sent by them to assess and col-
. T J lect the assessment of any district in which the portion of
^ ^ county rate, payable therein, shall not have been assessed
^ 4,v or collected.
Compensation 83. All coUectors appointed under the 6&th section
for collectors. ^^^ -^^ addition to the five per cent hereinbefore provided,
receive such further sum for their trouble as the grand jury
and sessions shall think reasonable, but no account shall be
received by the gi-and jury and sessions for such extra ser-
vices unless it be duly certified by the justice appointed
TITLE ill.] COUNTY ASSESSMENTS. 183
to preside at the district meeting to be just and reasoii- Chap. 46.
able.
84. All travelling and other expenses incurred by jus- Expenses of
tices in the discharge of their appointed duties under the J"^™®^-
last fourteen sections shall be paid by the county, subject
to me approval of the grand jury and- sessions.
85. All penalties incurred under the said fourteen sec- Penalties— die-
tions shall, when recovered, be paid over to the county p"^®^*-
treasurer for county purposes. '^^)i' ^^J^^ir^
86. The clerk of the peace shall, when any fine or pe- cierk of the /
nalty is incurred, cause proceedings to be instituted to force%™yment'
enforce the paj^ment thereof, for the breach of any of the of nenaities.
provisions of the last sixteen sections, and if he shall neglect
to do so within ten days after he shall have been required
by the custos or the court of sessions, he shall pay a fine
of twentj' pounds, to be recovered in the supreme court in
the name of the queen, and in case the clerk of the peace Penalty for
shall neglect to fulfil any of the other duties imposed upon "^sieet,*c.
him by the same sections, he shall paj^ a penalty of ten ^
pounds to be recovered as aforesaid. j^
87. The last seventeen sections shall only apply to Application of
the county of Halifax, and shall not apply to the city of -■^^y^'-^-^^'^x.
Halifax.
88. It shall be lawful for the general sessions of any Assessors, looai
, ,jpjit' t and general —
county, on presentment from the grand jury recommending appointment cii
the same, instead of appointing assessors for separate town-
ships and places, to appoint in the same manner as other
county officers are appointed, two assessors for each elec-
toral district within the county, who shall be called local
assessors, and also to appoint for the whole county three
assessors, to be called general assessors; and thereafter the
.a,ssessment roll for each electoral district in any such county
ehall be made up by the three general assessors and the two
local assessors of the district, acting as a board of assess-
ment for such district.
89. In such case the clerk of the peace shall duly notify Meeting— noti
the local assessors of the days and places that shall be ^*"^''°" ''^•
appointed by the general assessors, for holding a meeting of
the assessors in each electoral district; and it shall be the
duty of the general assessors and local assessors to meet at
the time and place named in such notification, for the pur-
pose of making up the assessment roll.
SCHEDULE.
A.
All personal chattels of every kind and description at
their actual cash value, except as qualified beneath.
The average stock of goods on hand, of every merchant,
trader, or dealer, manufacturer, • tradesman, or mechanic,
guch average stock to be considered the mean between the
184'
cfftrarr assessments;
[part I.
Chap. 46. highest and the lowest amount of goods on hand at any
■ time during the year, and to be estimated at cost price.
One half the value of ships afloat, whether in the pro-
vince or elsewhere.
B. •
Assessment roll for the township [or district] of .
Name of tax-
able party.
Value of real
estate within
the county.
Value of per-
sonal estate
vitbin the
county.
Whole
taxable
property.
nistrict in
which pro-
perty is.
Amount assseseii
in different
townships
A. B.
£600
£200
£800
Township of
A
£250 0 0
C. D.
100
300
400 •
B
350 0 a
E. F.
200
200
C
200 0 ft
G. H.
50
50
.
Nonresidents
land -within
the township
1500
[or district],
per list.
Assessment Roll of non-residents lands within the township
[w district} of .
Name of taxable
party if known.
Number of acres
or thereabout.
Description of Igt sufficient to
identify it.
Value off
land.
J. K.
Unknown.
500
300
A lot of land situate to the
west of river, bounding
thereon on the east [or such other
description as may identify it^]
A lot of land originally
granted to A. B., [or such de-
scription as may identify it.]
£200
130»
TITLE Xa.]
COUNTY ASSESSMENTS.
c.
Collector's roll for county rates for the township
[or district] of .
Name of taxable
party.
Pen tax.
Taxable property.
Kate payable
thereon.
Total tax.
A. B.
Xs. 3d.
£800 0 0
8s.
9s. 3d.
C. D.
Is. 3d.
400 0 0
46.
5s. Sd,
E. F.
Is. 3d.
200 0 0
2s.
3s. 3d.
G. H.
Is. 3d.
50 0 0
Os. 6d.
Is. 9d.
Non-residents
land.
1500 0 0
15s.
15s.
Collector's roll for county rates for the township
[or district] of .
Name of taxable
party if known.
No, of
acres.
Deaeription of lot suffi-
cient to identify it.
Value of land.
Total levy.
J. R.
Unknown.
500
300
(Copy the descrip-
tion from the certi-
fied roll, or give
other sufficient de-
scription of it.)
•
(Copy as above.)
£200 0 0
1300 6 0
2s.
13s. '
185
Chap. 46.
You are hereby required to collect 15s., the tax as speci-
fied in the within roll, and to pay over the same to the
pounty treasurer, within days herefrom.
A. B., clerk of the peace.
To C. D., collector of county rates for above district.
E.
To all to whom these presents may come :
I, A. B., sheriff of the county of , send greeting :
Whereas, C. D., of , in the county of , on the day
of the date hereof, bought for the sum of the lands
"hereinafter described, at a public auction held at ,
under the provisions of chapter forty-six ; and whereas upon
such sale the said C. D. paid the purchase money.
Now know ye, that I, the said sheriff, in consideration of
the sum of , so paid to me as aforesaid, have granted
and conveyed, and by these "presents 3o grant and convey
186 COUNTT ASSESSMENTS. [PAET I.
CfiAP. 46. to the said C. D., his heirs and assigns, all that [Jiere describe
the laTid.] In witness whereof, I have hereto subscribed my
hand and seal at this day of , A. D., 18 — .
Form of general Form of qenerol warrant of distress.
WMrant., • •' >? •'
Cotmty of ) To A. B. one of the constables of the
j township of .
Whereas by a rate and assessment made in conformity
with law, the persons named in the schedule hereunto
annexed have been assessed for county rates for the year
ending the • ;-.and whereas it appears to me, one of
the justices ^£ the peace for such county upon the oath of
C. Jy., one of the collectors for such township, that the seve-
ral sums for which they have been assessed have been
demanded from such persons respectively, and that the
sums set opposite their names in such schedule remain
unpaid : these are therefore to require you forthwith to
make distress of the goods and chattels of the persons men-
tioned in the schedule ; and if within the space of five
days next after such distress by you taken the sums in the
schedule set opposite their respective names, being the
sums rated.on them respectively, together with their pro-
• portion of justice's and constable's fees and the necessary
charges of taking and keeping the distress be not paid by
each of them respectively, that {hen you do sell the goods
and chattels of such of them as shall not have paid such
Sums with fees as above mentioned, and out of the monies
arising from such sale you do forthwith pay over the sums
so due by them respectively to the said C. D., the collector,
together with the justice's and constable's fees, if any, by
him paid ; and that you do "render to the owners of the
goods respectively upon demand the surplus remaining from
su.ch "SSfe, the necessary charges of taking, keeping and
gelling the distress, being first deducted, and if no such dis-
tress can be made, that then you certify the same to me.
Given under my hand and seal the day of
A. D. 18—
(Signed) J. P. (seal)
title xii.] jails. 187
Chap. 47.
CHAPTER 47.
OP JAILS AND OTHER COUNTY BUILDINGS.
1. County or district jails, court houses and session's Jails, court
houses, may be erected and repaired by order of the grand s\onfhl?sesr^
juries and sessions in the respective counties and dis- repaiS'"*""'^
tricts.
2. If a jailer or other person shall sell or deliver, or spirituous li-
permit any person to sell or deliver to any prisoner or other ^u°hf/''jaif ''™
persoQ any spirituous liquors in any jail or jail yard, or I'm'ta-
within the limits of any jail, or in any room or part of a
house or building where a jail is kept, or shall bring or suffer
such liquors to be brought therein to be used by any pri-
soner there, such person shall forfeit a sum not exceeding
three pounds.
3. Every jailer on a second conviction therefor, shall, Penalties for a
in addition to paying a second fine, be disqualified for office, ^0°°*^ oonvic-
and be forthwith dismissed.
4. Prosecutions shall be in the name of the clerk of the Proseoutions to
licenses for the county or district, and on information given lioeiSe. ^^ "
him it shall be imperative upon him to sue for such fine.
5. Nothing herein contained shall preveirt^he introduc- Lienors when
tion of liquors for sick persons being in jail when prescribed SSiy'^may'be
in writing by a physician. furnished
6. If the limits of a jail extend beyond the jail yard, and Exceptions
include any house or building other than the jail, nothing witMn the^.*'
herein contained shall extend to such limits unless as respects ^™'''^-
delivering or carrying such spirituous liquors to prisoners
confined within such jail or the limits thereof.
7. The supreme court in the different counties shall from Jaii limits and
time to time make and publish rules and orders for fixing thelsonduot^oT
and ascertaining the limits and boundaries of jail yards, and oers'fobere°u-
for directing and controlling the conduct of sheriff's, jailers latek by su?
and officers having the charge or custody of prisoners, and P"^^™® ''°^'^ •
for their safe keeping and protection.
8. The justices in sessions may make orders for the Orderstouohing
regulation of county buildings and for the internal regula- ings" iffeoTing
tion of jails, for the guidance of jailers and other subordinate irflinersTmade
prison officers, and for the comfort and control of prisoners ; oy sessions lu
but the same shall not extend to interfere with or affect the
security of prisoners there confined, nor the custody or
control of the sheriff over his prisoners, nor to lessen his
responsibility for their safe keeping.
9. The justices in session, with the assent of the grand Jailer's salary,
jury, may regulate the salary of jailers and subordinate fcSs may be° '
prison officers, and may regulate or abolish, the payment by *''°i'*^'^-
prisoners of fees.
188
TOTVTfSHIPS AND OFFICERS,
[part I.
Chap. 48.
Sessions orAcrs
to be submitted
to the supreme
court for allow-
anoe.
Jail regulations
to be posted in
the building.
10. Certified copies of all such orders shall forthwith
thereafter be furnished by the clerk of the peace to the
prothonotary of the county, and thereupon the supreme
court at its next term may alter, disallow or confirm the
same. If not altered or disallowed at the next term, they
shall immediately thereafter be in force.
11. Every sheriff and every jailer shall keep a copy of
the jail regulations posted in some conspicuous part of the
building, and the clerk of the peace shall furnish him there-
with upon demand.
^i^t^A^-oCt ^^
a^ ^£'/.
/i)ii-€
TITLE XIII.
OF TOWNSHIPS AND TOWNSHIP AND PEACE OFFICERS.
Boundaries of
townships con-
flrmed.
Surveyors of
toirnship lines
appointed ;
their duties.
Town officers,
how nominated
and appointed.
Surveyors of
highways, how
appointed in
cases of omis-
sion of sessions.
OlBoors to be
sworn in ; fines
for certain of
fences.
CHAPTER 48.
OF TOWNSHIPS, THEIR POWERS AND DUTIES, AND THE APPOINT-
MENT, QUALIFICATION, AND DUTIES OP TOWNSHIP OFFICERS.
1. The boundary lines of townships, wherever the same
have been established, are confirmed.
2. The grand jury for each county, when required by
the court of general sessions, shall nominate out of the
respective townships within the county, or any of them, six
persons, out of whom the justices shall appoint three to be
surveyors of lines and bounds of such townships, who shall
survey, examine, and ascertain the lines and bounds of such
townships, in such manner as the sessions shall direct ; and
the lines of townships so surveyed, when confirmed by the
sessions, shall be binding.
3. The grand juries in the several sessions of the peace,
shall annually nominate such number of persons for town,
officers, as the justices shall direct, out of whom the justices
shall appoint such number as may be deemed expedient.
4. If the grand jury and sessions shall not appoint a sur-
veyor of highways for any particular district, any two jus-
tices of the peace of the .township or settlement may make
such appointment.
5. The officers so appointed shall be respectively sworn
to the faithful discharge of their duty before a justice,
before entering thereon ; and upon refusal to accept office
or neglect to be sworn in within fourteen days, or mis-
behaviour therein, every such officer for each offence sha,ll
forfeit forty shillings.
TITLE SIII.] TOWNSHIPS AND OPFICEES. 18^
6. ' If the surveyor of highways shall in any respect Chap. 48.
neglect or refuse to fulfil the duties required of him bylaw, Penalty against
the clerk of the peace, when so directed by the court of wghmya-how
sessions, shall sue for the penalty incurred by such surveyor ™'*'*'
at the risk the county.
7. In any action instituted against a surveyor of high- Pro^f "^'"■P-
ways for neglect of duty, it shall be sufficient to produce ^""^ ""^^ '
proof of his appointment as such surveyor, and a certificate-
under the hand of the clerk of the peace shall be prima
facie evidence of such appointment, and it shall be no bar Neglect to qua-
to such action that such surveyor may have neglected to action". ^"^
qualify himself by being sworn into ofSce.
8. Persons oyer sixty years of age shall be exempt from gmptel f?om
performing the duties of surveyors of highAvays, but it tein|survey-
shall be incumbent on such persons to prove their age.
9. If any person so appointed shall die or leave the eaaJ'of'deatii,
township during his term of office, or shall not perform the absence, &a. for
duties thereof, any two justices of the township or settle-
ment may appoint a successor until another person shall be
appointed by the grand jury and sessions at their next
meeting.
10. All plans, grants, title deeds and conveyances. Custody of town
belonging to any township, or in which the proprietors have Se^'pr^yUed';
a common interest, shall be kept in the custody of the clerk f^l^ inapec-
of such township, who may recover possession thereof in
an action in his own name, and such documents shall be
open for inspection to all persons on payment of a fee of
sixpence.
11. The sessions for the county of Halifax are autho- constables^
rized upon the recommendation of the grand jury, to appoint ^°^ appointed,
constables to attend upon the sessions and the supreme
court within the county, in the same manner as other town
officers are appointed.
12. In case of riot, tumult, or disturbance, or illegal special consta-
acts of any kind, accompanied with force or violence, or be appotated"
of a just apprehension thereof, if in the city of Halifax, the and how.
mayor and any three of the aldermen ; and if elsewhere in
the province, any three of her majesty's justices of the peace,
may, by writing under their hands, appoint any number of ■
special constables to assist in preserving peace and order.
13. Such special constables, shall, within the city, be By^whomdireo-
under the- direction of the mayor or presiding alderman ; troUeS.
and if elsewhere, under the direction of the senior magis-
trate who has signed their appointment.
14. In the city, the mayor or any alderman, and else- By whom to be
where any justice of the peace, may swear in such special
constables -to the faithful discharge of their duty.
15. The appointment of such special constables shall "^j^^^™ ^"^ *P"
continue in force for the period of fourteen days fro,m the
date of such appointment, unless sooner revoked by the
mayor, aldermen, or justices by whom they were appointed.
190
IMPOUNDING CATTLE — FENCES.
[PAET I.
Chap. 49.
Disorder or dis-
turbance, or ap-
prehension of,
at public meet-
ings.
Constables — re-
'Aising to serve.
Appointment
and pay of po-
lice constables.
Funds, how
raised.
Protection oC
16. In case of disorder or disturbance which may occur
at any public meeting or assemblage of persons, the mayor
or any alderman if in the city, or any justice of th« peace if
elsewhere, upon the request of the chairman of such meeting,
or of three or more freeholders, may verbally appoint and
swear in special constables who shall aid in restoring and pre-
serving order and peace at such meeting or assemblage.
17. Any person who may be appointed a special con-
stable under the last five sections, and shall neglect or
refuse to be sworn into office, shall be liable to a penalty of
two pounds.
18. The grand jury and sessions may appoint one or more
police constables, to act for the preservation of the public
peace and order, and for the enforcement of the laws against
crime, vice, and immorality, in such townships or other dis-
tricts as they shall see fit, and may make regulations as to
the duties to be performed by them, and may provide for
their remuneration by salary or otherwise.
19. The funds necessary for such purpose shall be raised
by assessment, upon the districts wherein such officers
are appointed, in the same manner as poor and county rates.
20. Any person who shall by force resist any constable
or special constable in the execution of his duty, shall be
subject to a penalty of not less ' than ten shillings and not
mcMje than five pounds, to be recovered, if in the city, on
conviction in the police court, and if elsewhere, before any
two justices of the peace, and on non-payment the ofiendei"
shall be committed to the jail of the county for a period not
exceeding thirty days.
CHAPTER 49.
OP FENCES AND PENCE VIEWERS, AND IMPOUNDING OF CATTLE.
Fences of en-
closed lands,
)iow construct-
ed.
Height offences
Damages byl
cattle, by and
from whom re-
coTerable.
1. All fences of enclosed lands shall be built of stones,
pickets, boards, logs, poles, brush, or posts and rails, unless
the lands are bounded by ponds, unfordable rivers, or the
sea, or surrounded by sufficient hedges.
2. Such fences shall be at least four feet and a half high,
except stone walls and picket and board fences, which shall
be at least four feet.
3. If any damage be done by horses, sheep, goats, swine
or cattle, breaking into and destroying the product of such
enclosures, the same being enclosed at the time with a suffi-
cient fence in the judgment of the fence viewer, the owner
of the animals trespassing shall pay to the party injured the
value of such damages.
TITLE Xm.] IMPOUNDING CATTLE — FENCES. 191
4. The damages jhall be ascertained by an appraisement Chap. 49.
of three persons living in the neighborhood, being first Oftheappraiao-
sworn before a justice, truly to value the same. ■ """'''•
5. If the owner refuse to pay the amount appraised. Damages re-
upon notice thereof, the party injured may maintain an action noS aaaffi'
therefor as for any other debt.
6. The proprietor of a field adjoining another enclosed Partition fenocs,
and improved, shall build and maintain his proportion of differenoea, how
fencing on that part of such land which adjoins his own, ^''J"'''''^-
and in case of neglect so to do, after three days' notice to
that effect, any fence viewer may forthwith cause such defi-
cient fence to be made or repaired, as the case may be, and
the person so neglecting shall pay double the expenses of
making or repairing such fence, to be recovered by the
fence viewer, with costs, as any other debt. If adjoining
proprietors differ as to the part or proportion of a' new
division fence to be made by each, the nearest fence viewer
shall decide the same.
7. No fence viewer shall be allowed more than three Fence viewers'
shillings per day for his own trouble and time ; and for each for^nlgiict'irf
neglect of duty, when notified, he shall forfeit forty shillings. *"*^-
8. Where the owner of land, improved or cultivated, obligation of
shall have made, or hereafter shall make, his proportion or adjoining im-
one-half part of the fence . separating his land from the p™^^"* lands.,
improved or cultivated land of the adjoining proprietor, of
permanent or durable materials or growth, to be determined
as hereinafter provided, he shall not, nor shall any person
claiming under him, be required to erect or repair the fence
in any other place as between his land and that of such
adjoining proprietor, or any person claiming under him, in
case of sale or change of occupancy of any part of the land
of the latter. so long as such portion of fence of the kind
above mentioned shall be maintained by the person first
above referred to or some person claiming under him.
9. Any two justices of the peace of the county in which Sufficiency of
the lands referred to lie (due notice in writing for at least dTterminel
three days being first given to the propf ietor of the adjoin-
ing land) may repair to the land «and examine the fence,
and pronounce the same by any instrument in writing under
their hands to be made of permanent or durable materials
or growth within the meaning of this chapter, and such
instrument in writing shall thereupon be deposited with the
.clerk of the peace of the county, in memorial and as evi-
dence of the matters therein stated.
10. Any person feeling aggrieved by the decision of the Appeal,
justices may appeal to the next general court of sessions for
the county, whose decision, affirming or reversing the deci-
sion of sugh justices, shall be final.
11. Nothing in the three preceding sections contained Titles to land?,
shall be construed to affeCt the title to the lands on which thisact." ^ ^
the fences are erected.
192 IMPOUNDING CATTLE — FENCES. [PART I.
Chap. 49. ^2. No owner or proprietor of wood, or barren or burnt
unimprovod lands, not Under improvements, shall be' compelled to make
laud, owner not ■ j. j- j} • j. ...i; ■
liable to fence, any part 01 a lence against or on trie same.
Cattle, &a. tres- 13. If any damage shall be done by horses, sheep, goats,
cioeurS i^we" swine or cattle breaking into and destroying the product of
to be impound- ^^^ enclosures, the persons whose fences have been broken
and enclosures damaged, may impound the cattle so tres-
passing till the owner shall claim the same.
Ponn^-keepers 14. The pound keeper shall thereupon as soon as may
case. be, advertise the same in three of the most public places in
the settlement where the trespass has been committed, in
order that the person injured may proceed against the
owner of such animals refusing to pay the damages done
thereby.
His fees and the 15. The owncr of such auimals shall pay to the poimd^
mode of reoov- j^ggp^j. above the damages adjudged, one shilling for every
horse or head of cattle, and six pence for every sheep, goat
or swine, for each day the same shall have been impounded,
for their support ; and in case of refusal to pay the same
within eight days after being impounded, with the charge
of advertising, the animals shall be publicly sold ; and the
proceeds, after deducting the pound-keeper's charge for
supporting them, and the damages, shall be paid to the
owner if. he appear within thirty days ; if not, then to the
overseers of the poor of the place where the trespass was
committed.
Kne? for rescue 16. If any person shall rescue any animals from the pcr-
breaoh""how ^^^^ driving them to the pound, he shall forfeit to the party
recovered and aggrieved twenty shillings above all damages sustained by
the trespass committed by such animals. And if any person
break any pound or by indirect means deliver any animals
therefrom, he shall forfeit five pounds to any person who
wiU sue for the same ; which penalty and damages or penalty
as the case may be, shall be sued for and recovered with
costs, as if the same were a private debt, and the penalties
for such pound breach, after deducting any expenses of
repairing such breach of the pound, shall be paid to the
overseers of the poor for the place where the offence shall
. have been committed.
&o^wh'e''ndeem- ■^'^" Such rivers, crccks, bays, harbours, and inlets of the
odiawfuifences. sea Only shall be deemed lawful fences, as in the judgment
of the fence viewers of the township or place where such
lands lie, shall be sufBciently deep and inaccessible to pre-
■ vent the passing of cattle.
Appeals from 18. If any persou feel aggrieved by the judgment of thg
ioB&ev^werB. fcnce viewers as to the lawfulness of such last mentioned
fence, or desire the decision of the court of sessions instead,
such person m&y apply to the sessions, who shall inquire into
the matter, and upon hearing the parties and their witnesses
may make an order which shall be binding on all fence
viewers and others interested.
TITLE SIV.] CHUECH OF ENGLAJTOi 193
19. In every case where damage shall be done to the Chap. 50.
enclosed lands of any person by any of the animals herein- Damages recov-
before mentioned, breaking the fences enclosing tiie same, ^ortion orr'
the owner of such animal shall be liable for the damage, if broken were .
that part of the fence broken by such animal were lawful °'™^^' *
although other parts of the enclosing fence may not be
lawful.
20. The owner of any of the animals hereinbefore men- owner iiaWe for
tioned breaking through a division fence which such person oattKeak '*
is bound to repair and keep up, shall be liable for any damage own porMonof
done by such animal upon the land of another person en- diriamg fenoe.
closed or partly enclosed by such division fence, although
the same may not be a lawful fence.
21. If any person shall destroy or injure any railing, ft™yl^^raii^®
stone wall or fence of any kind, placed on the side of any ings, walls, and
public square, bridge or causeway, he* shall forfeit for each orpuWiS ^
■offence not less than five or more than forty shillings in |es"&o.^' ^"'^'
addition to any private damage sustained.
TITLE XIV.
OF THE SUPPORT OF PUBLIC WORSHIP.
CHAPTER 50.
OF THE CHUECH OF ENGLAND.
, 1. No minister of the church of England shall officiate as Licensed cier'
a clergyman of that church but such as shall be duly Slte.""^^'"
licensed by the bishop, and shall conform to the orders and
constitution of the church of England, whereupon he shall
be inducted into any parish which may make presentation
of him.
2. No license shall be refused without the causes there- Lioenses not u>
for being signified in writing and deHvered to the apph- oStoauaeshewu
cant. in writing.
3. The parishes already established shall remain as here- Parishes estab
tofore, and when any church shall be erected for divine .^Uottin"diWd-
service according to the rites of the church of England, the Ji^^Si'^^fut^^,*
bishop of the diocese may allot a district which shall be the p»risiieB. ■
parish of such church, and. may divide and subdivide any
parish now established or hereafter to be .allotted ; but no
parish shall be divided or subdivided by the bishop unless
on the application of a majority of the parishioners, of the
parish proposed to be divided or subdivided, or by a majo-
194 CHURCH OP ENGLAND, [PABT I.
Chap. 50. rity of parishioners expressed at any public meeting of the
parish called for the consideration of such a measure.
Of the election 4. The church Wardens and parishioners of every parish
cns°and°vestry^ shall meet annually on Monday next after Easter-day, notice
»nd their pow- of the hour and place of meeting having been first given by
the rector or officiating minister, at which meeting the
parishioners shall choose two churchwardens and twelve
vestry men, to whom the clergyman oflSciating as rector in
the parish shall be added; and such churchwardens and
vestry in all matters connected with the church, and persons
usually attending its services and ordinances within their
respective parishes shall have the like powers as they have
heretofore exercised in this province,
cor'orat'e^for ^' Churchwardeus and vestries are hereby constituted
jiurposea speoi- within their respective parishes bodies corporate, with
power to sue and be sued, to receive grants of real and
personal estate for the use of the church and all parish pur-
poses, to improve the same and receive the rents thereof for
the like use, and, with the approval of the bishop, to sell
and convey such real and personal property, and to have a
common seal, and to make bye-laws and regulations consis-
tent with the laws of the province for the management of the
temporalities of their church and the due and orderly con-
ducting of their affairs,
ofparishion- 6. Th"e parishioners shall consist of pew holders and
crVf grantmg' otliers accustomed to attend upon the services of the
"isSSt'^and church ; and such parishioners who have previously paid
collection. up their pew rents and assessments, or the accustomed con-
tributions to the church, may, if they think fit at their
annual meeting by a majority of those present, grant money
for the suppoi't of their ministers, and all other expenses
which shall be required for the payment of such officers as
may be found necessary, and for repairs and other services,
Avhich shall be assessed by the churchwardens and vestry in
just proportions upon such parishioners being persons usu-
ally attending the services and ordinances of the church
according to their respective abilities, and shall be collected
in the name of the clerk of the vestry for the use of the
parish as an ordinary debt ; but no act of the churchwardens
and vestry shall be valid unless it be agreed upon by seven
of their members, nor shall the assessment be valid unless it
be subscribed by that number at least ; and the parishioners
at their annual meeting shall appoint three of their number,
by whom the churchwardens and vestry -shall be assessed.
Power of 7. The churchwardens and vestry shall have power to
churchwardens i , • t -j i ± -n -j. t i ^ i
and Testry over abate any maividuai assessment it it should appear unequal,
iisaeasments. ^^^j ^^ compromise the same for prompt payment or other-
wise as it may be for the interest of the church, without
affecting the general rate.
Meetings for 8. The churchwardens and vestry may meet for the
Ijusiness when a.- r i • j-i ■' . •'
and how called, transaction 01 business as oiten as occasion may require ;
TITLE XIV.] EELIGIOUS CONGREGATIONS. 195
arid the churchwardens, vestry and parishioners may ass em- Chap. 51.
ble for all business connected with the parish except the
choice of officers or making assessinents as often as it may
be considered necessary, either upon the application of the
rector, the chui-chwardens or the parishioners, provided that
ten at least of the latter sign a requisition to that effect, notice
of such nleeting and of the business to be transacted thereat
having been given by the minister of the parish during
divine service in the church on some Sunday at least three
days previously.
9. In case of refusal to act by persons nominated as Churchwardens
churchwardens and vestry, the parishioners shall proceed act,' otherstl be
to nominate others in their place until a sufficient number '^pp"'"*^''-
shairaccept office.
10. No conveyance by lease or otherwise of any parson- eiete lands
age or glebe held by a minister of the church of England {easH.
shall be valid for a longer period than his own incumbency
unless with the concurrence of the churchwardens and vestry
eicpressed in writing under their common seal, and in no
case for a longer period than twenty-one years ; but with
the concurrence of the bishop, the rector and the church-
wardens and vestry, absolute sale may be made of any glebe
lands or other real estate belonging to the parish if the
same be thought for the interests of the church.
CHAPTER 51.
OF RELIGIOUS CONGREGATIONS AND SOCIETIES.
1. When any number of persons, not less than twenty, congre™tions
capable of contracting, desire to form themselves into a con- fr™toes named j-
gregation of christians for the public worship of God accord- i^rs'^prJ'-Aded?'
ing to their peculiar rites and ceremonies, they may by deed,
by them executed in the presence of two or more witnesses,
which shall be recorded in a book kept for that purpose,
constitute themselves such congregations, and adopt a suit-
able name thferefor, and declare the place where the same is
established, and the particular denomination of christians
with whose doctrines such congregation is connected ; and
they may name two or more persons of the congregation to
be trustees thereof and give them a name of office, and
describe in such deed by bounds the particular situation of
all lands conveyed to or in trust for the congregation for
all purposes connected therewith: and they may also set
' forth in such deed the constitution of the congregation,
the mode of admission of future members, by whom the
right of voting at meetings shall be enjoyed, how the votes
13
196 RELIGIOUS CONGREGATIONS. [PART I.
Chap. 51. shall be ascertained and given, the manner in which vacan-
" cies in the trust shall be supplied, and such other particulars
as they may think proper.
Deed to be 2. The deed shall be duly registered in the office of the
property ii'ow registrar of deeds for the county or district where the con-
vested, gregation is established ; and after its registry all the lands
described therein and all real and personal estate granted
to the congregation, or to their use, shall be vested in the
trustees named in the deed for the use of the congregation,
and after the death or removal of any trustee or his becom-
ing incapable to act shall vest in the succeeding trustees
subject to the same trust without any assignment or con-
veyance except the transfer of stock and securities in the
public funds ; and shall also in any suit at law or in equity,
or in any criminal prosecution, be deemed the property of
the trustees.
Trustees to aae 3. Such trustees in all cases concerning the real and per-
and be sued, ggnal estate of the congregation, may sue and be sued, by
their name of office, a,nd no action shall abate by the
removal or death of the trustees or any of them, but shall
be proceeded in by or against the succeeding trustees, who
shall pay or receive the like monies and costs as if the action
had been prosecuted in their names, for the benefit of, or
to be reimbursed from, the funds of the congregation.
Amount of real 4. Every Congregation established under these provi-
estlK''be' sions, may hold in the name of their trustees, real estate not
iieid. exceeding the yearly value of two thousand pounds, and
personal property not exceeding in the whole at any one
time ten thousand pounds : and may use and dispose of
such real and personal estate as the congregation shall deem
expedient.
Meetings how 5. The members of every such congregation may meet
may 'be^made ^ whcu they shall think proper, and at such meetings by the
c'^edin's t^T "^otos of the majority of the members present, may make
recorded. and put in execution such regulations not being contraiy
to the laws of this province, nor to any rule or regulation
embodied in the deed under which the congregation or
society may be constituted, as the majority shall deem
necessary for the government of the congregation, and such
regulations may change as they may think proper ; and such
majority may also choose trustees to supply any vacancy
in the trust, and may remove from office any of the trustees
fpr the time being, and manage and superintend the affairs
of the congregation ; the time and place of meeting, shall be
duly notified as prescribed by rules therefor, and some fit
person shall be chosen chairman at every meeting, and all
proceedings thereat shall be entered in the books of the
congregation, and signed by the chairman and clerk of the
meeting, and proof of such entry so signed shall be deemed
sufficient evidence of such proceedings, and of the regula-
rity of the meetings.
TITLE XIV.] EELIGIOUS CONGEEGATIONS. 197
6. Every person admitted a member of the congrega- Chap. 51.
tion after the registry of the deed shall execute the same in Momhership
the presence of two witnesses before he shall be deemed ^<"^ i-eguiatea^
a member.
7. All real estate which at the formation of any congre- Real estate held
gation under this" chapter shall be held therefor by any ecutedf hoV^"
trustees not appointed under any act or deed of incorpora- ne"trastees.
tion, shall, by such trustees or their survivors, or by such
of them as then remain in this province, be conveyed unto
the new trustees named in the deed by their name of oiSce,
and upon the coveyance being made and registered all. the
estate and interest of the orignal trustees or the survivors
of them and their heirs, shall be vested in the new trustees
to the use of the congregation as effectually as if all the
original trustees had joined in the conveyance.
8. Religious societies or congregations incorporated Provisions for
bj special act of incorporation, or by deed under the pro- gTegaUonrin'-
visions of the act heretofore in force for such purpose, may speoiafaot^to
avail themselves of the provisions of this chapter, provided ^l^yU'^ffili,
the parties executing the deed comprise two thirds at least chapter,
of the members of the former corporation who at the time
form a part of the congregation, and also by two thirds at
least of the persons actually exercising the functions of
trustees by their individual names as such trustees, and
upon th6 new deed being registered the former act or deed
of incorporation shall from thenceforth cease to be in ope-
ration, and the property held thereunder shall vest in the
new trustees in accordance with the terms of the deed ;
but nothing herein contained shall aflect the legality of any
proceedings regularly had under the former act or deed of
incorporation.
9. By the vote of the majority of the members of any Real estate how
congregation present at any regular meeting of the congre- 0?!^'^°''''^^'*^'"^
gation, the trustees for the time being shall sell, mortgage,
lease, or convey any real estate of the congregation for
such estate, and on such terms as the meeting shall direct; and
every conveyance thereof executed by the trustees fqr the
time being, and signed by the chairman of the meeting
which shall order such disposal, shall be valid in law to
convey such estate in the lands therein described.
10. Whenever the congregation using any building for saie of building
the purpose of public worship, may wish to dispose thereof worship, so!^"*
on account of the same having become dilapidated, or other-
wise, and shall not have legal power to do so, the pro-
prietors of such building, at a meeting held for the purpose,
after public notice thereof, given in at least three of the
most public places within the settlement wherein the build-
ing, is situate, at least ten days previously, may by a vote
of three-fifths of the proprietors present at such meeting,
appoint a committee of three of their number, to make
sale of such building, and the committee shall sell the same
198 EELIGIOUS CONGREGATIONS. [PART 1.
Chap. 51. conformably to the mstrnctions given at the meeting, and
~ cause the removal thereof, and shall apply the proceeds of
ProTiso. tbe sale as directed by the meeting ; but no meeting shall
be valid for such purpose unless a majority of the proprie-
tors are present. ,
When vested in 11. In case the building shall be vested in trustees who
ruatees. g|^^jj ^^^ have legal power to sell the building, the same
may be disposed of by a meeting of the persons for whose
benefit such building is held, called and constituted, as
directed in the preceding section, and a majority of three- .
fifths of the persons so interested, present at the meeting,
may empower the trustees, or a committee, to sell the build-
ing and apply the proceeds. * ^ .
Sale of land not 12. Nothing herein shall authorize the Sale of the land on ;,
authorized. ^^^^ ^^^ building, SO to be disposed of, shall be situated.
Clergymen or 13. Under the Order of any such meeting, or of a meeting
whom engaged, of the church members, when by the provisions of the
deed of constitution or by the regulations of the congre-
gation the choice of a minister shall be vested in the church
members, the trustees may enter into agreements in wri- • ;■
ing with any clergyman or minister whom the congregation
or church shall appoint to their spiritual charge, for such ^
periods and salary as shall be agreed upon.
Agreement to 14. The trustees having agreed with any minister or
con™e"^tioSs clergyman, shall, without delay, cause the agreement to be
booSs.° entered at length in the books of the congregation.
Funds how pro- 15. The trustces for the time being, by the vote of the
dlfi.de'noy\^ "^ majority of the members of the congregation at any such
mente.""^"^' meeting shall, in cases where the funds at their disposal are
inadequate to the discharge of the claims Bpoii them, sue
for and recover from members a rateable share, to be fixed
according to the rules of the congregation, of such amount
or deficiency, by separate suit for their respective rateable ^
proportion of the whole amount against the respective sur- ;
viving and solvent members of the congregation, or the I
• representatives of deceased members liable to such pay-
ment.
Church of Eng- 16. Nothing in this chapter shall extend to the church
ifrnttato^'of ' of England or to the parishes thereof, or shall affect the
?e™ards''ohuroh ^ghts of its clergy men, officers, and parishioners, nor shall ,"
difcipiine. interfere" with the spiritual government and discipline of any . ^
church further than may be provided for in the deed under '.^
which the society or congregation is constituted. ' :'
title siv.] repairs meeting houses. 199
Chap. 52.
CHAPTER 52.
OP ASSESSMENTS FOR THE EEPAIRS OF MEETING HOUSES.
1. When funds are required for repairing, finishing, or Repairs of
painting any meeting house or church, the proprietors provw^dfo" by
thereof, at a pubh"c meeting whereof notice shall have been assessment.
previously given during the time of divine service at such
meeting-house or church, on three several Sundays, may by
vote of three-fifths of the proprietors present at such meet-
ing declare what repairs are necessary, and the amount
required therefor, and may also nominate three or more
persons a committee to assess and apportion the sum so
voted on the several pews of the meeting-house or church
according to the relative size and value of such pews at an
equitable rate, of which assessment and apportionment
public notice shall be given by putting up the same in some
conspicuous place in the meeting-house or church, and also
on the door thereof for three successive Sundays on which
divine service shall be performed thereat, nest after the
Tilaking thereof.
2. If after such notice the persons interested in any of where assess-
the pews shall not pay the sums assessed on such pews pe™s ma/be"^'
within three months thereafter, the committee after notice tet^f<"-"ai™i''?ii
having been given on the previous Sunday immediately
after divine service, may proceed to let such pews at auction
for such period, not exceeding ten years, as may be sufficient
to pay the sums so assessed thereon respectively; or they
may, on giving the like notice, let such pews from year to
year, until the rate or assessment be fully paid, so that such
letting shall not extend beyond the term of ten years.
3. The persons who shall so lease the pews shall be put Possession, how
in possession thereof by the committee, and shall have the foTerabie"' ^^
exclusive occupation thereof during the term of their lease,
and the committee may sue for and recover the rent.
4. If the money arising from the leasing of the pews a second as-
shall not amount to the assessment thereon, the committee 1,'^^™']?'^.
may make a new assessment in the same way as the original oessary.
amount is hereby directed to be assessed.
5. Nothing in this chapter shall extend to any church or Places of wor-
chapel belonging to or connected with the church of Eng- ohurch^ of Eng-
land, or to any meeting-house belonging solely to the deno- llytnm'ethf-^
mination of christians called Wesleyan methodists. dists excepted.
200 quarantine. [part i.
Chap. 53.
TITLE XV.
OF THE PUBLIC HEALTH.
CHAPTER 53.
OF QUARANTINE.
Qnarautine or- 1. The govemor in coTincfl may from time to time make
by'the'govCTnor quarantine orders, applicable to vessels, goods, persons, and
in council. things being within the province or expected hither from
abroad, and may revoke, vary, or amend the same, and may
afEx penalties, forfeitures, and punishments for the breach
thereof, which orders shall be notified by proclamation or be
published in the royal gazette, and the production of any
such proclamation or publication shall be evidence of the
making, date, and contents of such orders.
thereto amis- 2- Persous disobeying any such orders may be prose-
additfo'n to any ^^^^^ for a misdemeanor, punishable by fine or imprison-
forfoiture pre- ment, or both, as the court may direct ; or otherwise such
persons may be sued for the penalties contained in the
order.
CHAPTER 54.
OP BOARDS OF HEALTH ANO INFECTIOUS DISEASE.
Sanatory ordera 1. The governor in Council may frem time to time make
tJio''govBmo'?in Sanatory orders, and the same revoke, renew, alter, or vary
coancu. foj. ^{jg prevention of infectious or contagious diseases, for
the relief of persons suffering thereunder, and for the inter-
ment of persons who may have died thereof, and snch orders
may be enforced by penalties therein expressed, not to
exceed one hundred pounds for any one offence, and shall
be notified by proclamation or be published in the royal
gazette, and the production of any such proclamation or
publication shall be evidence of the making, date, and con-
tents of such order.
Health officers 2. The governor in council may appoint persons at the
hraitChow'fp- several ports of this province to act as health ofRcers there-
pointed ; their foj-^ may establish in any place a board of health for carrying
such sanatoiy orders into effect, and may prescribe the
daties of such health officer and boards of health, and in
case of vacancies may supply the same by new appoint--
ments.
TITLE XV.] BOARDS OP HEALTH. 201
3. No vessel subject by such sanatory orders to be Chap. 54.
examined shall be admitted to entiy inwards at any custom Vessels liabio to
house or office of entry until a certificate of such examina- how' entered
tion, signed by the health officer, s^iall be exhibited, nor '""^°^^''™'^-
shall such vessel be admitted to entry or clearance until the
master, owner, or consignee shall have first paid to the officer
appointed in that behalf all fees and charges authorised by
such sanatory orders, to be duly accounted for and paid
over as therein directed.
4. The city council for the city of Halifax, and the courts Health wardem
of general or special sessions in other places, may from time u?^r''pow°r'if*'
to time appoint health wardens for the several townsliips or and duties,
districts who may in the day time enter and examine all
houses, buildings, and places, and all vessels and boats, and
report their condition as required by any sanatory order in
that behalf, they shall give directions to health inspectors for
cleansing any house, building, place, vessel or boat, and gene-
rally for the preservation of public health, the maintenance
of cleanliness, and the prevention of contagion and infection.
5. The wardens, or any two of them, may by order in Their powers to
writing cause any house, building, place, vessel or boat, to ordersr""""
be whitewashed, fumigated, or otherwise purified, and may
cause any thing dangerous to the public health to be removed
therefrom or destroyed.
6. Every violation of this chapter, or disobedience of violation of
any sanatory order duly made thereunder, shall be deemed meanor^i penai-
a misdemeanor, and every person guilty thereof shall incur *■>"•
a penaly not exceeding one hundred pounds.
7. If any health warden, upon being notified of his fen^/jej^ai to
appointment, shall refuse to accept the office, or when accept office ;
accepted, shall refuse to discharge the duties thereof, or to ISot rduratiSi
comply with any sanatory orders to him communicated, he ofappoiitment,
shall forfeit five pounds, and another shall immediately be
appointed in his place ; but no appointment of health warden
shall continue for more than one year, nor shall any party be
bound to serve oftener than once in four years.
8. If any infectious plague, disease, or distemper shall Cases of plague
have been introduced, or there shall be imminent danger of dInge™'how
its introduction into any port or place, the board of health, ^J.^list'^
or if there be no board of health, the general sessions, if
then sitting, and 'if not, a special sessions of the peace may
assemble and make sanatory orders, as occasion may require,
with penalties as in the first section above mentioned,
and may appoint persons to enforce the same ; and there-
upon, copies of such orders shall be forthwith transmitted to
the provincial secretary's office, and the same, until altered or
amended by the governor in council, shall continue in force.
9. Any board of health or health wardens, or where none l''" '^ ""^
exist any general or special sessions, may order to be j''
removed from any dwelling house or place, or from any ves- a
sel or boat approaching near to or within any place or port, [
202 EABID ANIMALS. [PART .1.
Chap. 55. any person sick with any contagious or infectious disease,
to any hospital, house, or place proper for that purpose ; it
being first certified in writing by two or more physicians of
the port or place, or if there be but one there resident, then : ?
by him, that such removal is necessary for the public health ; , »'
— and if any person be sick with infectious or contagious
disease in any house or place, and such person cannot in the ' •
opinion of such physicians be removed, then the board or
health wardens, or justices in session, as the case may be,
may cause such house or place, or any contiguous house or ,
place, to be vacated by other occupants for such time as
the safety of the inhabitants shall require.
Senerai vaooi- 10. The general or any special sessions, consisting of not
ier6d°si,ndl)roriess than seven magistrates, on requisition from the board
ridedfor. of health, or whenever they think it necessary, may order
a general vaccination in any county or any part thereof,
and may make orders for providing for the expense of the: ";
vaccination of such poor and indigent persons as are unable • ^
to pay therefor. ■
Returns of poor H. AH pcrsons who shall vaccinato the po Or and indi- -Ji
persons vaooi- , , * i ii j. x ii i • j • "
aatod ; remune- gent, as above, shall return to the grand jury and sessions,
ration. along with the particulars of their accounts duly attested to,
the names and ages of the persons vaccinated", and the date
of their vaccination, and such accounts when examined and
allowed shaU be assessed for and paid as other county
charges are.
Fish market 12. Subject to the provisions of this chapter any corpo-i jfw
iiay be opened. j-q^^Jq^ qj, individual may open a fish market, and sell fish in ' ,, A
any part of the province.
CHAPTER 55.
OF EABID ANIMALS.
!es3ions to 1. The justiccs in general or special sessions may from
frevlnttng^dln'' time to time make orders for the protection of persons from
tuinmi" '^^'"^ ^^^ ^^*® °^ *^°S^ °^ other rabid or diseased animals, for the
defetruction of all animals, rabid or supposed to be rabid and
running at large ; and for the prohibition of the sale of the
flesh of any animal affected by the symptoms usually atten-
dant on canine madness, or otherwise diseased, and aflSx
penalties for the breach thereof, not to exceed ten pounds for
any oiie offence. , , .
Rabid animals 2. Any persou may kill or destroy any dog or other rabid
ciiledTi^sus-^ animal found at large, and may secure and place in confine-
lonflnod™*^ ^^ ment air dogs or other animals at large and' appearing to be
rabid, or exhibiting symptoms of canine madness.
TITLE SV.] NUISANCES. 203
\
Chap. 56.
CHAPTER 56.
OP NU3ANCES.
1. The general or any special sessions may by order Health inspoot-
appoint health inspectors and define the limits of their respec- pointed fSura-
tive jurisdictions, and may fix the time, not to exceed one ii^'its^of'^""j|.
year, for which such appointment shall be in force ; within aiction.
the limits of the jurisdiction of commissioners of streets,
the commissioners shall exercise such powers instead of
the sessions ; all such inspectors shall be sworn into office.
2. Every board of health, and in places where none court, how con-
exist, three or more health wardens, and where neither exist, ^''t"'*'!-
a general or special session shall constitute a court under
this chapter^ and all orders by the court shall be forthwith .
executed, notwithstanding any, appeal therefrom.
3. Health inspectors for the purposes of this chapter Powers of in-
shall have charge of all streets, highways, passages, vessels,
wharves, docks, wells, markets and market places, common
sewers, drains, vaults, privies, and other places, and shall
cause all nuisances and filth to be removed therefrom or
destroyed, and may open and enter all places where noxious
substances, dangerous to the public health, may be reason-
ably suspected to exist, subject, nevertheless, to the control
of the commissioners of streets, if any there be, in all things
relating to public streets, sewers, and drains within their
jurisdiction, and to the control of the special court in all
other matters.
4. Health inspectors shall execute and enforce all sana- Duties of in-
tory orders to them directed under this chapter, or the ^^®*' °'^'
•several chapters relating to infectious diseases and rabid
animals.
5. Every health inspector shall be entitled to such Their oompen-
, ,■' ,. i , . . ni?i ■ sation, and how
adequate compensation for his services, and lor cnarges in- provided.
curred about his duties, as the justices in session or special
court shall allow, and after deducting any sum collected and
received under this chapter, the balance, if any due him,
together with all other necessary charges and expenses,
incurred under this chapter shall be added to the appor-
tioned assessment upon such district or place, and assessed
and levied thereon exclusively, and collected as the county
rates now are.
6. Every dwelling house within the city of Halifax, or S^fJsald their
elsewhere within the limits of a health inspector, shall be """^f^^^^or ^it
furnished with a suitable underground drain for carrying off providing,
waste water ; also with a suitable privy and underground
vault attached thereto ; and the owner of such dwelling >
house who shall ueglect to provide the same shall forfeit
a sum not exceeding five pounds.
204 NUISANCES. [PAET I.
Chap. 56. 7. All privies and vaults shall be built so that the inside
Privies and shall be at least two feet from the line of the adjoining lot,
beconsteuoted ''i^less by Consent of the owner thereof in writing, and
shall be at least two feet distant from every street, lane,
court, square, public place, or public or private passage
way. There shall be no communication between a privy
and any pubhc sewer or drain. Every vault shall be tight,
and the contents shall not be allowed to be within two feet
of the surface of the ground. But the special court niay
give other directions relative to their construction.
Privies and 8. When any privy or vault shall be reported offensive
cilansed when ^y the health inspector, the same, within a reasonable time
offensive. after notice in writing to that effect given to the owner or
his agent, or the occupant of the land where situate, may
be ordered by the special court or health warden to . be
cleansed and disinfected at the expense of the owner, agent
or occupant ; and in case of neglect, the same shall be done
under the orders of the health inspector, who shall recover
double the expense from the owner, agent, or occupant, as
a private debt.
Privies and 9. No vault Or privy shall be emptied without a permit
whontobTemp- from the health inspector, where such is appointed, and in
*'^'^- no case between the fifteenth day of June and the fifteenth
day of September, unless by order of the special court, and
then only in cases where it is absolutely necessary.
Waste water to 10. All wastc Water shall be conveyed through drains
as inspector"^ Under grouud to a common sower, or to such reservoir as
shau appoint, -(^j^g health inspector shall appoint.
pweUin" n. When it shall appear to the special court that any
nouses howva- , j. i i iT i • nj. r ±i ±
oated when , tenement used as a dwelling house is so unfit lor that pur-
eudingered''* pose that the public health is endangered thereby, the court
may make an order in writing for its being vacated within
a reasonable time to be therein prescribed ; which order
shall be served upon the inmates, or left at such dwelling
house, and in case of disobedience thereto, or of a re-
occupation of the dwelling house without a permit to that
effect, the court may direct a warrant to the sheriff or con-
stables, or health inspectors, to enforce compliance with the
terms of such order.
Cellars and™ 12. Whenever it shall appear to the special court, that.
cSfanse^ ^"^ any Cellars, lots or vacant grounds are in a state likely to
endanger the public health, they shall cause .a notice to be
given to the owners, or the occupants, if any, and if there
are no occupants, and the owners do not reside within the
jurisdiction of the court, may give notice by advertisement
in one or more public newspapers, if any be there printed, or
by posting the same, publicly requiring such owners or
occupants to remove such cause of complaint as in such
notice prescribed, and in case of neglect the court shall
order the same to be removed and double the expense shall
be recovered by the health inspectors from the owners or
TITLE XV.] NUISANCES. 205
, 13. No person unless specially licensed in that behalf Chap. 56.
shall put in any place on land or water any offensive matter oSfeiirfTTmat"
or thing likely to endanger the public health, under a pen- iuJwin"'''\oi'^
alty not exceeding five pounds for each offence, and if any to i^e removed.
person shall suffer any such matter or thing to remain upon
his premises after notice in writing requiring him to move
the same, the health inspector may remove the same under
the direction of the special court and at the charge of tlie
owner or occupant of such place, and may recover double
the expense as a private debt.
14. Any justice, on the oath of one witness, may make justice may.
an order in writine; for the removal, burial, or destruction make orders for
of any offensive substance being or likely to become a stvoyini,°offcn-
nuisance in any place or in any boat or vessel, and may ^'^^ substaneos.
direct the same to be done by the party occasioning the
offence, or by any other party whom the justice shall appoint,
and the expense shall be recovered as in the order prescribed.
15. No person shall sell, or offer for sale, or have in his Penalty for aaie
possession in a public or private market or any other place o^f^^jjiwiioiesome
for the purpose of sale, any unwholesome, stale, or putrid
article of food, under a penalty not exceeding ten pounds,
and the article may be forthwith seized and destroyed by
the health inspector.
46. The board of health or general sessions may make unoieaned fisu
orders for prohibiting the introduction into any city or proi,ibUed.°"^
town, and for preventing the sale and the offering for sale
of any kind of uncleansed fish, and for prevnting persons
from throwing offal into any place likely to be offensive or
dangerous to the public health.
17. Justices in general or special sessions may from time Limits for
to time make orders fixing the extent and limits within ani'mais''to°le.
which the slaughtering and dressing of animals for food gl^on*^*^ ^^
shall be prohibited or conducted, under penalties not to
exceed ten pounds for any one offence.
18. All penalties and expenses incurred under this chap- Penalties how
ter shall be recovered in the name of the health inspector, "''"^'^'^'^'i-
and if there be none for the place, then in the name of the
clerk of the peace. In either case such inspector or clerk
shall be a competent witness. The proceeds of every
prosecution, after first deducting all reasonable charges,
shall be paid into the city or county funds.
19. Any person who shall violate any of the orders ^fofaHo^o/""^
made_under this chapter, or shall obstruct any officer acting orders.
in discharge of his duty, shall forfeit a sum not exceeding
ten pounds.
20. No action shall be commenced against any person Limitation of
for anything done or omitted under this chapter, unless outlons ' ^mm-
brought within six months from the date of the offence eouH™iow"oa-
charged, and whenever any conviction shall have been duetod.
removed into the supreme court at Halifax, or an appeal
thereto granted, it shall be the duty of the law ofiicers of
206 PHYSIC AND SURGERY. [PART I,
Chap. 57. the crown to conduct the prosecution or defence, as the
case may be, on behalf of the public.
foid™^^** 21. Any corporation or individual may open a fish
market in any part of this province, or vend fish therein,
subject to the provisions of this chapter.
CHAPTER 57.
OF REGULATIONS CONCERNING THE PRACTICE OP PHYSIC AND
SURGERY.
Persons enti- 1. No person shall rccovcr any fee or reward for curing
tlm.^° "'"*'™ or attempting to cure any disease, or for performing any '
surgical operation, who shall not previously have obtained
the degree of Doctor of Medicine, or a certificate of his
competency to practice as a surgeon from some college or
other public institution legally authorized to grant such
degree or certificate, or who shall not have received a
license under the hand and seal of the governor, after hav-
ing been examined and reported duly qualified by competent
persons appointed by the governor, which license shall
specify that the person so licensed is qualified to practice
physic or surgery or both ; but nothing in this chapter shall ,,,
extend to physicians or surgeons in the naval or military .:1
service of her majesty. ■_'';>,
Credentials to 2. It shall be incumbent upon every person claiming to ' »^
^ registered in ^jg ^ physician Or surgeou or to have license to practice as
fice. hereinbefore mentioned, to produce and register in the pro-
vincial secretary's office, in a book to be kept for that pur-
pose, the credentials under which he founds his claim to
that character, and such book for registry shall be open to ' ,}
inspection at all times on payment of one shilling. '
AU who have 3. Every person resident in the province and who shall
provimr6''pre- have practised therein previously to the year 1821, shall, on
entuied'to^il P^'oo^ o^" ^^^^ ^^^^i be entitled to receive a license to prac- ^E
cense. tice under the hand and seal of the governor.
AUprovinoiai 4_ Hereafter all provincial medical appointments and
pointmenfs to commissious shall be held only by medical men duly regis-
BonriegLtered! tercd Under the provisions of this chapter.
Penalty. 5. All persons professing to have medical or surgical - , ■';
degrees, or a license to practice, save physicians or surgeons
in her majestj'-'s service, and not duly registered agreeably
to these provisions, shall forfeit a penalty of five pounds for
every such offence, and shall not be entitled to recover any
fee or reward for professional services.
Certified copy 6. A copy of such Credentials or report certified by the
&o"'to be'^r'ecJi- provincial secretary, shall be received in evidence in all
vea in evidence, courts in this province in any action for the professional
services of the party so registered.
title xvi.] indians. 207
Chap. 58.
TITL^ .XYI. ^^^ „^^..^.«y
CHAPTER 58. ^
OF INDIANS.
1. The governor in council may appoint one chief com- commissioner
missioner for Indian aifairs, and such commissioner may appolrament" •
appoint a deputy in each of the counties of this province, °^
if he shall consider such appointment essential and neces-
sary.
2. The governor in council may from time to time issue instructions to
instructions to the commissioner for his guidance. '^*"®"
3. The commissioner shall take the supervision and Duties of oom-
management of all lands that are now or may hereafter be m'ssioner.
set apart as indian reservations or for the use of Indians,
he shall ascertain and define their bounderies and report
to the governor all cases of intrusion, or of the transfer or
sale of such lands, or of the use or possession thereof by the
Indians, and generally shall protect such lands from en-
croachment and alienation, and shall preserve them for the
use of the Indians.
4. Where valuable buildings or improvements have been compromise
or may be erected or made on such lands, the governor in who may imve
council may make agTcement with the persons who have ^"j^^^^d^""
made the same or those claiming under them by compromise . "- A5~^
and grants of other lands for the value of lands so improved, ^'^ /
or otherwise as may be reasonable and just.
5. In all cases of enroachment upon any such lands, it Encroachments
shall be lawful to proceed by information in the name of ted.
her majesty in the supreme court, notwithstanding the legal
title may not be vested in the crown.
6. The commissioner shall communicate with! the chiefs, f^n"' („ e°^*™°'
of the different tribes of the Mic-mac race, and explain missioner.
the wishes of the governor, and invite their co-operation
in the permanent settlement and instruction of their
people, and shall parcel out a portion of the reservations
to each family, with such limited power of alienation
as may be authorized by the governor, and also shall aid
them in the purchase of implements and stock with such-
assistance as they may deserve, in the erection of a dwell-
ing for the chief, a school house and place of worship, and
generally shall take such other measures as may seem
necessary to carry out the objects of this chapter.
7. The commissioner may make arrangements with the Education of
,, ,1 r "^iT -\ ■ r x^ Indian cliildren
trustees or teachers oi any schools or academies lor the
board and tuition of Indian children desirous of education,
the expense to be paid out of the funds at his disposal.
208 TELEGRAPH. [PART L
Chap. 59. g_ tj^q commissioner may raise subscriptions and apply
8?curin™i**'I - ^°^ charitable contributions to secure a permanent fund for
manentlrund. the purposes of this chapter.
Reports of de- 9. The deputy Commissioners shall at the close of evcry
SoMrs°their' year furnish the chief commissioner for the information of
contents, &o. ^jjg legislature, with reports of their proceedings and an
account of their receipts and expenditure, with the names
of the chiefs for the time' being, the numbers of heads of
families settled and children educated ; and generaEy such
other information as may enable the governor and legis-
lature to judge of the value and correctness of their pro-
ceedings.
Apportionment 10. The money annually granted by the legislature for
grant.^'°°'°' the benefit of the Indians shall be paid to the chief commis-
sioner and shall be by him apportioned among his deputies
in proportion to the number of families settled and resident
in the several counties, provided that no pecuniary relief
shall be given to any Indian, but that the amount so granted
shall be expended hy the chief commissioner, or his depu-
ties under his directions, in purchasing blankets or neces-
sary clothing, and that such articles shall be distributed in
such manner and to such extent as may be considered judi-
cious and necessary in the several counties.
TITLE XVII.
CHAPTER 59.
OF THE TELEGRAPH.
Sworn tele- 1. No sworn Operator 4n any electric telegrapji office
-fr?m°wS'^x- shall be compelled to serveon any jury or inquest, or in
empt. ^jjg xnilitia, or as a town or city officer.
TITLE XVIII.] PUBLIC INSTEUCTION. 209
Chap. 60.
TITLE XYIII. . ^ ^_^^ (/^
^^- /rr^ aU- ^^
CHAPTER 60. j,..^^?^:^
OP PUBLIC INSTRUCTION.
Part the First.
1. The govemoi- in council shall appoint a provincial Supermtendant
superintendant of education, and for each of the places oners'ofsSJoois,
named in schedule A, five or more commissioners of schools ; aoademiesrii'uw
and for every academy now or hereafter to be established, appointed;
three or more trustees.
2. School districts shall remain as now established, until School districts
1, J ' established.
altered.
3. The commissioners, except those for the city of Hali- school distdets
fax, may form new school districts, and subdivide or alter sions, how'iaid
the limits thereof, and of those now established ; and a "^
school district may lie in two counties, and be partially a school district
assisted by the commissioners of both counties, and the "unties!" '^^
trustees of the schools in such district shall account to both
boards of commissioners, if they receive aid from both,
otherwise to the board granting aid, but no subdivision or
alteration shall be made until after public notices of the
intended subdivision or alteration, to be posted up for ten
days at least within the district, and after considering such
objections as may be raised by persons interested therein.
4. Three school trustees shall be elected for each dis- Trustees to be
trict by the rateable inhabitants thereof, at public meetings elected.
to be called by the commissioners for that purpose, by
public notices to be posted up for ten days at least within _ ^~~
the district. .''5»^:^'- ■'^'-■^^ *»»-" s^, /C/** e-^. 5?*^ ^^^^^-^-^ '^'^
5. The commissioners shall appoint a clerk, Avho shall ci?rk tote ap-
not be engaged in trade, and who shall give bond to her qualifications
majesty with two sureties for the performance of his duties, duty an'dleei!'"
and he shall keep the accounts, monies, and records of the
board of commissioners. He shall receive for each license
to teachers two shillings and six pence, and five per cent.
on the actual disbursements, not to exceed in the whole
twenty-five pounds in any one year.
6. When the inhabitants of any district shall have pro- schools entitled
vided one or more sufficient school houses, and the trustees for^'partio^^
shall have engaged by written contract one or more com- aiiSwanoe. "
potent teachers for the district, male or feiiiale, at a specific
remuneration, to give instruction in reading, writing, and
arithmetic, the elements of English grammar and geography,
for a period not less than three months, the commissioners,
upon application of the trustees, shall enter the school on
210 PUBLIC INSTRUCTION. [PAET I.
Chap. 60. a list, to be kept .by them, for participation in the sums
allowed for the support of commoii schools.
) I exami- 7. The Commissioners shall examine all school teachers,
o?s'and°the''°''' and grant to such as they consider qualified and of good
cen°ea.°° °^ ^'' character, licenses to teach within the respective districtSj
<£^ ^^^e^^iz^and no teacher shall without such license receive any part
/iTf-a^zj' of the money hereby granted.
Trustees' ao- 8. The trustees of every school seeking aid hereunder
derea^to'obtafn shall render half yearly to the commissioners an account of
aUowanee. ^q number, names, sexes, and ages of the scholars, and the
average number who have attended since the last return ;
the branches in which they have been instructed, the books
they have used, their progress in education, the amount and
particulars of -the income and expenditure of the school,
the amount of the salary of the teacher, and how paid ; and
shall certify that the sum to be received from the commis-
sioners by the trustees is payable to the teacher for his own
use, and that the engagements of the persons applying for
such school have been performed, and shall furnish to the
commissioners a certificate from the teachers respectively,
under oath, that no part of their salary has been collusively
withheld, and that the representations and engagements
have been made in good faith, and not merely to procure a
portion of the allowance under this chapter.
Penalty for 9. If a trustee or teacher of any school or academy
false returns. -^iifuHy render an incorrect account or statement in any
return, report, certificate or affidavit, required under this
chapter for the purpose of obtaining provincial aid for any
school, or for any teacher or trustee, he shall be liable to a
penalty of five pounds, to be recovered by the clerk as a
private debt, one half to his own use and the other to be
paid to the commissioners and added to the school fund.
Aasassraents for 10. The trustees of any school district may call a public
majorit/agi-^e! meeting of the rateable inhabitants, after written notice by
the trustees for at least twenty days in five of the most
public places there, and if a majority present agree to raise
money for the support of one or more schools by a.ssess-
ment, or for the purchase of land whereon to erect school
houses, or for the building or repairing them, they shall
then appoint three assessors, who shall forthwith assess
the amount voted by an even rate upon the inhabitants of
such district by an equal pound rate on the real and per-
sonal property in their respective occupation or possession
within the county, whether the same be or be not in such
district, regard being had to the value of the rents of the
real estate and the capability of the personal estate to pro-
duce profit, and shall return such assessment to the general
sessions, or to any special sessions held for that purpose,
where appeals shall be heard and determined, and all such
rates shall be collected and other proceedings had, in relation
thereto as r)rescribed in case of mor ratps.
TITLE SVni.] PUBLIC INSTRUCTION. 211
11. The sum specified in schedule A shall be granted Chap. 60.
towards the support of academies and grammar schools, Xinountofpub-
and the further sum specified in schedule B toAvards the yo allowance
,„ iij.i_ 1-1 -r- T ■ for academies
support 01 common schools, to be applied as specmed in and grammar
such schedule.
12. The sums allotted for grammar schools shall be sub- Allowance for
divided among not less than two nor more than four schools fouSfhow di-
in each county, in such proportions as may be directed by ^"''"'"
the commissioners, except as may be otherwise provided in
schedule A, but no grammar school shall receive less than
twenty-five pounds.
13. The commissioners shall draw ha^lf yearly from the Common school
treasury the sums allowed for the places 'respectively, and draTn°and'^ap
shall apportion the same for common schools according to portioned,
the sums raised by the inhabitants of the; district, ajud the
number of useful branches of knowledge 'tauglit therein,
having regard to the nature, amount, arid qilality of the
instruction, and the amount paid by the people towards the
-salary of the teachers. The commissioners shall exclude
any district from participation in the public grant if the
inhabitants have not according to their ability provided and
paid for a teacher and kept the school house in repair.
Before distributing the common school fund, the commis-
sioners shall apply such sum, not exceeding one siyth of the
whole fund at their disposal as may be necessary for schools
in poor- or thinly peopled settlements, on such terms as they
think reasonable.
14. There shall be always gratuitously taught in every Free scholars to
school or academy receiving aid under this chapter, as gchM"! and^
many poor scholars not exceeding eight, as the commission- academies,
ers and trustees respectively shall see fit to send.
15. The commissioners shall return to the governor, on Commissioners
or before the thirty first day of December next, a true aiiy to™ie gov-
account of the monies received and distributed by them, oouSs.''*'' ''°
and a report of their proceedings, with such other returns
as may be directed by the governor, and shall certify that
the same are to the best of their knowledge correci, and
that they have distributed the provincial money impartially
and faithfully.
16. Theallowance shall only be paid under the conditions conditions
following: — That a good and substantial school house, in "J™anci'"a%a!y-
an approved situation, shall be erected and completed to ^°^^-
the satisfaction of the commissioners ; that a salary not less
.than forty pounds a year for the teacher shall be subscribed
by the inhabitants and secured to the satisfaction of the
commissioners ; that the teacher, before such school shall
be admitted on the list of grammar schools, shall be quali-
fied, examined and approved as herein mentioned, and shall
be competent to teach, in addition to the ordinary branches,
algebra and land surveying, and, when the same shall be
required by the commissioners, navigation, the classics, agri-
14
212
PUBLIC INSTRUCTION.
[PART I,
Chap. 60.
Grammar
schools requir-
ed to teacli the
higher bran-
ches.
Amount of sa-
lary and num-
ber of scholars
to qualify a
grammar school
for allowance.
French, -Ger-
man, and Gaelic
schools entitled
to aid.
Academies re-
quired to teach
certain bran-
dies.
Academy bye-
laws, how made.
Heturns by
trustees of aca-
demy required.
Examinations
of academies
and grammar
schools.
Conditions for
receiving aca-
demy allow-
ance.
cultural chemistry, one or more of the modem languages,
and some of the practical branches of the mathematics.
17. At grammar schools receiving aid under this chap-
ter, in addition to reading, writing, arithmetic, geography,
English grammar, history, and composition, there shall be
taught, when any pupil shall require to be instructed therein,
land surveying, navigation, and the mathematics, and
whenever it shall be found practical to introduce the same,
the classics, one or more of the modern languages, and
agricultural chemistry.
18. No grammar school shall receive any allowance
unless the trustees shall have actually received by the con-
tribution of the people, and the tuition fees, at least forty
pounds per annum towards payment of the teacher, and
unless at least twenty scholars shall be regularly taught
therein throughout the year, of whom not less than ten
shall constantly receive instruction in the above higher
branches, or some of them.
19. Schools wherein the ordinary instruction may wholly
or in part be communicated in the French, German, Gaelic,
or other languages, shall participate equally in the provin-
cial allowance with schools wherein the English language is
exclusively used, provided such schools are in other respects
entitled to such participation.
20. At all academies receiving assistance hereunder,
instruction shall be given in the classics, agricultural che-
mistry, the practical branches of the mathematics, algebra,
geography, English grammar, history, and composition, and
also in one or more of the modern languages.
21. The trustees of academies may make bye-laws for
the regulation thereof, to be transmitted within a month
thereafter to the govei'nor, for his approbation in council,
and they shall have no effect until such approbation be sig-
nified.
22. The trustees of academies receiving aid hereunder
shall make an accurate return, on or before the thirtieth
day of June and thirty-first day of December, in every
year, of all sums received anS expended by them, whether
from legislative grant or otherwise, with a report of the
names and ages of the pupils and the course of instruction
and other particulars concerning such academy, its progress
and management, in such form as the governor in council
may direct.
23. The trustees of academies and grammar schools recei-
ving aid hereunder shall hold public examinations twice in
every year, of which examination public notice shall- be given.
24. No academy shall receive any allowance unless the
trustees shall have actually received, by contribution and
tuition fees, at least one hundred pounds a year towards
the payment of the teacher and the support of the academy,
and unless at least twenty-five scholars shall be. constantly
TITLE XVm.] PUBLIC INSTEUCTION. 213
taught therein through the year, of" whom not less than ten Chap. 60.
shall regularly receive instruction in the classics, agricul-
tural chemistry, one or more of the modern languages, the
practical branches of the mathematics, algebra, and arith-
metic, English grammar, history, geography, composition,
and other branches of a higher English education.
25. The trustees of academies respectively shall be a Trustees of aca-
corporate body, and possess the academy and its property rated. ™*""^^°"
so far as to prosecute and defend all actions relating thereto,
and shall be designated " the trustees of the academy."
26. The superintendant, as often as may be, shall visit superinteud-
the different schools, personally inspect their discipline, ''■'^'^ 'i'^*^-
inquire into the qualifications of school masters, the books
in use, and the accuracy of returns and accounts ; and shall
make a half yearly report of the general state of education
throughout the province.
27. Meetings shall be held at least once a year at some Meetings to be
time and place to be appointed by the superintendant, at ilfitra'ctionTfor
which the commissioners for the county or district, and all proceedings,
licensed teachers may attend. At such meetings commis-
sioners and teachers may discuss the subject of education,
and oiTer suggestions and move resolutions. The superin-
tendant shall preside, and the proceedings of the meetings
shall be recorded by the school clerk, who shall furnish the
superintendant with a copy of the same, to be appended to
the general report.
'28. A list shall be kept by the clerks of all the licensed Lists of teach-
teachers within their jurisdiction, the length of service of of meru*'"""""
each being noted, and the most meritorious five having a
mark set opposite their names, such distinction to be con-
ferred by the superintendant and commissioners, and a copy
of such list shall be annually furnished by the clerk to the
superintendant for the information of the executive.
29. The superintendant shall furnish the commissioners, instructions
trustees, and teachers, with such necessary information as duty''oi;^ISper-
may tend to improve the structure of school houses, their intendant.,
free ventilation, the embellishment of the grounds on which
they stand, the supply of the best maps, books, forms of
returns, and means of illustration; and generally shall
exert himself to encourage the formation of teachers' insti-
tutes, to supply destitute districts with teachers, and to
establish so far as may be done without undue interference
with the functions of the commissioners and trustees, an
efficient and uniform system of instruction.
30. The superintendant may visit all academies drawing Academies to ijo
support from the public funds — inspect their discipline and per'nfenSan"'.
accounts — offer suggestions for their improvement, and
report on their state and efficiency for the information of
the executive and legislature.
31. The governor may advance upon the requisition of Amount grant-
the superintendant the sum of six hundred pounds to be gdiooi'books?^*
214 PUBLIC INSTETJCTION. [PAET 1,
Chap. 60. expended in the purchase of improved school books, maps,
apparatus, and educational reports, to be distributed
amongst the boards of commissioners of the respective coun-
ties and districts in the same proportion as the money
appropriated for common schools is divided, to be gratu-
itously distributed by the commissioners among the poor
schools in their respective counties or districts, or otherwise
sold at cost price.
Amount for _ ■ 32. The govemor may draw from the treasury a sum
^anWi it"^^ not exceeding five hundred pounds, and apply the same in
appropriation, proportion to population for the establishment of school
libraries in central and suitable places in each county under
such regulations as to the governor in council may seem
proper, to be under the charge and control of the commis-
sioners, and open to the inspection of the superintendant.
Catalogues of the books selected shall be returned to the
legislature, upon whose vote any book deemed objectionable
shall be withdrawn.
Salary of super- 33. The Superintendant shall be allowed one hundred
eonttngencies?'^ pounds for the contingencies of his office and travelling
expenses, exclusive of postage.
Heal estate 34. Any person may convey or devise real estate to the
Smmissioncrs^ Commissioners for the place where the lands are situate, and
ofsehoou''^^* duly vest in the commissioners and their successors in ofiice
the legal estate therein in trust for the purpose of erecting
and keeping in repair a school house thereon ; and the com-
missioners may sue and be sued in respect thereof, but
shall have no control over any school house on such lands
as against the trustees of the school district or the inhabi-
tants other than may be conferred by the conveyance or
devise.
*^?s?rltesa*-°"'" ^^' ^^^ c^^rgy and magistrates of each county shall be
pointed visitors, visitors of the schools within the same.
norto'be''a" ^^- ^^ Commissioner shall during his continuance in
t«aoher or ofiice be tcachcr or clerk.
Superintendant ^^' '^^^ Superintendant, the teachers of academies, and
and teachers evcry licensed teacher of schools while employed, shall be
certain public exempted from the performance of statute labor on the
duttes. highways and from militia duty, from serving in any town
office or on juries, and from the payment of all rates.
Limitation of 38. The forgoing sections of this chapter shall continue
chapter. ^^ ^^^^^ ^j^j ^1^^ gj.g^ ^^^ ^^ -^^^^ ^^ ^j^g ^^^^ ^^ ^^^ j^^^^
one thousand eight hundred and fifty-nine.
Schedules. SCHEDULE.
A.
The district of Halifax. — Eastern district of (he county
of Halifax. — Fifty pounds for one or two grammar schools.
Western district of the county of Halifax. — Fifty pounds
TITLE XVIII.] PUBLIC INSTRUCTION. 215
GouTvty of iMn&nburg. — One hundred pounds for gram- Chap. 60.
mar schools. ' '
County of Queens county. — One hundred pounds for two
or three grammar schools.
County of Annapolis. — One hundred pounds for four
grammar schools, namely, Annapolis, Bridgetown, Paradise
and Nictaux.
County of Kings county. — One hundred pounds for gram-
mar schools.
County of Pictou. — One hundred pounds for grammar
schools, to be divided equally between the townships of
Pictou, Egerton, and Maxwelton.
District comprising the tmvnship of Parrsborough, — and
such other portions of the county of Cumberland as are
south of a line to be drawn from the south-west corner of
Franklin Manor to the centre of Sand Cove, in the Cumber-
land bay. — Twenty-five pounds for one grammar school.^j
District comprising the residue of the county of Cumberland.
— Seventy-five pounds for two or three grammar schools.
County of Colcliester. — One hundred pounds for an aca-
demy.
District of Bawdon and Douglas, in the county of Hants.
— Thirty-three pounds six shillings and eight pence for one
grammar school.
District comprising (he residue of the county of Hants. —
Sixty-six pounds thirteen shillings and four pence for two
grammar schools, one to be situate in Newport and one in
the town plot of Windsor.
District of Clare, in the county of Digby, — Thirty-three
pounds six shillings and eight pence for one grammar
school.
District comprising the residue of the county of Digby. —
Sixty-six pounds thirteen shillings and four pence for one or
two grammar schools.
District of Yarmouth in the county of Yarmouth. — Sixty-
six pounds thirteen shillings and four pence for one or two
grammar schools.
District of Argyle, in the county of Yarmouth. — Thirty-
three pounds six shillings and eight pence for one grammar
school.
District of Barrington. — Fifty pounds for one or two
grammar schools.
District of Shelburne. — Fifty pounds for one or two gram-
mar schools.
District of Saint Mary's, in the county of Guysborough. —
Thirty-three pounds six shillings and eight pence for one
grammar school.
District of Guysborough. — Sixty-six pounds thirteen shil-
lings and four pence for two or three grammar schools.
. County of Sydney. — One hundred pounds for grammar
schools.
216 PUBLIC mSTHUCTION. [PAET 1.
Chap. 60. Oounty of Cape Breton. — One hundred pounds for three
grammar schools.
County of Richmond. — The sum of one hundred pounds,
per annum shall be set apart and paid annually for the main-
tenance of an academy at Arichat, in the county of Rich-
mond, in lieu of grammar schools for the county.
Northern district, county of Inverness, — to commence at
Angus Mclsaac's, number one, on the shore, thence to run
by the road to Loch Bar, thence by the waters of the lake,
western side, to Ainslie Glen, and thence by the main road
to the head of the bay, — Thirty-three pounds six shillings
and eight pence for one grammar school.
Southern district of Inverness, — comprising the remainder
of the county, — Sixty-six pounds thirteen shillings and four
pence for two grammar schools.
^-
aty of Halifaxc. — Seven hundred pounds.
Eastern district of the county of Halifax. — Three hundred
and eighty-nine pounds.
Western district of the county of Halifax. — Three hundred
and eighty-nine pounds.
County cf Lunenburg. — Six hundred and fifty-two pounds.
Queen's county. — Three hundred and ninety pounds.
County of Annapolis. — Six hundred and forty-nine pounds.
Kind's county. — Six hundred pounds.
County of Pictou. — One thousand one hundred and twenty-
two pounds ; one half to the northern district, composed of
the township of Pictou, and the other half to the southern
district, composed of the townships of Egerton and Max-
welton.
District of the township of Parrsborough, — as described in
the schedule A. — One hundred and eight pounds.
District comprising the residue of the county of Cumber-
land.— Four hundred and thirty-two pounds.
District of Stirling, in the county of Colchester. — One hun-
dred and forty-two pounds.
District comprising the residue of the county of Colchester.
— Four hundred and seventy-nine pounds.
The district qfHawdon and Douglas, in the county of Hants.
— Two hundred and thirty-two pounds.
District comprising the residue of the county of Hants. —
Three hundred and eighty-seven pounds.
District of Clare, in tJie county of Dighy. — One hundred
and seventy-one pounds.
District comprising the residue of the county of Dighy. —
Three hundred and forty-two pounds.
District of Yarmouth, in the county of Yarmouth. — Two
hundred and ninety-four pounds.
' District of Argyle, in the county of Yarmouth. — Two \xVi-a.-
drfid and fiffp.fin nminds.
TITLE XVin.] NORMAL SCHOOL. 217-
District of Barrington. — One hundred and ninety-five Chap. 60.
pounds.
. District of Skdburne. — One hundred and ninety-five
pounds.
District of Sairvt Mary's, in tJie county of Guysborough, —
One hundred and twenty pounds.
District comprising the remainder of tlie county of Ouys-
borough. — Three hundred and two pounds.
County of Sydney. — Six hundred pounds.
County of Cape Breton. — Eight hundred and fifty-five
pounds.
County of Richmond. — Four hundred and thirty-three
pounds.
Northern district of Inverness, as described in Schedule A.
— Two hundred and fifty-nine pounds.
Sovihern district of the county of Inverness. — Five hundred
and eighteen pounds.
Part th.e Second-
NOEMAL SCHOOL.
Normal school
39. A normal school for the training of teachers, shall ^^'^^"^^ ^^ "
be founded in a central and convenient locality. Bniidingfor,
40. A building for such purpose, provided with all ratua'"&c.''^''^^
necessary furniture and apparatus, shall be erected under
the direction of the commissioners appointed by the gover-
nor in council, upon a site, and according to plans approved
of by the governor and council, and such commissioners cost of.
may draw from the treasury, for the cost of the building,
with its furnitnre and site, a sum not exceeding one thou-
sand pounds. . ^„^^eriSfendent
41. The teachers of the normal school shall be a prin- &o.
cipal appointed by the governor in council, who shall super-
intend the normal and model schools, and teach such classes
as he may deem necessary, and shall also be superintendent f^te^Jentf"'^^'^'
of education, and shall receive a salary of three hundred
pounds per annum, and two assistants, chosen by the prin-
cipal, with the approval of the governor in council, and who Do. of teachers.
shall respectively receive salaries of two hundred pounds
per annum. Allowance to
42. The superintendent may draw annmlly from the f™ expenses!
treasury, a sum not exceeding one hundrea pounds, for
expenses of fiiel, repairs, and books for the normal school,
and the expense of teachers' institutes, the expenditure of .
which he shall annually make return of to government. Management.
43. The school shall be under the management of a
board of five directors, appointed by the governor in coun-
cil, who shall frame the bye-laws and regulations of the
institution, and arrange the length of its terms of instruction.
218
NORMAL SCHOOL.
[PART r;
Chap. 60.
Soards of oom-
niissionera, may
send pupils
Pecuniary as-
sistance to pu-
pils.
Ages of pupils
Ciualification,
&c.
Additional pu-
pils may be re-
ceived condi-
tionally.
Licensed teach-
ers to liave ac-
cess to Normal
school.
Pupils who do
not intend to
teach in the
province.
Examination of
pupils, certifi-
cates, &e.
Pupils found to
he incompetent
on examina-
tion.
Pupilswhohave
graduated may
enter anew.
Certificate to
entitle pupils
to a license.
Bad character.
Three pftipils
may be sent to
college, &a.
44. Each board of commissioners shall have the right
of sending to the normal school, at the commencement of
any of its terms, one pupil, either male or female, for every
one hundred pounds received by the board from the pro-
vincial treasury, and if necessary, they shall aid such pupils
from the provincial grant at their disposal, in paying their
travelling expenses to and from the normal school at the
rate of three pence per mile : provided that such pupils
shall not be less than sixteen years of age, and of good
moral character, and shall have received an ordinary com-
mon school education before the commissioners shall give
any order or orders for their admission to the school — such
pupils shall give to the principal a written pledge that they
will teach for at least three years within this province.
45. The principal of the school may receive an addi-
tional number of pupils not- exceeding twenty in any one
year, on their being examined by him and giving the neces-
sary pledge ; and all licensed teachers shall have free access
to the school, either as spectators or regular pupils.
Instruction and the use of text books shall be free to all
pupils.
46. The principal may admit pupils not intending to
teach in this province, at such rates of fees as he may think
proper, such fees to be applied in improving the apparatus
of the school ; provided no greater number of such pupils
than ten be in attendance on the school at any one time.
47. All pupils shall be examined by the principal after
having attended the school for a term not less than five
months, and if competent, shall receive certificates as gradu-
ates of the school, — such certificates shall be of three
classes, denominated, A. B. and C, according to the capacity
of the graduate ; and pupils, who after having studied one
year, shall be found incompetent to act as teachers may be
dismissed or receive instruction for a second term at the
discretion of the principal ; and such graduates as may
have received certificates of the class A. or B., may be
admitted anew, and after attending for one or more terms
shall receiye a certificate of such class as upon examination
they shall be found entitled to.
48. Any person holding a certificate from the principal
of the normal school shall be entitled to a license from any
board of commissioners unless the holder of such certifi-
cate be of ba#moral character, in which case, so soon as
the fact of any graduate having contracted immoral habits
is made known to the principal, he shall erase the name of
such person from his list of graduates.
49. The principal shall have the power of sending, as
free students, to any college or academy receiving provincial
aid, graduates of the normal school, who may desire instruc-
tion in mathematics and classics, with the view of becoming
t.eacher.t! of hia-h schools: nrovided that nnsni^b ins+.it.iit.inii
TITLE XVIII.] NORMAL SCHOOL. 219
be required to give instruction to more than three such Chap. 60.
pupils at any one time.
50. There shall be an annual public examination of such Annual public
school.
51. The principal of the normal school and his assis- Principal and
tants, shall be exempted from the performance of statute empte"dfrom"
labor on the highways, — from militia duty, and from serv- I""'® ^"■^°'^'
ing in any town office or on juries.
52. The model schools at Truro in connection with the Model schools
normal school, shall be considered as an integral part of "^'^°'
such normal school, and shall be under the control, of the
commissioners of that institution.
53. Such model schools shall be recognized by the board To beeonsider-
r. , , . . r- ii i j> /^ 1 1 J. ed as schools of
01 school commissioners oi the county ot Colchester the district.
proper, as the schools of the district, and shall be entitled
to all the rights and immunities appertaining thereto, and
the bounds of the district shall be fixed by such school
commissioners.
54. The teachers of the model school shall be chosen in Teachers-how
the same manner as the teachers of the normal school, and
shall be under the same management and control.
55. The teachers of the primary, juvenile, and high Salary of.
schools shall receive respectively fifty pounds, seventy-five
pounds, and one hundred pounds per annum ; and the sum source of en-
now payable to the academy at Truro, together with a gr-ant •low^^'^*-
of twenty-five pounds to be made by the school commis-
sioners of the district, and a further sum of one hundred
pounds to be drawn annually from the treasury, shall be the
source from which this endowment is derivable ; and when increase of saia-
the fees to be received from scholars attending these schools
shall yield a sufficient fund, the salaries above mentioned
shall be increased to one hundred pounds, one hundred and
fifty pounds, and two hundred pounds respectively ; and the
surplus of such fees shall be appropriated towards the
general improvement of the model schools, and an account
of the expenditure of such surplus shall be rendered annu-
ally to the legislature.
56. The superintendent of education is authorized to Code of rules,
draw up a code of rules for the regulation of the model
schools, such code of rules to be submitted to the commis-
sioners of the normal school and receive their sanction
before going into operation.
57. The principal of the normal school shall be empowered Diplomas,
henceforth to grant diplomas as well for grammar schools as
for common schools, and the time of attendance and amount
of qualification of every one intending to graduate for a
grammar school diploma shall be fixed by the commissioners
of the normal school.
58. The allowance for common schools shall be eleven f^^^^^'^''^^^^^
thousand one hundred and seventy pounds, and shall be — diyjsion of,
divided among the various counties and districts, as herein-
-^efore provided.
220 HIGHWAYS, ETC. [PART I.
Chap. 61. 59. Where the bounds of any school district are inter-
sehooi district sectsd by the lines of educational districts into which any
'daoatfinauur. county may be divided, such school district shall be assisted
triot which it proportionally by the board of commissioners for each
educational district by the lines of which the bounds of such
school district are so intersected.
maTscho^s°'Tn ^^- ^^'^ ^^°^ °^ "'^^ hundred pounds granted for the
Bounty of Cape support of three grammar schools in the county of Cape
Breton, may hereafter be applied to the support of two
grammar schools only in that county.
schoS'^rants ^^' ^^ sums heretofore granted for grammar schools
to revert to the and undrawu, shall be carried to the credit of the general
nues.™ ^^^^' revenues of the province, and hereafter all grants for gram-
mar schools not drawn during the year for which such sums
were appropriated, shall revert to the general revenues.
-^^ ^^ '^'^' TITLE XIX.
"^ OP HIGHWAYS, STREETS, BRIDGES, PUBLIC LANDINGS
AND FERRIES.
CHAPTER 61.
OP LAYING OUT CERTAIN GREAT ROADS.
Roads to whieh !• The provisions of this chapter shall extend to the
pUes''"'^'^'^ °'^ following roads only, viz : The main post road from Halifax
to Pictou, thence to Antigonishe, Guysborough, and Saint
Mary's ; the great eastern road from Halifax to Saint Mary's
the eastern shore road from Dartmouth to Saint Mary's
the road from Antigonishe to Auld's, at the Gut of Canso ;
the road from Guysborough to the Gut of Canso ; the road
from McMillan's, east side of the Gut of Canso, to Saint
Peters, thence by the Bras d'Or to Sydney, and thence to
the Sydney mines, Boularderie, Baddeck, Middle River and
Margaree, thence to Broad Cove, Port Hood, and McMillan's,
at the Gut of Canso ; the road from Arichat to Grandance ;
the road from Truro to Amherst, and thence to the boundary
of the province ; the road from Truro to River Philip, by
Tatamagouche ; the road from Amherst to Parrsborough;
the road from Pictou to River Philip, by Wallace ; the road
from Halifax to Windsor, thence to Kentville, Annapolis,
Digby, Yarmouth, Shelburne, and Liverpool ; the road from
Liverpool to Mills Village, thence to Bridgewater and Ma-
hone Bay, and thence to Chester and Windsor ; the road
from Chester to Halifax by Saint Margaret's Bay ; the road
TITLE XIX.] HIGHWAYS, ETC. 221'
leading from the Kempt road, in the county of Richmond, Chap. 61.
to West Bay, thence by the same road to Saint Peters, "
thence to Grand River, thence to Louisburg by Saint Es-
prit; and the road leading from River John to Amherst, by
Pugwash, in the county of Cumberland, following the course
of the present telegraph line, and also to the new road
leading from the town of Baddeck to the western line of
the county of Victoria, and also to the road leading from
the town of Digby to Westport.
2. Commissioners to expend monies for the opening of Private lands
1 li- 11 1 ■j.i.iii when oroBsed
new roads or altermg old ones when it shall be necessary by agreement.
to cross private lands for that purpose, the proprietors
whereof claim damages, shall, if deemed for the public
benefit, make an agreement in writing with the proprietors ;
the agreement to state the length of the road and the amount
agreed on for damages and cost of fences, and to have a
plan annexed of the road and land through which it is intend-
ed to be carried ; and the same shall be laid before the
general sessions of the peace for the county or district, or
a special sessions ; and if the sessions approve of the agree-
ment or portions thereof, they shall return the same with
their certificate to the provincial secretary's office, to be
laid before the house of assembly, and the house having
considered may confirm the agreement, or any portion
thereof, in which case the same shall be returned to the
provincial secretary's office, and the governor may draw
warrants on the receiver general for the amounts which
may be confirmed.
3. Where no agreements shall be made, or any part Mode of proce-
thereof shall not be confirmed, one appraiser shall be ap- agreement can
pointed by the governor in council, a second by the persons ''«""*<i^-
interested in the lands, and on their default after three days'
notice, by the commissioner, and a third shall in any case
be appointed by the commissioner ; and the three appraisers
shall be sworn to the faithful discharge of their duties, and
shall enter upon the lands and lay out the road in the man-
ner most advantageous to the public and least detrimental
to the persons interested in the land,' and measure and mark
the same and appraise the lands, taking into account the
improvement and assess the damages to the owners and
tenants therefor, and for fencing the sides of the road ; which
appraisement shall be reduced to writing and accompanied
by a plan and admeasurement of the road, shall be returned
to the clerk of the peace, to be laid before a general or
special sessions; and further proceedings shall be had
thereon in conformity with the provisions of the last
section.
4. After any agreement shall have been made or an commwsivmer^
appraisement had under the second or third sections, the Se^ffiy^upon
commissioner may enter upon the lands and proceed with afpSmeSt.
the road, leaving the compensation to be paid to the pro-
222
HIGHWAYS, ETC.
[part I.
Chap. 61.
Fences to bo
made before
compensation.
Damages from
treasury re-
stricted to roads
in the first sec-
tion described.
Width of road.
Site of road,
when held as
surrendered.
What roads to
be under charge
of governor in
council, viz ;
Great eastern-
road.
Road from Tru-
ro to frontier of
NewBrunswick.
Eastern shore
road.
New Guysboro'
road.
Southern shore
road.
Great western
road.
To be divided
into sections,
and supervisors
appointed for
•ach.
Supervisors—
their authority.
To expend mo-
ney.
prietor, to be finally determined in the manner in such sec-
tions respectively directed.
5. No payment for fences shall be made under this chap-
ter until the proprietors of the land shall have made oath
that the same has been put up in a proper manner and at
least thirty-three feet from the centre of the road, and
encloses in whole or in part some of his lands, and that the
same shall not be removed with his assent ; nor shall any
compensation for such fencing be made unless claimed
within one year after the road shall have been opened.
6. No money shall be drawn from the provincial trea-
sury for damages on the completion or running out of any
new road, or alteration of any old one, other than on the
roads specified in this chapter.
7. The road shall be at least sixty-six feet in width.
8. When roads have been or shall hereafter be altered
without any demand for compensation by the proprietors of
land through which the new road runs and for which no
compensation shall have been afterwards made, such acqui-
escence on the part of the proprietors shall be held a volun-
tary surrender to her majesty forever, for a public high-
way, of all the land through which the new road passes to
the breadth of sixty-six feet.
9. It shall be lawful for the governor in council to
assume the charge and management of the undermentioned
great roads, that is to say :
First. The great road east, from Halifax to Sydnej'', Cape
Breton, passing through the counties of Halifax, Colchester,
Pictou, Sydney, Inverness,- Eichmond and Cape Breton.
Second. The great road north, from Truro to the fron-
tier of New Brunswick.
Third. The eastern shore road, from Dartmouth to Ship
Harbor.
Fourth. The new Guysboro' road from the point of
intersection with great eastern road at Pollock's to dividing
line between the counties of Halifax and Guysboro'.
Fifth. The southern shore road from head of North
West Arm to dividing line between the counties of Halifax
and Lunenburg.
Sixth. The great western road, from the city of Halifax
to Avon bridge in the county of Hants.
10. It shall be lawful for the governor in council to lay
off the great roads herein mentioned in convenient sections,
not exceeding one hundred miles, and to appoint one super-
visor for each of the sections so laid off and determined.
11. Such supervisors when duly commissioned and
appointed, shall have the general charge and superinten-
dence of the sections of great road which shall be respec-
tively entrusted to their care.
12. The supervisors shall be entrusted with the expendi-
TITLE XIX.] HIGHWAYS, ETC. 223
for the maintenance, repair, and improvement of such great Chap. 62.
roads, the power of the legislature to subdivide and appor- Apportionment
tion the great road monies not being impaired by this by legislature,'
chapter. _ not impaired.
13. In the expenditure of such monies, and in the mode Modeof expen-
of accounting for the same, (except in so far as the law
may be varied by any order in council which may be here- '
after made and promulgated,) the supervisors shall be
guided and bound by the laws of this province, and (except
when restrained by any order in council) shall possess and
exercise all the powers now by law possessed and exercised
by commissioners of highways.
14. It shall be the duty of such supervisors to furnish Supervisors to
annual reports of the state, condition, and requirements of ^™'*'' reports.
the sections of roads committed to their charge, with sug-
gestions for their improvement, and detailed estimates of the
probable cost of the alterations and improvements so
suggested.
15. It shall be lawful for the governor in council to issue. To be governed
from time to time, such orders and instructions to the super- governo'r in*"^
visors, as may seem meet, such orders and instructions to ders°to'be''ap°-'^"
be laid before the legislature within ten days of the opening proved by logis-
of the next session, and to have the force of law until the
same shall be disapproved.
16. The rate of remuneration to the supervisors, to be supervisors-
appointed under this act, shall in no case exceed the amount ted.
of commissions which is now by law given to commission-
ers of roads, except where surveys of new and important
sections of roads are made, and then they shall be entitled
to charge at the same rate as is now paid to surveyors for
the like service.
17. All road work shall be done by tender and contract. Road work—
except where the expenditure of the money by days' work day's^iabo"*^
may be more advantageous to the public, and so testified to
by the supervisor.
CHAPTER 62.
OP LAYING OUT ROADS OTHER THAN CERTAIN GREAT ROADS.
1. The provisions of this chapter shall be applicable to Roads towwoh
roads other than those mentioned in the last chapter. appUes!''' °'
2. Twenty or more freeholders of the county may peti- Mode of laying
tion the sessions for the making of a new road or alteration aUerfng obi
of an old one, and the sessions, if satisfied of the propriety ''°*'^^-
thereof, shall order a precept to' be directed to three disin-
terested freeholders resident within the county, directing
them within a convenient time to examine into the propriety
224 HIGHWAYS, ETC. [PART I.
Chap. 62. of the desired new road or alteration ; and if they shall be
satisfied thereof, then to lay out and mark the same in the
way most advantageous to the public and least prejudicial
to the proprietors of lands through which the road may
pass, and the freeholders, if satisfied of its propriety, shall
ascertain the length of the new road or alteration, and
taking into consideration the distance which it may run
through the lands of different parties, and the nature of the
-soil and the improvements, and the fencing which will be
rendered necessary, shall make an appraisement of the
damages to be paid to each person through whose lands the
road will run, specifying separately the damage to soil, and
for improvements, and for fencing, and shall make return of
their proceedings to the clerk of the peace,, who shall file
the same and forthwith post notices, containing the sub-
stance of such return, in at least six places of public resort
in the county, and also near the contemplated new road or
alteration, for the space of thirty days previous to the next
sessions,
seasiong to con- 3. At the uext scssions the proceedings shall be con-
;;> prooeedlnga!"" sidered, and objections, if any, heard thereto ; and the
sessions shall confirm or disallow the proceedings, and, if
confirmed,, they shall be recorded.
Special sessions 4. In counties where there shall be only one general
^waiaersiona sessions in the year, a special sessions shall have all the
year"''' °°°'' * powcrs of a general sessions, subject to the like approvaL
Appeaifromthe 5. Any persou who may have objected to the proceed-
s'ions.'""' °^ ^^^' ing^j ^^J appeal from the decision of the sessions, in which
case a precept shall be by the clerk of the peace directed l
to the sheriff" or his deputy, who shall thereupon summon
and swear a jury out of the adjoining townships, who shall
lay out the road or alteration, and make an appraisement in
manner hereinbefore prescribed; and the sheriff, or his
deputy, shall return the same under his hand, and the hands
of the jurors, to the then next sessions, when the same shall
be confirmed and recorded ; but no appeal shall be allowed
until the appellant shall give bond to her majesty, with two
sureties in a sum to be ordered by the sessions, upon con-
dition that if the jury who may be summoned to lay out or
alter the road shall confirm the return of the freeholders, ;j;^
or shall not give greater damages to the appellant by one-
sixth more than was allowed by the return of the free-
holders, into all which the jury are hereby empowered to
inquire, then the appellant shall pay the expenses consequent ''y^
on the appeal, to be taxed by the sessions. * i3
Fines for non 6. If a juror shall not attend and perform the duties
fuJymeu!°° "^ required by this chapter when summoned, he shall forfeit
twenty shillings.
Value of old 7. The freeholders in making their appraisement in case
a°iowo™ ta ap of alteration of a road, may apportion the old road or parts
■TITLE SIX.] HIGHWAYS, ETC. 225
runs, and put a value thereon as compensation in whole or Chap. 62.
in part for the land taken for the alteration, and shallinclude
the same in their return; but the land so apportioned must
run through or adjoin the land of the proprietor to whom
it is apportioned,
8. When the proceedings shall be finally confirmed the ow road to be
land apportioned under the last section shall become the orderTfSoM
absolute property in fee of the person to whom the same
shall have been allotted, but it shall not be shut up oj
the pubhc excluded from the free use thereof until closed
by order of sessions, under the law in reference to the
closing of old roads.
9. The damages appraised and expenses incurred shall Damages and
p _L 1 ^ expensestobea
iorm a county cnarge. county charge.
10. The roads hereinbefore referred to shall be laid out width of roads,
sixty-six feet in width.
11. The freeholders appointed under this chapter to lay New road, &o.,
out any new road, or alter any old one, may lay out the ^"^^"^ °^'
same of a less width than sixty-six feet, as prescribed by
the last section, but not of a less width than fifty feet, if
they shall consider such less width sufficient for the public
convenience ; and the sessions may confirm or disallow the
same.
12. In case of confirmation, the proprietors of the land Compensation
shall be entitled to receive compensation for fencing, on whe™madl!'^'''
making oath that the fence has been put up at least half
the full width of the road from the centre thereof, as so
laid out ; such oath being in other respects conformable
to section sixteen of this chapter.
13. Where roads have been, or shall hereafter be, altered sites of roads,
without any demand for compensation made by proprietors ^'l-?endered°^
of land through which the new road runs, and for which no
compensation shaU'have been afterwards made, such acqui-
escence on the part of the proprietors shall be held a volun-
tary surrender to her majesty forever, for a public highway,
of all the land through which the new road passes to the
breadth of sixty-six feet.
14. The sessions upon application, may order two sur- Open and pent
veyors of highways to lay out a private way, either open or 1°^^^' "^"^ ^"'"^
pent, and the surveyor may agree with the proprietors of
' land through which the same runs as to the damages, or *
otherwise the sessions shall direct a -jury to be summoned,
who shall appraise the damages in manner hereinbefore
prescribed ; the amount of damages in either case, with
the expenses incurred shall be included in the next poor-rate
of the place where the road runs, and when collected shall
be paid to the clerk of the peace for the -parties entitled
thereto.
15. The sessions may direct gates and bars to be placed Gates and bars
, , •' , ° 1 ,. J ■ ii on private ways
on private ways, and make regulations respecting the by order of ses-
placing and keeping thereof j and persons guilty of a breach ^'™^'
226 HIGHWAYS, ETC. [PART I.
Chap. 62. of the regulations shall for every offence forfeit not less
than five nor more than forty shillings.
Fences to be 16. No Compensation for fencing shall be made under
compensation, this chapter Until the proprietor of the land shall have made
oath before a justice that the fence has been put up in a
proper manner and at least thirty-three feet from the centre
of the road, and encloses, in whole or in part, some of his
lands, and that the same shall not be removed with his
assent.
Public landing, 17. A public landing upon the shore of any navigable
making of. -^yater, may be established or altered by the same means,
and in the sarde way as a new road may be made or an old
one altered, under this chapter ; and in so far as the same
may be applicable, the provisions of this chapter shall
extend to such landings, and to roads connecting the same
with the queen's highway.
Land included, 18. Any public landing laid off or established under this
what quantity. qI^^^^qj. jjja,y include SO much land as, in the opinion of the
committee may be sufficient for the purposes of such land-
ing, not to exceed in all one acre.
And whereas it is expedient that engagements in aid
of public roads, and other undertakings should be en-
forced :
Persona sub- 19. Whenever any subscription shall be opened and
money," icf, in made in aid of the erection of any road, bridge, place of
uadeita^"ingsto "^orship, school house, or for any other undertaking of pub-
be held legally lie utility. Or which may be designated in the subscription
list as, or appears to be, a public undertaking, and such
undertaking shall be commenced, every person who may
have engaged by written subscription, to contribute money, ■
labor or other aid towards the undertaking, shall be held >*
legally liable, and bound to perform his engagements, not-
withstanding any apparant want of consideration in the
agreement for the same. . ,*■
Subscriptions— 20. In case of public grants made in aid of such under- i^
ibie '^'^°°^'®'^^' taking, the commissioner or other person appointed to
expend such grant, or where no public grant shall be made,
then the person to whom the performance or superinten-
dence of such undertaking may have been entrusted, or the
person who may himself have engaged in, and be then car-
rying on such undertaking, may require all persons who
may have so subscribed to perform their engagements ; •
and in case any subscriber shall, after a written notice of at
least one month, refuse or neglect so to do, he may be sued
by such commissioner or other person hereinbefore men-
tioned, or the person to whom such subscription may be
payable, as if such subscription were a private debt of the
like amount ; but nothing in this chapter shall be construed
to bind or make liable the estate of the executors or admi-
nistrators of any subscriber, unless they shall be specially A
namfifl in thp, instrument subscrihsd bv him.
TITLE XIX.] SURVEYORS HIGHWAYS — HIGHWAY LABOR. 227
21. All monies or other aid so sixbscribed and recovered, Chap. 63.
shall be applied and expended for the purpose for which the Moniea-appiC
same shall have been so subscribed, and for no other pur- <"'''i"° op-
pose whatever ; but nothing in this chapter shall apply to Operation— not
any subscription made or entered into before the thirty-first '''^''^°^i'™'"'^-
day of March one thousand eight hundred and fifty-three.
CHAPTER 63.
OE SURVEYORS OP HIGHWAYS AND HIGHWAY LABOR, EXCEPT A,^, .^^ '-^;' ,,,
IN HALIFAX. -' .- J
1. The provisions of this chapter shall not extend to the excepted
city of Halifax. ?hlp'tf?°""""
2.* The districts as now established for the performance Road districts
of statute labor on the roads are confirmed. conftrmed!''^'^
3. The sessions may erect new districts, or alter the Districts, how
T "i. r ii- J. 1 T I, J altered; neiv ■
nmits 01 those established. ones how estab-
4. Persons over sixteen and under sixty years of age, I'^^ed,
being able to do a reasonable day's work for themselves, or to^'perform
being freeholders able to pay the commutation, or hire the and the amount.
labor in this chapter prescribed, without injury to their
families, and not being military persons, or holding commis-
sions from her majesty in the military or civil department
. of the army, nor clergymen, nor ordained ministers, nor
teachers of academies or grammar schools, nor licensed
schoolmasters, shall annually perform upon the highways
the number of days labor following, by themselves or sufli-
cient substitutes to be approved by the surveyor of high-
ways or commissioners of streets, and provided with the
tools by him or them directed, viz:
Every person above twenty-one years and under sixty
years of age being a householder and the owner or pos-
sessor of real or personal estate, and not being a hired ser-
vant, journeyman or day laborer, nor residing with his
parents, shall perform six days' labor.
Every person above twenty one years of age, being a
hired servant, journeyman or day laborer, shall perform two
days' labor ; masters of vessels and hired seamen, not being
freeholders to be considered as hired servants.
Every person above twenty-one years of age residing
with his parents shall perform three days' labor. _ ^
Every person above twenty one, and under sixty years
of age, not being a householder, hired servant, journeyman .^^^^^
or day laborer, nor residing with his parents, shall perform ■
four days' labor.
Every minor and apprentice, above sixteen and under
twenty-one years of age, shall perform two days' labor..
is
228 HIGHWAYS, ETC- [PART I.
Chap. 63. 5. In addition to the labor in the last section mentioned,
Labor of horses Gvery such person over twentj^-one and under sixty years
and teams. of age, owning Working oxen, or saddle or draught horses
/ '■'l, v/ „40r mules shall perform one day's labor for every working
,. 7 .. V. ox, and every saddle or draught horse, or mule ; but no person
shall be liable to perform more than four days labor, on ac-
count of any number of oxen, horses, or mules by him owned.
Oxen pastured. 6. Persons usually owning working oxen, or a working
ox, and pasturing the same shall not be relieved from statute
labor in respect of such ox or oxen, unless such ox or oxen
shall have been out of their possession bona fide for two
months previously to the time for performing such labor.
Finefornegieot- - 7. Every such person so owning any such working oxen,
teams ^lo5 draught horses or mules, shall, when required by the sur-
veyor or commissioners, send such oxen or ox or horses or
mules, properly yoked and harnessed, to labor upon the
highways under a penalty of three shillings and six pence
a day for every such pair of oxen, or ox, or horse oi*mule
respectively, and for every pair of oxen and every horse or
mule so sent to labor, or the penalty therefor paid, every
such person shall be allowed one day's labor.
Persons above 8. Every person above sixty years of age, being a house-
harmneams, holder and owniug working oxen or draught horses or
required to send mulcs, shall, whcu notified. Send to labor upon the roads a
pair of oxen or ox, or one draught horse or mule, at the
option of the surveyor or commissioners, properly har-
nessed, for four days, or, at the option of the person, such
pair of oxen or ox, or draught horse or mule, with a driver,
for two days ; and every such person so notified who shall
not send the same shall forfeit for every day's omission three
shillings and six pence for the pair of oxen or draught horse
or mule, and six shillings for the pair of oxen or draught
horse or mule with a driver, to be commuted or sued for
and recovered in manner as hereinafter directed as respects
claims for non-performance of days' labor.
Truck or wag- 9. When any person owning oxen or draught horses or
partyown^suchf mules,, shall be so required to send any such oxen or horses
or mules, such person shall also, if required by the surveyor
or commissioners, send therewith a cart, truck, or waggon
if he shall own one, which the surveyor or commissioners
consider fit, and in case of neglect shall forfeit two shillings
for every day.
A day's work 10. A day, when mentioned in this chapter, shall mean
workiSlhours. eight Working hours.
Li8ts,howmade H- The Surveyors and commissioners shall make out
•"'■ lists of persons liable to perform highway labor, whether
by themselves or in respect of owning oxen, horses, or
mules, and shall be responsible for the correctness thereof;
Persons, how 12. The surveyors and commissioners shall cause to be
mened ; season Summoned the persons contained in their lists to labor upon
roads.''*'"''^ the highways at the most seasonable time, between the first
TITLE XIX.] HIGHWAYS, ETC. 229
day of June and the first day of September in every year, Chap. (33.
seed time and harvest excepted, by giving them six days'
notice of the time and place where they are to be employed,
and of the tools to be brought for such labor ; the notice to
be given either by the surveyors or commissioners, or by
•any person by them authorized, and to be left verbally or
in writing, with some person of the age of discretion, at the
usual place of abode of the party ; and at the time and place
appointed, the surveyors and commissioners shall attend
and oversee the persons so summoned to labor in making
and repairing the highways and bridges in the most useful
manner during the number of days required by this chapter
for each person to labor, and the surveyors and commis-
sioners shall be excused from any other service upon the
highways than that of overseeing the persons employed
thereon.
13. In the following counties instead of the time pre- Certain ooun-
scribed in the last section, the labor shall be performed and "Sis '
withijs the times following in every year, viz : in the counties ^i"="''""i-
of Tarmouth, Shelburne, Queen's and Lunenburg, between
the fifteenth day of May and the fifteenth day of September ;
in the county of Cape Breton between the first day of June
and the fifteenth day of October, and in the county of
Richmond between the first day of May and the fifteenth
•day of October.
14. Every person liable to perform labor under this Absent. persoBs
chapter who has been duly notified but who may have left tam."
the district and shall be absent therefrom during the time
appointed for the performance of his labor, and shall not
have provided a sufficient substitute or paid the commuta-
tion therefor as hereinafter prescribed, or shall not adduce
satisfactory proof of his having performed or so commuted,
or otherwise paid for his statute labor in some other dis-
trict, shall if he shall return to his usual place of abode
within the year, pay three shillings for every day's labor to
which he was liable.
15. In case a highway shall become obstructed, or a obstruction of
bi-idge broken down or carried away, or the road rendered ™affrom unfur
impassable by any unforseen cause except by the falling or '
drifting of snow, the surveyors of highways or commis-
sioners of streets, under the direction of two justices of the
peace, shall notify such persons within the district as may
be deemed necessary, to attend immediately either by them-
selves or with their teams as may be considered advisable
to remove the obstructions or make such repairs upon the
high.way or bridge, as may be by the justices considered
absolutely necessary to render the same passable ; and every
person so attending and laboring shall be allowed for the
labor by a reduction of the like number of days from the
labor to be by him performed under this chapter either for
that or the subsequent year, as the same may occur, before
. seen cautics.
230
HIGHWAYS, ETC,
[PAET L
Ohap. 63.
Commutation
of labor.
Fines for non-
attendance.
Relief to poor
persons.
Persons resi-
ding' on islands
Sessions may
order labor on
particular
roads.
or after the time limited for the performance of highway labor
in the district, in the same manner and to the same extent as
if the labor had been performed at the usual time ; and every
person duly notified to attend and labor under this section
who shall neglect so to do, shall be liable to the same forfei-
tures as if he had neglected to attend and labor at the regular
time, such forfeiture for each day, when paid, to reckon for
one day's labor of such person under this chapter.
16. If any person liable to perform labor hereunder
shall prefer paying money to doing the labor, he may at. or
before the day on which he shall be notified to attend and
labor, pay to the surveyor or commissioners a commutation
for the whole labor to be by him performed, but not for any
part thereof, at the rate^of three shillings for every day's
labor, to which he may be liable for the current year ; and
if any person so offering commutation shall be sued for not
performing his labor, on proof of the tender of the commu-
tation, and on the same being paid at or before the trial the
plaintiff shall be nonsuited ; and the commutation for the
labor of an ox, shall be half that of a pair of oxen.
17. Every person duly notified who shall not labor
agreeably'' to the notice, or tender the commutation therefor
as in the last section directed, shall forfeit three shillings
for every day's labor to be by him performed.
18. * Two justices of the peace for the county may, by a
certificate under their hands, relieve any person from a por-
tion of his labor hereunder, if they shall be satisfied from
his circumstances and situation in life he is really entitled
to such relief.
19. No person residing upon an island whereon there
are any highways upon which the performance of labor
under this chapter may be enforced, shall be obliged to
work or furnish any labor hereunder upon the maiil Iknd,
or be liable to any penalty for not so doing, but every per-
son so residing upon an island and liable to perform labor
under this chapter, shall perform the same upon some high-
way or bridge on the island ; and where the island shall
be connected Avith the main land by a causeway or bridge,
such portion of the labor as may be required to keep the
causeway or bridge in repair, or to rebuild the same, shall be
performed thereon.
20. The sessions maj' grant permission in wi'iting to
persons to perform their labor upon such roads as they shall
direct, and the faithful performance by such persons of the
labor as directed by the sessions shall be held to be the per-
formance of their ordinary highway labor under this chap-
ter, but they shall within one week after the performance
of the labor, obtain from the surveyor or commissioners for
the district, who, if the labor has been faithfully performed,
are hereby required to grant the same, a certificate of the
due performance thereof; which permission and certificate
■HTLE XIX.] HIGHWAYS, ETC. 231
shall be a bar to any action brought against any such per- Chap. 63.
son for non-performance of his ordinary highway labor
under this chapter.
21. No surveyor shall alter any highway without the Highway not to
consent of two justices of the peace for the county, although ouf thToonsent
the owner of the land required for the alteration may assent of two justices.
thereto.
22. The survej^ors and commissioners shall, as often as winter labor,
they shall deem necessary during the winter, order the
inhabitants to work with their shovels, horses, oxen and
sleds upon the highways, in order that the same may be
rendered passable, and every inhabitant not complying with
the order shall, for every omission, forfeit five shillings ; but
no person shall be obliged to furnish more than one days'
labor of himself and team for any one fall of snow, or work
in any case when the fall or drift of snow shall not exceed
twelve inches in depth.
23. Every surveyor shall, annually, on or before the first fieturns of sur
day of the sessions which sliall happen next after the time mlie! ^"^
herein limited for the performance of highway labor, make
a true and faithful return in writing, under his hand, to the
clerk of the peace, of the labor performed under his direc-
tions, designating the names of the persons and the labor
performed by each, and shewing the commutations and fines
by him received and the expenditure thereof, and the
amount of monies then in his hands, and which latter he shall
at the same time pay over to the clerk of the peace, to be
expended under the direction of the sessions upon the roads.
24. Two justices of the peace for the county, on a state- Remission of
ment under oath (see appendix A) of persons applying for statute lator.
remission of statute labor, may, by a certificate endorsed
on such statement, (see appendix B) remit such part of the
statute labor as, in their opinion, the applicant may be
entitled to ; and such statement so endorsed, shall be
returned by the surveyor to« the clerk of the peace and be
by him laid before the sessions.
25. Absent persons shall be notified after the return Notification of
required by section fourteen. absent persons.
26. Each surveyor of highways, after six days' ^.ttend- Surreyors of
aiice, shall be entitled to retain four shilliiigs per day out ment^oY"' '^*^'
of any statute labor money he may have in his hands, or be
credited therefor the following year.
27. Each surveyor who shall, by neglect or misconduct. Loss of statute
cause the loss of any statute labor, shall be liable to pay n^e'gieotj'p'enai-
double the amount of such statute labor, to be recovered *y ^'"^■
as debts of that amount are now recoverable ; such amount
to be proceeded for within two years, and when recovered
to be applied as follows : — one-half for the roads within the
county or district, and one-half to the prosecutor.
28. All fines and forfeitures incurred by minors under Heoover--
this chapter may be recovered from the parents, masters, or b"^"
232 COMMISSIONERS STREETS. [PART I.
Chap. 64. guardians of such minors, with whom such minors reside,,
or who have a right to receive their wages, in the manner
provided in the next section.
Fines, how re- 29. Forfeitures, except under the fourth and fifth sections
pro^-iS'"'' of this chapter, shall he sued for and recovered by the-
surveyor or commissioners by their name of office, as sur-
veyor of highways or commissioners of streets for the place
for which they have been appointed, or in the individual
names of them, or any of them, or by and in the name of any
person who will sue therefor, and in any case in the same
manner and with the like, costs as if they were private
debts ; and, when recovered, shall be applied by the sur-
veyor or commissioners to the repair of the highways.
APPENDIX.
A.
I, A. B., do swear that I am of the age of years,,
[here insert ivitJi en without a. family,'] am sick or infirm —
own real estate of the value of , and personal estate
of the value of . So help me God.
B.
We, , and , —justices of the peace for
-, hereby authorize the remittal of days' statute
labor to the within named ■
CHAPTER 64.
OF COMMISSIONERS OF STREETS.
jurMietion of 1. The jurisdiction of the commissioners shall be con-
dXeii."''""''- fined to the limits following, that is to say:
FOR MAITLAND.
From Richard Anthony's east line to the Five Mile River,
and along the Kennetcook road to R,ocky brook.
FOR WINDSOR.
To such parts of the town as extend from Smith's island
to the northward and eastward as far as the bridge over the
Trecothick creek, on the main road leading out of the town
of Windsor, as far as the church, and on the southward and
TrtLB XIX.] COMMISSIONERS STREETS. 233
FOR BRIDGETOWN. ChAP. 64.
Within the bounds following, that is to say : beginning at
the western boundary line of the late William Ruffee, one
half a mile to the northward of the Granville main road as
now situate, thence westwardly until it meets the eastern
boundary line of the late Henry Troop, thence southwardly
until it meets the Annapolis river, thence by the course of
the river to the western line of William Ruffee, thence
northwardly the course of that line to the bound first
mentioned.
FOR ANNAPOLIS ROYAL.
To such parts of the town as extend eastwardly to the
intersection of the main road to Halifax, by the old road
leading to the Dalhousie settlement, southwardly to the
■ General's bridge, westwardly to Allen's creek, and north-
wardly to Hog Island, including the same.
FOR DIGBY.
To all the roads and streets which are comprehended
within a circuit of two miles extending from the court house
in the town of Digby in every direction.
FOR LIVERPOOL.
To such parts thereof as extend from Fort Point by the
western side of Liverpool harbor to the bridge crossing the
main road leading to the falls near More's tan-yard, thence
south-west one mile, thence south-east one mile, thence
north-east until it strikes the harbor of Liverpool, and
thence by the harbor to Port Point.
FOR HILTON.
•^ Beginning on the eastern side of Liverpool river at a |^
bridge called Salmon Island Bridge, thence running at right
angles to the river eastwardly half a mile, thence northward-
ly parallel to the river until it comes opposite to Thomas
Etherington's house, thence running one mile and a quarter
on a course about north forty-five degrees west, in the
direction of and past the house of Joseph Ford, jnr., includ-
ing such house, thence southwardly parallel to the river
until it comes opposite to the residence of Freeman Tupper
inclusive, thence to the river, thence down the river to
Salmon Eiver bridge.
FOR PORT MEDWAY.
From the Western Head to South West Cove, and extend-
ing back from the river one mile.
234 commissioners streets. [part 1.
Chap. 64. foe lunenbueg.
Within such parts of the town as extend eastward to the
southwest angle of the garden lots nearest to the town,
west to the road leading to Burn's tan-yard, and north to
the bridge in the rear of the town.
FOE CHESTER.
To the town plot.
FOR DARTMOUTH.
Within the distance of one mile, measured in a south-
wardly, eastwardly and nortwardly direction, from the pub-
lic landing or steamboat company's wharf.
FOR PICTOTJ.
On the west, by the west side of the Town Gut, on the
east, by the west side line of the farm lately occupied by
the late David Lowden, on the south by the harbor of
Pictou; and on the north, to the rear line of the original lots
laid out and fronting the harbor.
FOR NEW GLASGOW.
To such part as is comprehended within the bounds fol-
lowing, that is to say : — To be bounded on the south by a
line running on the south line of the property of the widow
of Alexander Praser, deceased, and extending eastwardly and
westwardly to the east and west lines and boundaries herein-
after mentioned; on the north by a hne running on the north
line of the property of John Rose, and extending eastwardly
and westwardly as hereinbefore mentioned ; on the east by a
linei running on the front line of Edward Graham's house,
and extending northwardly and southwardly to the north
and south lines hereinbefore mentioned, in a parallel course
with the river ; and on the west by the road leading from
the Albion mines to the point.
FOE GUYSBOEOUGH.
To the town plot.
FOE SYDNEY.
To the peninsula of Sydney, extending to the southward
and eastward to Fresh Water River Creek, the old Saint
Peter's road, and thence in an eastwardly direction to
Copitt's mill brook, and thence to be bounded by the brook
until it meets the waters of Malony's creek.
FOE TEURO.
To the village of Truro, in the county of Colchester,
missioners.
TITLE XIX.] COMMISSIONERS STREETS. 235
tween Truro and Onslow ; west by a line at right angles Chap. 64.
thereto, passing by the presbyterian meeting house, so as
to include the road from the presbyterian meeting house to
the board landing ; south by a line parallel with the first
line, and to run one mile south of the court house, and
e^st by a line parallel with the west line, and to run along
the east line of the lane called David Fulton's lane, so as to
include William Eaton's lane — the east boundary line to
extend northwardly the corner of said lane to the Onslow
town line.
FOR NEW CALEDONIA.
From Jacob Sturk's west line, west to William M. Weather-
spoon's west line, bounded south by the Annapolis river,
and running north half a mile from the main road.
2. The subsequent provisions of this chapter shall ex- Seotions ap^ii-
tend to the city of Halifax, and the commissioners of streets ef Halifax! ""^
therein, unless where specifically excepted.
3. The commissioners shall appoint a clerk and receiver cierkandreeei-
of moneys, and subdivide their districts and assign a part luMmmS of '
to each commissioner. districts.
4. The commissioners shall remove all incumbrances Duties of com
upon the streets, prevent encroachments thereon, make
repairs, alterations and improvements therein as required ;
open and make new streets when authorized, make and
repair bridges, and cause to be observed the laws touching
the streets and bridges, or the work to be performed thereon :
and especially shall call out, sue for, levy and receive from
the inhabitants liable to perform highwaj'' labor, the monies,
services, highway work and penalties, and composition
therefor, due, payable, or to be performed by them ; and
shall prosecute for offences committed against the laws
relating to highways, and sue persons holding monies
appropriated to the repair of the streets, or not paying any
penalty appropriated thereto.
5. The commissioners shall keep an exact account ofAoconntsof
monies redeived by them, and services performed under <""''™ssioners.
their direction ; and shall, under a penalty of five pounds,
annually on or before the first day of the sessions which
shall happen first after the time limited for the performance
of statute labor, render under their hands to the clerk of
of the peace, to be laid before the sessions, a general,
regular, and fair account in writing of all monies received
and paid by them as commissioners for the past year, to the
end that the same may be audited and passed by the ses-
sions. This section not to extend to the city of Halifax.
6. The commissioners shall from time to time cause the Further duties
streets within their divisions to be cleared, repaired, raised, ofg«»'"">ission-
sunk, altered or paved, as they may deem proper, and may.
also cause to be dug and carried out of or brought into the ^
236 COMMISSIONERS STREETS. [PAET I.
Chap. 64. streets, materials from the shores of the harbors, doing as
little injury as possible in any case to the proprietors of
the soil, and may employ and pay boatmen, carts and
laborers, as they may judge conducive to the accomplishing
the designs of this chapter ; and may also make contracts
for the repairing and paving of the streets ; and may comi-
pound with persons by the year for such sum in advance as
they may deem reasonable for the proportion of highway
labor or payments to which such persons may be liable ; and
may put up bars and fences to shut up streets while under-
going repairs ; and may raise, sink, alter, or new lay, drains,
water-courses, pipes and sewers, as they may think proper,
causing as little detriment to individuals as the case will
admit of; and may cause the course of gutters, water-
courses or channels, running in or through the streets, to
be altered as they shall think proper.
Fino for neglect- 7. Persons residing within the foregoing limits respec-
teS au/strf ets tively, shall keep the gutters and streets before the houses,
miaea'o'ean.^"" buildings, or land inhabited or occupied by them, free from
dirt, filth, and nuisance of every kind ; and whenever any
incumbrance or nuisance shall be found in any of the streets,
the person before or nearest whose house, building, or land
the same shall be, shall forfeit twenty shillings, and also pay
the expense of removing the same ; and any commissioner
may cause the removal thereof without giving notice to the
owner, or being in any way answerable therefor ; but no
person shall be liable to this penalty unless he shall have
placed the nuisance or incumbrance in the street where
found, or not having so placed it shall suffer the same to
continue twenty-four hours.
Persons build- 8. Persous by leave of the commissioners may place in
iitreSs fo°r°°"^^ *^® streets materials for building, and erect posts, bars, or
piaoing mate- enclosures for securing such materials, and continue the
same for such time as the commissioners may give leave,
and in manner as they shall direct, and not longer or other-
wise on pain of forfeiture.
Wells and 9. The Commissioners may cause wells to be dug, and
piwfded"" pumps to be placed therein, in the streets where they shall
judge necessary and convenient, in manner as they shall
direct.
Nuisances and 10. The Commissioners shall cause all things belonging
encroachmenU . i-it ii j. i i
liable to re- to any building or cellar, or to any ground or enclosure
laovai. thereof, which may occasion any nuisance, encroachment, or
annoyance in any street, to be removed or altered in manner
approved by them or their surveyor ; or, if it can be done
without particular inconvenience to the public, niay suffer
the same to remain, upon the proprietor giving security
that it shall not be repaired or rebuilt, and also paying to
the commissioners a reasonable annual ground rent for the
part of the street encroached on during the continuance of
TITLE XIX.] COMMISSIONERS STREETS. 237
11. Persons intending to build upon, or close to, the line Chap. 64.
of a street, shall, before digging a foundation or beginning Line of streets,
the building, apply to the commissioners to cause the line j'„ ^af^'f '"'"' '
of the street to be defined and laid out, and shall defray the buudings.
expense of a surveyor, if necessary to employ one, and shall
dig the foundation and erect the building within the line,
avoiding any encroachment ; and if any person shall erect a
building upon the line of the street without making such
application, and havirfg the line so ascertained, he shall for-
feit ten pounds, and shall also remove the encroachment, or
otherwise the commissioners may remove the same, or take
the steps by law allowed in cases of common nuisances.
12. When the commissioners shall have proceeded to Lines settled by
ascertain the line of the street on the application of any Sjput'eA^oturn,
person about to build thereon, and he shall be dissatisfied '^'''"'o''''™'^*^-
with the line pointed out by the commissioners, a judge of
the supreme court shall, upon application of either party,
issue a precept to the sheriff or his deputy, to summon a
jury of twelve disinterested freeholders to meet at some
convenient day therein mentioned, to view and lay out the
line ; and the jury shall have an oath administered to them
by the sheriff or his deputy, well and truly to lay out and
establish the line of the street according to their best judg-
ment, and the witnesses tendered shall be sworn by the
sheriff or his deputy; and if the jurors or either party
require it, a new survey of the line shall be made, and the
sheriff or his deputy shall make a return forthwith under
the hands of himself and the jurors, to the judge, who, if he
shall approve thereof, shall confirm the return, and the same
shall be filed in the office of the clerk of the peace ; but if
the judge shall not approve of the return, a new precept
shall be issued and further proceedings had thereon in
manner prescribed as to the first precept, and so on until a
return be confirmed ; and the judge shall direct how and by
whom the expenses of the proceedings shall be paid, and
the same shall be taxed by the judge and shall not exceed
ten pounds.
13. No person shall break up the soil of a street without soii of streets to
first making application to the commissioners in writing, by permission ^
specifying the purpose for which such breaking up is re- f°rTffenoes.''"*
quired, and obtaining their permission therefor in writing ;
and the commissioners may impose such terms upon the
person applying as the security of passengers shall appear
to them to require ; and any person acting contrary to this
section or to terms imposed by the commissioners, shall for
every offence forfeit five pounds.
14. Every person who shall drive any carriage or ride Fine for driving,
over a side path, or roll or place heavy articles over or on Bid"pali.°°
the same to the injury or obstruction of the side path, shall
for every offence forfeit not less than five nor more than
forty shillings.
238 COMMISSIOKEES STREETS. [PART I.
Chap. 64. 15. The county treasurer shall pay to the commissioners
Duties on li- ^'^^ of ^^^ county treasury, quarterly, three-fifth parts of
'riatedFn "art *^® Hionies arising from duties on licensed houses and shops
to repair of within their jurisdiction, to be applied by the commissioners
streets. ^^ ^1^^ repair of the streets or the purposes of this chapter.
Annapolis river 16. The whole of the bridge over the Annapolis river at
charge of com- Bridgetown shall continue under the charge of the commis-
inissioners. gioncrs there, whose duty it shall be to see to the proper
keeping and repair thereof; and they shall take such mea-
sures for preventing injury to the bridge and for bringing
to punishment persons guilty of wilfully injuring the same
as to them may appear expedient.
Sessions may set 17. The court of general sessions are hereby empowered
off districts. ^Q gg^ Q^^ ^y limits, districts within their counties, and to
declare what number of commissioners of streets shall be
Appointment of appointed for each district, in manner following : the grand
commissioners, j^^^ ^j^^jj recommeud double the number being residents in
such districts, of whom the sessions shall select one-half, one
of whom shall annually retire in the order in which his name
stands on the recommendation list handed in by the grand
jury, and upon such retirement, two other residents shall
be recommended in hke manner, one of whom shall be
selected by the sessions to supply the vacancy created by
Vacancies, how such retirement, and in case of the death, continued absence,
filled. ^j. j.gf^gg^j ^Q serve, of any such commissioners, a special
sessions may fill up such vacancy, subject to the confirma-
tion of the grand jury and the general sessions, at their
next meeting; and any person appointed under this section,
who, after notice of such appointment, shall refuse or
neglect to be sworn into office, shall forfeit and pay a fine
of two pounds.
Bridges over 18. The sessions, in setting off districts, may include
vidtn"' fowi^^' within their limits any bridge now or hereafter to be built
ships,°&c. over any brook, stream or river, dividing any districts or
townships, and may place such bi'idge, or any part thereof,
under the charge of the commissioners having supei'vision
within such districts.
Provisions of 19. Upon being sworn to the faithful discharge of their
appiftoool^ duty, all the provisions of this chapter shall apply to the
missioners. commissioners to be appointed under the seventeenth sec-
tion.
Not to apply to 20. Sections fifteen and seventeen shall not apply to the
city of Halifax. . , ■ p -i-i- ■■ .p
city of Hahiax.
Vacancies how 21. When vacaiicies of commissioners shall occur in the
filled up. several districts or villages in the first section named, they
shall be filled up and supplied under the seventeenth section.
Powers of com- 22. The Commissioners shall have all the powers by law
missioners. yested in the surveyors of highways, and no siirveyors of
highways shall have any powers within their jurisdiction.
fin°e's°L'^re- 23. Mouies and forfeitures payable under the foregoing
covered and Rpo+.irins mav bp. sued for and rfif.nvp.rp.rl hv ihf. cnnnnis-
TITLE XIX.] CITY HALIFAX HIGHWAY LABOR. 239
sioners in their name of oiSce as commissioners of streets Chap. 65.
for the place for which they have been appointed, or in the
individual names of them or any of them, in the same man-
ner and with the like costs as if they were private debts,
and when recovered shall be applied by the commissioners
to the repair of the streets, or other the purposes of this
chapter.
2-i. No action shall be commenced against the commis- NoWce of action
sioners or persons acting under them until twenty days' m^ts°one?sf ii
notice in writing shall be given to one or more of the com- mitation.
missioners, nor after six months next after the act commit-
ted for which the action shall be brought, and every such
action shall be laid and tried in the county within which the
commissioners have jurisdiction.
25. The word " commissioners," when used in this Definition of
chapter, shall include the commissioners of streets, or the *''™^'
major part of them within their' respective jurisdictions,
unless otherwise expressed or repugnant to the sense ; and
the word " streets," shall include highways, lanes and
bridges.
CHAPTER 65.
OF HIGHWAY LABOR IN THE CITY OP HALIFAX.
1. Every person within the city of Halifax keeping a Labor of teams,
cart, team or truck, shall at the time notified by the com- ***''" ^''^""■''■
missioners of streets, send one cart, team, or truck, with
two oxen or two horses, or with one horse, if he shall own
no more, and one able bodied man to drive the same, to
labor on the streets of the city, for four days in every year ;
and if he shall not attend and labor, he shall, for every day's
omission forfeit, if owning two or more horses, ten shillings,
and if owning only one horse, seven shilhngs.
2. Every hired servant, minor, apprentice, journeyman. Persons liaUe
and day laborer shall, at the time notified by the commis- days?""^ '^°
sioners, and provided with the necessary tools directed by
the commissioners, work for two days.
3. Every other person able of body between the ages of Persons liaWe
sixteen and sixty, shall at the time notified by the commis- alys. °^ ^'^
sioners, and provided with the necessary tools directed by
the commissioners, work for six days in every year.
4. The following persons are exempt from the provisions List of persons
of this chapter: — Military persons, and persons holding ®^^™^'®'^"
commissions from her majesty in the civil or military depart-
ments of the army : teachers of academies or grammar
schools, and licensed schoolmasters; the officers, clerks, ''v;^/
240 CITY HALIFAX HIGHWAY LABOR. [PART I.
Chap. 65. and persons employed and -borne on the books of her majes-
ty's ordnance department, naval yard, victualling establish-
ment, and naval hospital establishment, in Halifax. This
latter class of exemptions not to extend to more than forty
persons in all, whose names shall be from time to time fur-
nished by the heads of the departments to the city clerk.
Persons over 5. Persons within the city keepina; carts, teams, or trucks,
sixty years ha- i,. .. ,, i j. r
Wefor teamia- who bemg sixty years old or upwards are exempt irom
"'^' labor under the foregoing provisions, shall, nevertheless,
when summoned so to do, send their carts, teams, or trucks,
to labor four days.
Aday^sworkin 6. A day's labor, when mentioned in this chapter, shall
ten working mean ten working hours, and the labor shall be performed
hours. i^y ^j^g person liable, either by himself or his hired yearly
or monthly servant, to be approved of by the overseer.
Winter later. 7. The Commissioners shall, as often as they deem neces-
sary during the winter, order the inhabitants to work with,
their horses, oxen, and sleds, on the streets, in order that
the same may be rendered passable ; and every inhabitant
not complying with the order shall, for every omission, for-
feit ten shillings, but no person shall be compelled to
furnish more than one day's labor of himself and team for
any one fall of snow, or to work in any case where the fall
or drift of snow shall not exceed twelve inches in depth.
Substitution of 8. When the commissioners shall deem the labor of men
more useful than the emploj^ment of carts, teams, or trucks,
then the persons by this chapter required to furnish carts,
teams, or trucks, shall, instead thereof, be required under
the like penalties to send two men provided with the
necessary tools, and to labor for the time hereinbefore pre-
scribed.
Extra liability 9. Every person resident in the city, and keeping carts
tban two horses or trucks with more than two horses, shall, besides the
"^'^ performance of labor hereinbefore prescribed, pay for the
additional horses over two the following sums annually, viz :
for a third horse seven shillings, and for a fourth and every
other horse five shillings each.
Horses not em- 10. Evcry pcrson resident in the city who may keep
Sucks oToarts, horses not employed with trucks or carts, or for which he '
how rated. jjjg^y ^q^ \^q subject to the labor or payments hereinbefore
provided, shall pay for such horses annually, as follows, viz :
for one horse seven shillings, for each additional horse five
shillings.
Fine for neglect 11. Persons not performing the labor on the streets
° ^ °^- ^ under this chapter, when summoned six days previously by
a notice in writing from the commissioners, or any person
acting under them, and delivered personally or at the usual
place of abode of the party, shall forfeit for each day's labor
to which he may. be liable three shillings.
How recovered 12. Monies and forfeitures under this , chapter shall be
app e . recovered in the name of the city in the same manner and
TITLE XIX.] EOAD EXPENDITURE. 241
■with the like costs as private debts, and the proceeds shall Chap. 66,
belong to the general funds of the city. ~- '
CHAPTER 66.
OP THE EXPENDITURE OP MONIES ON THE ROADS.
1. The governor in council shall annually before the Commissioners,
fifteenth day of May, and thereafter in cases of necessity, ^"^ "Ppoi'^t*^-
appoint commissioners for superintending the expenditure
of monies granted for the making and repairing of roads
and bridges, and may remove them at pleasure and appoint
others in their place; and the provincial secretary shall
furnish the receiver general with a list of the naraes of the
commissioners and the sums to be by them expended, and
shall give the receiver general notice of alterations made in
the commissions, and shall, within twenty days after the
appointments, have the commissions and the bonds to be
entered into by the commissioners; where required, trans-
mitted ready for execution.
2. The commissioners, when the amount to be expended Commissioners'
shall exceed twenty pounds, shall, before entering upon the sumsoveA'^^en.
duties of office, give security by bond, with two sureties to *^ P°""<i8-
the satisfaction of two justices of the peace for the county
in double the amount of the sum to be by them expended,
faithfully to lay out and account for the money according to
law ; and the justices shall certify their approbation and the
sufficiency of the sureties upon the back of the bond.
3. The receiver general shall retain in his hands, where Sums under
the amount shall not exceed twenty pounds, the whole, and not to^I'drawn
in other cases two-thirds of the amount to be expended, over\ua™am^nt
until the whole sum shall have been d\ily laid out. one-tiiird only.
4. The monies shall be expended by tender and con- Money iiow to
tract, unless it shall appear to the commissioner that the aceountsffo'rm
same or parts thereof cannot be so advantageously expended "^ »*"'' ■*'*■
in that manner as by day's work, in which case the monies
or parts thereof required may be expended by day's work ;
but the commissioner who shall expend any monies by day's
work shall render an account thereof in writing, under oath,
to the receiver general, the -oath to be administered by a
justice of the peace, without fee, and to be, as near as may
be, as follows :
" I, A. B., do swear that the annexed [or foregoing account]
is just and true, and that the monies by me expended have
been fairly and honestly applied for the purposes for which
they were granted ; that 1 procured the best labor in my
power to procure, and at the lowest rate of wages, and that
242
EOAD EXPENDITURE.
[PART I.
Chap. 66. the day's work charged in the account has been, in my
" opinion, more advantageous to the public than if the expen-
diture of the sum had been made by tender and contract.
Contracts how
to be entered
into, and when
to be fulfiUed.
Sworn
fore me.
5.
to at-
(Signed)
, this
A. B., commissioner.
day of , 18 — , be-
C. D., J. P."
Form.
(Signed)
Before entering into any contract, the commissioner
shall give notice thereof by advertisement posted up for ten
days previously in the places usual for public notices in the
county, and he shall receive sufficient security from the con-
tractor for the performance of the contract within the time
specified ; and he shall, where the whole amount to be
expended exceeds twenty pounds, pay the contractor as the
work shall be proceeded in, monies on account, until one
third of the amount of the contract shall have been paid ;
but shall not pay the remaining two-thirds until the work
shall be completed agreeably to contract. Contracts shall
be made to expire on or before the last day of September
in the year in which they are entered into, except those for
the opening of new roads and the improving such as have
not been used for wheel carriages, and for erecting bridges
which may be extended until the thirty-first day of October,
and the contracts shall be as near as may be in the words
following, and shall be binding on the parties thereto :
" Articles of agreement made this day of , one
thousand eight hundred and , between A. B., commis-
sioner of of the one part, and C. D. of , and E. P.
and G. H. of , as sureties of the said C. D. of the
other part, as follows, viz: the said C. D., E. P. and G. H.
agree with the said A. B. that the said C. D. will, on or
before the day of next, in a good and work-
manlike manner, well and sufficiently • , to the
satisfaction of the said A. B. ; and the said A. B. agrees
with the said C. D. that he, the said A. B., will pay unto the
said 0. D. the sum of , in manner following, that is to
say : one-third thereof from time to time as the work shall
be proceeded in, and the remaining two-thirds when the
work shall be completed according to this contract."
Contracts in 6. Where the sum to be expended on any particular
twenty pounds, work shall not exceed twenty pounds, it shall not be impera-
tive oji the commissioner to require the contractor to enter
into the formal contract hereinbefore prescribed, but it shall
be sufficient to make a memorandum in writing, which shall
be binding upon the contractor and his surety, for the due
performance of the contract, and upon the commissioner for
the payment of the monies agreed on. And the memoran-
dum shall be, as near as may be, in the words following :
A. B. of hereby agrees with C. D. of to
Perm.
perform the following work, viz :
and to complete
the same in a good and workmanlike manner, on or before
the day of next. For the due performance
TITLE XIX.] EOAD EXPENDITURE. 243
whereof E. F. of hereby becomes surety for the said Chap. 66.
A. B. And the said C. D. as commissioner for the perform-
ance of the work, hereby agrees with the said A. B. on the
due performance of his contract, to the satisfaction of the
said C. D. to pay him the sum of therefor.
Dated this day of 18 — .
(Signed) A. B.
CD.
E. F.
7. Commissioners expending any monies by contract, Return of oom-
shall make return under oath to the porvincial secretary's Ss°o/m™ies
office, stating the amount of the different contracts entered oo^t™'^!'^ ^^
into by them, — the oath to be administered by a justice of
the peace, without fee, and to be, as near as may be, as
follows :
" I, A. B., do swear that the contract referred to in the oath.
annexed [or foregoingi account, has been faithfully executed,
and the money voted for the work has been laid out pro-
perly, and to my entire satisfaction.
(Signed) A. B.
Sworn to at this day of 18 — , before
me. (Signed) C. D., J. P."
And they shall also make return of the contracts, or copies
thereof, when exceeding ten pounds.
8. If two justices of the peace for the county shall certify Two justices
to the governor that the work upon any road or bridge ^hereworLs
hath not been faithfully performed, or that any contract not faithfully
hath not been faithfully executed, the commissioner shalhceediS^s^tier™'
not draw the money entrusted to him to expend, or the "P°°'
remaining two-thirds thereof, as the case may be ; but the
general sessions for the county, or a special sessions to be
called for the purpose, shall inquire into the expenditure of
the money, the performance of the labor, and the execution
of the contract, where one has been entered into, notwith-
standing the same may have been performed to the satis-
faction of the commissioner, and shall certify to the gover-
nor the particulars of the expenditure, and the sum which,
in their judgment, ought to be paid to the commissioner,
which sum only the commissioner shall receive from the
treasury.
9. Where it may be necessary or expedient to gf ocure Materials how
materials for the repair of the roads, the commissioner, if theownerome
from the absence or obstinacy of the owner or possessor of obstinate?"' ""^
the soil, no agreement can be made with him, may enter
with workmen, carts, carriages and horses, upon any lands,
and therefrom, for the repair of the road, dig up and carry
away stones and gravel, and cut down and carry away trees,
brushes, logs, poles and brushwood; and the damage done
thereby shall be appraised by three indifferent freeholders,
nominated by the nearest justice of the peace for the pur- -M^.
pose : and the sum appraised shall be paid by the commis- *'" *•'
16
244 EOAD EXPENDITURE. [PART I.
Chap. 66. sioners to the owner of the soil, if demanded, within three
months after.
Number of la- 10. There shall not be employed in any one day more
borers under ,1 i>j.ii i ii •'..•' .
one oommia- than lorty laborers to work under one commissioner, and
how^pair*"^^' t^6 wages of laborers shall be paid in cash only.
Foreman may H- ^0^ svery ten laborers daily employed by one com-
be appointed, missioner, the commissioner may employ a foreman, who
shall work with the laborers, and take charge of those put
under his direction, and shall work Avith and superintend
the laborers generally in the absence of the commissioner.
Commiaaioners' 12. Commissioners shall be entitled to charge and re-
payTpiy^of"* t^iii) 3,fter the rate of five per cent, on the monies to be by
menand teams; them expended: and also four shillings and sixpence per
worKinfir hours. x 7 o i x^
day for every day they shall have been actually employed
superintending day laborers, and shall have had at least ten
laborers at work throughout the day. No foreman or
laborer shall be paid more than four shillings and six pence
per day. No owner of a team, consisting of a cart, driver
and two horses, or four oxen, shall be paid more than ten
shillings per day ; and of a team consisting of a cart, driver,
and one horse or two oxen, more than seven shillings and
sixpence per day. The day to consist of at least ten work-
ing hours ; and the foregoing wages to be paid only where
suitable day laborers, teams and drivers, cannot be had at
lower rates for cash.
When employ- 13. Laborers employed in erecting breakwaters, and in
Tfaters^&o.''' clearing out rivers, or in other public works of a similar
nature, shall be entitled to receive a sum not to exceed five
shillings per day for their labor while so engaged.
Eneroachments 14. The commissioners shall examine the breadths of
ces* how^pro^"" tlie roads within the limits of their commission; and if it
Tided asainst. g^all appear that any encroachment or incumbrance hath
been made or placed upon the same, shall forthwith give
notice to the owner or possessor of the land adjoining, that
unless the road be opened and cleared to its proper width,
Avithin thirty days, the person who shall have caused or
continued the encroachment or incumbrance will be prose-
cuted as the law directs; and the commissioners shall make
an accurate return of the breadth of the roads and of in-
cumbrances thereon to the supreme court or sessions for
the cojinty, at its next sitting after their appointment, in
order that such proceedings may be thereupon had by the
court as may be deemed proper to carry into effect the laws
in relation to encroachments and incumbrances on the
highway.
title xix.] preservation op roads. 245
Chap. 67.
CHAPTER 67.
OP THE PRESERVATION OP ROADS.
1. If any person shall illegally alter or encroach on a pine for aitera-
public highway or private road laid out and established by oroachmlnts.
law, he shall forfeit five pounds.
2. A justice of the peace on his own view, qr on the justice, on Wa
oath of a witness, may impose a fine not exceeding twenty th^foauTof a
shillings on any person who shall encumber any road or witness,may
bridge by placing any thing thereon, to be levied by war- taring roads-,
rant of distress on the offender's goods,- or in case the ^'''^'"'^"'""*-
offender shall not be known, by sale of the incumbrance,
the overplus, if any, being retained for the owner when
discovered. If the incumbrance shall be continued, it shall
be deemed a new offence.
3. The sessions may make regulations for preserving the side paths pre-
side paths of any public highway, except within the city of of Je^ssioL""'^'"
Halifax, from being injured ; and every person guilty of a
breach of the regTilations, shall forfeit not less than five nor
more than fifty shillings.
4. If any person shall destroy or injure any trees or Fine for de-
underwood growing upon the land Ij'ing between any river, fjybetwS^'
lake or arm of the sea, and any public highway running ^^^^''''^^'Sh-
within thirty feet of the margin thereof, he shall forfeit a
sum not exceeding forty shillings.
5. If any person shall iniure or destroy anv trees or Bedford Basin
J J ■ V. J. ii, jij- jT>i road protected.
underwood growing between the road leadmg round Bed-
ford Basin from the three mile house to Sackville bridge,
and the waters of the basin, at any place where the bank
shall not be of greater width than twenty feet from the
eastern side line of the road, or shall, from any place above
high water mark, where the bank shall not be of greater
width than before mentioned, unless for agricultural pur-
poses, in a cultivated part thereof, carry away from the
bank any earth or stones, or shall take from out of the bank,
where not of greater width than before mentioned, any
earth or stones near the roots of any .trees or underwood,
whereby the trees or underwood shall be injured or de-
stroyed, he shall forfeit for every offence, forty shillings ;
and in default of payment, or goods whereon to levy, he
shall be committed to jail for not less than ten, nor more
than thirty days.
6. All incumbrances found on the ditches or tract of the incumbrances
road, in the last section mentioned, shall be forfeited, and road forfeited
may be disposed of by the surveyor of highways, without
any legal proceedings, and the proceeds shall be applied by
the surveyor to the repair of the road.
246
SUPERVISORS PUBLIC GROUNDS.
[PART I. «•
Chap. 68.
Disorderly dri-
ring— penalty,
Bridges pro-
;eetea.
[/arnages on
runners to be
iriTen with
)ells.
[Vidth of car-
riages on run-
(Vidth of loads
)f hay.
Unloaded sleds
lot to have
jointed stakes,
to.
Centre of high-
way to be left
)n the right.
t*ersons passing
n earriajges to
,eave sumoient
space on the
•eft.
Carriages
itanding, not to
)e within eigii-
;een inches of
jentre of road.
Fines for of-
fences, when to
)e prosecuted.
Sow applied.
7. No person shall ride or drive any horse at fall speed,
or in a disorderly manner, in the public street or highway,
in any town or village. Persons violating this provision
shall forfeit a sum not exceeding twenty shillings for each
offence, tp be recovered as directed in the sixteenth sec-
tion.
8. No person shall trot or gallop any horse over a bridge
within, or partly within this province, of greater length
than twenty-five feet.
9. Carriages on runners driven on the highway shall
have affixed to the harness two good open bells, or four
good round bells, such as are commonly used in sleighs.
10. Carriages on runners used for the conveyance of
loads on the highway, shall be not less than four feet wide
from outside to outside.
11. No load of hay or straw of greater width than four-
teen feet, shall be drawn on a highway.
12. No unloaded sled shall have pointed stakes standing,
or frames or projecting pieces outside.
13. Persons in driving upon the highway shall leave the
centre of the road on their right hand.
14. Persons attempting, when driving, to pass another
carriage on the highway leading in the same direction, shall
leave a sufficient way open on their left hand for the car-
riage which they are about to pass.
15. Carriages standing on the highway shall not be
nearer the centre of the road than eighteen inches, and on
the proper side thereof.
16. Persons violating any of the provisions of the last
eight sections shall, for every offence, forfeit ten shillings ;
and in default of payment, or goods whereon to levy, shall
be committed to jail for not more than forty-eight hours ;
but the prosecutions must be commenced within forty-eight
hours after the offence.
17. Forfeitures under this chapter, not specifically ap-
propriated, shall be applied under the directions of the
sessions to the repair of roads and bridges.
CHAPTER 68.
OP supervisors of public grounds.
Jupervisors—
i«w appointed.
1. The grand jury in each county or district shall, on
the application of twenty freeholders of any township,
appoint six persgns resident in such township, out of whom
the sessions shall appoint three to be supervisors of public
grounds,* and the sessions, upon the recommendation of the
TITLE XIX.] SUPERVISOES PUBLIC GROUNDS. 247
grand jury, may remove them, or any of them, and vacancies Chap. 68.
shall be supplied by the grand jury recommending double
the number of persons necessary to supply the same, out of
whom the sessions shall appoint the number required, and
the clerk of the peace shall keep a record of such appoint-
ments, removals, and vacancies, and the dates thereof; and
such supervisors shall be a body corporate, by the name
of "the supervisors of public grounds for the township
of ."
2. The legal title of and in all public parade grounds Titi« of puwic
and public landings within the township, and of all commons f "vesteli in'su-
and other lands not belonging to the county or district at p^"^^'^"™.-
large, but which may be acquired or had for the general
purposes and uses of the inhabitants of such to.wnship, and
of and in .all buildings 'thereon being, and appurtenances
thereto belonging, shall, on their appointment, vest in the
supervisors for the original purposes for which they were
intended.
3. The supervisors may, by direction of the grand jury Leases of, how
and sessions, lease any such lands not required for public to'^ehie™"ent
uses for any period not exceeding seven years ; and they shall iiow applied,
annually render to the sessions an account of monies by
them received for rents, and of expenses connected with
the letting, to be audited by the grand jury and sessions
and then filed in the office of the clerk of the peace ; and
the balance of such rents, after deduction of the expenses,
shall be by the supervisors paid to the overseers of the
poor for the township, or where there shall be more than
one poor district in the township, then such balance shall
be equally divided among the different districts, and paid to
the overseers thereof respectively.
4. Nothing in the preceding sections contained shall Lands and po-o-
extend to any place of divine worship, burial ground, col- ^^theVper^
hge, academy, school, or any land thereto belonging, or any chapter''"^
land belonging to any religious congregation or society, or
shall deprive any person of any right lawfully acquired, or
affect any lands or buildings now vested in trustees.
5. Whenever the supervisors shall deem a road en- Encroachments
IT 1 1 1 ■ n 1 upon roads,
croached upon or encumbered, and m all cases where a how dealt with;
doubt or dispute shall exist as to the true line of a road, or ala^omSute.
as to which side is encroached upon, the supervisors, after ' '
ten days' ngtice in writing to the parties in possession of
the land on both sides of the road where the line is in dis-
pute, or the parties who may have caused the encroach-
ment or incumbrance, of the time and place at which they
will investigate the matter, shall repair to the place where
the encroachment or incumbrance shall be alleged to exist
or the line be in "dispute, and there inquire into the facts,
and, if necessary, may then, or at a future day, have a sur-
vey made of the road, and examine witnesses on oath, to be
administered by a supervisor, touching the matter; and shall,
248
SUPERTISOES PUBLIC GROUNDS.
[PART I.
Fine for dis-
obeying super-
visor's or ses-
sioua' order.
Chap. 68. after completiog the investigation, determine and mark out
the true line of the road, and direct the same to be opened
to the full width of sixty-six feet, or to any less width to
which it may have been confined by its dedication ; and shall,
by order in writing, direct and cause all encroachments or
incumbrances to be removed to such distance as they shall
determine on, but they shall not cause to be removed any
building erected upon the road ; but where a building shall
be found to encroach thereon, they shall report the same to
the next sessions, and the sessions shall make such order in
relation thereto as may be deemed proper.
6. If any person shall not obey the order of the super-
visor or sessions delivered to him in writing, within thirty
days after receiving the same, he shall forfeit twenty shil-
lings; and if the encroachment or incumberance be suffered
to remain for a further space of twenty days after the impo-
sition of the fine, the continuance shall be held a new offence,
and shall subject the party to a further fine of twenty shil-
lings ; and so in like manner shall every further continuance
of the encroachment for twenty days be held a new offence,
and the further fine of twenty shillings be imposed therefor.
7. The supervisors may apportion and order the payment
of the expenses incident to the proceedings hereinbefore
mentioned, among and by such persons as shall appear advi-
sable ; and the same shall be recoverable by the parties
entitled thereto, as if it were a private debt of the like
amount.
8. In any suit under either of the two preceding sec-
tions, the production of a copy of the order of the super-
visors under their hands, or of the order of sessions, under
the hand of the clerk of the peace^ — proof of the hand
writing being in either case given — shall be good evidence
of the order, and shall suffice to establish the claim of the
plaintiff.
9. The supervisors shall make a record of their investi-
gations and order, setting out therein the lines of road by
them established, which record shall be signed by them, and
be returned to the clerk of the peace to be filed in his
office.
10. Any person dissatisfied Avith the order of the super-
visors, or of the sessions, may appeal therefrom to the next
supreme court of the county, where the matters in dispute
shall be tried and determined by the verdict of a jurj', if a
jury" shall be ordered by the court ; and pending the appeal,
no further proceedings shall be had under the order.
11. If judgment, on appeal, shall confirm the order, then
the cost of appeal shall be paid by the appellant, and having
been taxed in the usual manner, shall be recovered by
execution.
12. If the order shall be reversed on appeal, the costs
consequent thereon, as well as the expenses attending the
Expenses haw
borne and re-
covered.
Order of super-
visor, how
proved.
Record to be
signed and Bled,
Appeal from
octler.
Costs of appeal
how paid if or-
der oonfirmed.
When order re
versed, costs
how paid.
TITLE XIX.] SUPERVISORS PUBLIC GROUNDS. 249
making of the order, shall be paid in the first instance by tJHAP. 68.
the supervisors, but shall form a county charge, and be
refunded to them, together with their own reasonable
charges.
13. Where a road shall have been opened and used as a Supervisors
public highway, and the same, although not encroached upon, &? wufo^lng''^'^
has been originally laid off too narrow, or shall have been '^"''*-
made public by use only, and the supervisors shall deem it
proper to widen the same, they shall notify the parties in
possession of the lands on both sides of their intention to
widen the road, and that application foi; that purpose will
be made to the next sessions.
14. The supervisors shall, at the next sessions, submit to Proceedings to
the court their application for widening the road, stating the ^fons.*^ "■' ^'"'
then breadth thereof and the width to which they propose
to open the same ; and, if they shall have made any agree-
ment with the proprietors of the land as to compensation
for land and fencing, shall at the same time submit it ; and
if the court are satisfied of the propriety of widening the
road, and shall approve of the agreement so made, they
sha^l make an order for widening the road, specifying the
breadth to which it shall be extended, and confirm the agree-
ment made — which order shall be final, and the supervisors
shall proceed to widen the road accordingly.
15. In case no agreement shall have been made, or the sessions may
sessions shall not approve of the agreement, but shall be ft^ehoiders to
satisfied of the propriety of widening the road, they shall su^aequent^pro
appoint three- disinterested freeholders, one to be nominated oeedings.
by the supervisors, one to be nominated by the possessors
of the lands, or, on their omission, by the sessions, and the
third to be nominated by the sessions ; and shall issue their
precept to the three freeholders, directing them to lay off and
mark out the road to the width directed, in the way most
conducive to the public good, and least prejudicial to the
proprietors of the lands. And all further proceedings in
reference to the widening of the road, whether upon appeal
or otherwise, shall be had in the manner prescribed by the
sixty-first chapter of this series, in regard to opening new
roads or altering old ones, except that the propriety of
widening the road shall not be inquired into, and the damages
appraised shall form a county charge ; but no fencing shall
be paid for except as directed under the last mentioned
chapter.
16. No road shall be opened under the last three sections width of road.
to a greater extent than sixty-six feet.
17. The provisions of this chapter shall extend to roads ^"t^fg^h^'ter
upon which grants of monies may have been made by the
legislature — -to roads which have been open for the use of
the public for twenty years, and to roads upon which statute
labor may have been performed, except private or pent
roads, whereon the statute labor may have been performed
250 CLOSraG EOADS. [PART I.
Chap. 69. by direction of the sessions, but shall in no case apply to
' roads .which have been abandoned.
CHAPTER 69.
OF CLOSING EOADS.
Old roads may 1. Where a line of road has been altered, and the old
se^ssions^onpeti- Toad has been abandoned by the public as a general thorough-
?Ds" prescribed. ^^^6, any of the proprietors of land adjoining the old road,
may, by petition stating the facts, and the names of all per-
sons interested in the lands on either side of the road, apply
, to the sessions to shut up or otherwise dispose of the same ;
— which petition shall be accompanied by an affidavit that
at least thirty days' previous notice in writing of the appli-
cation has been given to the parties interested, and posted
up in two public places near the road ; and the sessions shall
hear the parties applying, and their witnesses, and also the
parties notified, if they shall desire it, and their witnesses ;
and shall make an order, either dismissing the application,
or granting, or modifying the same. Persons dissatisfied
with the order, may appeal therefrom within ten days, to
the next sitting of the supreme court, and the clerk of the
peace shall thereupon return the proceedings to the supreme
court, who shall examine them, and if deemed advisable,
hear the parties appearing, and their witnesses, and shaU
make order as shall seem right therein. The order of the
sessions, if not appealed from, and the order of the supreme
court in case of appeal, to be conclusive.
Parties who 2. Persons, although not interested in lands adjoining or
^^aiaiiowei ^^^^ ^be road, and their witnesses, may be heard against the
closing or disposing thereof, and may appeal from the order
of sessions.
Where owner of 3. If any land adjoining the road shall have been the
lJ'iead''lho to^ property of a person deceased, and be not divided among
be considered his hoirs, the representatives of the deceased person, and
e propne or. ^^^ guardian of his minor children, if any, and the person
in possession of the land, shall, for the purposes of this
chapter, be considered the proprietors.
title xix.] railed ads. 251
Chap. 70.
CHAPTER ^Q^^^^-^^-^o^-^-'^f"^"
OP EAILEOADS.
Whereas the construction and maintenance of a trunk line Preamble.
of railway from the harbor of Halifax to the frontier of New
Brunswick, with branch lines extending to the harbor of
Pictou and to Victoria Beach, will greatly facilitate the
internal trade of Nova Scotia, — will develope herresources,
enlarge her revenue, and open more frequent and easy com-
munications with the neighbouring provinces and states.
1. The lines of railway to be constructed under the pro- Railways to be
visions of this chapter, shall be public provincial works, and |radel,^°here
shall be made on such grades and in such places as the ™ ^e made,
governor in council shall determine and appoint, as best
adapted to promote the general interests.
2. The line to be first completed shall be that which, go™°iet°|g"gt^
beginning at the harbor of Halifax, and extending therefrom """"^ ^ ^
in a northerly direction, will form a common trunk for all
the lines to be hereafter made under the provisions of this
chapter.
3. After the common trunk shall have been so completed, other lines,
the railways shall be carried on in such direction as shall
be approved of by both houses of the legislature, and shall
be designated by an act of this province, or by resolutions
entered upon their journals, and communicated by address
to the governor.
4. The construction and management of such railways Construction •,
shall be under the charge of three commissioners, to be MmmfsTonCTs.
appointed by the governor in council, and to hold office
during pleasure : one of whom to be so named in the com-
mission, shall be the chairman, and shall have the right of
voting in all cases, with a casting vote, in addition to his
own, where there would otherwise be an equahty of voices :
provided that not more than one of such commissioners
shall at any time hold a seat in each branch of the legislature.
5. The commissioners shall build such railways by tender Lines to be built
and contract, after the plans and specifications therefor shall oJ^fcraetT' ^^^
have been duly advertised ; and they shall accept the tenders
of such contractors as shall appear to them to be possessed
of sufficient skill, experience, and resources, to carry on the
work, or such portions thereof as they may be willing to
contract for. But where the commissioners, in any case,
deem it for the public interest not to accept the lowest
tender that may be made, it shall not be competent for them
to accept a higher tender without the approval of the '
governor in council. And where any tender is higher than
in the judgment of the commissioners, or of the governor in
council, it is prudent to act on, the same shall not be accep-
252 EAILROADS. [PART I, -
Chap. 70. ted ; and in such case the work shall be suspended for a
time, and new tenders advertised for, when the legislature
or the governor in council shall deem it expedient to pro-
ceed.
Contrnots, seou 6. The contracts to be so entered into shall be guarded
formanoe o^"' by such securities, and contain such provisions for retaining
a proportion of the contract monies, to be held as a reserve
fund for such periods of time, and on such conditions, as
may appear to be necessary for the protection of the public,
and securing a due performance of the contracts.
Chief ongineer, 7. The governor in council shall appoint a chief engineer,
aaddutiesof. to hold.ofSce, during pleasure, who, under the instructions
he may receive from the commissioners, shall have the
general superintendance of the works to be constructed
under this chapter, and whose duty it shall be to measure
the work done, and for which payment shall be claimed, —
to report upon the lines to be selected — the permanence of
the works to be designed or executed- — the strength of the
rails — the sufficiency of plant and rolling stock, — and the
faithful fulfilment of the contracts which may be entered
into.
Payments to 8. No mouey shall be paid to any contractor until the
ooutraotors. chief engineer shall have certified that the work for or on
account of which the same shall be claimed, has been duly
and faithfully executed, nor until sxich certificate shall have
been approved of by the commissioners.
Contractors 9. No member of the legislature shall hold, or be appoint-
tobe°Sembe''r3' ed to any officc of emolument under the commissioners, or
rf Hie leguia- jjg ^ contractor, or party to any contract, arising out of the
construction, management, or working of the road, or any
part thereof.
No government 10. No pcrsou holding a placc in the provincial govern-
ber"to beTe'cuI ment, or a seat in the legislature, shall hereafter become
oontraote*'^™^ Security, or be answerable for the performance of any con-
tract with the railway commissioners, or of any work or
engagement in relation to the railway.
Lands required 11. The Commissioners or contractors are authorized to
for lines and , j.i -^in • t n
termini. enter upon and take possession of any lands required for
the track of the railways, or for stations, and they shall lay
off the same by metes and bounds, and record a description
and plan thereof in the registry of deeds for the county in
which the lands are situate, and the same shall operate as a
dedication to the public of such lands ; the lands so taken
shall not be less than four rods nor more than six rods in
breadth for the track, exclusive of slopes of excavations
and of embankments, except where it may be deemed advi-
sable to alter the line or level of any public or private
carriage road, or divert any stream or river, in which case
it shall be competent for the commissioners to take such
further quantity as may be found necessary for such pur-
poses ; also, at each station a sufficient extent for depot
TITLE XIX.] EAILROADS. 253
and other station purposes ; provided always, that, except- Chap. 70.
ing at the termini or junction of the railways, the quantity ' '
BO appropriated shall not exceed five acres.
12. The commissioners or contractors may enter with Powers of com-
workmen, carts, carriages, and horses, upon any lands, and deposit'sou!"
deposit thereon soil, earth, gravel, trees, bushes, logs, poles,
brushwood, or other material found on the line of railway
or works connected therewith, or for the purpose of dig-
ging up, quarrying and carrying away earth, stones, gravel,
or other material, and cutting down and carrying away trees,
bushes, logs, poles and brushwood therefrom, for the
making of such railway. Before entering for the purposes Commiasionors,
mentioned in this section, the commissioners or contractors, pos'sSrs^of*
or the other persons acting under them, or either of them, ^^^ 1*°^ 'Ke-
shan notify the proprietors or possessors of the lands,
and shall carry out such purposes with as little injury as
possible consistently with those objects.
13. It shall be lawful for the commissioners to make or CongtruoHon of
construct in, upon, across, under, or over any lands, streets, &o*foTef'iand3,
hills, vallies, roads, railroads or tramroads, canals, rivers, *"■
brooks, streams, lakes, or other waters, such temporary or
permanent inclined planes, embankments, cuttings, aque-
ducts, bridges, roads, ways, passages, conduits, drains,
piers, arches, or other works, as they may think proper.
14. They may alter the course of any river, canal, brook. Alteration of
stream, or water-course, and divert or alter, as well tem- streams, "io.
porarily as permanently, the course of any such rivers,
streams of water, roads, streets or ways, or raise or sink
the level of the same, in order to carry them over or under,
on the level of, or by the side of, the railway, as they may
think proper.
15. They shall have power to make conduits or drains Drains, &o. con-
into, through, or under any lands adjoining the railway, for or^fr^lTrau.'*'
the purpose of conveying water from or to the railway. ™y^-
16. It shall be lawful for them, from time to time, to do General power
all other lawful acts necessary for making, maintaining, making, aiter-
altering, or repairing and using the railway. ™f' 'bp"!""",
17. In all cases under the twelfth section for entries vaine of mate-
upon lands and materials taken whether before or after the Sned."^"'^"'''"
passing of this chapter, the recompense for the injury to
the land, the value of the earth, stones, and gravel, and the
trees, timber, brush, and other materials, dug, cut down, or
taken away for railway purposes, and for other damages to
the proprietors or possessors, shall be referred to the deter-
mination of three arbitrators, one to be chosen by the pro- Appraisement
prietor or possessor, one }^ the commissioners or contrac- ofarbitrators.
tors, or persons acting under them, or either of them, and
th& third on the part of the county, by some justice of the
peace residing as near the premises as can conveniently be
obtained to act, and not interested in any question of da-
mages ; and in case of the absence or neglect, after duo
254
EAILEOADS.
[PART I.
Chap. 70.
Award.
Arbitrator's
fees.
Damages, &c.,
bow paid.
Appeal.
Damages how
recovered.
Damages
ctaargeaDle on
county.
Persons other
than contract-
ors, &c., must
furnish owner
with a written
authority.
Persons author-
izing or acting
may oe held lia-
ble:
Fruit and orna-
mental trees ex-
cepted.
Monies paid for
lands to form a
county charge,
— how to be as-
sessed.
Worlcing of
lines.
notice, of either party, the arbitrator on that part shall be
named by some justice of the peace, disintere.sted as afore-
said, residing as near the premises as conveniently can be
obtained. Two of the said arbitrators may make an award,
and the award shall be in writing, signed by the arbitrators
making it. The arbitrators shall be entitled to a fee of five
shillings, which shall be added to the damages and paid in
the first instance by the commissioners, contractors, or per-
sons acting under them.
18. The damages awarded shall be paid within one month
with interest thereafter, by the commissioners or contrac-
tors, or other part}'', acting under them, as aforesaid, as the
case may be. Either party, including the arbitrator
appointed on behalf of the county, or any justice of the
peace on behalf of the county, may appeal to the supreme
court according to the provisions of section fifty-one.
19. If appeal shall not be asserted in twenty days after
the award, the sum awarded may be sued for and recovered
as debts of like amount are now by law recoverable.
20. The damages paid under the three last sections shall
be chargeable on the county where the property lies, and
shall be assessed, levied, collected, and paid to the commis-
sioners or contractors pursuant to the provisions of this
chapter.
21. Before any party other than the commissioners and
contractors immediately under them shall be at liberty to
enter upon private lands under the twelfth section, they
shall be obliged to furnish the owner or possessor thereof,
or leave at his residence, a written authority from such com-
missioners or contractors authorizing such entry ; and
thenceforth the owner shall, at his option, be entitled to
consider any act to be done, and any liability to be incurred
by the party so authorized as the act of the party himself,
or of the person or persons whose authority is so given.
22. Nothing contained in this chapter, shall authorize
the commissioners or contractors to cut down and carry
away any fruit trees, or trees planted or preserved for
ornament.
23. The monies payable for such lands and fencing shall
form a county charge ; biit in the apportionment of the
assessment the sessions shall have respect to the relative
benefits derived from the railway by the several sections of
the county, and shall apportion the assessment accord-
ingly.
24. Whenever the railways, or any portions of them, shall
be completed, it shall be lawful for the governor in council,
to make such arrangements as may be suitable for working
the railways as one line by' a common management, or for
working the trunk line and branches by separate commis-
sioners ; such arrangements to be submitted to both branches
of the legislature at the session then next ensuing.
TITLE XIX. EAILEOADS. 255
25. The governor in council shall have power to inspect Chap. 70.
all contracts and proceedings of the commissioners, to ex- inspection of
amine their accounts at all times, and to suspend the pro- »rooeeciinga of
gross of the work, until the next session of the legislature. '»>°'°'i««"'"<'"-
26. The governor in council shall, in the first instance, salaries of ofa-
fix the rate of salary or compensation for the chairman, and ''*'^^"
the other commissioners, and the chief engineer, and shall
approve of all other salaries to be awarded by the commis-
sioners, subject, in all cases, to the revision and confirma-
tion of the legislature, at its first session thereafter.
27. The commissioners shall draw on the receiver gene- Yearly expen-
ral, in such form as may be directed by the governor in to £200,000'°
council, for all monies that may be required for the purposes
of this chapter, but shall not expend a larger sum, nor incur
liabilities to a larger extent, in any one year, than two hun-
dred thousand pounds.
28. The commissioners shall furnish quarterly accounts Aooounts of
of all such expenditures and liabilities, which shall be — Srof."^"
examined and checked by the financial secretary, and pre-
sented to the general assembly in every year within the first
ten days of each session, to be examined and audited by a
joint committee of the legislative council and house of
assembly, in the same manner as other public accounts.
29. The commissioners are authorized to make regula- Board to make
tions from time to time for the safe construction and working gafding°ooV°'
of the railways under their charge, — for the transmission of «''^"<'''°"' *"•
goods and passengers thereon — for their care and manage-
ment, and that of the plant and equipment used thereon —
for the protection of the wharves, bridges, culverts, cross-
ings, stations, buildings, and depots, erected or to be erected,
and all other the property in the possession and under the
control of the board in their public capacity — and in such
regulations to affix fines, penalties and punishments for the
breach thereof: provided always, that such regulations be- Proviso,
fore going into operation, shall be first sanctioned by the
governor in council.
30. The governor in council shall have power, by order Governor may
for that purpose made, to except from drill, training, or other woritingonraii-
militia service, all persons engaged in the actual construe- wa^duty? ""^'"
tion of railways in the province. •
31. The governor, by and with the advice of the execu- ze*d°no""to'^ex.
tive council, may contract a loan on the pledge of the ""^^ £200,000 in
revenues of this province, whether arising from the duties
upon imports, the sale of crown lands, the royalty paid by
miners, or the tolls to be collected on the railways con-
structed with the monies to be borrowed under this chap-
ter ; provided that the whole sum to be borrowed shall not
exceed two hundred thousand pounds currency, in any one
year.
32. Certificates of debt to be called debentures, bearing Debentures i
. . , , . , ,, . .1' ° issue of, autho-
mterest at six per cent., or at a less rate, as the. governor nzed.
256 EAILBOADS. [PAET I.
Chap. 70. in council may see fit, may be issued from time to time,, at
par, or at such premium as the same may command, as the
^ railways proceed ; and the governor in council shall deter-
mine at what periods of time, in what amounts, and on what
conditions such certificates shall be issued.
Form of deben- 33. The debentures shall be in the form to be hereafter
issumg"mount directed by the governor in council, with coupons annexed
of, interest, &e. thereto ; they shall be signed by the governor, and verified
by his seal of oiEce, and also countersigned by the receiver
general ; they shall be numbered consecutively, commencing
with number one, and shall be issued in such sums, not less
than one hundred pounds sterling, as may be deemed expe-
dient ; the interest thereon shall be paid half yearly, at
such place as shall be mentioned therein ; and the principal
of such debentures shall be paid in full, at the expiration of
twenty years from- the date of their respective issues to the
then holders thereof
Prooeede of 34. The whole of the revenues to arise from the receipt
toappUed.'" of toUs on such railways shall, after the expenses of working
and maintenance have been paid, be applied towards the
payment of interest on the debentures, and the surplus
shall form a surplus fund for the redemption of the loan.
Pledge for re- 35, Subjcct to the payment of any previously existing
beZres""^''^ provincial liability, and of the civil list, the faith and credit
of the province, and the ordinary revenues thereof, and the
amount of proceeds of any special impost which may here-
after be levied and collected for the purpose of paying off
.all such railway debentures, and the interest thereon, shall
be and hereby are declared pledged to any and every holder
of the same.
Monies raised 36. The principal sums to be raised and borrowed shall
J^ivl/graerafj be received from time to time as the same may be raised,
application of. ^yy ^jjg receiver general, who shall, upon the warrants of the
governor, pay out of the same such sums as may from
time to time be required for defraying the charges made
payable out of the same by this chapter, and who shall a,lso,
upon the warrants of the governor, pay the dividends and
interest upon the sums so raised and borrowed as the same
shall become due ; and such fund shall be paid and managed
in such manner for the redemption and liquidation of the
principal sums as the governor in council shall from time to
time direct and appoint, subject however to the provisions
Management of of this chapter. And it is hereby declared, that the parlia-
'^"'"'' ment of this province will confirm and carry out by such
legislative enactments, if any, as may be necessary to give
full effect to the same, any arrangement or agreement not
inconsistent with the spirit of this chapter, which may be
« made or authorized by the governor in council with regard
to the raising and borrowing of the sums aforesaid.
RMoiTergene- 37. The receiver general shall quarterly transmit to the
audlt^of, &o. governor, for the purpose of being audited by the financial
TITLE XIX.] RAILK0AD3. 257
secretary, and laid before the two houses of the legislature, Chap. 70.
a correct and detailed statement and accouiit of the sums
raised under the authority of this chapter, and of the deben-
tures and other securities which shall have been issued, and
of the interest and dividends paid thereon, and of the
redemption of the whole or any part of the principal sum,
and of the expenses attending the negociation, management,
payment, and redemption of the loan.
38. The city of Halifax shall be considered as holding city of Haiinix
stock in such railways to the extent of one-tenth part of 'f stock ^Umu-
the actual expenditures thereon, — such tenth part not to «^*<'*i''o>°'"''
exceed in the whole, the sum of one hundred thousand
pounds — and shall be entitled to participate in the profits of
the railways in prciportion to the amount of such stock ;
and shall be assessed annually for the amount of interest
thereon, at the same rate of interest at which the loan is
obtained, and also for a proportionate amount of such sums
as may be chargeable against the general revenues of this
-province for the redemption of the loan ; such annual sums Assessment.
to be assessed and levied as the legislature may hereafter
direct, and to be paid into the hands of the receiver general,
to form a part of the general revenues of this province ;
and to continue to be so annually assessed, levied, and paid
in, until the loan, under this chapter, shall become extin-
guished under the provisions thereof.
39. In case a less sum than two hundred thousand pounds Deficiency of
be borrowed in any one year, the deficiency may be added inme'yearad-
to- the sum to be borrowed in the next or any succeeding dedtonext.
year, provided that the sums to be borrowed shall not
exceed the rate of two hundred thousand pounds per annum.
40. Such debentures may he made payable in currency how payable,
or^ sterling monies, and in such sums as from time to time
•may be deemed most expedient by the governor in council.
41. All the provisions of this chapter, except in so far Provisions to
1 7 1 T011 ,1. Ill- im extend to de-
as they are altered or modined by the two last sections shall bentures.
extend to such debentures.
42. The debentures that have heretofore been or may Debentures
hereafter be issued under the thirty-third section, shall be the'soTernOT's
and are hereby declared to be valid and binding, although ^'"'^■
the same have not heretofore been and may not hereafter be
verified by the governor's seal of ofiice, as therein required.
43. On the first Tuesday of June in every year, or at jury-how
such other time and times as shall be fixed by a judge of the '''■'"'"•
supreme court, between the hours of ten o'clock in the
forenoon and twelve o'clock at noon, the prothonotary of
every county in which a railway is being constructed shall
in his oflBce, in the presence of the clerk of the peace, who
is hereby required to be present, and in the presence of any
other persons who may desire to attend, draw from the
grand jury box the names of twenty-eight persons then
resident within the county liable and able to serve as grand
258 RAILROADS. [PART I.
Chap. 70. jurors for the then current year, in the same manner as
special jurors are now drawn ; a notice of such time to be
posted up by the clerk of the peace in at least three of the
most public places near where such railroad damages have
been sustained, at least ten days before the drawing of such
jiiry.
striking of 44. The clerk of the peace on the one- side, and the
^""^^^ claimants for damages on the other, shall reduce such list
to fourteen by each striking off a name alternately as special
jurors are struck,
wiieresame 45. Where the same persons shall fill the office of pro-
offiTOTofprotSi- thonotary and clerk of the peace, and no person shall have
ci°erk^of peace. ^®^^ appointed for the purpose by a general or special
sessions who are hereby authorized to make such appoint-
ment, the custos shall attend and act on behalf of the county
instead of the clerk of the peace ; and in the absence of the
custos, or in case the clerk of the peace and custos, or
either of them, be claimants for damages, and no person be
appointed by the sessions, as before mentioned, or if the
person appointed do not attend, then any disinterested
magistrate may act for the county.
Lists to be far- 46. The board of railway commissioners shall, previously
way "commit' ' to the Striking of the jury, furnish the prothonotary with a
8 loners.
list of the names of the several claimants for damages
through whose lands the railway passes, according to the
engineer's return to the board, together with the quantities
of land in each case dedicated to the public, and also with a
list of the names of those who shall have sustained damages
by reason of the railway having deprived them of access to
their property, whether on land or water, or having destroyed
or impaired any use, easement, or privilege which they had
enjoyed in relation thereto: and such commissioners shall
also furnish the prothonotary with plans distinctly exhibiting
the premises of the claimants, with the line of the railway as it
Regulations re- affects the Same respectively. If the parties present, who are
stHkS|*of tiie interested as claimants, agree upon any person to strike for
J"'-* ■ them, the prothonotary shall minute the fact in writing, and
such person shall act in that behalf. If the claimants cannot
agree upon any person, or if no claimants attend, or if no
one attend to strike on behalf of the county, the prothono-
tary shall strike for the absent party in the same way as
special jurors are struck. If no qualified person appear to
strike on either side, the first fourteen names drawn shall
be the jury to be summoned.
Venire. 47. The prothonotary shall thereupon forthwith issue and
deliver to the sheriff a venire as in schedule A, directing the
sheriff to summon such jury to appear at a time and place
to be therein named, not more than sixteen days distant.
And the sheriff shall duly warn such jurors, and both he and
the prothonotary shall attend on the return day of suck
venire.
TITLE XI5.] EAILHOADS. 259
48. The first seven jurors who shall answer iipon being Chap. 70.
drawn and called as petit jurors are drawn and called, shall Proceedings of
be sworn by the prothonotary according to the form of oath J^^y. duties, &c.
in schedule B ; and a panel of their names shall be prepared
by the prothonotary, and by him attached to the venire,
and he shall hand such venire to the sheriif, who shall, with
such jury, proceed to the execution of their duty forthwith,
or on a day to be then named, and whereof the jury shall
be duly notified ; and if the number of such jurors at
any time be reduced by death, inability from illness, or
other cause, or through neglect or refusal, the remaining
jurors shall proceed as if no such reduction had taken
place, provided the whole number be not reduced below
five. The jury shall examine the premises in each case,
and shall value the land taken and dedicated for the rail-
way, and shall estimate the damages to the property, and
investigate each separate claim for damages according to
the circumstances, and form their judgment of such damages,
as well prospective as present, including loss for delay of
payment ; and also shall consider the relative benefit as well
as injury done to the property by the construction of the
railway; and the jury, or in case of disagreement after Disagreement,
four hours deliberation, a majority, whether of the full or
reduced jury, shall make an appraisement in writing, signed
by such jurors, setting forth the amount of damages awarded
to each claimant, and particularizing the nature and grounds
of such damage, and the property or right in respect of
which they accrued ; and the sheriff shall within thirty Returns of she-
days next after the swearing in of the jury file the venire "^'
and panel with the appraisement and his return with the clerk
of the peace. If the jurors be reduced below five before the Proceedings if
appraisements are completed, the appraisements duly made Sw fiv"!*'^
previously thereto, shall be returned to the clerk of the
peace, and the sheriif shall forthwith summon so many of
the jurors drawn and struck, but not at first sworn, as shall
be required to fill up such jury to the requisite number ;
and such replenished jury, or a majority of them, or in case
of their reduction to a number not less than five by the
causes hereinbefore mentioned, a majority of such reduced
jury shall proceed to make the remaining appraisements ;
and the sheriff shall have power to adjourn or re-summon
the jury from time to time, as occasion may require.
• 49. For the purpose of securing a fair and impartial jury to have ac-
appraisement, the sheriff and jury shall have free access to pians"^^^^®''*'
all public offices, and to the papers, plans, and returns
therein; and the railway commissioners, engineers, and
officers, if required by either party, and any other persons,
if subpoenaed, shall attend and give evidence as witnesses,
under oath, if required by any party interested, and shall
also produce all plans, papers and documents under their
control touching the matters at issue.
17
260
KAILEOADS.
[PAET I.
Chap. 70.
Fees.
Forfeit for de-
Ikult of jury.
Appeal to su-
preme court —
proceedings in.
50. The prothonotary and clerk of the peace, or person
acting for the county, shall be entitled to a fee of twenty
shillings each for their services ; the sheriff shall be entitled
to twenty shillings per day ; and the jurors sworn shall be
entitled each to the sum of fifteen shillings for every day's
actual attendance, in full payment for their services ; the
jurors not sworn, but who were summoned and attended,
shall be entitled to five shillings for such attendance, and ,to
travelling fees as now allowed to petit jurors ; and the
sheriff shall be entitled to a further sum of twenty shillings
for warning such jury ; which fees shall be assessed, levied
and collected, and paid, as ordinary county charges. Every
person summoned as a juror and making default in the per-
foi-mance of any of the duties required of him shall forfeit
the sum of twenty pounds for each default, to be immedi-
ately levied under a warrant from the prothonotary, directed
to the sheriff.
51. Within thirty days after the return of any appraise-
ment, th,e custos or clerk of the peace, on behalf of the
county, or any party interested who may deem himself ag-
grieved, may apply by affidavit to the supreme court, or a
judge thereof, for a summons and order to set the proceed-
ings aside, in whole or in part, or to alter the valuation,
which summons shall be served upon the opposite party in
the manner specified therein ; but such proceedings shall
not be set aside upon anymore technical objection; and the
court or a judge shall have power, upon satisfactory proof
adduced by affidavit or viva voce examination of the parties
and those interested, to confirm, increase, or reduce the
damages, or otherwise rectify the finding of the jury, in
substance or form; or, if such court or judge shall see fit,
a jury shall be empannelled to try the disputed matters of
fact with reference to such damages ; and in case the dam-
ages complained of shall either be reduced in case of pro-
ceedings by the county, or increased in case of proceedings
by a claimant, to the extent of one-sixth, costs shall be re-
covered by the county or party applying, but not otherwise;
and the county shall pay the cost of such proceedings, if
the damages be not so reduced, to be added to the damages,
and the party shall pay the cost of such proceedings if the
damages be not so increased, to be deducted from the
amount of his claim for damages ; the court or judge shall
make a final order touching the damages and costs, of which
a certified copy shall forthwith be transmitted by the pro-
thonotary to the clerk of the peace, and by which the court
of sessions shall be governed in the amount of damages and
Jury urdcr this costs to be assessod and collected. The jury contemplated
section. under this section, is and shall be the ordinary petit jury of
the supreme court, or a special jury when specially ordered ;
Xriai. and the trials shall take place before the court or at sittings
in the ordinary manner of trials. Damages under .appraise-
TITLE XIX.] RAILROABS. 261
ments against which no appeal has been asserted, or which Chap. 70.
have been determined after appeal, shall be assessed, col- Haiiwaj dama-
lected, levied, raised, and paid as soon as possible, and with- |?ai"ements?o
out any needless delay, or on any pretence whatever. lecteTami'paid"
52. The amount appraised upon each county shall be Payment of
payable in two years by equal annual instalments, the first ^T^^^. '^^'
instalment to be paid in one year after such appraisement,
with interest at six per cent, per annum for any delay after
that period, and the other instalment to be paid in the ensu-
ing year, with like interest for delay of payment.
53. After the expiration of the notice required by the Certificate of
sixty-second section, the custos of the county shall deliver *pp™""^^°'-
to each party in the form in schedule C, a certificate show-
ing the amount to which such party is entitled under such
appraisement ; and such certificate shall be signed by the
custos and countersigned by the clerk of the peace, and
shall be payable to order, and be transferable by endorse-
ment, and shall authorize the party entitled to receive the
amount of such appraisement, together with interest for any
delay of payment after the instalment becomes due, when
the same becomes payable, and which shall be a charge
upon the county for all the monies payable thereunder until
fully discharged.
54. The damages appraised and established under this Damages— how
chapter, and costs where costs shall be payable, shall be anScoiSed.
apportioned by the sessions without any delay amongst the
townships, districts and places in each county and district,
in proportion to the relative benefits which, in the opinion
of the court^ are likely to be derived by the several sections
from the railway ; and the proportion of each township, dis-
trict and place shall be assessed upon their inhabitants, and
shall be levied, collected and paid over, upon the same prin-
ciple as county rates are or shall be by law levied, collected
and paid over ; provided that every tenant of real estate for
any term less than freehold, who shall pay rate under this
chapter shall be entitled to deduct from the rent payable by
him to his landlord, or otherwise to recover from the owner
of the estate so much of the rate paid by him as was imposed
upon him in respect of such real estate.
55. If the sessions shall neglect or delay to make any in ease sessions
such apportionment, or to cause any of the monies to be appm-tionmentt
assessed, collected and paid over, which according to this ^^y amerce.'*'
chapter they ought to cause to be assessed, collected and
paid over, it shall be lawful for the supreme court, or a judge,
upon application by any party interested, forthwith to
amerce the county for the amounts for which the sessions
ought to have made apportionment, as aforesaid, together
' with the costs of proceeding before the supreme court or
a judge ; such amercement to be apportioned and assessed
by the court or a judge upon the township, district, and
place in each county on the principle pointed out in the
262
3JAILROA0S.
[FAET I,
Chap. 70.
Amercement —
Iiow collected.
Assessors, col-
lectors, iS;o.,
mu9t carry out
provisions of
ihi» chapter.
Ccmpensation
to collectors,
&c.
Snm assessed to
lie paid to recei-
ver general.
In case amount
fails to meet
claim.
Compensation
or appraiser
or county of
ilalifas.
Parties entitled
0 benefit of act.
preceding section, and the court or judge may receive evi-
dence thereon, by affidavit or otherwise, and the stims
amerced shall be levied, collected and paid over, in a man-
ner analogous to that in which comaty rates are levied, col-
lected, and paid over,
56. The prothonotary shall fnrnish the clerk of the
peace with a copy of snch amercement and apportionment
forthwith after the same shall be made by the court or
judge ; and the clerk of the peace, within fifteen days after
the receipt thereof, shall make ontand deliver to the collec-
tors the necessary rolls and instructions, and the collectors
for each township, district and place, shall therenpon pro-
ceed to collect the amount of such amercement. The clerks
of the peace, assessors, collectors, county treasurers, and
all other officers whose agency now is or by any law might
be required to carry out the assessment, collection and pay-
ment of connty rates, are hereby required and shall he
bonnd to carry ont the provisions of this chapter according
to its trne intent; and in case of neglect or violation of dnty
shall be liable to the like penalties as are now or as may be
hereafter by law imposed for neglect or violation of analo-
gous dnties, touching the assessment, collection, and pay-
ment of connty rates, and also to an action for damages at
the suit of any party aggrieved.
57. All officers employed under the sessions, supreme
court, or a judge, in assessing, collecting and levying, shall
be compensated for their services under this chapter, at
such rate as the sessions shall award ; and such compen-
sation shall be a county charge.
58. The treasurers of the counties shall forthwith pay
over all monies received by them under this chapter, to the
receiver general, who shall pay to the parties respectively
the amounts to which they are legally entitled ; and if the
sums paid in shall not meet the claims in full, the sessions
shall assess and cause to be collected and paid to the
receiver general the deficiency ; and in their default, the
supreme court or a judge shall amerce for the same, and
cause it to be collected and paid in agreeably to the several
provisions of this chapter applicable to assessments by the
sessions, and amercements by the supreme court, or a judge.
59. The sessions of the county of Halifax may assess
the county for such sum as they consider sufficient to com-
pensate the appraiser appointed by them on behalf of the
county, under the seventeenth .section of chapter one of
the acts of 1854, for his services in that capacity; and all
appraisements heretofore duly made in pursuance thereof,
shall remain in force.
60. Parties, for whose lands, taken for the railway,
appraisements have been made and set aside, shall be entitled
to the benefit of this chapter; and the damages sustained by
Messieurs Piers shall be appraised, assessed, collected, and
TITLE XIX.] RAILEOABS. 263
paid to the receiver general, who in settling with them shall Chap. 70.
deduct therefrom the amount paid to them oxit of the trea-
sury in anticipation of their claim.
61. No proceeding had or taken under any of the Amendmentof
clauses of this chapter shall be set aside on any formal or P'^«eee'^'»ss.
technical ground, or in consequence of such proceedings
not being in accordance with the strict letter of this chapter ;
but such proceedings may be commenced anew, renewed
or amended in any stage thereof on application to the
supreme court, or a judge; and when so commenced, renew-
ed, or amended, shall be as legal, valid, and binding on all
parties concerned as if no such formal or technical objection
had existed thereto, or as if no such new or amended pro-
ceedings had been had.
62. No monies assessed or collected under this chapter, Notice of
with the exception of the suras assessed in favor of Thomas ™.o"?t an^ d^
Kenny and William Davey, and confirmed by the supreme to Be adverti-
court, shall be paid over until after notice specifying the ^"^
amount and describing the land in respect of which the
same is assessed, shall have been published for sixty days
in the county newspaper, if there be one, and also in the
royal gazette ; which advertisement shall be made by the
clerk of the peace immediately after the return of the
appraisement by the sheriff, and shall be paid for as a county
charge. If, within such period, objection founded on aiR- jnoaseofobjecr
davit to be filed in the office of the clerk of the peace, be *'»» ^^<^^
made by or on behalf of any person claiming to be entitled,
other than the absolute owner in his own right, in fee simple
in possession, and under no legal disability, payment of the
sum assessed and collected, and respecting which such
objection shall have been stated, shall not be made without
the order of the supreme court or a judge, which court or
judge shall have power to make such an order respecting
the pajment or the deposit or investment thereo:^ or the
pajj^ment of interest accruing thereon, as to such court or
judge may seem equitable and just.
63. The appraisements made under the authority of the ^p^™ ur™f°'
act of 1^54, in favor of Thomas Kenny and William Davey, Keuny and Da-
and which have been confirmed by the supreme court, toj/e- ieoted,&e.""''
ther with the interest thereon from the time their huK Is
were taken possession of for the railway up to the time of
actual payment, and costs payable under the order of thf
court granted on the first day of December, 1856, on the
application of those parties respectively, shall be levied,
collected, and paid to the county treasurer as in the case of
county assessments under the existing law or any law in
amendment thereof; and for that purpose the clerk of the
peace shall make out and deliver to the collectors or proper
officers the necessary rolls, instructions, and papers, and the
collectors and proper officers shall forthwith make collection
and payment to the countj" treasurer, who shall immediately
264 EAILROAI>S. [PABT X.
Chap. 70. ' pay over tbe amount received by him to tbe receiver
" genera], by whom the snms due and payable to the said
Thomas Kenny and William Davey, for principal, interest
and costs, shall be paid to them respectively.
Cost of feneing. 64. The cost of fencing necessary in the construction
of the railway shall be levied from the respective counties
within which the railway is or should be constructed, at the
rate of fifty pounds per mile of railway within each county ;
and shall be apportioned by the sessions subject to amerce-
ment by the supreme court, and shall be collected and paid
over to the receiver general in the manner directed by this
chapter in the case of railway damages. No county wherein
this chapter shall be carried out bona fid& shall be required
to assess in any one year for damages to lands and costs of
fencing. The costs of fencing shall be payable in two
years, one half in each year, and the first half thereof shall
be imposed and collected in the year next following that in
which the last instalment for land damages shall have been
imposed, or in which the same under the provisions of this
chapter, should have been imposed.
Amount advan- 65. Out of the sum assessed to pay the amount of
board'to'^Messm damages at the African settlement, there shall be repaid the
paidl'"''"*'*" amount advanced by the railway board for the purchase of
land from Messieurs Drillio.
Bonds from 66. The court of sessions shall require the treasurers
reasureig, e. ^^^ collectors to give sufficient bonds in the name of her
majesty, conditioned for the faithful discharge of their
duties.
Bells or whistle 67. The proprietor of any railroad whereon any locomo-
engines r^fhen tive engine shall be run, shall cause a suitable bell or steam
Bounded""" °^ whistle to be kept on every engine while running, and which
shall be rung or blown at the distance of at least eighty rod»
from every place where the rail crosses any other road
upon the same level with the rail, and shall be kept ringing
or sounding until the engine has crossed.
Painted boards 68. The proprietor of every such railroad shall cause
at cjrossings. i^oards to be placed, well supported by posts and constantly
maintained, across every road at every place where crossed
by the rail on the same level ; such boards and posts to be
of a height to be easily seen by travellers without impeding
the travelling; and on each side of the boards shall be
painted, in capital letters at least nine inches high, the
following inscription, to be kept always plainly legible :
" railroad crossing, — ^look out for the engine."
Gates and keep- 69. Upon application to the sessions, setting forth that
may be OTde?!! ii^ addition to the foregoing provisions it is necessary for
by sessions. the security of the public that gates should be placed across
any such railroad where the same shall cross any road on
the same level therewith, and that persons should be station-
ed at such gates to open and close the same %hen required
for the passing of the- engine, the sessions sliall iavestigate
TITLE XIX.] EAILKOADS. 265
the application and hear evidence thereon, and if they shall Chap. 70.
be of opinion that the placing of such gates and the station-
ing of such persons thereat is necessary for the security of
the public, shall make an order accordingly, with which
order the proprietor shall comply ; but no such order shall
be made unless a summons, to be issued by the clerk of the
peace, setting forth the nature of the application, shall be
served on the manager or person having charge of the rail-
road, or some known agent of the proprietor thereof,
actually employed in and about the railroad, at least four-
teen days before the first day of the sitting of the sessions
at which the investigation shall take place, requiring cause
to be shewn against such application.
70. If any proprietor shall violate any of the provisions Fine for viola
of the three preceding sections, he shall, for every offence, ^^g "ecSons!"
forfeit a sum not exceeding fifty pounds.
71. If any person shall maliciously obstruct the passing Fine for ob-
of any engine or carriage along any railroad, or shall mali- JoaS.""^ ™'
ciously place any thing on such railroad calculated to
obstruct the passing of any engine or carriage, or to injure
or endanger the same, or shall' maliciously injure such rail-
road or any thing thereto appertaining, or any materials or
implements for the construction or use thereof, such person,
and also every person abetting the offence shall forfeit a
sum not exceeding fifty pounds.
72. If any person, after any such railroad shall be opened Fin« «>' going
• • . upon orioSiQinir
for use, shall himself go thereon, or shall ride, drive, or lead animals on, rail-
any animal thereon without the consent of the proprietor, ™*^'
he shall for every offence forfeit twenty shillings ; but
nothing in this section shall prevent the passing across the
railroad where the same is crossed by any other road on "a
level therewith.
73. If any animal shall be found going at large within Fine for eatoe
the hmits of any such railroad after the same is opened for raiiroad°fmii.^
use, the person through whose neglect the same shall occur
shall for every offence forfeit five shillings ; provided the
railroad shall have on the sides thereof where it shall not
cross some other road on the same level, a lawful fence.
74. If any person convicted under any of the three imprisonment
preceding sections shall not pay the judgment, and no goods to'satlsf/anet
can be found whereon to levy, he may be imprisoned for a
term not exceeding one day for every five shillings of the
amount of the judgment ; such term in no case to exceed
three months.
75. In order more effectually to prevent breaches of the Special consta
« . 1 i- ii 1 • • 1 bles, how ap-
toregoing regulations, the general sessions or any special pointed ; tiieir
sessions, not interested in the railroader connected there- '""*=°'^"*'^'^'''''
with, may appoint and swear in constables for such railroad,
to be nominated by the proprietor ; and such constables
shall be stationed at such places as may be deemed neces-
sary, at the expense of the proprietor, and shall carry such
266 EAILEOADS. [PART I.
Chap. 70. distinguisbing badge when on duty as the general or special
sessions shall direct, and shall have all the powers of con-
stables in preventing such breaches, and for apprehending
oifenders and taking them before justices of the peace, and
for preserving public peace and order on and within the
limits of the railroad.
Definition of 76. The word " proprietor," when used in this chapter,
terms. gj^^jj JQ^^^g }jjg agents and servants ; and the word " road"
shall include streets, lanes, and highways.
Obstruction of 77. If any person shall wilfully obstruct any person act-
raliroad— p". ing under the authority of the commissioners in the lawful
naity for, &o. exercise of their power in setting out the line of the rail-
way, or shall pull up or remove any poles, pegs, or stakes,
driven into the ground for the purpose of so setting out the
line of the railway, or shall deface or destroy any pegs or
marks put down or made for the same purpose, or shall
wilfully obstruct any of the contractors or their servants
or workmen, while employed in the construction of the rail-
way, he shall forfeit a sum not exceeding five pounds for
every siich offence.
Obstruction to 78. If any person shall wilfully obstruct the passing ol
fajur'ies'to'raii- ^iiy engine Or Carriage along the railroad, or shall malici-
road— punish- ously placc anything on the railroad calculated to obstruct
the passage of any engine or carriage, or to injure or en-
danger the same, or shall maliciously injure the railroad, or
any thing thereto appertaining, or any materials or imple-
ments for the construction or uge thereof, or any of the pro-
perty in the possession or under the control of the com-
missioners as such, he shall be guilty of felony, and be
imprisoned in the penitentiary for a term not exceeding four-
teen years.
Impeding offi- 79. If any pcrsou shall wilfully obstruct or impede any
tion of duty"^ officer. Servant, or agent of the commissioners, in the execu-
'"-■'i'"^^' **■ tion of his duties upon the railway, or upon or in any of
the stations or other works or premises connected there-
with, or if any person shall wilfully trespass upon the rail-
way, or any of the stations or other works or premises con-
nected therewith, and shall refuse to quit the same upon
request to him made by any officer, servant, or agent of the
commissioners, or shall wilfully disturb, break down, injure,
or destroy, any of the fences of the railway, or remove the
same, or any part thereof, or shall blot out or deface any
regulations put up on the line, or pull down or injure the
Injury to road— boards upon which such regulations are affixed — every such
penalty for. person SO offending, and all others aiding or assisting therein
shall severally forfeit a sum not exceeding twenty-five
pounds for every such offence.
Gates— penalty ^0. If any person shall omit to shut and fasten any gate
(orieaTing g^t tip at either side of the railway for the accommodation
of the owners or occupiers of the adjoining lands, as soon
as he and the carriage, cattle, or other animals under his
TITLE XIX.] RAILEOADS. 267
care have passed through the same, he shall forfeit for every Chap. 70.
such offence a sum not exceeding forty shillings. ' ~
81. If any person, after the rail road, or any section Dimng, &o. .
thereof, shall be opened for use, shall himself go thereon, or road-penaity
shall ride, drive, or lead any animal thereon, he shall for ^"•
every such offence forfeit a sum not exceeding forty shil-
lings ; but nothing in this regulation shall prevent the pass-
ing across the railroad where the same is crossed by any
other road on a level therewith.
82. If any animal shall be found going at large within Animals stray-
the limits of the railroad, or any section thereof, after the p°iaity?&e?'^*'
same shall be opened for use, the owner thereof, and the
person through whose default or neglect the same shall
occur, shall for every such offence severally forfeit a sum
not exceeding forty shilHngs : provided the railroad shall
have on the sides thereof, where it shall not cross some
other road on the same level, a fence approved of by the
commissioners.
83. If any person shall travel, or attempt to travel, in Riotous con-
any carriage belonging to the railroad, without having pre- &^°; ref^sal^to
viously paid his fare, and with intent to avoid payment Saft^'forT^^"
thereof; or if any person having paid his fare for a certain
distance, knowingly and wilfully proceed in any such car-
riage beyond such distance, without previously paying the
additional fare for the additional distance, and with intent
to avoid payment thereof; or if any person knowingly and
wilfully refuse or neglect, on arriving at the point to which
he has paid his fare, to quit such carriage ; or if any person
while in such carriage, shall offend or annoy the other pas-
sengers therein, by riotous conduct, or by indecent or pro-
fane language, or shall disobey the lawful directions of the
guard, or shall persist in smoking after a request from the
guard, or from any other passenger, to desist therefrom —
every such person shall, for every such offence, forfeit a
sum not exceeding five pounds.
84. If any person be discovered either in or after com- Detention of or
mitting, or attempting to commit, any such offence as in the whom.
preceding regulation mentioned, all officers and servants of _
the commissioners, and such other persons as they may call
to their aid, and all constables, gaolers, and peace officers,
may lawfully apprehend and detain such person until he can
conveniently be taken before some justice, or until he can
be otherwise discharged in due course of law.
85. If any person shall send by the railway any aqua Gunpowder and
fortis, oil of vitrol, gunpowder, lucifer matches, or other |oofsrpenaity
goods of a dangerous character, without distinctly marking I^^^Jj"''™'"'^'""
their nature on the outside of the package containing the
same, or otherwise giving notice to the book-keeper, or
other servant of the commissioners with whom the same are
left at the time of so sending, he shall forfeit for every such
offence a sum not exceeding twenty pounds.
268 RAILROADS. [PART I.
Chap. 70. 86. It shall be lawful for the commissioners to make and
Tolls-how le- Isvy sTich tolls as in their opinion shall be best adapted for
''i'"'- the accommodation of the traffic, and to alter and vary the
same from time to time as they may see fit; provided that all
such tolls be at all times charged equally to all persons, and
after the same rate, whether per ton, per mile, or otherwise
in respect of all passengers, and of all goods or carriages
of the same description, and conveyed or propelled by a
like carriage or engine passing only over the same portion
of the line of railway under the same circumstances.
b""kom\id^ ^'^' "^^^ *°^^^ ^^^"^ ^^ P^^^ *° ^^^^ persons, and at such
y w om pai . pj^^^g^^ ^^^ ^^ g^^j^ manner, and under such regulations, as
the commissioners shall appoint.
^f^jai tojay 88. If, on demand, any person fail to pay the tolls due
in respect of any carriage or goods, it shall be lawful for
the commissioners to detain and sell such carriage, or all or
any part of such goods ; or if the same shall have been
removed from the premises of the railway, to detain and
sell any other carriages or goods within such premises
belonging to the party liable to pay such tolls ; and out of
the money arising from such sale to retain the toUs payable
as aforesaid, and all charges and expenses of such detention
and sale, rendering the overplus, if any, to the person en-
titled thereto ; or it shall be lawful for the commissioners
to recover any such tolls by action at law.
Avoiding the ,89. If any person, being; the owner, or having the care
toll by not Ki- r . •' ^ j • i • xi. -i
Ting correcf ao- 01 any Carnage or goods passing or being upon the railway,
penaity^lir?'*' ' shall, on demand, fail to give to any person appointed to
collect the tolls a true and correct account in writing,
signed by him, of the number and quantity of goods con-
veyed by any such carriage, and of the point on the railway
from which such carriage or goods have set out, or are
about to set out, and at what point the same are to be
unloaded or taken off the railway ; and if the goods con-
veyed by any such carriage, or brought for conveyance as
aforesaid, be liable to payment of different tolls, shall fail to
specify the respective quantities or numbers thereof liable
to each or any such tolls, with intent to avoid in any case
the payment thereof, he shall for every such offence forfeit
and pay to the commissioners a sum not exceeding ten
pounds for every ton of goods or for any parcel not exceed-
ing one hundred weight, and so in proportion for any
quantity of goods less than one ton, or for any parcel
exceeding one hundred weight, as the case may be,'
which shall be upon any such carriage ; and such penalty
shall be in addition to the toll to which such goods may be
liable.
Damages to 90. If any passenger shall wilfully cut the lining, or
remove or damage any part of the carriages, or shall get
into or get off of any train when in motion, or at any other
place than the passengers platforms, or attempt to do so,
carriages, &e.
TITLE XIX.] EAILEOADS. 269
every such person shall for every such offence forfeit and Chap. 70.
pay a sum not exceeding forty shillings.
91. Passengers at the road stations will only be booked Passengers-,
conditionally, that is to say, in case there shall be room in ln^° ^
the train for which they are booked. If there shall not be
room for all so booked, the passengers for the longer distance
will be allowed the preference, and for the same distance
they will have priority according to the number of their
tickets.
92. The owners of goods and property of every descrip- Commissioners
tion conveyed by the railway, liable to injury from the ^o^'g^ol^i^u*-
weather, or from smoke, sparks, or fire, shall be responsible Jf'n,""!.'!?!^?''"
lor tneir proper protection, unless under a special bargain for.
with the commissioners.
93. If any person shall load any carriage on the railway, OTerioading
so that the loading extends more than two feet beyond the cau"in|^o *""'
flange of the wheels, or shall leave any carriage or goods workin^rau-
or things under his charge to remain on the railway, or in way, &o.
any of the depots or sidings thereof, to an obstruction of
the working of the railway, every such person, for every
such offence, shall forfeit and pay a sum not exceeding forty
shillings.
94. If any person convicted under any of the preceding Persons oonTie-
sections, from 71 to 87 both inclusive, shall not pay the preeedin^e scot
judgment and costs, and no goods can be found whereon to property, Say
levy the same, such person may be imprisoned in the com- te imprisoned,
mon jail of the county for a term not exceeding one day
for every five shillings of the amount of the judgment, pro-
vided such term shall in no case exceed three months.
95. All the sections of this chapter from one to nine,
eleven to sixteen, twenty-three to twenty-eight, and thirty-
one to thirty-eight, inclusive, have operation from the
thirty-first day of March, one thousand eight hundred and
fifty-four.
SCHEDULE.
A.
Venire — To wit :
To the Sheriff of
You are hereby commanded to summon A. B., <fec., jurors,
duly appointed to appear at on the daj' of
at o'clock, then and there to qualify themselves for the
purpose of appraising the damages sustained by certain
claimants for damages in respect of lands taken for railway
purposes, and in respect of other injuries within the pro-
visions of chapter 70 of the revised statutes, second series,
and have you then and there this writ.
Issued this day of A. D.
^70 BRIDGES AND PUBLIC LANDINGS. [PART I,
Chap. 71. B.
Juror's Oath.
You swear that you will truly appraise the damages sus-
tained by the respective proprietors of lands taken for the
track of railways, and for stations, and that in the case of
claimants for damages by reason of the line of railway
having deprived them of access to their lands, or having
destroyed or impaired any easement or privilege which they
had enjoyed in relation thereto, you will truly appraise the
damage so sustained by such parties respectively ; and you
do swear, that in every case you will faithfully examine the
premises, and will investigate each case according to the
circumstances, and that you will impartially form your judg-
ment of the damages as well prospective as present, inclu-
ding loss for delay of payment; and also will impartially con-
sider and estimate the relative benefit as well as injury to
the property by the construction of the railway, and will
deduct the benefit likely to be derived by the claimants from
the railway running near to their lands, and that you will
in aU things decide according to the best of your judgment
and ability. So help you God.
C.
This is to certify that A. B. is entitled to receive the sum
of £ -, which on the day of , 18 — , was
appraised for railway damages, under the act of 1857, enti-
titled "an act for authorizing assessments for railway
damages," payable to the said A. B., or his order, in two
equal annual instalments, in the manner following, that is to
say : One half of the said sum on or before the expiration
of one year from the date of the appraisement as above
mentioned, and the other half on or before the expiration of
two years from that date, together with interest on each
instalment, after the time of payment shall have elapsed.
Given under my hand this day of , A.I). 18 — ,
C. D., custos of county of .
E. F., clerk of the peace.
CHAPTER 71.
op certain bridges and public landings.
Wharves, land- 1. The sessions shall have control of all public wharves
tefn'ta^Wgesto and public landings, and of all draw bridges, and also of the
con"°olYo?the following other bridges, viz : — Lake Porter bridge, in the
sessions. county of Halifax, the bridge over Sissaboo River, in the
TITLE XIX.] FERRIES. 271
county of Digby, and Bear River, dividing the counties of Chap. 72.
Annapolis and Digby, which latter bridge, for the purposes
of this chapter, shall be considered wholly in the coimty of
Digby; and the sessions may make orders for the preserva-
tion and proper keeping thereof, and may appoint persons
to superintend the same, who shall in such case be sworn
to the faithful discharge of their duties before a justice of
the peace, and the sessions may affix penalties for the breach
of any such orders, not exceeding in any one case three
pounds, and may also impose charges on vessels lying at,
and goods landed on, such wharves or landings, and may
direct the mode of recovery and application of such penal-
ties and charges ; but nothing herein contained shall affect
rights conferred by any act of incorporation in relation to
any such draw bridge, public wharf or public landing.
2. The sessions, upon the presentment of the grand iury, T^^e-yrs to be
'J- ^ , oj«'' made ID oriusres
are authorized to cause draws to be made in any of the bridges upon present-
erected or to be erected over any of the rivers in this pro- jS?"' " ^™"
vince ; and all such bridges so converted into draw bridges,
shall be thereafter subject to all the provisions of this chap-
ter; but nothing herein contained, shall authorize the placing
a draw in any bridge built under any charter or act of incor-
poration.
CHAPTER 72.
OF FERRIES.
1. The sessions may establish ferries over harbors, bays, Ferries and fer-
rivers and creeks within their counties or districts, and tobff3hed''and'
agree with and grant licenses to ferrymen on one or both Sons"'^ ^^
sides thereof, under the regulations; and at the rates of
ferriage by the sessions established or to be established.
2. At the Lennox passage in the island of Cape Breton, an™th'c''GuTof
and at the Gut of Canso, there shall be at least one ferry- canso, to have
man appointed on each side. each^ide.'^" **"
3. Ferrymen shall keep safe and good boats, or vessels Duty of rerry-
in good repair, and suitable for the ferry, and give ready °"^"'
attendance on the' passengers, according to the regula-
tions.
4. Ferrymen not complying with the regulations, or Fine for neglect
receiving more than the established rate of ferriage, or ifabmty.'^"'^'^^'^
neglecting to keep boats or vessels, or to give attendance
as hereinbefore directed, shall forfeit for every offence not
less than ten nor more than forty shillings; and shall be fur-
ther liable to an action on the case for damage by any
person sustained from the neglect.
272 i SEWERS — DIKED AND MARSH LANDS. [PART I.
Chap. 73. 5. When a ferry has been establshed, and the ferryman
Fine for into- Hcensed, if any other person shall carry over the harbor,
rymal^privr ^^y> ^^^^^ °^ Creek, whcreon the ferry is established, any
legos. person, cattle or carriage, for hire, unless by consent of the
licensed ferryman, or on his not giving due attendance, he
shall for every offence forfeit not less than five nor more
than twenty shiUings, to the use of the person suing ; and
in default of goods whereon to levy, the person convicted
shall be committed to jail, for not less than five nor more
than ten days, to be in the executfon expressed, unless the
amount shall be sooner paid ; but if the licensed ferryman
shall not give attendance pursuant to the regulations, then
any other person may supply his place, and recive pay as if
licensed, until another shall be appointed.
TITLE XX.
OF SEWERS, COMMONS, AND COMMON FIELDS.
CHAPTER 73.
OF COMMISSIONERS OF SEWERS AND THE REGULATING OF DIKED
AND MARSH LANDS.
Commissions ai- 1- A.11 commissions issued for the appointment of corn-
ready issued to missiouers of sewers shall continue in force till the governor
continue in . •! i n i * t j_
force. in council shall otherwise direct.
Commissioners 2. The govemor in council, at the request of any of the
and smSn fn'^'^ proprietors of any marsh, swamp, or meadow lands, may
oiork '0 be ap- appoint onc or more commissioners of sewers for the county,
sworn. township or place where such lands lie, who shall be sworn
into office by a justice of the peace, and such swearing shall
be entered in the commissioners' book of record, which shall
be evidence of the fact ; and the commissioners shall appoint
a clerk, who shall be sworn into office by one of the com-
missioners, and the swearing shall be entered in the book of
record, which shall be evidence of the fact.
Commissioners, 3. Two thirds in interest of the proprietors of any marsh,
ear^y'o'nwork" swamp, or mcadow lands, within the jurisdiction of such
how dismissed, commissioners, may, by themselves or their agents, select
one or more commissioners to carry on any work for reclaim-
ing such lands; and they may at any time add to or diminish
the number of commissioners selected or supersede any or
all of them, and choose others instead ; and the choice or
dismissal of any commissioners for or from the management
of any particular land shall be made in writing, under the
TITLE XX.] SEWERS — DIKED AND MARSH LANDS. 273
hands of two-thirds of the proprietors in interest in such Chap. 73,
lands, and shall be entered in the book of record or filed by """■ — '
the clerk. Whenever any marsh, swamp, or meadow lands
lie partly in two counties, one or more commissioners of
sewers may be chosen therefor out of one or both counties
in which such lands lie.
4. The commissioners so chosen may require the propri- Powers of com-
etors of such lands to furnish men, teams, tools, and materials SylSg"/'"'
to build or repair any dikes or wears necessary to prevent ^l^^l Q^^^
inundation, to dam, flow, or drain such lands, or to secure sun-
the same from brooks, rivers, or the sea, by aboiteaux or
breakwaters, or in any way they may think proper ; and in
case of neglect may employ men and teams, and provide
tools and materials for that purpose at the expense of such
proprietors ; the commissioner so chosen shall consult such
other commissioners within the township, county, or place,
as two thirds in interest of the proprietors of the lands in
question, personally or by their agents, shall name, as to the
practicability of the work, or anything relating to the same.
In case of the commencement of any new work, two-thirds
in interest of the proprietors of the lands shall first agree
thereto.
5. Commissioners may appoint from among the propri- overseers may
etors of such lands one or more overseers to assist them, l!™^^™'*'' '
- PI •• ' iio w Sworn.
who shall be sworn by one or the commissioners.
6. Commissioners shall in ordinary cases cause three Notice to be
days' notice, exclusive of Sundays, to be given to the pro- ftora! ^™p"'
prietors^ of lands, or to their known agents where they
reside within ten miles of the place where the labor is
required to be done, to attend and furnish labor and mate-
rials ; but in cases of sudden breaches in any works, or
apprehension thereof, the immediate attendance of each
proprietor may be required.
7. The commissioners so chosen may assess the owners Assesmonttoto
or occupiers of such lands for any expenses incurred by "hat purposes.'
them or their predecessors, whose accounts remain unsettled,
for dikes, wears, drains, aboiteaux,' or breakwaters, including
seven shillings and six pence per day for every commis-
sioner while actually employed, and a reasonable sum for
the payment of the clerk, overseers, and collector, having
regard to the quantity and quality of land of each owner
or occupier, and the benefit to be by him received.
8. Where any rate shall exceed seven shillings and six Rates eiceed-
pence an acre on the whole quantity of rateable land, the com- iilfgrS^slx
missioners shall summon the owners or occupiers of such Jo^^g^eesod'^'
land, or their known agents, or such of them as shall reside
within ten miles of the work, to meet at a certain place and at
a certain time, not less than three days exclusive of Sunday,
after service of such summons, when two thirds in interest
of the owners or occupiers present may elect not less than
three nor more than five disinterested persons as assessors,
274 SEWERS — DIKED AND MARSHLANDS. [PAEI J.
Chap. 73. who shall be sworn into office the same way as the clerk;
and they, or a majority of them, shall, with the commis-.
sioners, assess the owners or occupiers for the expenses
incurred, including a sum not exceeding seven shillings and
sixpence a day for each assessor while actually employed.
i^ommissioners 9. The Commissioners for the new or Wickwire dike, in
dike may asae83. Horton, may assess the owners or ocupiers of land in such
dike, although the rate shall exceed seven shillings and six
pence an acre, provided the rate shall not exceed twenty
shillings an acre on the whole quantity of rateable land,
without calling a meeting of the owners or occupiers, as
provided in the last section, or taking the other proceedings
prescribed by the chapter where the rate exceeds seven
shillings and six pence.
Meadow and 10. An assessment maybe made in the same way in
s"ssS'fOT''o''rigfl respect of meadow lands and swamps for the original open-
nai draining as ing or draining; thereof, although the rate be less than seven
in last section. ,v,,. ,9 ' ii j.-i i- j. i_i
shillings and six pence an acre on the quantity oi rateable
land. „Z?-'_ ^.^-^ ^g-y-.'^-^e^
Aasesament 11. If the owners or occupiers, or their agents, attend-
unaSiSsiV i°g ^Vl^ meeting shall .unanimously agree to an estimate
other^ratea'*^*^ ^^^ assessment in writing, to be entered in the books of the
commissioners, it shall be valid and binding, as any other
rate or assessment
Fines, rates and 12. All fines, rates and assessments, shall be recovered
how^recovered ; by and in the names of the commissioners so appointed and
dfsauowed' "^ chosen, with costs as if the same were private debts ; and a
copy of the assessment, or of such part as may relate to
the particular rate sued for, shall be sufficient proof of the
assessment having been made, and of the liability of the
owner or occupier of the land in question to pay the same ;
and no fine, rate, or assessment shall be siibject to any set
off of a private nature, or be connected with any private
claim on the part of the plaintiff.
Lands may bo 13. When uo goods of any owner or occupier of such
ment'o/ratesr lands can be found within the county where they lie, or the
commissioners shall not think prudent to proceed under any
judgment so obtained against such goods, the commis-
sioners may let so much of the land as will pay the rate and
expenses thereon, first giving twenty days' notice, by hand-
bills, posted in at least three of the most public places in
the township where the lands lie.
jiay be sold, if 14. If any such lands cannot be let for a sufficient sum
dent. '"'' °"^' to pay the rate and expense,- the sheriff, or his deputy, at
the request of the commissioners, shall sell the same, or so
much thereof, as is necessary to pay the rate and expenses,
having given three months' previous notice of the time and
place of such sale, by handbills, posted in at least three of
the most public places in the township where such lands
lie ; and shall execute and deliver to the purchaser a valid
deed of such lands, for which deed, and his attention about
TITLE XX.] SEWERS — DIKE AND MARSH LANDS. 2*1 6
the sale, he shall be entitled, out of the proceeds, to ten Chap. 73.
shillings. A recital in the deed of such handbills having ' ' '
been duly posted, shall be presumptive evidence of the
fact. No school or glebe lands shall be sold under this
chapter.
15. Where the present or former owner or occupier of i'*'"! only li-
any land, or his known agent, shall not have agreed to the tr *haa ^n^"'
building of any dike, wear, aboiteau or breakwater, or to ^%^^ '° ^^^
the damming, flowing or draining of such land, the land only
shall be liable for the rate or assessment.
16. Any deficiency in the amount of a rate may be levied Deficiencies of
and collected as an original rate. ed'and'coUe'cted
17. No commissioner shall be liable to an action for any Action by own-
demand for work or materials furnished by the owner or commfssifni?^'
occupier, or his agent, until all rates and expenses thereon ^"l ''ofk, &a
against the lands of such owner or occupier shall have able.
been paid, nor until after a reasonable time for making up
the rate bill and collecting the same ; and before any letting
or sale* sfiall take plac^, the" amount due to the owner or
occupier of such lands, for work or materials, shall be
deducted from the amount due from such owner or occu-
pier.
18. Every owner or occupier of such lands, or their Owneraand oc-
agent, shall, when required by the commissioners, provide, eS to^fornfsTYa-
at a certain time and place named, a sufficient number of ''"L„*f°® ^°^
11 '11 1 ■ neglect.
laborers, with tools, carts and teams, m proportion to the ^i^^^
quantity of land owned or occupied ; and for each day's /rr'^ c
neglect, in case of a sudden breach, or the apprehension of ^ /^ ,
of one, shall pay, besides his rate or assessment, a fine of ,
five shillings for each laborer, and a like sum for each cart ^^^-^
or team so required. All fines, when recovered, to be
applied for the benefit of such lands generally.
19. When sods or soil shall be cut off' the land of any Damage for
proprietor, diked in common with other proprietors, for assessed."'^ ^^'^
diking the same ; or such lands shall be washed away, or
diked out, or injured by carting over the same by order of
the commissioners; such damage shall be valued, assessed and
paid as other dike rates. If there be any lands so reclaimed,
lying undivided and in common, the same shall be, as far as
it may be available, allotted to the party injured, and the
balance only, if an}'-, assessed as above.
20. The clerk of the commissioners shall keep a record Record to be-
ef all their proceedings, and a fair account of all monies fee^ fo/inspeo^
expended by them, open to the inspection of all persons JJ°ot3*"'^ '^^'
interested therein, on payment for each search and exami-
nation of the book at one time, of one shilling; and a copy
shall be furnished to every person interested, when de-
manded, on payment of six pence for ever}' ninety words.
21. Whenever by the making or repairing of a break- ^^\*i"*o«toia
water, salt marsh lying outside the same shall be benefitted oases to expen-
thereby, the same shall be taxed and assessed, towards the waters. ^'^^^'
18
2.76 SEWERS — BIEE AKD MARSH I-AKDS. [PART I.
Chap. 73. expense of the breakwater, in proportion to the benefit
derived.
Expense to be 22. Whenever in the draining of any swamp or meadow
parte benefitted land a part shall be benefitted, the proportion of the expense
shall be assessed on that part only.
ciTff*a°nZ°^ 23. A clerk or overseer or collector shdl be a compe-
other officers as tent Witness to prove any fact connected with the duties of
witneBsea. j^-^ ^gg^g^ although a proprietor in the land included in the
assessment; except in a matter touching the particular rate or
assessment upon his own land or himself in relation thereto.
Commissioner 24. No Commissioner ot sewers shall hold the office of
shall not be -i i n j.
clerk. clerk or collector.
Plans when ne- 25. When any commissioners of sewers, having the
oSue'd. charge of any land, shall think it necessary to have a plan
thereof shewing the several lots and boundaries, and the
names of owners or occupiers, he may employ a surveyor
to make such plan, and order the expense to be laid on the
land so surveyed as other charges ; and may require the
owners or occupiers, or their agents, to point out to the
surveyor the boundaries of their respective lots ; and the
owners, occupiers, and agents so cedled upon, shall be bound
by such survey and plan.
Outerdiiespro- 26. Where any lands enclosed by dikes shall, by other,
enoioaed"byin- dikes erected outside the same, be enclosed and protected, ;
k^t^^repaii^ ^^^ Commissioner in charge of the lands reclaimed by outer
dikes shall call a meeting of the proprietors of the land
within the whole level contained and enclosed by the outer
dikes, who shall reside within the township or within ten
miles of the place where such lands lie, giving six days'
notice of the time and place of meeting to each proprietor
or his known agent; and two thirds in interest of such
owners or occupiers present, or, in case of their neglect,
then the commissioners shall elect not less than three nor
more than five disinterested freeholders, who, being sworn
before a justice, shall determine what proportion or degree
of benefit hath accrued or is likely to accrue to the old or
inner dikes and the lands lying within the same, from the
new or outer dikes, and shall settle and declare the propor-
tion of expense the proprietors of the lands within the old
dikes ought annually to contribute and be assessed towards
the maintenance and repair of the new dikes; and such
persons, or two thirds of them, shall make a report in writing
of their proceedings, which shall be entered in the book of
record for such outer dikes, and every sum or proportion
of expenses so settled and declared shall be borne upon the
lands within the inner dikes, and be assessed and collected as
other dike rates.
Outer dikes" 27. If such outer dikes shall at any time cease, in whole
tSunerdiE or in part, to protect such inner dikes, the lands within the
inner dikes shall not for such time contribute or be assessed
to the support or repair of the outer dikes.
TITLE XX.] SEWERS — DIKE AND MARSH LANDS. 277
28. If at any time two thirds in interest of the proprie- Chap. 73-.
tors of the lands within the inner dikes shall be apprehen- proprietors in-
sive that the outer dikes are unsafe or out of repair, two 'erested in in-
thirds in interest of the proprietors of the whole level may take prMeeS^
call upon one or more commissioners to examine the outer repairs ofMiter
dikes ; and if it appear to him or tl^em to require repair, he '^'^*^-
or they, with the assent of such two thirds in interest of
the proprietors of the whole level, shall forthwith cause the
same to be repaired, or otherwise, with the like consent, put
the inner dikes in a state of repair, as shall seem most
advisable. If the inner dikes be repaired, then the pro-
prietors of the lands enclosed thereby shall bear the
expense.
29. If any person shall pasture marshes or other lands Dikes injured
enclosed by a common dike, or without and adjoining such roa^sVow^re"'
dike, or shall make a road over such dike whereby it shall p^''^*-
be injured, the commissioners may make an order on such
person as often as occasion may require for repairing the
injury by a certain day to be named therein ; and, in case of
refusal of obedience to such order, the commissioners shall
cause the injury to be repaired, and the person disobeying
the order shall forfeit for every offence ten shillings, which,
with the costs of the repair, may be recovered and applied
as other dike rates.
30. On application by any proprietor of marsh, swamp, AppiioaMons
or meadow lands, in writing, signed by him or his agent, to hovfolde-^duiy
the commissioners for a county or township in which the ?herMn.'^*'°""
lands lie, or in case there has been a commissioner or com-
missioners selected by two thirds in interest for carrying on
work over the lands whereof the same forms a part, then to
such commissioner or commissioners, setting forth that the
same are frequently overflowed and rendered unproductive,
the commisssioners, or any three of them, or the commis-
sioner or commissioners so selected, as the case may be,
shall inquire into the merits of the application, and may
direct such lands to be drained by causing new or old drains
to be opened through the same or any adjacent land ; and
such commissioner or commissioners may order such mea-
sures as they may deem proper for rendering the lands
productive, and may require the proprietors or occupiers
of the lands through which the drainage shall be ordered,
to perform a just proportion of the labor necessary for the
purpose, and shall have power to tax all lands benefitted by
such drainage, and the proprietors or occupiers thereof, for
the expenses incurred, and for damage arising therefrom,
in proportion to the benefit to be received by such lands
respectively, by a rate according to the quantity and quality
of the lands owned by the proprietors respectively ; which
rate shall be levied and recovered as other dike rates are ;
but no such rate shall be payable until ten days after notice
given by the commissioner or commissioners, or his or their
278 SEWERS — DIKE AND MARSH LANDS. [PART 1.
Chap. 73. collector or clerk, to the proprietors or occupiers, or their
known agents respectively, residing within ten miles of the
lands drained, of the amount thereof, or, in case of an appeal,
until after the decision thereon.
Making, alter- 31. Two-thirds in interest of the proprietors of any body
if 'thro' dukeci of marsh, diked or undiked, may, on application in writing,
lands. specially require the commissioners of sewers having such
land in charge, or in case there be none, may select any
other commissioner for the purpose of making, repairing, or
altering any private roads or bridges leading through or
across the same, which such majority of two-thirds in inter-
est may deem expedient or advantageous ; and the commis-
sioners so appointed or required may call upon the proprie-
tors of such lands to furnish men, teams, tools, and materials
to carry on such works, and may assess the owners or
occupiers of such lands according to the benefit to be
derived, and collect such rates in the same way as ordinary
dike rates.
Flowing diked 32. On application in writing, two-tliirds in interest of
Ian 8. ^^ proprietors of any part or portion of any diked marsh,
or meadow land, desiring to flow the same, may direct the
commissioner in whose jurisdiction such lands may lie, or in
case there is none, any commissioner selected by themselves
from the same county or town, to proceed immediately and
set off such part or portion into a separate body, and dike
out such part or portion for the purpose of flowing the
same ; and such commissioner may require the proprietors
or occupiers of such lands to furnish their proportions of
labour and rnaterials necessary to erect a division dike for
that purpose, and shall assess them for the expenses and
damages thereof according to the benefit to be received by
such flowing : provided always, that whenever it shall
appear to any commissioner of sewers adjoining such flowed
lands, that such division dike is insufficient, and such lands
adjoining are endangered thereby, it shall be lawful for«uch
commissioner to repair such division dike, and collect the
expenses thereof from the proprietors of the land so diked
out.
Expenses, how 33. The expenses of repairing the dike cut for such
home. flowing shall be borne by the proprietors of the land so
diked out and flowed.
Proprietors dia- 34. If any proprietor or occupier taxed, shall within
vates^mayhave soven days after being notified thereof, give notice to the
^en"^ whosedeoi- Commissioner or commissioners in writing, signed by hiinself
sion shall be or his agent, that he is dissatisfied with the rate, such com-
final. . . " ' . . , ,, ,, '
missioner or commissioners shall summon the owners or
occupiers of such lands, or their known agents, or such ot
them as shall reside within ten miles of the work, to meet
at a certain place and on a certain day, being at least three
days, exclusive of Sunday, a,fter service of such summons,
when a majority in interest of those present shall elect not
TITLE XX.] SEWERS — DIKE AND MARSH LANDS. 2T9
less than three nor more than five disinterested persons as Chap. 73.
assessors ; and the assessors, or a majority of them, having
been first sworn into office in the same way as the clerk,
with such commissioner or commissioners, shall assess such
owners or occupiers for the expenses incurred, including a
sum not exceeding seven shillings and six pence a day for
each assessor while actually employed ; and the decision of
the assessors, or any three of them, shall be final.
35. In case the proprietors neglect to meet at the time Mode of pi-oce-
and place appointed, or to appoint assessors, or in case the provisTms^of"'
assessors or a majority of them neglect to perform the ^^J^f oomp™ed™
duties imposed upon them, the commissioner or commis- with,
sioners shall forthwith submit and refer such rate to three
other disinterested commissioners of sewers of the county
or township within which the lands lie, by name, who shall
forthwith revise, and, if they see fit, amend such rate, and
the decision of the revising commissioners, or any two of
them, shall be final.
36. When the land of any proprietor within such marsh, S,n™fofpersons
swamp, or meadow land, other than that of the applicant, not applicants,
shall have been injured by such drainage or other measures assesaad"^
ordered, the damage shall be valued, assessed, and paid in
the same manner as directed for the expenses incurred in
such drainage.
37. Where any diked marshes are owned by two persons Cases of two
in such proportions that neither is interested to the extent ne?&"r owning
of two thirds, either party may require one or more com- pTo^ded'for.*"'.
missioners to take charge of and carry on any work neces-
sary for repairing the dikes thereof.
38. If any owner or occupier of land think himself •'rtiorari for
. . . . rsinovin^' pro-
aggrieved by the proceedings of the commissioners, or of eeedings'into
any person acting under this chapter, he may remove the ^"p^^"'^ """^"^ •
proceedings of such commissioners by certiorari into the
supreme court, where they shall be examined, if necessary,
and such determination made as shall be proper; but
sufficient security shall be first given by the applicant to
the prothonotary of the court for payment of costs to be
awarded and ta:?ced.
39. All clerks, collectors, overseers, and assessors, who anTothCTS^
shall neglect or refuse to comply with their duties, shall be oers neglecting
liable to a fine of ten shillings for each offisnce, to be col- ^ ^'
lected and appropriated as other fines under this chapter.
40. Every notice required to be given, unless herein yertaf uSs'^
otherwise directed, may be a verbal notice to be given to otherwise speoi-
the parties in person, or left at their dwelling houses if
known, and within the distance limited in this chapter.
41. T^wo thirds in interest of the proprietors of any pTOpJilt^^s °^
marsh, swamp, or meadow land, may make choice of a collec- may choose ooi-
, . ' ^' . 1 r. T lectors & other
tor, overseers, and assessors ; may order, confarm, or dis- officers, settle
allow any plan of lands, and settle the wages to be paid to &'a!'&a^ ^*°'"
or for the collector, overseers, laborers, carts, or teams, and
280 COMMONS. — COMMON FIELDS. [PAET I.
Lhap. 74. jjjg price to be paid for inaterials,*and cause the same to be
entered in the book of record for the guidance of the com-
missioners.
commiBsioner. 42. No Commissioner shall be liable for any act of his
liow far liable , • jv ^ l i • i • i. t_
forhiaprodeoes- predecessors in oince about any work m which such com-
sor'a acts. m,issioner is engaged, unless for money he might or could
haVe collected on account of work done by his predecessors.
CHAPTER 74.
OF COMMONS.
Sessions to hftTe 1. The sessions shall make regulations respecting com-
ment°oTeom- mons in the several townships, and enforce the same by
mens. penalties, not exceeding forty shillings ; and they shall have
the general management of the commons, and the control
of the supervisors in the discharge of their duties in
relation thereto.
Halifax com- 2. Nothing in this chapter contained shall extend to the
mens regulated city of Halifax, uor to any commons regulated by a special
exempted; '"''' act remaining unrepealed.
CHAPTER 75.
OP COMMON FIELDS.
Linesandbonn- 1. Each proprietor of lands lying unfenced, or in a com-
ijiines how kept ^^^ field, shall oncc in two years, on six days' notice given
him or his agent by the adjoining proprietor, run the lines,
and make and keep up the boundaries of such lands, by
stones or other sufficient marks ; and any person neglecting
so to do shall forfeit twenty shillings.
Keguiations to 2. The proprietors of common fields shall meet annually
!lciai'"'''annuai Oil the first Monday of September, or on some other day to
meeting. ])q appointed at a general meeting, at some convenient place,
and by vote of a majority in interest of those present, may
make regulations respecting the managing, fencing, and
improving the same, and keeping the fences thereof in repair,
and the making and repairing of roads and bridges in and
across such common fields, as may from time to time appear
expedient. *
Regulations to 3. The regulations shall be entered in a book to be kept
lereooided. f^j. the purpose, and shall be signed by the chairman of the
meeting ; and the production of the book, and proof of the
TITLE XX.] COMMON FIELDS. 281
entry maxie thereiH, shall be sufficient evidence of the regn- Chap. 75.
iations. —
non-
4. If any person shall not comply with the regulations, oimpUanoe
he shall forfeit a sum not exceeding ten shillings. with reguia^
5. In addition to any penalty imposed by this chapter, Proceedings to
if any proprietor shall, after three days' notice from another uon^f f^* ef*"
proprietor, neglect to obey any regulations of the proprie-
tors, under which he shall be bound to make or repair any
fence, the fence viewer shall, on application, make or repair
such fence, if he shall think it insufficient, and the person
fio refusing shall pay double the expense to the fence-viewer.
6. Everj' brand or mark adopted by the proprietors of Brands to be en-
c ij 1 i.1. • w- /• 1 J- 1 *«"* inolerk'8
any common neld by their regulations, tor branding or mark- book; feethere-
ing animals to be turned thereon, before being used, shall *°''
be entered in the town clerk's book, and he shall receive
one shilling therefor.
7. The town clerk, after entry of such brand or mark, Kneforasecond
shall not enter any other brand or mark similar thereto, maX ° °*°"
under a penalty not exceeding ten pounds.
8. If any proprietor of a common field, or any person by Fine for nnau-
his direction, shall with a brand or mark not recorded or counterfeit'
entered by the town clerk, brand or mark any animal for ^r*"^-
the purpose of turning the same into a common field, or
shall counterfeit any such brand or mark for the purpose
of branding or marking any animal, every person so offend-
ing, or being accessory thereto, shall forfeit a sum not
exceeding five pounds.
9. Every proprietor of any field adjoining a common field, comp^'propri-
enclosed and improved, in case his part of the fence divi- etoroMjoining
ding his land from such common field shall become defective, hi* fences,
shall immediately make the same a legal fence ; and in case
of his neglecting so to do within three days after notice
given him by the field keeper or any proprietor, any fence-
viewer, on application, may forthwith cause the same to be
repaired ; and the person who ought to have repaired the
same shall pay double the expense thereof to the fence-
viewer.
10. If any proprietor in a common field shall desire to Proprietors in
have his land separately fenced, he shall, unless otherwise desirous of fen-
assented to by two-thirds in interest of the whole proprie- tho^'4hoie''S-
tors, bear the whole expense of fenciusr the same, and shall pense, unless
, ,' J.I in • ■ i T_- • J- -J 1 two-thirds min-
be bound to keep such fence in repair at his indiviaual terest consent.
expense.
11. At the annual meeting the proprietors shall appoint committee of
from among themselves a committee of not less than three, h^^appofn*ed;
nor more than five, to carry into effect the regulations made their(fiity.
respecting such common field for the ensuing year.
12. Whenever the committee shall find it necessary to instructions as
raise money to carry into effect any regulation not applying for varfo^ pur-
to the making or repairing of roads or bridges in or across p°^^'-
such common field, they shall assess the amount on the
282 COMM0X FIELDS. [PAP.T I.
Chap. 75. several proprietors or occupiers of the common field, by
an even and equal rate, according to the quantity and quality
of land held ; and in cases of regulations applicable to the
making and repairing of roads and bridges in or across such
common field, the committee shall assess the amount on
the proprietors or occupiers, by an even and equal rate,
according to the benefit to be derived from such roads and
bridges by each proprietor or occupier respectively.
extendto^Rrand ^^- '^^^ ^^^^ section shaU not extend to any common
I'lairie, &e, field on the Grand Prairie or Wickwire dikes in Horton, but
the committee, for any common field on such dikes, shall
have power to make and repair aU fences, gates, roads, and
bridges in, across, or around the same, to call meetings of
the proprietors, giving three days' notice to all proprietors
residing within six miles of their clerk's office, and to do
all acts necessary for the security and improvement of such
common field, and to notify the commissioners of sewers of
Power of com- said dikes of such expence ; and the commissioners shall
mitteo 0 sue jjjgj^jg ^}jg amouut in any sum of money, to be by them
assessed upon the proprietors of such dikes, as ordinary
dike rates, and shall apply such amount in payment of the
expenses incurred, as certified by such committee.
CoHectors ap- 14. The committee may, by writing, appoint a person to
pointed by com- n , r ,1, .,•"■' 9' ^5^, ^ ,
mittee ; tiieii coUect Irom the proprietors or occupiers the several sums
'*"*y' assessed upon them respectively ; and the collector, upon
neglect of any party assessed to pay the amount for which
he shall have been rated, after due notice of such assess-
ment, may collect the same, as if it were a private debt due
him.
c^m°mnteltobe ^^- '^^^ Committee may include in any sum to be
included in as- asscssed, five shillings for the attendance of each of their
essmen . number, for every day actually employed in carrying the
regulations into effect.
title xxi.] shipping and seamen. 283
Chap. 76.
f ~-
TITLE XXI.
OP THE" REGULATION OF TRADE IN CERTAIN CASES.
CHAPTER 76.
Part tlie First.
OP SHIPPING AND SEAMEN, /i*-'--'-^'^^'^
1. Examinations shall be instituted for persons wlio are Examination of
or intend to become masters or mates of foreign going matelo^ffOToign
ships, registered in and belonging to this province, in accor- going ships. °
dance with the provisions of part third of the imperial act
entitled, "the merchant shipping act, 1854."
2. The governor in council may appoint local boards of Appointment of
examiners at such ports in this province as he may deem exaiainOTs— "^
necessary, for the purpose of conducting such examinations ; Guidance ^"''^
and may lay down, for the guidance of such boards, such °
rules and regulations as respect the examinations and quali-
fications of the applicants as shall, as nearly as possible,
correspond and be consistent with the rules and regulations
in that behalf required by the merchant's shipping act, and
such rules and regulations shall in all respects be. strictly
adhered to by such boards of examiners, under a penalty of Penalty for
fc/ / X V nTftfliPii C\\ mips
twenty-five pounds for any deviation therefrom.
-3. In addition to the local boards mentioned in the pre- Central board—
ceeding section, the governor in council may appoint a oFf fti'noUoM of,
board at Halifax, to be called, " the central board of exami- *"•
ners," and such central board, shall have and exercise the
functions of the board of trade, under section 134 of the
imperial act hereinbefore refej-red to, and they shall report
half yearly to the board of trade.
4. The local boards of examiners shall duly examine each Certificates of
applicant in strict compliance with the rules laid down for how'grantMi.
their guidance in that behalf; and if such applicant shall
pass a satisfactory examination as regards his sobriety,
experience, ability, and seamanship, a testimonial shall be
given to him by such local board to the efiect that he is com.-
potent to act as a master, or as first, second, or only mate of
such foreign going provincial ship ; and on such testimonial
being presented to the central board, such board shall grailt
a certificate of competency, to the effect that he is compe-
tent to act as master, first, second, or only mate of such
foreign going ship, as the case may be, and containing the
other particulars required by such imperial act; and such privileges of
certificate shall entitle -the recipient to all the rights and tSoiTes.'''^ °""
privileges enjoyed in that behalf by persons to whom cer-
284 SHIPPING AND SEAMEN. [PART I.
Chap. 76. tificates of a similar kind were granted under sections 134
"r — — and 135 of the act hereinbefore referred to. *
No foreign go- 5. After ths Seventh day of May, 1859, no provincial
to'aca'uniess^" foreign going ship shall go to sea from any port in this pro-
matel" Msess vince, unless the master thereof and the mates thereof have
certificate. obtained and possess certificates of competency, as pro-
vided in the preceding section ; but nothing in this section
shall apply to provincial ships trading with the United
States of America, British American Colonies, or British
and Foreign West Indies,
certifloatetobe 6. All Certificates shall be made in duplicate, and one
part thereof shall be kept and recorded in the ofiice of the
central board, and the other shall be delivered to the party
Penalty for ai- entitled thereto ; and every person fraudulently procuring,
^rt^cato!' ^"^ obtaining, or altering such certificate, or permitting the
same to be used by any other person, shall for each offence,
be deemed guilty of a misdemeanor.
Fees. 7. Each applicant for a master's certificate shall pay a
fee of forty shillings, and each applicant for a mate's certifi-
cate shall pay a fee of twenty shillings, to the local board
of examiners ; one half of such fees to be paid in advance
on the application being made, and the other half on
ProTiao. receiving the certificate : provided, that if such applicant
sh^U not pass his examination, he shall forfeit the sum so
paid in advance.
Cases in which 8. If the Central board or local board of examiners have
b^cSeUed'or reason to believe that any master or mate is, from incompe-
suapended. tency or miscouduct, unfit to discharge his duties, they may
direct any two justices of the peace and one member of the
local board to investigate the same ; and thereupon such
justices may summon such master or mate to appear before
them, and shall give him full opportunity of making a defence,
and they shall report the result of their investigations to
the central board ; and such central board shall have power
to cancel or suspend the certificate of competency of such
master or mate, should the result of the investigation
reported to them in their judgment justify such a course.
Justices may The lustices, for the purpose of such investigation, shall
compel attend- i .i p ii' i_t_ ^ i *.
ance of witness, iiave trie power of compelhng attendance of witnesses.
Shipping arti- 9. The master of any vessel registered in and belonging
calesnee^^aJyj *« t^is province, trading to parts out of the province, shall
toT *^°"tt " t°' "^^^ carry to sea, as one of his crew, any person, apprentices
tion,'&o. excepted, without entering into an agreement in writing
with such persons specifying what wages he is to receive,
the capacity in which he is to act, and the nature of the
voyage intended. The agreement shall contain the date
when made, and shall be signed by the master, in the first
instance, and by each person shipped, at his port of ship-
ment : — it shall be in the form, and shall contain, as far as
possible, the particulars in the schedule hereto annexed ;
and a copy, attested by the signature of the master, shall,
TITLE XXI.] SHIPPIKG AND SEAMEN. 285
on reporting the arrival of the vessel, be deposited in the Chap. 7G.
customs there. A clause may be inserted therein providing :
for the sale of the vessel during the voyage intended, and
for the discharge of the crew in the event of* such sale ;
but such clause must state the amount of wages to be paid
to the seamen upon such sale.
10. The master of any such vessel carrying to sea any Fines for ship-
such person, apprentices excepted, without having entered oonfrary to™he
into the agreement hereby required, shall forfeit five pounds ^7 non'iompii-
for every such person ; and the master not depositing, as ano^ witu its
hereby required, a true copy of the agreement, shall forfeit ^''''^'^"'°"
five pounds. :
11. The entering into the agreement shall not deprive Articles not to
any seaman of his lien on the vessel, or of any legal remedy ifeTfo/wa^es.'^
for the recovery of his wages : no agreement made con-
trary to the above provisions, and no clause depriving sear
men of their right to wages in the case of freight earned,
by a vessel subsequently lost, shall be binding on the seei-
man. No seaman shall be obliged to produce the agree-
ment, or a copy of it, to support his claim for wages.
12. If a seaman having signed the agreement hereby Proooedinge
required, shall not join his vessel, or shall refuse to proceed ^^86 toT?n
to sea in her, or shall absent himself therefrom without ^^l^^^ei"^^
leave, any justice of the peace near the place shall, upon
complaint made upon oath by the master, mate or owner^
by his warrant, cause such seaman to be apprehended and
brought before him ; and if such seaman shall not satisfy
the justice as to such neglect, refusal or absence, the justice
shall, upon due proof, commit such seaman to jail, there to
be kept at hard labor, for a period not exceeding thirty
days ; but if such seaman shall consent to join his vessel
and proceed on the voyage, the justice if requested by the
master, shall, instead of committing* such seaman, cause him
to be conveyed on board the vessel, or delivered to the mas-
ter, and shall award to the master the costs incurred in
such apprehension, not exceeding the sum of two pounds,
exclusive of jail fees, which shall be deducted from the
wages to grow due to such seaman.
13. If anv seaman having; received an advance on his sureties liable
i-. < . , , ° j.ji' 1 for advance and
snippmg, and signing the agreement, and lor whom any expenses where
person shall have become sufety, and as such subscribed to^prooeel'^^on
the agreement, shall not proceed on the voyage, such surety ti^e voyage.
shall repay such advance ; and if the master or owner shfll
be compelled to procure another seaman, and thereby incur
additional expense, the surety shall also repay the same — -.
provided it do not exceed half the sum originally advanced.
14. The party becoming surety shall subscribe his name Execution of ar-
to the agreement in the proper column thereof, opposite to adilnoef how''
the name of the seaman for whom he becomes surety, and "henarfeited'^
such signature shall render him liable to the extent above
declared ; and the amount shall be sued for as debts of the
286 SHIPPING AlfD SEAMEN. [PAET I.
Chap. 76. like amount by the law are ; and on production of the agree-
ment, and proof of the execution thereof by the seaman and
by the surety, and of the refusal of the seaman to proceed
to sea, judgment shall be given against the surety for the
advance paid to the seaman, and for the additional expense,
to the extent above named, together with costs, as allowed
by law in cases of debts of the Hke amount.
I'prfeitnres in- 15. If any Seaman after having signed the agreement,
men for absence and during the period for which he has agreed to serve,
fence3°'mode'of shall, without leave, absent himself from the ship, or from
proot ]iig duty, he shall, in cases not of absolute desertion, or not
treated as such by the master, forfeit out of his wages, to
to the master or owner, the amount of two days' pay for
every twenty-four hours absence, and in like proportion for
a less period of time, or at the option of the master, the
expenses incurred in hiring a substitute to perform his
work ; — and any seaman, without sufficient cause, neglect-
ing to perform the duty required by the person in command,
shall be subject to a like forfeiture for every such offence,
and for every twenty-four hours continuance thereof;—
and if any seaman, after having signed the agreement, or
after the ship's arrival at her port of delivery, and before
the discharge of her cargo, shall quit the ship without a
discharge or leave from the master, he shall forfeit to the
master or owner one month's pay out of his wages. No
such forfeitures shall be incurred unless the fact of the sear
man's absence or neglect, and the time and duration thereof
be entered in the log book ; this entry the owner or master
shall, in cases of dispute, be obliged to substantiate by evi-
dence of the mate, or other credible witness.
Modeofeompu 16. Where the seaman has contracted by the voyage or
whlre'^^agree"-" ^7 ^^^ ^^^t ^^^ amount of forfeitures shall be ascertained
ment is by the ^j^us : — If the duration of the voyage shall exceed one
month, the forfeiture of one month's pay shall be considered
a forfeiture of a sum bearing the same proportion to the
whole wages as a month bears to the whole time spent in
the voyage ; a forfeiture of two days' pay, or less, shall be
considered a forfeiture of the sum bearing the same propor-
tion to the whole wages as that period bears' to the time
spent in the voyage ; if the whole time does not exceed one
month the forfeiture of one month's pay shall be considered
a forfeiture of the whole wages ; if such time does not
exceed two days, the forfeiture of two days' pay shall be
considered a forfeiture of the whole wages. The master
shall deduct all forfeitures from the wages of the seaman
incurring the same.
Forfeiture ia 17. A seaman deserting his vessel shall forfeit to the
owner or master aU his effects remaining on board, and the
wages due to him ; provided the circumstances of the deser-
tion be at the time entered in the log-book, certified by the
signature of the master and mate, or other credible -svitness.
case of deser-
tion.
TITLE XXI. J SHIPPING AND SEAMEN. 287
The absence of a seaman witliin twenty-four hours imme- Chap. 76.
diately preceding the vessel's sailing, without leave of the
master, or at any time under circumstances shewing an
intention not to return, shall be considered an absolute
desertion ; and if such desertion shall take place out of this
province, and the master shall be obliged to engage a sub-
stitute for the deserter at an increased rate of wages, he
shall recover from such deserter the excess of wages paid
to such substitute as wages are hereby made recoverable.
18. Any person harboring or secreting a seaman who Harboring or
shall have signed the agreement hereby required and menfh?>w ^pun-
absented himself from his vessel without leave, knowing or jf^i^^j* ' ^0™^",!
having reason to suspect him to be so absent, shall forfeit wWreoovera-
twenty shillings. No debt over five shillings incurred by a
seaman after signing the agreement shall be recoverable
until the conclusion of the voyage. The keeper of a public
house shall not detain any effects of a seaman for any debt
contracted by him. In case of such detention, any justice
shall, on complaint on oath by or on behalf of such seaman,
inquire into the matter, and he may, by warrant, cause such
effects to be delivered to such seaman.
19. The master or owner shall pay every seaman his seamen's wagea
wages, if demanded, within three days after the delivery of recoverable!'"^
the cargo, or ten days after the seaman's discharge, which-
ever shall first happen. The seaman, on his discharge, shall
be entitled to receive one-fourth of the estimated balance
due to him ; and in default thereof the master or owner
shall forfeit to the seaman two days' pay for each day, not
exceeding ten days, that such payment without sufficient
cause is withheld. This forfeiture shall be recoverable in
the same manner as seamen's wages ; but this provision shall
not apply to cases where the seaman by the agreement is
paid by a share in the profits of the adventure.
20. The payment of wages to a seaman shall be valid ^*e^vaud''not-
notwithstanding any bill of sale or assignment thereof, or withstanding
any attachment or incumbrance thereon. No assignment ment3."^^^"°"'
or sale of wages made prior to the earning thereof, and no
power of attorney to receive wages expressed to be irre-
vocable, shall be valid or binding on the party making it.
21. A seaman shall on his discharge, be entitled to a seamen enti-
certificate, signed by the master, of his period of service, eito-''fine^'^'for
and the time and place of his discharge ; and a master refu- refusing,
sing such certificate, without reasonable cause, shall forfeit
five poimds.
22. u a seaman, having been three days discharged, Proceedings for
and desiring to proceed again to sea, shall require imme- ^amln'* about
diate payment of his wages,— any two justices on his appli- voyase?*"^"" "
cation, and proof that delay would hinder him of employ-
ment, shaU summon the master or owner of the vessel to
shew cause why immediate payment should not be made ;
and if cause be not shewn, they shall order payment forth-
288
SHIPPING AND SEAMEN.
[PART I.
Chap. 76.
Wages how col
lected when
under twenty
pounds.
Jury allowed.
.Costs to be dis-
allowed in the
vice admiralty
wliere wages
might be reco-
vered before a
justice.
IVIedicines to be
ke]'t on board
with ; and in default of such payment the master or owner
shall forfeit five pounds.
23. When the wages due to a seaman do not exceed
twenty pounds, any two justices in the neighborhood, on
complaint upon oath, by or on behalf of such seaman, shall
summon the master or owner to appear and answer such
complaint ; and on his appearance, or in default thereof, on
proof of his having been summoned, the justices shall, on
the oath of the parties and their witnesses, examine into
the complaint and order payment of the amount due ; and
if such order be not obeyed within two days, they shall
issue their warrant to levy the amount awarded, by distress
and sale of the effects of the party on whom such order
was made, rendering to him the overplus, if any, after deduct-
ing the expense attending the complaint, and the distress
and levy ; and if sufBcient distress be not found, they shall
cause such wages and expenses to be levied on the vessel ;
and if she be not within their jurisdiction, they shall cause
the party on whom the order was made to be committed to
jail, there to remain until payment of the amount awardedj
and all costs and expenses. The award of such justices
shall be final and conclusive.
24. A jury shall be allowed in the trial of causes under
this chapter, according to the provisions of chapter one
hundred and thirty-one.
25. If a suit lor the recovery of a seaman's wages be
brought in the court of vice admiralty, or any court of
record of this province, and it shall appear to the judge
that the plaintiff might have had as effectual a remedy by
complaint to a justice, as above directed, he shall certify to
that effect, and no costs of suit shall be awarded the
plaintiff.
26. The master of every such vessel shall constantly
keep on board a sufficient supply of medicines, suitable to
accidents and diseases arising on sea voyages , and in default
thereof, or in case a seaman shall sustain injury in the ser-
vice of the vessel, the expense of the surgical and medical
advice and attendance and medicine he shall require, until
he is cured or returns, shall be borne by the owner or mas-
the vessel, without any deduction on account of
Crews dischar-
gfd abroad only
un certiiicate.
ter of
wages.
27. No such master shall discharge any of his crew at
any British port out of this province without the sanction
in writing, of the officer appointed in that behalf, orgaf the
principal officer of the customs, or of two respectable mer-
chants resident there; nor at any foreign port without the
sanction in writing of the British minister, consul, or vice
consul there, or of two respectable resident merchants ; any
of whom may make examination on oath, and grant or refuse
a certificate of such sanction, according to their discre-
tion.
)
tified.
XITLE XXI.] SHIPPING AND SEAMEN. 289
28. No such master shall leave at any place abroad, Chap. 76,
either on shore or at sea, any of his crew as unfit to pro- crews not to be
ceed on the voyage, or having deserted or disappeared, Jlfg ^o^^oo^""
without having obtained a certificate, as in the foregoing cause duly oer-
section, approving thereof, if there be any such persons
to apply to for that purpose ; and such persons may make
examination on oath, and grant or refuse such certificate
according to their discretion.
29. In any action brought for violation of this or the in case of action
preceding sections, it shall be incumbent on the master to proof as to°oer-
prove his having obtained the certificate thereby required, npon*the*°maa*-
or prove the impracticability of obtaining such certificate, 'c-
30. Nothing herein shall prevent the entry of any per- Entering the
son belonging to any merchant ship into her majesty's naval "haiVnorbe*
service, — such entry shall not be a desertion, and shall not ^^^^ desertion.
incur any forfeiture whatever. No clause creating a penalty
or a forfeiture for such entry shall be inserted in any ship's
articles.
31. A seaman received into such service from a mer- Seamen's rigiit
1 11- • 1 n 1 ^ • ^^ wages and ef-
chant vessel, not having committed an act oi total desertion, leots when en-
treated as such by the master, shall, on such entry, receive vaYsfrvice. °*
all his effects from such vessel, and if she shall have earned
freight, the proportionate amount of his wages, from the
master up to such entry, in money or a bill on the owner.
For failure to deliver such effects and money, or bill, the
master shall forfeit twenty-five pounds. If no freight has
been then earned,, the master shall give to the seaman a bill
on the owner for his wages then due, payable on the ship's
arrival at her destined port. If he be unable to ascertain
the amount, he shall give to the seaman a certificate of his
period of service, and the rate of his wages, and shall pro-
duce to the officer commanding such ship of war, the ship-
ping agreement. On such delivery of the seaman's effects
and settlement of his wages, the officer commanding shall,
on request of the master, give him a certificate under his
hand endorsed on the agreement of the entry of the sea-
man into such ship of war.
32. The court or iustices before whom proceedings are Court's power
^ T , t ^ n i,-ii* 1 to I'educu penal -
l)rougnt for recovery of penalties herebj' imposed, may tics; limitations
make such reduction therein, not exceeding one half of the "'■' "'"""is-
original amount, as they think fit. All such proceedings
shall be commenced within tAVO years after the offence ; or
if committed without the province within six months after
the return thereto of the offender.
J 33. The foregoing sections shall not extend to any ship n°t ^ffef t'LTty
/ trading coastwise between the ports of this province, or to tins chapter.
I any regarded as coasting vessels by any law of this pro-
Y vince.
290 SHIPPING AND SEAMEN. [PABT I.
Chap. 76. Scliedule in this chapter referred to.
mont "'' '^^^^' ^^ agreement made pursuant to chapter seventy-six, title
twenty-one, of an act of the general assembly of Nova
Scotia, passed in the fourteenth year of the reign of her
majesty queen Victoria, between , master of the
ship , of the port of , of the burthen of
tons, and the several persons whose names are subscribed
hereto.
It is agreed by and on the part of the said persons, and
they severally hereby engage to serve on board the said
ship in the several capacities against their respective names
expressed, on a voyage from the port of to ,
[here the intended voyage is to he described as nearly as can
be done, and the places at which it is intended the ship shall
touch, or if that cannot be done,, the nature of the voyage
in luhich she is to he employed,] and back to the port of
; and the said crew further engage to conduct them-
selves in an orderly, faithful, honest, careful, and sober
manner, and to be at all times diligent in their respective
duties and stations, and to be obedient to the lawful com-
mands of the master in every thing relating to the said ship,
and the materials, stores and cargo thereof, whether on
board such ship, in boats or on shore. [Here may be inserted
any other clause which the parties may think proper to be
introduced into the agreement — prQvided that the same be not
contrary to and inconsistent with this act.} In consideration
of which services to be duly, honestly, carefully, and faith-
fully performed, the said master doth hereby promise and
agree to pay the said crew, by way of compensation or
wages, the amount against their names respectively ex-
pressed. In witness whereof, the said parties have hereto
subscribed their names on the days against their respective
signatures mentioned.
f
I
TITLE XXI.]
SHIPPING AND SEAHEN.
291
1
2
a
H
►
as
0
1^
K
H
0
"0 ■
•
5-
H
i
•r
o'B'
.=■0
■ - ■ ,
c
Amount of wages per
calendar month, share
or voyage.
it-
1^
Name of ship in
which seaman
last served.
Chap. 76.
19
292 eegistry of ships. [pabt i,
Chap. 76.
CHAPTER 76.
Part the Second.
OP THE KEGISTET OF SHIPS. •
Appointmentof 1. The governor in conncil may appoint for erery port,
registrars. ^^^ which they deem it expedient to authorise the registry
of ships, a principal officer of cnstoms, and of navigation
laws, who shall be the registrar for all the purposes con-
templated by the imperial act, entitled, "the merchant's
shipping act, 1854."
Appointmentof 2. The governor in conncil may appoint at every snch
eurTeyor. port, and at any other port or ports m the province, an
officer to superintend the survey and admeasurement of
ships in conformity with the said act, and the same person
may be appointed both the registrar and surveyor at any
such registry port.
Salaries of re- 3. Such registrars and surveyors shall receive for their
lirreyors!'"^ Services, in addition to any fees by law allowed, such sums
as may be annually granted by the legislature.
Surveyor's fees. 4. Such surveyor shall be entitled to fees for the mea-
surement of every vessel about to be registered for the first
time, or requiring measurement for the purposes of registry;
which fees shall be paid by the registered owner as follows :
ten shillings for vessels under one hundred tons } fifteen
shillings for vessels from one hundred to two hundred tons;
and twenty shillings for vessels over two hundred tons ; six
pence per mile for travelling fees going and returning.
Part of "mer- 5. So much of the act entitled, "the merchant shipping
act," 8M,'^re'°^ act 1854." as is inconsistent with this act, is hereby repealed
pealed. ^^ ^q ships registered in this province.
Netr certiftcate, 6. In the event of the certificate of registry of any ship
lowgran . jjging mislaid lost or destroyed, the registrar of the proper
port shall grant a new certificate, as the case may require,
on proof by affidavit of the original certificate having been
mislaid, lost, or destroyed.
Endorsement of 7. Collectors of colonial duties shall have the same
change of mas- p^^gj. ^q endorsc from time to time on the certificate of
registry of any ship at any port where such ship may be
any change of master which takes place at that port, as are
given to registrars of shipping under this chapter, and the
act of the imperial parliament, entitled " the merchant ship
ping act, 1854.
title xxi.] wrecks and wrecked goods. 293
Chap. 77.
CHAPTER 77.
OP WRECKS AND WRECKED GOODS.
1. All ships, and goods of every description, wrecked. Wrecked shipa
abandoned, or forced on, or within the soundings or shores, "or, Ind^bV'""''
or found floating in the bays or rivers of this province, shall wt'om preeer-
be preserved for the owners thereof; and persons finding
such wrecks or goods shall immediately give notice thereof,
either to the sheriflF, coroner, officers of customs, officers of
impost and excise, or a justice, which ever shall be nearest
at hand ; who shall or a majority of them if more than one,
attend forthwith and take all necessary measures for pre-
serving such ship or goods.
2. Any justice upon information on oath made before Prooeedingg
him, that any such goods have been carried away and con- rn^aaes'orto-
cealed, shall issue his warrant to search all places where f^^°sorco^»i.
they are suspected to be concealed, and commit to jail any goods,
person who shall appear to have wilfully concealed the
same, there to remain until delivered by due course of
law.
3. Any of the officers hereinbefore named, when any vessels in di»^
vessel shall be in danger, or shall be driven on shore, or 'dTsaivagl'iB
discovered floating, may command as many men of the such cases how
neighborhood as may be necessary, to assist in preserving * ^"^
the lives of the people and the property on board such ves-
sel ; and may order the person commanding any vessel at
anchor to furnish his boats, and as many men as he can con-
veniently spare, and such men are hereby required to give
their assistance accordingly. Any person disobeying any
such orders shall, upon information on oath before any
justice, be committed to jail for trial, unless good security
be given for his appearance at the next term of the supreme
court for the county; and upon conviction of such offence,
he shall be subject to a fine not exceeding fifty pounds, or
imprisonment for a term not exceeding six months, at the
discretion of the court ; but any person giving assistance
to the people, or towards preserving any property on board
any ship in danger of being wrecked, or towards the preser-
vation of any property found floating, or cast on shore, shall
within thirty days from the performance of such service be
paid a reasonable reward therefor by the commander of the
vessel, or owner of the property preserved ; and in default
of such payment, the property preserved shall remain in the
custody of any of the hereinbefore named officers until such
charges be paid ; — and all persons who aid in such preser-
vation shall be reasonably remunerated for their services,
unless it appear that during the time of the performance
thereof, they have been guilty of dishonesty, disobedience,
294 WRECKS AND WRECKED GOODS. » [PAET I.
Chap. 77. or disorderly conduct ; and the officer, if any such, who shall
attend and direct the making of the salvage shallcertify to the
actual performance of such services. The amount of such
remuneration shall be determined by three neighboring jus-
tices, mutually chosen by the parties, who shall adjust the
quantum of reward to be paid to each of the persons em-
ployed in making such salvage ; which decision shall be
binding upon all parties, and the amount so awarded shall
be recoverable by action at law.
PTMeedinga 4. If no person shall appear to claim the goods so saved,
ant. the officer or person who has the charge of them, shall sell
80 much thereof as will be sufficient to pay such salvage^
with the incidental charges incurred ; or, if the goods are
in danger of perishing, or of being lost by delay, then the
whole shall be sold, and the proceeds thereof when sold, put
into the immediate possession of some principal officer of
the customs, or other responsible person if no such officer
be present, who shall make an account thereof, and sign the
same ; and if the goods or money be not claimed within
twelve months by the owner thereof, such of the goods as
may then be on hand shall be sold by public auction, and
the proceeds thereof, reasonable expenses of such sale being
deducted, paid into the treasury, there to remain until
claimed by the owner, who, upon affidavit, or proof of his
right thereto, to the satisfaction of a judge of the supreme
court, shall, upon his order, receive the same out of the
treasury.
Property in le- 5. No pcrsou Under any pretence whatever, shall inter-
^b^interUrd fere with any kind of property referred to in this chapter,
ta|''jln Xier a if i* be in the legal custody of any person, unless his assist-
misdemeanor, ance be required ; and the person in charge of any vessel
wrecked or in distress, or the officer who shall come to his
assistance, may repel by force any attempt to meddle there-
with without his consent. Any person convicted of molest-
ing or obstructing any officer or other person having charge
or employed in making salvage of any such vessel or goods,
shall be punished as for a misdemeanor.
Supre^ eonrt 6. If any proceedings under this chapter be removed
eeedings from a couft of inferior jurisdiction to the supreme court,
iSfmor'oour''^ and they shall appear to have been in accordance with the
of wUftil"eiTor*' justice of the case, the supreme court shall confirm the
same, notwithstanding the want of legal form therein ; or
may correct and amend the same, and give final judgment
upon the merits ; and shall wholly reverse the proceedings
only for wilful and corrupt error.
TITLE XXI.j PILOTAGE, HARBORS AUD HARBOR MASTERS.
295
Chap. 78.
CHAPTER 78.
OP PILOTAGE, HARBORS, AND HARBOR MASTERS.
1. The governor in council shall appoint not less than
three nor more than five commissioners of pilots for each
of the ports of Halifax, Sydney, Pictou, Pugwash, Wallace,
Antigonishe, Saint Mary's, Arichat, Tatamagouche, and Point
Bruley. Every commissioner shall take the following oath:
" I, [name of commissioner'], do swear that I will act dili-
gently, faithfully, and impartially in the examination and
selection of pilots for the port of [nam^ of port]."
Three commissioners in any- one of the said commissions
to be a quorum.
2. The commissioners shall examine and select as many
pilots as they may think necessary for each of the ports in
the preceding section mentioned ; and shall grant certifi-
cates to such pilots in the following form, and which shall
be revocable at pleasure :
" Province of Nova Scotia,
No. — , port of [name (fport].
We, [^names of commissioners], commissioners appointed
by law to examine and select pilots for the port of [name
of pori], certify that [nam£ and residence of pilot], having
been examined by us, was deemed a fit person to undertake
the pilotage of vessels of every description into and out of
the said port; and on the day of A. D. 18 — ,
was by us licensed to act in that capacity.
(Signed) [names of commissioners.]
Commissioners.
Entered in the register of pilots' licenses.
This license cannot be lent or transferred.
Commissioners
of pilots for cer-
tain ports
named, how ap-
pointed ; their
number ; oath
of office.
Quorum.
Pilots how ap-
pointed ; form
of certificate of
appointment.
Description
of [name and
residence of pilot] No. — .
Age.
Height.
Complexion.
Color of hair
and eyes.
Remarks.
3. Every such certificate shall be numbered and regis- Certificate to he
tered in a book kept for that purpose, and shall be annually gS^l^aidTe-
renewed. The pilots for Halifax and Syd&ey shall pay fy7feeg''on°Mr;
twenty shillings for the certificate, and two shillings and six tifioates and for
pence for every renewal thereof; and the pilots for the ty'for tranX."
other ports shaU pay ten shillings for the certificate, and
296 PILOTAGE, HARBORS AND HARBOR MASTERS. [PART I.
Chap. 78. two shillings and -sixpence for every renewal thereof. And
" no pilot shall lend or transfer his certificate under a penalty
of five pounds.
Bye-iaw8 may 4. The Commissioners may from time to time estabhsh
eommfflBioners. bye-laws for the further regulation of pilots, and for extra
remuneration in cases of any extraordinary nature, and for
the adjustment and decision of questions arising between
masters of vessels, pilots, and others, respecting pilotage ;
and also respecting the salvage of anchors and cables ; and
may annex penalties for enforcing the same ; but no bye-
law shall be in force until approved by the governor in
council.
Bflgniotions re- 5. Every licensed pilot shall carry sxtch flag, and have
and boats i*fne his boat marked and rigged in such manner as the commis-
for disobeying, gigners shall direct, under a penalty not exceeding twenty
nor less than five shillings ; and every unlicensed person
carrying such flag shall forfeit ten pounds.
Penalty for 6. No pilot shall be taken to sea against his will, under
taking pilot to jj penalty of twenty -five pounds on the master of the vessel,
except when through stress of weather the same is unavoid-
able ; in which case he shall be entitled to receive' from the
master or owner of the vessel five pounds a month for time
lost, and shall also be provided with a passage home at the
expense of such master or owner from the first port which
the vessel shall enter where the same can be obtained.
Pilots detained 7. If any licensed pilot shall be detained on board any
choredfont.tiod vesscl after the day of the arrival and anchoring thereof, he
t« wages. shall be paid five shillings a day, in addition to his food,
whether the detention be caused by quarantine regulations
or otherwise.
Unlicensed g. Any Unlicensed person, other than the master, taking
surrender" ves- charge of any vesscl as a pilot, shall surrender the guidance
pilots. '^"®°'°^ thereof, under a penalty of five pounds, to the first licensed
pilot who shall hail her at the respective distances herein-
after mentioned, from the several harbors following, viz : —
at Halifax, southward of Herring Cove or Thrum Cap ; at
Sydney, outside of Low Point and Cranberry Head ; at
Pictou, outside of the light house ; at Antigonishe, outside
the Bar ; at Saint Mary's, one mile outside of Wedge Island ;
.at Wallace, Pugwash, Tatamagouche and Point Bruley,
more than one mile from the mouth of the harbors respec-
tively ; and at Arichat, eastwardly two miles west from
Green Island, and westwardly outside of Madame Island
Point.
Licensed pilots 9. If the sorvices of the licensed pilot so hailing such
but relised'^en- vesscl shall not be accepted, or the master shall afterwards
ftesip'^cmed ^take another pilot, the licensed pilot who first ofiered shall
another pii«t "be be paid half pilotage by siich master, except at Halifax,
where he shall receive one-third only, if the vessel be owned
in this province, or in any other part of her majesty's domi-
nions, or be British built, and half pilotage on all other vea-
TITLE XXI.] PILOTAGE, HARBORS AND HARBOR MASTERS. 297
sels. And during the months of November, December, Chap. 78.
January, February and March, the master of any vessel
approaching the port of Halifax, shall pay such pilot two-
thirds of the pilotage, if his services shall not be accepted.
10. The master of any vessel approaching any of the Fine for not
beforementioned harbors, when hailed within a reasonable Ac°whcn°fau'ek
distance by a licensed pilot with his flag flying, shall shorten ^7^^^ Uoenscd
sail, haul to, or use other means, as circumstances will per-
mit, to facilitate the pilot's boarding, under a penalty of
forty shillings.
11. A master requiring a pilot to take his vessel out of ^*i*<'''?'>°'st-
any of the beforementioned harbors, shall, if a British ves- take ship out of
sel, hoist the union jack, or if a foreign vessel, such flag as censed pilots"
as is usually worn thereby, at the foretop-gallant-mast-head, 'thera offiir" "^
and therp continue the same for twelve hours during day-
light, before the time of sailing ; and if in the meantime no
licensed pilot shall offer himself, the master may employ
any person he may think fit to pilot the vessel outwards.
12. Any unlicensed person who shall take charge of Suchnniioensed
euch vessel, shall surrender the guidance thereof to the first Ser" toe* vessel
licensed pilot who shall board her within the time specified lot^offerffg.*^^'"
in the last section, under a penalty of five pounds, if such
vessel be bound from the port of Halifax, and three pounds
if bound from any other port.
13. Where a licensed pilot shall have conducted a vessel Pilot inward, to
inwards, and shall offer his services to pilot her outwards, he ^ffer,"as a.
and shall be in attendance, ready and willing so to do, when P^o' outward,
euch vessel is ready for sea, he shall be preferred to any
other licensed pilot ; and if his services be declined, he shall
be entitled to the proportion of pilotage prescribed by
the ninth section ; and if the pilot who conducted her in-
wards shall not have tendered his services, then any licensed
pilot who shall first oflfer himself within the time specified,
in the eleventh section, shall be entitled to the same pro-
portion of pilotage, if his services shall not be accepted.
14. The following vessels shall be exempted from pilot- vessels when
age : — rvessels owned in the province and employed in the pi£™/g^ ^°'^
coasting trade or fishery, except whalers, and all vessels
under eighty tons burthen coming from any part of her
majesty's dominions, and all her majesty's ships of war;
but no vessel voluntarily taking a pilot on board shall be
exempted from pilotage; nor shall any vessel not spoken by
a licensed pilot at the distances from the respective harbors
prescribed by the eighth section be subject thereto.
15. Nothing in this chapter contained shall deprive any Any person
person who may act as a pilot, in the absence of a licensed Xe^eVfVii-
pilot, from receiving payment for his services, according to "eMTve'fees"'"^
the tables of rates in the schedule.
16. The sessions upon the recommendation of the grand Harbor master,
jury, may from time to time appoint and license one fit and &o.
proper person to be harbor master for any harbor within
298 PILOT AGI^ HAEBOES AND HAEBOE MASTERS. [PAET I.
Chap. 78. any county or district where it shall be jv.Aged by the ses-
sions that the services of snch officer may be required, and
shall prescribe the duties of such harbor masters, and the
limits of the harbors over which their anthority shall extend.
Amount of fbe^ 17. The sessions shall fix' and determine the amount of
rmine ^^^^ ^^ ^^ p^.^ ^^ harbor masters, by vessels entering such
harbors, provided they shall not exceed the fees payable at
Sydney under schednle B. Vessels engaged in the coasting
trade and in fishing shall be exempt from snch fees. But
the sessions shall have no power to establish fees in respect
of any navigable river which forms the dividing line between
two counties.
Spa^iITKiTw 18- The governor in conncll shall appoint for each of
iiarborjmasters the barbors of Bridgeport and Spanish River, in the island
the governor in of Cape-Breton, onc fit person to be harbor master thereof.,
HarbM masters ^^' Harbor masters heretofore appointed (except in the
to sontinue in harbors of Sydney and Bridgeport) shall contine in office
Office, how long, ^^^y xmtil others shall be appointed in their place, or until
they shall be reappointed under the provisions of this
chapter.
Powers and du- 20. The sessions shall also make regulations for the
retative'to^'an- ^nchorage of vessels, and establish convenient and proper
chorage, bai- places for vessels to discharge their ballast at ; and may
wharves, 'la., make agreements with persons for erecting wharves and
of bye-iaws^'"^ Other conveniencies for such vessels to discharge their bal-
last upon, and may make bye-laws to compel vessels to dis-
charge their ballast upon such wharves, or at such other
places as they may appoint, and for allowing masters of
vessels a reasonable time for disposing of or selling such
ballast ; and may affix penalties not exceeding ten pounds
for breach of any such regulation or bye-law.
wharfogo, how 21. The rates of wharfage to be paid by vessels using
coUwtod!*' *"'* the wharves and other conveniencies mentioned in the pro-
ceeding section, shall be established by the sessions, and
may be recovered as a private debt.
Buoys, &o., 22. The general or any special sessions shall from time
Eafdtae"them' ^° *'°^® direct as many buoys and other marks to be placed
penaitieB, &a. ' in and about the various bays and barbors, in their respec-
tive counties as to them may appear necessary for the safety
of the shipping and the convenient navigation of those har-
bors respectively ; and shall make regulations for the main-
tenance of siich buoys and marks as well as of any buoys
and marks heretofore placed or erected, or which may here-
after be erected by private enterprize or at the public
expense, and may authorize the harbor masters to carry the
same into efiectjand may affix penalties for breach of any such
regulations not to exceed five pounds for any one offence.
Buoys. 4e., how 23. The Sessions may appropriate such part of the fees
kept in repair, collected by harbor masters as they see fit to the procuring,
placing, erectinj.', and keeping in repair of buoys and water
marks in the harbor, where such fees are collected.
TITLE XXI.] PILOTAGE, HARBORS AND HARBOR MASTERS, 299
24. The sessions may, by reguktions to that effect, Chap. 78.
authorize the imposition of fipe» upon harbor masters for ^i^,
neglect of duty, not to exceed forty shillings for any one
offence, to be sued for and recovered as other penalties are.
25. The sessions shall appropriate out of the district Funds foroarry-
funds at Saint Mary's, and out of the license funds at Anti- gu!atiins?how
gonishe, the sums necessary for the purposes of the twenty- raised,
second section, which shall be repaid by a regular rate, to
be by them established from time to time, upon the different
vessels coming into the respective harbors, according to the
tonnage thereof; which rates shall be collected by the
harbor master, and paid over to the district treasurer.
26. At Saint Mary's, the last preceding section shall not ^ertSS* rSseis
apply to vessels exempted from the payment of harbor at Saint Marys,
dues.
27. It shall be the duty of the harbor masters to pro- violation of re-
secute all persons violating the regulations or bye-laws of posciutedV*
their respective harbors. Barber master.
28. No regulation or bye-law to be made by the sessions ^nf b'^e'S'^ '
under this chapter shall be in force until approved by the JseapproVedV
governor in council. _ foS" '"
29. Any person feeling aggrieved by any regulation or Relief to party
bye-law, may complain thereof on affidavit to the supreme appiloltion^o
court in the county, and the court shall inquire into the supreme court,
complaint ; and if it appear that the regulation or bye-law
is contrary to law or oppressive, shall annul the same ; and
the sessions shall not afterwards make any regulation or
bye-law to the same effect.
30. The sessions shall from time to time appropriate out Antigonishtow-
of the district funds, sufficient sums to keep in repair the paired. °^
tow-path of the harbor of Antigonishe.
31. No person shall take away any stones or ballast from rish Point bar
the bar or beach called Pish Point, on the western side of p^'^"**^-
the harbor of Cape Porchu, in the county of Yarmouth,
under a penalty not exceeding five, nor less than three
pounds.
32. The harbor master of Spanish River shall furnish Licensed pi;iot»
copies of the regulations made by the sessions, by virtue tobe*fti'rai°he^d'
of the twentieth section, to the licensed pilots of the harbor, "4*h'rSgui"a'^'^'
who shall give a copy thereof to the master or commander tions to awp-
of every vessel which they shall take in charge.
33. The rates of pilotage to be received by the licensed Rates of pilot-
pilots for conducting vessels into or out of the respective bf'sohelilao a.
harbors shall be according to the table in schedule A. ; and
any pilot exacting or attempting to exact a larger sum for
his services, or taking a less sum therefor, shall for every
offence forfeit two pounds, and shall also refund any excess
so received.
34. The fees to be taken by harbor masters shall be at ^^l^"^^^^l'''
the rates in schedule B., according to the registered tonnage by schedule b.
of the vessels entering the harbors ; but vessels bound to-
£2 0
0
2 10
0
3 0
0
3 10
0
2 0
0
2 10
0
3 0
0
300 PILOTAGE, HARBORS AND HARBOR MASTERS. [PART I.
Chap. 78. and from the Bras d'Or Lake and calling at Sydnej', but not
discharging ballast in Sydney harbor, shall not be liable
to pay any harbor master's fees at the latter place.
Uaiifax except- 35. The county of Halifax is excepted from the opera-
*'^- tion of sections 16, 17, 19, 22, 23, and 24 of this chapter.
SCHEDULES.
A.
Rates op Pilotage.
At Halifax.
For vessels of 200 tons and under,
" " from 200 tons to 300 tons,
" " " 300 " to 400 "
" " of 400 " and upwards.
On her majesty's ships under 6th rates,
" " " of 4th, 5th, and 6th rates,
" " " of the line,
If any vessel be boarded north of Herring Cove or Thrum
Cap, the rate shall be one fourth less.
At Sydney.
For vessels under 100 tons, to Sydney town.
Plant's bar.
From 100 to 150 tons, to Sydney town.
Plant's bar,
150 to 200 tons, to Sydney town.
Plant's bar,
200 to 250 tons, to Sydney town.
Plant's bar,
250 to 300 tons, to Sydney town.
Plant's bar,
300 to 350 tons, to Sydney town.
Plant's bar,
350 to 400 tons, to Sydney town.
Plant's bar,
And for every additional fifty tons to Sydney town ten
shillings, and to Plant's bar five shillings.
At Pietou, Pugtvash, Wallace, Antigonvihe, Arichat, Tata-
magouche, and Point Bruley :
For vessels of 80 tons and under 140 tons,
" " 140 " " 240 "
" " 240 " " 300 "
" " 300 " and upwards.
And on all vessels under eighty tons three pence per ton.
£1 7
6
1 0
0
1 12
6
1 5
0
'1 17
6
1 10
0
2 5
0
1 15
0
2 10
0
2 0
0
2 15
0
2 5
0
3 0
0
2 10
0
£1 10
0
2 0
0
2 10
0
3 0
0
TITLE XXI.]
PARTNERSHIPS.
At St. 3Iary's.
301
Chap. 79.
Three shillings and six pence for every foot of the draught
of water of each vessel.
B.
Harboh Mastbb's Fees.
At Sydney and Bridgeport.
For vessels not exceeding 100 tons, <£0 5 0
For vessels exceeding 100 and under 200 tons 0 10 0
For vessels exceeding 200 and iinder 300 tons 10 0
For vessels exceeding 300 tons 15 0
Vessels engaged in the coasting and fishing trade to be
exempt from the payment of any fee.
At Pictou, Pugwash, Wallace, Tatamagouche, and Point
Bruley.
One half-penny per ton on all vessels not under forty tons.
At St. Mary's.
For vessels exceeding 100 and under 150 tons, £0 5 0
For vessels exceeding 150 and under 250 tons, 0 10 0
For vessels exceeding 250 tons 10 0
Vessels engaged in the coasting and fishing trade, and all
other vessels resorting to the harbor for shelter, wood,
water, or provisions, and not anchoring within the bar, to
be exempt from the payment of any fee.
At Antigonishe.
The fees to be established by the sessions.
CHAPTER 79.
OF PARTNERSHIPS.
1. In cases of partnership were two partners only are
concerned, and their partnership shall have terminated,
either of them may file a petiton in the supreme court,
stating the facts respecting their dealings, and praying the
aid of the court. A writ of summons shall thereupon issue
commanding the appearance of the partner complained of
at the next term, in the county where the petition is filed,
to answer the same.
2. A copy of the petition shall be served on the partner
complained of, at the time of the service of the summons,
or within a convenient time before the returii day thereof.
When oo-parf-
nership has ter-
minated, mem-
bers may pro-
ceed against
each other in
supreme court
in certain cases
by petition and
summons.
Copy of petition
and summons tK>
be served.
302 PARTNEKSHIPS. [PART I.
Chap. 79. 3^ Qq ^j^g return of the summons, if it shall be shewn
Court may pro- to the court that the partnership consisted of two persons
order Lbitra-" Only, the court shall, by rule, direct each partner to select
*""■ one fit person as an arbitrator between them,
point' "rtitral ■*• ^^ *^® partners do not, within the time specified by
tors where par- the court, sclcct two such persons, the court shall appoint
les neg eo . ^^^ persons to act as arbitrators.
Arbitrators 5. The two persons so appointed shall select one other
tiifrd person. * person, and they, with such person, shall be arbitrators to
examine and settle the partnership dealings.
Arbitrators to (J. The arbitrators before commencing such examination,
of oath. ' shall make, before a judge or commissioner, the follow-
ing aflSdavit, which shall be filed in the prothonotary's
office.
We, A. B. C. D. and E. F. do hereby solemnly swear
honestly and fairly to settle the partnership accounts and
dealings of G. H. and J. L. to the best of our knowledge
and ability.
Sworn at before me this day of 18 — .
G. H., J. P.
A. B.
CD.
E. P.
Mode of pro- 7. The arbitrators shall then order the production of all
trat'ors^preYori- ^ooks, papers and accounts, relative to the partnership deal-
bed, ings, and shall appoint such times and places as may appear
expedient for the investigation of the partnership dealings^
and the examination of the partners and their witnesses.
If either of the partners, after due notice, shall fail to
attend, the arbitrators shall proceed exparte.
Power to en- 8. Witnesses shall be summoned to attend before the
ancl o'/wft-" arbitrators by subpoena in the usual form ; and if, upon
nesses. being duly summoned, they shall neglect to attend and give
evidence, they shall be liable to the same penalties as wit-
nesses are subject to who neglect to attend the supreme
court on silbpcBua; and the supreme court, on application
to them for that purpose, shall enforce the same.
Parties and wit- 9. The arbitrators shall examine the partners and their
amined ; award witucsses upon oath, to be administered by any one of the
judgment 'how arbitrators, and shall make an award in favor of such party,
entered. as they Or two of them, shall find justly entitled thereto,
which shall be filed in the prothonotary's office, and judg-
ment shall be entered for the amount thereof, with or with-
out costs, as directed by the arbitrators in their award, at
the next term if no sufficient objection be made thereto.
Execution to is- 10. Execution may be issued on such judgment in the
expensoI'Vom usual course, and the arbitrators, or any two of them, shall
reMTorabio''"^ ^^^^ power to direct the costs of the proceedings, inclu-
ding reasonable compensation for their services, to be taxed
and allowed by the court, to be paid by either of the part-
ners, and in such manner as the arbitrators, or any two of
TITLE XSI.] ■ PARTNERSHIPS. 303
them, shall direct ; and the court shall enforce such payment Chap. 79.
by attachment or otherwise.
11. Neither of the partners shall after such adjudication Jndgmontwiien
commence any proceedings in equity touching the partner- |°^™<'»''''ii'>«
ship dealings, and the judgment of the supreme court under
the above provisionB, shall be final.
12. Two or more persons may enter into and form Limited part-
limited partnerships for the transaction of mercantile, me- {Jfrme'J!"' ^°^
chanical, or manufacturing business, upon the terms, with
the rights and powers, and subject to the conditions and
liabilities herein prescribed. Nothing herein shall authorize
'any such partnership to engage in any banking operation, or
to become insurers upon any marine risk, or upon loss bj' fire,
or upon any life. Such partnerships may consist of one or
more persons called general partners, who shall be respon-
sible as general partners now are, and of one or more per-
sons, who shall contribute in actual cash payments a specific
sum as capital to the common stock, called special partners.
Special partners shall not be liable for the debts of the
partnership beyond the fund so contributed by them to the
capital, except in cases hereafter mentioned. The general
partners only shall be authorized to transact the business of
the partnersnip, and bind the same by the signature of the
partnership name or otherwise.
13. Persons desirous of forming such partnerships shall. Certificates and
before the same shall go into operation, make and severally prooeod°ngs in
sign a certificate, containing the name of the firm under parLersulp'.***
which such partnership is to be conducted, the nati;re of
the business to be transacted, the names of all the partners
interested therein, distinguishing which are general and
which special partners, and their respective places of
residence, the amount of capital which each special part-
ner shall have contributed to the common stock, the
period at which the partnership is to commence, and at
which it will terminate. Such certificate shall be acknow-
ledged by the several persons signing the same before a
judge of the supreme court or justice of the peace, and
such acknowledgment shall be certified in writing on such
certificate by the person before whom the same is made.
The certificate so acknowledged and certified shall be filed
in the office of the registrar of deeds, where the principal
place of business of the partnership shall be situated, and
shall be recorded by him at large in a book to be kept for
that purpose, "open to public inspection ; and if the partner-
ship shall have places of business situated in different
counties or districts, a transcript of the certificate and of
the acknowledgment thereof, duly certified by such regis-
trar, shall be filed and recorded in like manner in the office
of the registrar of every such county or district.
14. An affidavit of one or more of the general partners, brTwufe'l* '' '
and also one or more of the special partners,, shall also at under eaUi.
364 PAETNEESHIPS. [PAET I.
Chap. 79, the same time be filed in the same office, stating that the
sums specified in the certificate to have been contributed
by each of the special partners to the common stock, have
been actually and in good faith paid in cash ; and no such
partnership shall be deemed to have been formed until a
certificate shall have been made, acknowledged, filed, and
recorded, and an affidavit filed as above directed ; and if
any false statement be made in such certificate or affidavit
all persons interested in such partnership shall be liable as
general partners.
Publication in 15. The torms of cvcry such partnership, when regis-
"rhttnawms""^ tered, shall immediately be published at least six weeks in
Booessary. ^j^g royal gazette and one other newspaper published in
Halifax, and by handbills posted up in some public places in
the township in which the business of the partnership shall
be carried on. If such publication be not so made, such
partnership shall be deemed general. Affidavits taken before
a justice, of the publication of such notice by the printers
of newspapers who shall have published the same, and by
the persons who shall have posted the hand-bills, may be
filed with the register, with whom the certificate of the
partnership shall havebeenfiled, and shall be evidence thereof.
Renewals of li- 16. Every renewal or continuance of such partnership
siiips how prol beyond the time originally fixed for its duration shall be
Tided for. certified, acknowledged, and recorded, and an affidavit of a
general and special partner made and filed, and notice given
in the manner herein required for its original formation ;
every such partnership otherwise renewed or continued
shall be deemed a general partnership.
Alterations in i7_ Every alteration made in the names of the partners,
names of busi- , Kit. 'iii /»
ness to consti- the nature of the business, or the capital or shares thereof,
jiersiii/geiferai or in any other matter specified in the original certificate,
ro"newaT ""^^ °^ s'^^^l t)e deemed a dissolution of the partnership; and every
such partnership carried on after any alteration shall be
deemed a general partnership, unless renewed as a special
partnership according to the provisions of the foregoing
section.
Limited part- 18. The busiucss of the partnership shall be conducted
wbat't&ms"oQ- ^ndcr a firm in the names of the general partners only,
ducted. without the addition of the word company or any other
general term ; and any special partner whose name shall be
used in such firm, with his privity, shall be deemed a general
partner.
Actions to be in 19. Actions and suits at law and in equity in relation to
genial par"'" the business of the partnership may be brought and con-
ners. ductcd by aud against the general partners, as if there were
no special partners.
Regulations as 20. No part of the sum contributed by a special partner
andC^the distri- to the Capital stock shall be withdrawn by him, or paid or
bution of pro- transferred to him in the shape of dividends, profits or
otherwise, at any time during the continuance of the part-'
TITLE XXI.] PAETNEESHIP. 305
nership ; but a partner may annually receive lawful interest Chap. 79.
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 vt^ith interest.
21. A special partner may from time to time examine special part-
into the state and progress of the partnership concerns, and but^ttranlact
may advise as to their management, but he shall not trans- ^a^tneraw'^ **"*
act 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 part-
ners, for their management of the concern, both in law and
in equity, as other partners now are.
22. A partner guilty of any fraud in the aflairs of such Fraud in special
partnership shall be liable civilly to the party injured to the EowimniXl.
extent of the damage, and shall also be liable to an indicia
ment for a misdemeanor, punishable by fine or imprisonment,
or both, at the discretion of the court.
23. Every sale, assignment, or transfer of any of the Preferential as-
property or efl"ects of such partnership, or of a general or partnera to i«
special partner, made by such partnership or a general or |;ga1n™*cre<ii-
special partner, when insolvent or in contemplation of*""-
insolvency, with intent of giving a preference to any credi-
tor of such partnership or insolvent partner over other
creditors of such partnership, and every warrant of attor-
ney 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 partner-
ship. 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.
24. In case of the insolvency or bankruptcy of the part- credtors'eiainn
nership, no special partner shall under any circumstances, '" tho?e'^of'sp1j'!
be allowed to claim as a creditor until the claims of all clfe^Sf'insoi-"
other creditors of the partnership are satisfied. rency, &o.
25. No dissolution of such partnership by the acts of the Dieaoiutionhow
parties shall take place previous to the time specified in the ^^^''*^^-
certificate of its formation or in the certificate of its renewal,
until a notice of such dissolution shall have been filed and
recorded in the registrar's ofiice, in which the original cer-
tificate was recorded, and published once in each week for
four weeks in the royal gazette, and in some other news-
paper printed in Halifax, and by handbills in each of the
306 PACTOBS AND AGENTS. [PABT I.
Chap. 80. counties where the partnership may have places of
business.
CHAPTER 80.
OF FACTORS AND AGENTS.
Agent in posses. 1. Any agent entrusted with the possession of goods or
»hTt?tif thereof tbe documents of title thereto, shall be deemed the owner
B™F7/"?ed'e t'^6''®of) so as to render valid and binding upon all persons
them. interested therein any contract made with such person for
the purchase of such goods, or by way of pledge, lien, or
security for advances upon such goods or documents, or
for further or continuing advances thereon, although the
person making such purchase, or claiming such pledge or
lien, may have had notice that the person with whom such
contract is made is only an agent or factor ; provided such
contract be made in the ordinary course of business, and
such person shall not have notice at the time of making
such contract, that such agent is not authorized to sell the
goods and receive the purchase money, or to pledge such
goods.
Agent's powers 2. Any Contract for pledge, lien, or security made by an
oha^geofgoods agent entrusted with the possession of goods, or the docu-
or their titles, ments of title thereto, in consideration of the delivery or
transfer to him of other goods or documents of title or
negotiable securities on which the person delivering them
has at the time a valid lien for a previous advance by virtue
of some contract made with such agent, shall be as valid as
if the consideration therefor had been an advance of money;
but the lien required thereby shall not exceed the value at
the time, of the goods, documents of title, or negotiable
security delivered up and exchanged.
Contracts made 3. Such Contracts, loans, advances, and exchanges as are
Eoodfaffhto be made in good faith, and without notice that the agent making
fof^anteoldent ^^^^ contracts or agreements is acting without authority
debt invalid, or in bad faith, although with notice that such agent not
being the owner of the goods, are alone rendered valid here-
by and binding upon all persons interested therein. Nothing,
herein shall make valid any sale, lien, or pledge in respect
of an antecedent debt owing from an agent to the person to
whom such lien or pledge shall be given, or sale made, or
authorize an agent in deviating from any express orders or
authority received from the owners.
Doonments of 4. Any document used in the ordinary course of busi-
title defined. ^^^^ ^^ proof of the possession or control of goods, or
authorizing or purporting to authorize the holder to trans-
tiTLE XXI.] ■PACTOKS AND AGEllJTS. 307
for or receive goods thereby represented, shall be con- Chap. SO,
sidered a document of title within the Meaning hereof.
5. Any agent possessed of any such document, whether Possession of
, . , .' ° ,. i , ^ .1 "^ r 1. J documents of ti-
denved immediately trom the owner oi such goods or tie'possessioaof
obtained by reason of such agent's having been possessed ^'^'^
of the goods, or any other document of title thereto^ shall
be deemed to be possessed of the goods represented by
such document,
6. Any contract pledging or giving a lien upon such ^iifb°PJe°dge
document shall be deemed a pledge or lien upon the goods upon goods.
to which the same relates.
7. Such agent shall be deemed possessed of such goods Agenttobeoon-
, J ° 1 J 1 n 1 ■ 1 • J. 1 XI Sidered in pps-
or documents, whether the same be m his actual custody or session of goods,
be held by any other person subject to his control or on his tifey aTe ™nder
behalf. _ his control.
8. Where any advance is made to an agent possessed of AdTonce to an
goods or documents of title thereto on the faith of a con- ofgoo(ft,or their
tract in writing, to consign, deposit, transfer or deliver such agent^not* au-
documents, if such goods or documents shaM be received pjeJl^'^Jhen
by the person making such advance without notice that such heidva'ud •, con
J. iiT-'ji 1 1.1J -J. tracts by others
agent was not authorized to make such pledge or security, for agents held
such advance shall be deemed to be an advance on the ™^"'-
security of such goods or documents within the meaning
hereof, though such goods or documents shall not be recei-
ved by the person making the advance until a period sub-
sequent to such advance. Any contract, Avhether made
direct with such agent or with any person on his behalf,
shall be deemed to be made with such agent.
9. Any payment, whether by money or negotiable secu- be In money or
rity, shall be deemed an advance within the meaning negotiable se-
faereoi.
10. Any agent in possession of goods or the documents agenTof^oods,
of title thereto, shall be deemed entrusted therewith by the o? their title,'
, ', , . , . . T •' evidence of
owner, unless the contrary be shewn m evidence. agency.
■ 11. Any agent who shall, unauthorized by his principal, ~|,™g'i?ie'^|jf=
for his own benefit and in violation of good faith, make any guiity of a mis-
consignment, deposit, transfer or delivery of any goods or ®"'®*'""^-
documents of title so in his possession as a pledge or secu-
rity, or accept any advance on the faith of a contract to make'
any such consignment, deposit, transfer or delivery, shall
be guilty of a misdemeanor, and be imprisoned in the pro-
vincial penitentiary for a term not exceeding seven, nor less^
than two years, or be fined, or both, as the court' shall award.
12. Any person knowingly and wilfuUjr assisting in Acpessoriesaiso
making any such consignment, deposit, transferor delivery, lomeauor? ™'^
or accepting or procuring such advance, shall be guilty of
a misdemeanor, and shall be sentenced to any of the punish-
ments above mentioned as the court shall award.
13'. No agent shall be liable to prosecution for any such Agent may
° 1 ... p -St 1 pledge goods for
consignment, deposit, transier or delivery as above men- advances or »«-
tioned, for advances not greater than the ainount at the time "^'p'*""^^-
20
308 BILLS OF EXCHANGE AND PEOHISSORY NOTES. [PART I.
Chap. 81. thereof due to euch agent from his principal, together with
'■ the amount of any bills of exchange drawn by or on account
of such principal and accepted by wuch agent.
Conviction not 14. The conviction of any such agent shall not be eyi-
against agent; dence in any suit against him, and no agent shall be liable
eilwure/not ev!- *" ^^'^'^ conviction upon any evidence whatsoever, who shall
a^ent *^'''^'' previous to his indictmqnt have made disclosure upon oath
under compulsory process of any court in any action insti-
tuted in good faith by a party aggrieved.
Owner may re- 15. Nothing herein shall affect the right of the owner
pledged. to redeem such goods or documents of title so pledged,
before the sale thereof, upon repayment of the amount of
the lien thereon or restoration of the securities in respect
of which such lien exists, and on payment or satisfaction to
Euch agent, if by him required, of any amount in respect
of which he would be entitled to retain such goods or docu-
ments as against such owner; nor his right to recover from
any person to whom such goods or documents have been
pledged, or who maj' have a lien thereon, any proceeds of
the sale thereof remaining in his hands after deducting the
amount of such pledge or lien.
Proceedings an- 16. These provisions shall not, nor shall any conviction
der tliischapter ., .i^i i • rr-j
not to affect Or judgment under tnem lessen, or m any way anect any
at'iaworeliuity remedy at law or in equity which any person aggrieved
would have had against the offender if such provisions had
not been made.
CHAPTER 81.
OF BILLS OP EXCHANGE AND PE0MI3S0RT NOTES.
Damages and 1. A bill of exchange drawn by a person residing Within
^i^rVinl'™? the province and returned protested, shall, il drawn upon a
exchange. person residing within the province, be subject to six per
cent, per annum interest from the date of the protest to the
time of payment. If drawn upon a person in any pftrt of
North America without the province, it shall be subject to five
per cent, damages and six per cent, per annum interest from
the dateof the protest to the time of payment; and, if drawn
upon a iperson in any other country, it shall be subject to
ten per cent, damages and six per cent, per annum interest
from the date of the protest to the time of payment.
Promissory 2. A promissory note shall be assignable or endorsable in
b?l°° who^miS' th® same manner as an inland bill of exchange ; and the
sue 'tberoon. payee, or endorsee thereof, or the holder, where the note is
payable to bearer, may bring an action thereon in his own
name. *
TITLE XXI. j rsrrEREST, 309
3. A note in writing for a sum certain payable otherwise tlHAP. 82.
than in money, shall be held pi ima facie to be given for a Notes not pay-
valuable consideration, b«t shall not be negotiable. The ^relumed'W^e
amount of such note may be sued for and recovered as^ sitoaEm tut
if the amount thereof were payable unconditionally ia jo'^egatiaWe;
'■ '^ ** now recoTored.
money,
4. In an action brought upon s«ch note the amount only ^"y'^'uf^^ ''"^
payable thereunder shall be recoverable, vsrithout damages non-deiivery of
for the non-delivery of the articles enumerated therein, ttoned^n ^uch
CHAPTER 82,
OF INTEREST,
1. No person upon any contract, shall take directly or interest to bo 6
indirectly, for the loan of monies or goods, above the rate tractTreserving
of six per cent, per annum. All contracts whereby a greater ? Wgberrateto
. i ■ , ^ ■ J 1 1] T. -J J 11 ° to be void, and
rate oi interest is reserved, shall be void ; and all persons offender to for-
taking or receiving upon any contract or security a greater [ue. *™^^'' ^*"
rate, shall forfeit treble the value of the monies or
goods in such contract or security contracted for or
secured.
2. Any person may, nevertheless, contract for the loan Contracts re-
or hire of grain or live stock, upon halves or otherwise, o?iiveftoci™x*
upon the lender taking upon himself all risk of such stock; ««p*'*'1-
but if it shall appear that the same, or any part tiiereof,
perished, or was lost through the wilful neglect of the bor-
rower, he shall make good- to the lender the full value
/ thereof.
3. The foregoing provisions shall not extend to any Hypothecation
hypothecation or agreement in writing entered into for cepted!^ ^
money advanced upon the bottom of a ship or vessel, her
cargo or freight.
4. Upon all debts or sums certain payable at a certain interest may be
time, or otherwise, the jury, and the court where there is no tain'' oasis "for
jury, on the trial of an}^ issue or inquisition of damages, ^^ °^ P"^"
may, if they shall think fit, allow interest from the time " ; •
when such debts, or sums certain, were payable, if such
debts or sums be payable by virtue of some written instru-
ment at a certain time, or if payable otherwise, then from the
time when demand of payment shall have been made in
writing, such demand giving notice to the debtor that inter-
est will be claimed from the date thereof. '
5. The jury on the trial of any issue, or on any inquisi- Damages in tiie
tion of damages, may, if they shall think fit, give damages est "Say be w-
in the nature of interest above the value of the goods at ^Xonl!"'"'*'''
■ the time of the conversion or seizure, in all actions of trover,
310 cvmmsr. Ipast y,
ChaIp. 83. or trespass de bonis asportatis^ and above the money recover-
' able in all actions on policies of insurance.
Lidkation of \ 6. No prosecution for taking illegal interest sliall be-
takhTgiiiega,! Commenced but within twelve months from the time the
iaterest. offence'was eommitted.
^— --^^-, ^^' CHAPTEB Sa
©F CURKENe?.
Coins wMciiaa-8 1. The' ffeTeTail CToiiis hereafter men.tioraed shsll ber legal
Ld ^fhe*r°rtte tenders in discharge of any liability or demand^ at the
ofvaine. respective rates hereafter declared^ viz.:
<• ' «vt The gold coin of the United Kingdom called^a sovereign^,
.^u^^ being of full weighty at the rate of owj pound ateFHng,.or
i.^/f^' pjjg pownd five shillisigs cuirrency.
■^ The foreign gold coin called the doTibloon^ being of not
less Aveight than fotsr hmndred amd fifteen, grains, each con-
taining not less than three hundred aivd sixty grains of pure
gold, at and after the rate of three pouaets four shUlingS'
sterling, or four pounds currency.
The Peruvian, Mexican, Columbian, and old Spanish dol-
lar, being of the full weight of four handred and sixteen
' grains, and containing not less than three humdred and
seventy-three grains of pure silver, at the rate of four shil-
lings and two pence sterling, or five shillings and two pence
half-pence currency.
All British silver coins after the same rate as the sove-
reign in the same proportion as such respective coins bear
thereto.
And the copper coin legally current in the United King-
dom and that issued from the treasury of the province as
penny and half-penny pieces currency.
Amount of Bri- 2. No person shall be compelled to receive at any one
La'^be toSi'S ^^"^ ^ greater amount than fifty shillings currency in British
ed at onetime, silver money, nor more than twelve pence currency in co^^
tXc^ if" per money ; and, in any payment, no account shall be taken
lf(e-^- -3 of any fractional part remaining due less than one half-
penny.
Bankers' notes 3. The holder of any undertaking or order for the pay-
pSyaMe^in gold ment of money, which is designed to be, and to serve the
or silver, and like purposo of notes or bills of bankers, or for circulating
afte/demami. ' Currency, whether payable to a real or fictitious person or
to the bearer thereof, or purporting to be, transferable by
endorsement or delivery, and whether made payable in gold
or silver or otherwise, may demand the full amount thereof
in gold or silver money from the party by whom the same
"SITLE SXI.] IHLLS ASTD MILLERS. 311
is payable ; aad in default of such paj'^ment the party shall Chap. 84.
pay to such holder iaterest at the rate of twelve per cent
per anmum Tspou thft amoumt thereoi from the day of such
demand and refasal.
4. Every sach undertaking shall be tramsferablfe by suoh notes to
delivery only without eTsdorsememt or assignment; and bydeUrfry^nd
every helder ef such usdertaking may recover the amount tiwi°tioidoi-* ^^
therein expressed as if the same were a prouiisory note,
made absolutely payable in gold or silver money.
5. The holder of any such order or undertaking being Tiieiioictermay
indebted to the person being the maker thereof may tender no'te"'toThe''ma-
the same to such maker in or towards payment of such ^"^atf^ " ^*^'
debt for the full amount therein expressed.
6. Any person issuing as circulating currency any pro- Banknotes not
missory note, bank note or bill for a less sum than five flTepoSnds°and
pounds, shall, for every such offence, forfeit ten pounds ; gSe'de"'^ ^''^^''^
and any person issuing as circulating currency any promis-
sory note, bank note or bill, expressed to be payable other-
wise than in gold or silver money, shall, for every such
offence, forfeit a like sum.
7. The foregoing provisions shall not extend to treasury Treasury notes
notes of this province, nor to anj'- undertaking or order not ordersf bank ^
designed for circulation as currency, but bona fide drawn ^ssory^^no^es'
by any person upon his banker or amy other person ; nor °ot intended as
shall they prevent any person indebted in a sum less than
five pounds from making to his creditor a promisory note
or undertaking to pay such sum.
CHAPTER 84.
OP MILLS AND MILLER S.
1. The tolls to be taken by every miller for grinding toUs ror pind-
wheat, rye, barley, buckwheat, or indian corn, or for grind- refuYateid ' **"'
ing oats which are not kiln dried, shelled and sifted, shall
not exceed one sixteenth part, nor the tolls for kiln drying,
sheUing, grinding and sifting oats, one eighth part, of the
%vhole quantity brought to the mill to be ground.
2. Every miller shall receive for hailing barley one sixth Toils for huii-
of the quantity, and for bolting or sifting flour or meal infflourfic?""
ground at his mill, one pint out of each bushel of grain or
corn so ground.
3. ~ The quantity of grain or corn to be ground, shall be Quantity of
, ■ , Tj 11 ° ' grain, how as-
ascertamed by a sealed measure. certained.
4. A miller demanding or taking any larger toll than is Kne for taking
hereby aUowed, shall forfeit forty shillings for every such megaiTou.*'"^
312 PEOVISION^S, LUMBER, FUEL, ETC. [FART I:
Chap. 85. oifence, and shall pay the owner the full value of the grain
or meal taken beyond the prescribed toll.
Fine for rofa- 5. A miller refusing to grind any grain or com, or to
Aofsteanfmuis hull any barley which shall be in good order, or to bolt or
when excepted, gjf^. ^y Q^^^ qj. mgal, having the requisite machinery there-
for, shall forfeit iorty shillings for every offence ; but the
proprietor or manager of any steam mill may refuse to
receive or to grind any grain or corn, or to hull any barley,
and shall not be subject to the above penalty therefor, unless
he shall first receive and afterwards refuse to grind such
grain or corn, or to hull such barley.
Miefs^to^keep 6. Every miller shall have in his mill, erected in a con-
weights in muis venient place, properly fitted and provided, a good and
of five pran'ds.^ Sufficient beam and scales with proper legal weights, for the
use of persons requiring grain or corn to be ground at such
mill, and in default, shall, for every such offence, forfeit five
pounds.
CHAPTER 85.
OF THE REGULATION AHD INSPECTION OF PROVISIONS, LUMBER,
FUEL, ANj> other MERCHANDIZE.
All fish to be 1. All pickled fish intended for exportation in tierces,
inspected, &o. ijarrels, or half barrels, shall be inspected, weighed, and
branded, in accordance with this chapter, by a chief or
deputy inspector, duly appointed and sworn.
Appointment of 2. The govemor in council shall appoint in and for every
ciiief inspector, county a chief inspector of pickled fish, who shall be sworn
Bond,&o. into office, and shall give a bond, with two sureties, in five
hundred pounds, to her majesty, for the faithful discharge
of his duty.
Appointmentof S. Every chief inspector shall appoint 3 sufficient num-
deputies, &c. ijQj. of deputies, to act under him during pleasure, whose
duty it shall be to carry out faithfully the provisions of this
chapter. And he shall be responsible for their official con-
duct, and shall take a bond from each of them, in one hun-
dred pounds, with two sureties, and every such deputy
shall be sworn to the faithful discharge of his duty.
On any chief inspector ceasing to hold his office, such
bonds shall be deemed to be assigned to his successor, and
the deputies shall become and be the deputies of such suc-
cessor. Deputies already in office shall remain until re-
moved.
fpe"ot'/s not'"- . t\ j^2^ person who shall inspect or brand any cask of
duiyappointed. pickled hsh Without being duly appointed and sworn shall
be liable to a penalty of five pounds for every cask inspected
or branded by him.
TITLE XXI.] PROVISIONS, LDMBEE, FUEL, ETC. 313:
PACKAGES. ChAP.BS.
5. All tierces, barrels, and half-barrels, in which pickled J'^™®]''/^^^^ . ^
fish is intended to be packed, shall be made of sound well what materials
seasoned split or sawed staves, free from sap, and in no case '** '"' "^^'
to be of hemlock ; and the heading shall be of hardwood,
pine, or spruce free from sap, and planed on the outsides,
and shall be at least three quarters of an inch in thickness ;
the staves shall be five-eights of an inch in thickness ; staves
for salmon and mackerel barrels shall be twenty-eight inches
in length, and the heads between the chimes seventeen
inches. Staves for barrels for herring and alewives twenty
seven inches in length, and the heads between the chimes
shall be sixteen inches. The bung stave of all packages
shall be of hardwood, and all casks shall be hooped one-
third of their whole le^igth from each chime, with sound
good hoops, of not less than one inch in width, at the large
end for all tierces and barrels, and in no case to be of alder.
The makers of all tierces, barrels, and half barrels, shall Package to be
brand the initials of their christian names, and their whole maker,
surname, at or near the bung stave, under a penalty of two
shillings and six-pence, for every package not so branded.
6. The qualities of pickled fish shall be classed as
follows :
SALMON.
Salmon to be branded "No. 1" shall consist of the largest, salmon, No. i.
best, and fattest kind, being well split, the blood being well
washed out before being salted, well cured, in the best con-
dition, and in everji" respect free from taint, rust, or damage
of anj;^ kind.
Those branded "No. 2" shall comprehend the best salmon No. a
that remain after the selection of the first quality, and shall
be good sound fish, well split and cured, in good condition,
and in every respect free from taint, rust, or damage of any
kind.
Those to be branded "No. 3" shall consist of those that No. 3.
rero.ain after the selection of the two first qualities, but
lo.uEi be good fish, and in every respect free from taint or
rust.
MACKEREL.
Mackerel to be branded "No. 1" shall consist of the best' Maokerei,No. i.
and fattest mackerel, being well split, having the blood well
washed out before being Salted, well cured, in the best con-
dition, and free from taint, rust, or damage of any kind.
And shail measure not less than fifteen inches from the ex-
treraity of the head to the crotch, or fork of the tail.
Those to be branded "No. 2 large," shall comprehend the No. 2.
bast mackerel- that ' remain after the selection of the first-
quality, and shall be properly split alid washed, well cured,
314
PEOVISIOirS, LiaiDEE, FUEL, ETC.
[part J.
Medium No. 2.
No. 3.
Medium Ko. 3.
"Small."
So. 4
"Sour."
Chap. 85. and in every respect free from taint, rust or damage of any
" kind, and shall measure not less than thirteen inches from the
extremity of the head to the crotch of the tail. All those of
the same kind and quality measuring from eleven to thir-
teen inches as above described shall be branded " No. 2."
Those to be branded "No. 3 large," shall consist of
good sound large mackerel, properly washed, well cured,
and free from taint, rust, or damage of any kind, and shall
measure fourteen inches and upwards from the extremity
of the head to the crotch of the tail. All those that mea-
sure from eleven to fourteen inches shall be branded
"No. 3."
All mackerel under eleven inches in length, of good sound
quality, and free from taint, rust, or damage of any kind,
shall be branded with the word "small," in place of a
number.
All short, sunburnt, or ragged mackerel of whatever class,
and not otherwise defective, shall be branded '■ No. 4."
All sour mackerel of whatever class, shall be branded
with the word " sour," in addition to other brands. y
HEEEING ANO ALEWIVES.
Herring, No. 1. Herring or alewives to be branded " No. 1," shall consist
of the largest and best fish. And those to be branded
"No. 2" shall be the smaller and inferior description. Both
qualities shall be well cleansed and cured, and in every
respect free from taint, rust, or damage of any kind.
All ripped herring shall be branded with the word " split"
in addition to other brands.
All herring that are not gibbed shall be branded with the
word " gross," in addition to other brands.
All rusty fish of whatever kind or class shall be branded
with the word " rusty," in addition to other brands.
All fish known as pickled fish, that may be cured in bulk,
and afterwards packed in barrels, shall be branded with the
word " bulk," in addition to other brands.
Tainted or damaged fish of any class or kind, shall on no
account whatever, be permitted to pass inspection.
No. 2.
"Split."
' Kusty" fish.
Fish qured
" uulli.."
Tainted fish.
Ksh to be well
salted.
How packed.
7. All inspected pickled fish, whether ripped or other-
wise, shall have been well struck or salted, in the first
instance, and the qualities shall be those prescribed in the
sixth clause ; the fish shall be very carefully sorted, and
classed according to their respective numbers and qualities.
Each cask shall contain fish of the same kind and quality,
properly packed in separate layers, and on every laj'er of
fish so packed in the cask, a suflScient quantit}'- of suitable
salt shall be regularly placed; the quantity to be not
less than half a bushel for a barrel, and in like propor-
tion for other packages at the discretion of the inspector.
After the cask shall have been properly packed and headed
TITLE XXI.] PROVISIONS, LUMBER, FUEL, ETC. 315-
it shall be filled with clean pickle, sufficiently strong to float Chap. 85.
a fish of the kind packed. Herring and ale wives, ^ind gj^sks to be
all mackerel except No. 1 and No. 2, shall be packed with piokie."^ ^'
coarse salt.
8. Casks shall contain the quantity of fish hereinafter ^if^ *<> be
prescribed for each cask respectively. The fish shall be ^"^'^
carefully weighed, perfectly clear of the salt and pickle,
that is to say :
A tierce three hundred pounds. Tierce.
A barrel two hundred pounds. Barrel.
An half barrel one hundred pounds. - Half barrel.
9. There shall be branded on the head of every cask of what to be
pickled fish, in plain legible characters, after the same has cask. *
been inspected, classed, weighed and packed, in accord-
ance with this chapter, the description of the fish, the
number and the quality, the weight contained in the pack-
age, the initials of the christian name, and the whole sur-
name, of the chief or deputy inspector by whom the fish
was actually inspected, the name of the place where he acts
as inspector, the abridged name of the county, the letters
" N. S." for Nova Scotia, and the j'^ear of the inspection.
10. Every inspector who shall actually inspect and Fees.
brand any cask or package of pickled fish, or any cask or
package intbnded to contain pickled fish, in accordance
with all the provisions of this chapter, shall be entitled to
the following fees from the owner or the person who em-
ployed him.
For every tierce, seven and a half pence.
For every barrel, five pence.
For every half barrel, two and a half pence.
And for aU casks or packages intended to contain pickled
fish, one penny ; to be paid by the owner or person who
employed him.
11. The inspecting, classing, weighing, packing, and inspecting, &c.,
branding any cask or casks of pickled fish, shall be done in sight' of inspeo"
the immediate presence and sight of an inspector ; and any '"''■
inspector sufi"ering the same to be done, except in his Penalty.
immediate presence and sight, or who shall lend or suffer
his branding irons to be taken to be used, shall be liable to a
penalty of ten pounds for every offence.
'12. In every case, when it may become necessary, in Re-packing.
consequence of any casualty, to re-pack a cask of inspected
fish, such re-packing shall only be done by, or in the pre-
sence of, an inspector, if one be within five miles of the
place of re-packing ; and any other person attempting to Penalty.
re-pack or brand any such cask of pickled fish, shall be liable
to a penalty of five pounds, for every ofience.
13. Every chief inspector, by himself or deputy, shall inspector, &c.,
be obliged, without any unnecessary delay, to inspect all """
pickled fish, under the provisions of this chapter, when
called upon so to do, under a penalty of five pounds for
316 PROVISIONS, LUMBEK, FUEL, ETC. [PAET I.
Chap. 85. every default ; provided, that no inspector shall be obliged
Proviso. to proceed more than five miles from his place of residence
for that purpose ; nor shall any inspector be compelled to
act, unless at least ten packages shall be ready for inspeC' -
tion ; he shall likewise inspect all tierces, barrels, and half
barrels intended to contain the piclded fish that ha is called
upon to inspect, and condemn all such casks or packages ,
as shall not be made conformable to the provisions of this
chapter.
Penalty for in- 14. Whosver shall intermix, take out, or shift any in-
ing^fe"^'*'"" spected pickled fish, in or from any package thaL has been
" inspected, packed, and branded, or shall alter any brand on
any cask of pickled fish, after it has been branded by a
legally appointed inspector, cr shall re-fil] any package pre-
viously branded, or shift any head in any package, after it
has been inspected and branded, shall be liable to to penalty
of five pounds for every cask.
Penalty for ex- 15. Any persou who shali.export, or attempt to Gxport^
Erande^d^&o.""'' any package of pickled fish, not inspected and branded in
accordance with this chapter, shall lorfeit ten shillings for .
Vessel not ai- every package exported, or attempted to be exported. Any
lowed a clear- vessel that shall have on board any pickled fish, not legally
inspected and branded for the purpose, and with the intent
of exporting r.uch fish, contrary to the provisions of this
chapter, shall not be allowed a clearance until such pickled .
fish shall be relanded.
Deputies shau 16. The deputy inspectors shall account to the chief
fnspeotor^&o!^'^ inspectors, under whom they act, once in every three
months, or oftener if required, for all fish inspected by them,
and the fees therefor, and shall pay over to him one-fifth of
the same, and shall describe in their returns the different
kinds and qualities of fish inspected by them.
Keturn to pro- 17. Every chief inspector shall make a return to the
L'rylwhentob^e' provincial Secretary of all the pickled fish inspected by liim
made, &o. qj- jjjy deputy ; the same to be made up to the last days of
March, June, September and December, in each year, and
delivered within the month thereafter, under a penalty, of ^
five pounds for every month's neglect.
Re-inspection, 18. When any cask of pickled fish, branded by a deputy
*"■ inspector, shall prove unequal in quantity or quality to that
which may be indicated by the brand on the cask, or defi-,
cient in any of the requisites prescribed by this chapter, the
chief inspector may cause the same to be reinspected. And
if it appear that the defect arose from the condition of the
fish, or the bad quality of the cask, or the bad packing or
pickKng of the fish, at the time of the inspection, he may
recover the costs and charges of such reinspection from the
deputy v^ho branded the sarae.
peMiUe's™ "^ ^^- -^^^ actions for the recovery of penalties or damages
against inspec- on account of the miscouduct or neglect of any deputy
'""' inspector, may be prosecuted either against such deputy or
TITLE XXI.] PROVISIONS, LUMBER, FUEL, ETC; 317
the chief inspector under whom he acts, who shall have his Chap> 85.
remedy against the deputy, either upon the bond given by " '
him or by action on the case for damages ; and. in every such
action the judgment recovered against the chief inspector
shall be evidence of damages against euch deputy or his
sureties if the deputy shall have had due notice of the
action brought against the chief inspector.
20. All pecuniary penalties imposed by this chapter may Penalties how
be recovered by and in the name of any person who shall recoTered, &o.
sue for the same, and such penalties when recovered, shall
be for the use and benefit of the party sueing.
21. Actions against inspectors or their deputies, under Actions against
this chapter, shall be brought in the county where the where brought.
offence shall have been committed, and not elsewhere.
SMOKED HERRINGS.
22. The sessions in ever)'' county shall appoint inspec- Appointment of
tors of smoked herrings in all places where they may be '"^i'^^"'""-
required, and shall take a bond from all persons appointed,
in the sum of twenty pounds, with two sureties, for the
faithful discharge of their duty.
23. All smoked herrings intended for sale or exportation Must be weigh'
shall be culled, classed, weighed, and branded, by a legally ^d^jfji^speotor's
appointed inspector^ or in his immediate presence and
sight.
24. There shall be two qualities of smoked herrings^- No. i.
those to be branded "No. 1," shall comprehend the fattest
and best fish, and those to be branded "No. 2," the poorer. No. 2.
smaller, and inferior fish.
Both qualities shall be well cured and smoked, free from
taint, and not burnt or scorched.
All tainted, burnt, or scorched fish, and fish badly smoked "Re.use."
shall be considered refuse, and may be branded as such with-
out any other character. And every box of smoked herrings Weight of box.
shall contain twenty pounds of the qualities described.
25. Boxes intended to contain smoked herrings shall be Materials of
made of well seasoned boards, the sides, top, and bottom to sicns^e™'"'
be not less than half an inch in thickness, and the ends not
less than three q«arters of an inch in thickness; and .they
shall measure on the inside at least eighteen inches in length,
nine inches in breadth, and eight inches in depth ; they shall
be well nailed, and the tops or covers shall be planed or
shaved.
26. Boxes of smoked herrings, after having been care- Howirandod.
fully culled, classed, weighed and packed, shall bo branded
on the top or cover with the name of the inspector, his
place _ of residence, the quality of the fish, and the \vreight
contained in the box.
- 27. The fees for culling, classing, weighing, packing, and pees.
branding, shall be three pence per box ; and for culling,
318 PROVISIONS, LUMBER, FUEL, ETC. [PART I,
Chap. 86. classing, weighing, and branding only, shall be two pence
per box.
Penalty on in- 28. Any person acting as an inspector of smoked her-
pmnied""' °'^' rings, not legally appointed, shall forfeit five pounds for
every offence.
Penalty for in- 29. Any pcrson Counterfeiting or using the brands of
rmixms, c. ^^ inspector, or being accessor)' thereto, or who shall shift,
intermix, or take out any smoked herrings, or shall alter
any brand on any box of smoked herrings, that has been
packed and branded, shall be punished with fine or imprison-
ment, at the discretion of the court, before which he may
be convicted.
^™t*"Jfi*h *^t '^^' -^^y person exporting or attempting to export or
Erandeli. * "° Selling or offering for sale any box or boxes of smoked her-
rings, without being duly inspected and branded in accor-
dance with the provisions of this chapter, shall forfeit the
value thereof, but no such forfeiture shall exceed ten
pounds for any one offence.
Penalty for in- 31. Any inspector who shall inspect and brand any box
""""'"" of smoked herrings, not in accordance with the provisions
of this chapter, shall be liable to a penalty of two shillings
and six pence for every box so inspected and branded.
specting.
PISH OIL.
casksof fish oil, 32. On cvcry cask of fish oil guaged shall be branded,
or cut with a double iron, the initial letters of the christian
name of the guager, and the whole of his surname, and the
word "cod," " dog," "whale," "seal," or whatever word will
express the description of the contents.
Guager's duty 33. No guager shall be compelled to leave his residence
to guage a less quantity than five barrels ; and the fees for
guaging shall be at the rate of one shilling a puncheon, or
nine pence a barrel.
Fine upon gua^ 34. Any guager who shall falselv brand any cask of fish
ger for miscon- -i i ii j? ii ^ r -j. •
duct. , Oil, shall, tor every gallon, forfeit six pence.
Fine for acting 35. If any person shall act as a public guager of fish oil
without autho- without having been duly appointed and sworn, he shall for
nty. every offence, forfeit five pounds.
SALTED BEEP AND PORK.
d"sori^'tion *of ^^" '^^^^^ ^^^11 b® three qualities of salted beef and pork
inlpccted°beef respectively, which shall be designated " mess," " prime,"
and pork. ^^^ u ^argo." " Mess beef " shall comprehend all large and
fat beef of the first quality, without hocks, shins, or neck
pieces ; " prime beef," good and well fatted beef of the next
quality, each barrel containing one round at least, and not
more than two hocks or shins, and half the neck ; and
" cargo beef " inferior quality iDeef, each barrel containing
not more than three hocks or shins and half the neck.
" Mess pork" shall consist of the rib pieces of good fat
' hogs only ; " prime pork" of the next best pieces, with no
TITLE XXI.] PRO VISIONS, LUMBER, FUEL, ETC. 319
legs, and not more than three shoulders and twenty pounds Chap. 85.
ot head in any one barrel ; and " cargo pork" shall be fat '■
and merchantable, with no legs, and not more than fomr
shoulders and twenty-five pounds of head in a barrel.
The snouts above the tusks and the ears shall be cut oif all
the heads, and the brains and bloody grizzle taken o^t.
All pieces of pork shall, as nearly as possible, be cut square,
aiad mess pork as near as may be to the weight of four
pounds ; and no piece of prime or cargo pork shall exceed
twelve or be less than four pounds in weight.
37. The staves and heading of the casks in which salted oaska for paeic-
beef and pork respectively shall be packed for exportation, an^p^k; their
sliall be made of good seasoned hard wood, free from sap monsiona"'^ '^'"
and every other defect ; and each cask shall be secured with
two iron hoops, and fourteen ash^ oak, yellow birch, hickory,
or maple hoops ; and the casks to contain beef or pork for
home consumption shall be made either of the above descrip'
tions of hard wood, or of good seasoned spruce, with spruce
or hard wood heading, free from every defect, with hoops
similar in number and quality to those required for casks
intended for exportation, with the exception of the two
iron hoops, for which wooden ones may be substituted — ^the
heads in all cases to be made of good thick stuff, and the
hoops to be well set and drove. The dimensions of pork
and beef barrels shall be seventeen inches between the
chimes and twenty-eight - inches long, and shall not guage
less than twentyseven, nor more than thirty gallons. Half
barrels either for beef or pork, shall contain not less than
fourteen, nor more than fifteen gallons. *
38. Every barrel shall contain two hundred pounds nett Casks to eon-
weight of beef or pork, not less than three ounces of salt- ^efght oTmeat
petre, and, if pork, half a bushel of salt, and if beef, a peck tSn^de'crip"-^''
and a half of salt; the salt to be Turk's Island, Bahama tion.
Island, or Saint Ube's ; and every half barrel shall contain
one half the quantity and quality of beef or pork, salt and
saltpetre, above prescribed for each barrel respectively.
39. The inspectors and re-packers shall within the dis- Duty of inapec-
tricts assigned to them respectively, examine and sort all packers -/mode
salted beef and pork intended for exportation or sale, and "^ ^andiag.
see that the same, and the casks in which they are packed,
are of the qualities and dimensions hereinbefore in that
behalf prescribed, and shall brand on one of the heads of
each barrel the figures " 200," and " 100" on each half
barrel, and the words " mess," " prime" or " cargo" " beef
or " pork" as the case may be, the name of the inspector,
and the. place of. inspection or re-packing, at full length, in
plain legible characters; and they shall carefully secure
their branding irons, so as to put it out of the power of any
person tp use the same.
40.. No beef or pork shall be repacked until it has laid ^o''^'' '"^^epared
in s.alt fourteen days. for repacking.
duct.
320 PROVISIONS, LUMBER, FUEL, ETC. [PART 1.
Chap. 85. 41. The inspectors shall receive for inspecting or re-pack-
j^^JT^" ing each barrel of beef or pork one shilling, and seven pence
tors. " half-penny for each half barrel ; for putting on each hoop
wanting, two pence ; and for flagging, nailing, pegging and
pickling each barrel, seven pence half-penny; and for each
half barrel, five pence ; the owner to supply the salt.
Fine for misoon- 42. Any inspector or re-packer who shall inspect, re-pack
or brand any cask of salted beef or pork contrary to, or
shall in any way offend against these provisions, shall forfeit
forty shillings for every offence.
Finos for ex. 43. AH saltcd bccf Or pork, packed or re-packed, whether
speotei bee? or for home Consumption or exportation, shall be inspected,
pork. re-packed and branded in tlie manner hereinbefore pre-
scribed ; and any person who shall ship for exportation any-
salted beef or pork without being so inspected, shah forfeit
forty shillings for each cask ; and any master having the
same on board his vessel shall forfeit twenty shillings for
every cask.
Proceedings _ 44. If any iuspsctor or re-packer shall have reason to
rJsp^oionTiiat suspect that any salted beef or pork is shipped contrary to
Self o?po'rifhas ^he last soction, he may apply to a justice of the peace,
been shipped, assigning uudcr oath, the causes of his suspicion ; and the
justice, if he shall think the suspicion well grounded, shall
issue his warrant to the inspector to board and search the
vessel ; and if any salted beef or pork not inspected, re-
packed or branded, shall be found therein laden, any justice
of the peace., upon the application on oath of siich inspector,
shall direct his warrant to the sheriff or to any constable of
the county, commanding him to enter the vessel and cause
the same to be re-landed and delivered to the owner, upon
his paying all expenses of the warrant, search and re-land-
ing. Any person obstructing the search or re-landing, shall
forfeit fifty pounds,
^"tin^'^or'^^in- ^^- ^^ '"^^^J ps^^on shall take out of the cask, or shift or
termi^n^ re- intermix any salted beef or pork which has been duly
fMk? "^ °^ re-packed and branded, and shall load on board any vessel,
or sell the same, he shall forfeit fifty pounds.
INSPECTION OF FRESH BEEF.
Fresh beef i re- 46. Frcsh beef slaughtered in the province, and sold by
weigMngf&o. Weight at a stated price, shall, if required, be inspected and
weighed by an officer appointed for the purpose, to be
named" by the seller, who shall, at his discretion, make a fair
allowance to the purchaser for any loss he may sustain by
the same being weighed within four hours after the slaugh-
ter, or for any bruises found thereon, or to the seller, by
making compensation to him for what m4.y have been impro-
perly trimmed off or reduced in weight by the purchaser.
The hide and tallow shall, if the seller so require, be weighed
with the carcase, and paid for by the purchaser as for the
like quantity of beef; and it shall be imperative upon the
TITLE XXI.] FKOVISIONS, LUMBER, FUEL, ETC. 321
piirchaser to take such hide and tallow, under a penalty of Chap. 85.
twenty shillings for each carcase.
47. Nothing in the preceding section contained shall i-ive cattle and
prevent any person from selling or purchasing live cattle by font™ct'8'*''ex-
weight, nor shall extend to any contract with the govern- opemtimSust
ment or any public department. section.
48. Where no more than two carcases shall be inspected Officers' fees.
and weighed at one time, the officer shall receive nine pence
for each ; and where three or more, six pence for each.
49. The officers for every neglect of duty shall respec- Kne upon oai-
tively forfeit not less than two nor more than five pounds, of duty. "'^^^^"'
BREAD.
50. All bread intended for sale shall be marked in Roman Bread for sale
characters, with the initial letters of the grain of the flour °^ ™arkod
or meal of which it is made, and with the initials of the
christian and surname of the baker, and shall be also marked
with the weight thereof.
51. All bread intended for sale shall be made to the fol- Weight of
lowing weights respectively, and no other, viz : four pounds, "''^^^'
two pounds, one pound, and eight ounces.
52. No person shall sell any bread that shall not be Rne for seUing
marked in accordance with the fiftieth section ; and any b^e'adf'""^
person violating the same, by having in his possession, sell-
ing, or offering for sale, any bread not duly marked, shall
forfeit for every loaf not duly marked, not less than one nor
more than five shillings.
53. Every person selling bread shall keep a pair of scales h^"j°\^?f''°s
and weights, in order that the purchasers of such bread itee? scales and
may, if they require, have the same weighed. weights.
54. Any iustice of the peace, or constable authorized by Justices or con-
,1 J. r -J.- ii. 11 pj-T, ij. stables authori-
the warrant ol a justice, or the clerk oi the market, may zed may seize
visit the premises wherein bread is made or sold, and may gj""^ shmf'^of
search for and weigh all bread therein; and if any bread be I'^js?*' ^ ^°''-
found therein under the prescribed weight, or not marked
as herein directed, the same shall be seized, and on proof of
the fact before a justice, it shall be disposed of to poor per-
sons under the direction of such justice.
55. If any person shall obstruct or oppose the officer in Fine for oh-
making such searcher seizure, he shall forfeit not less than ''^^'i^s »ffi«er
twenty nor more than forty shillings.
56. Any person selling bread deficient in weight, and the Pine for selling
offence being proved by the same being weighed'within weight.*''™' °^
twenty-four hours after baking, before a justice, shall, unless
the deficiency appear to have been occasioned by some un-
avoidable accident, forfeit not less than six pence, nor more
than two shillings and six pence for every half ounce
deficient. ''
57. If any servant or journe-yman in the employ of a Fine for eer.
baker, shall offend against these provisions, he shall forfeit neymen'offend'-
not less than twenty nor more than forty shillings, and in '"S-
322 PEOVISIONS, LUMBER, FtTEL, ETC. [PART 1.
Chap. 85. default of payment he shall be imprisoned not less than
seven nor more than fourteen days.
Baker may be 58. If any baker shall pay any of the foregoing penalties
iiner^inoumd in consequence of the wilful neglect or default of his ser-
m^sooXo't'^^f vant or journeyman, any justice of the peace, upon the
sorvanta. application, of such baker, may cause the offender to be
brought before him, and order him to pay a reasonable sum
by way of recompense, and if he shall not comply with such
order may commit him to jail for a period not exceeding
a month.
Loaves made to 59. Thcse provisious shall uot apply to loaves made to
i'ng'"'le°ss''S order and rasped by the desire of the customer, nor to
iialf a pound, loaves Or cakcs sold, weighing less than half a pound.
excepted', limi- . n ■* i o i •* ini
tatton of suits. Prosecutious for breach of any such provisions shall be
commenced within three days after the offence committed.
GRAIN AND CORN.
Weight ofgrain gQ. Merchantable grain and corn shall be of the follow-
bushei.""' ^" ing weight per bushel, viz: wheat sixty pounds; foreign
barley, fifty two pounds, and if the produce of the province,
forty eight pounds : rye, fifty six pounds; Indian com, fifty
eight pounds ; oats, thirty four pounds ; and malt, thirty
nine pounds.
Wheat and bar- (51. All wheat and barley uot the produce of the pro-
pro'du'ced, to"be vincc shall be sold by weight, and the number of pounds
sold byweight. ^^ ^-j^^ ^^^^ scction established as the standard weight of a
bushel thereof respectively shall be deemed to represent a
bushel of such wheat or barley.
Grain sold ^on g2. All grain and corn sold on board of and intended to
livero'd ftom a be delivered from any vessel, shall be weighed and measured
w°e?ghed°and by a swom mcasurcr ; but grain or corn may be exported
"vTmmeasMer ^i' be sold in a storc without his intervention, unless the
purchaser require to have the same weighed or measured
by such officer.
ma?Sabi6 ™' ^^- ^^ ^^^ mcasurcr shall find the same heated, or in any
grain not to be other rcspect Unmarketable, he shall inform the purchaser,
of, unless byre- and shall not take any account thereof unless at the request
Ser."^ ^"'" of ttie purchaser.
Fees of mea- 64. The grain measurers shall receive from the seller for
mealures'!'*"^ inspecting and weighing or measuring grain, or corn, at the
rate of two shillings and six pence for every hundred
bushels. The measures used by them shall, in all cases, be
struck 'with a straight stick rounded at the edges.
Fines tor viola- 65. If any person shall sell or deliver any grain or corn,
Bions. ° ^"'"' in violation of these provisions, he shall forfeit six pence
for every bushel of such grain or corn.
Fine upon mea- 66. If any grain measurer shall undertake to attend the
conduct!'"^ ™^' weighing and measuring of gram or corn from more than
one vessel at the same time, or shall be guilty of any neglect
or derelection of his duty, he shall forfeit a sum not exceed-
ing five pounds for each offence.
TITLE XXI.] PROVISIONS, LUMBER, FUEL, ETC. 323
FLOUR AND MEAL. ChAP. 85.
67. All barrels and half barrels of floiir and meal brought Hour to be
into or offered for sale in the city of Halifax, or in any of weifiltoibar-
the counties, townships, or districts, for which weighers of "^^'*°-
flour and meal may be hereafter appointed, shall, before
being used or offered for sale, or carried out of the city or
any such county, township, or district, be Aveighed by one
of the weighers of flour and meal, and each barrel shall
contain not less than one hundred and ninet3^-six pounds
nett weight, and each half barrel not less than ninety-eight
pounds nett weight.
68. Every barrel or half barrel found to be of full ^o^blauded
weight, shall be branded by the weigher with the initials
of his christian name and his surname at full length, and
with figures denoting the nett weight — no barrel or half
barrel deficient in weight shall be branded until the importer
or owner shall have the deficiency supplied.
69. Every person sending from, or offering for sale Fine for selling
within the city of Halifax, or within any such county, town- ught of weitht,
ship, or district, any barrel or half barrel of flour or meal °' °'''' '"■'">3e<i-
deficient in weight, or without its having been previously
branded, shall be liable to a penalty not exceeding twenty
shillings for each barrel, ten shillings for each half barrel,
and six pence for every pound weight deficient.
70. Weighers shall receive for weighing every barrel, Weighers' fees.
one penny, and every half barrel, one half penny, from the
person employing them.
71. When any barrel or half barrel shall, after having Fine for impro
been branded, be emptied of its contents, the brands thereon empty brandel
shall be erased before the same shall be. refilled for the pur- ''^"eis, &a.
pose of exportation or sale, and any person refilling any
such barrel or half barrel without first erasing the brands,
shallbe liableto apenaltynot exceedingfive shillings forevery
barrel, and two shillings and six pence for every half barrel.
72. To prevent any damage or loss sustained in unpack- Tare of barrels,
ing flour or meal to ascertain the tare of the barrels or half tained.
barrels, the weigher may affix a tare according to his judg-
ment without unpacking or weighing the same, which judg-
ment shall be final unless disputed by the buyer or seller,
in which case the barrel or half barrel may be unpacked,
but the reasonable expense attending the same shall be paid
by the party complaining.
73. If any weigher shall brand any barrel or half barrel Kne upon
contrary to these provisions, he shall be liable to a penalty Sisoonduct."^
of forty shillings for every barrel, and twenty shillings for
every half barrel ; and every weigher offending in any other
manner, shall be liable to a penalty of ten pounds.
74. These provisions shall not extend to the weighing S""^®™*""'^"'
of barrels or packages of flour and meal manufactured oepted, if weigh-
within the province, if branded with the name of the pro- by the proprfe'
prietor of the mill where manufactured, and which shall ''"■°"'^°°"^^''
21
324 PROVISIONS, LUMBER, EUHL, -ETC. [PART -I,
Chap. 85. have the nett weight thereof distinctly branded thereon,
unless the purchaser shall require the same to be weighed
by the public weigher ; and if any such flour or meal shall
be sold without being so marked, or the barrel or package
so branded shall not contain the full weight branded thereon,
the proprietor of such mill shall be liable to a penalty not
exceeding twenty shillings for each barrel, and ten shillin;.'S
for each half barrel, and six pence for every pound weight
deficient.
Wheat flottr 75. These provisions shall not extend to wheaten flour
exportation ex- which may be warehoused and shall be taken therefrom for
cepted. exportation.
Weighers, how 76. The sessions may, upou the recommendation of the
their returns, grand jury, annually appoint weighers of flour and meal
for their respective counties or for particular townships or
districts therein in manner as township officers are appointed,
who, when sworn, shall have the same authority and perform
the same duty as the weighers of flour and meal in the city
of Halifax, and every weigher shall make a quarterly return
to the provincial secretary's office of all flour and meal
weighed by him, to be made up to the last days of March,
June, September, and December, and delivered within one
month thereafter.
VeMtab|es,how 77. Potatoes and all edible roots, shall hereafter be sold
dard weight, by weight, and the standard bushel thereof shall be as fol-
*"• lows : potatoes and turnips, sixty pounds. Allother edible
roots, forty pounds. /g'r^ -^' ^'-•^ ^^ y
TARE ON SUGAR.-. ^«'----^'»''
Tare on sugar, 78. The tare to be allowed on the sale of brown or raw
how ascertain- gugar^ shall, upou ovcry barrel, be twenty two pounds ; and
upon every other package of the weight of fourteen hun-
dred pounds or less, eleven pounds for every hundred
pounds of gross weight ; and upon every package of such
sugar above the weight of fourteen hundred pounds, the
tare shall be ten pounds for every hundred pounds of gross
weight,
rinefor not ai- 79. Any person who shall not allow the full tare as herein
saifi."^ '^"^^ °° prescribed, shall forfeit two shillings and six pence for every
hundred weight of the sugar upon which such full tare shall
not be allowed.
COAL AND SALT.
Coals, how sold. 80. Coals sold from shipboard, by retail, shall be sold by
the ton weight of two thousand two hundred and forty
pounds avoirdupois, and its subdivisions.
coaiandsaitto 81. All coal Or salt sold from shipboard by retail in this
be measured, province, shall be weighed or measured by officers appointed
for the purpose,
liable to forfei. 82. If such coal or Salt shall be delivered to, any truck-
'^thoS^^'heing ™^° o^ other person without having been weighed or raea-
measured. gured according to the two lltet sections, the seller &hall
TITLE XXI.] PEOYISIONS, LTJMBEE, FUEL, ETC. 325
forfeit the same or the value thereof to the use of the Chap: 85.
poor.
83. The measurers of coal shall receive from the seller rees of meaeu-
five pence for every ton, and measurers of salt shall receive "^®"'
two pence for every hogshead which they shall respectively
measure.
84. If any measurer of coal or salt shall undertake to Fine upon mea-
attend the admeasurement of coal or salt from more than oonduot!"^ ""'*"
one vessel at the same time, he shall forfeit a sum not ex-
ceeding forty shillings for each offence ; and for any neglect
or misconduct other than the oifence last mentioned, a sum
not exceeding three pounds.
^OLE LEATHER.
85. Every inspector of sole leather shall provide himself inspectors of
with proper scales and weights, and shall weigh every side shau^leep^
of sole leather presented to him for inspection, and shall ^Jightt; their
impress thereon : — ?."'y "i inspeo-
i^T. 1,1 nil n tion; marks and
1 ° - His own surname, and the name of the place lor numbers to be
which he is inspector. impressed.
2 ° . The word " best " if the leather be manufactured of
good hides and in the best manner.
3 ^ .' The word " good " if the leather be manufactured
of good hides in a merchantable manner.
4°. The word "damaged" if the leather be manufac-
tured of damaged hides in a merchantable manner.
5. ° . The word " bad " if the leather be not of one of
the qualities above mentioned.
6 ° . The weight of the side shall also be distinctly im-
pressed thereon, either in figures or in wordfr afe
length.
86. The inspector shall make such a deductioni as he- Deductions
shall think reasonable from the actual weight of evesy side whSi i^aiier is
of sole leather inspected by him which shall not h&- T^er-tms^slea^^^^""
fectly dry ; and he shall receive three pence for every side
of sole lefither which he shall inspect, weigh aad stamp.,
87. If any person shall offer for sale any sole leather FJne for offer-
which shall not have been duly stamped, he shall forfeit a stfmp"ed\oie'''
sum not exceeding five shillings for every sid'ei. leather.
88. If any inspector shall violate his duty,, he shall for- ^J'^n^Joj jioia-
feit a sum not exceeding twenty shiUirngs far every ofience. inspector. ^
HAY.
89. Hay may be weighed in scales,, or by steel-yards, Hf y : how
duly stamped by the clerk of th®' market ;• and weighers wcilhers' fees..
shall receive at the rate of a penny for every hundred
weight of hay weighed by, them;- and' four pence for every
mile they shall be required to. travel,, if tHe distance shall,
exceed one mile.
326 provisions, lumber, fuel, etc. [part i.
Chap. 85. cordwood.
Gordwood for 90. Every stick of cordwood intended for retail shall
lu^and'diiSenl Dieasure four feet in length, accounting half the scarf, and
sions. be sound hardwood, and every cord shall be of the full
length of eight feet, and four feet high, and piled close.
(Jordwood from 91. All cordwood sold from shipboard shall be stirveyed
meas'nr'Sfimea! ^^d measured before sale by an officer appointed for the
rarers'fees. purpose, who shall receive four pence from the seller for
every cord by him surveyed and measured.
Fine for sening 92. Persons Selling such cordwood without having the
moMured.''^"'^ Same surveyed and measured under the last preceding sec-
tion, shall forfeit the same, or the value thereof,
undimensioned 93. All sticks of such wood not of the requisite length,
wood to be re- 1 11 I • j. i i j.i o ;
jected. shall be rejected by the measurer. '
ProTiaions in 94. Pcrsons offering any cordwood for sale, shall pile
erooke"wo'od" ^^^ the crooked and rotten sticks, if any, separately ; and if
on the survey the measurer shall find any rotten wood, or
any crooked sticks in the cord which shall prevent the same
being piled close, such crooked or rotten sticks shall b^
rejected, and the deficiency in the cord made good before
sale thereof.
Fine for mea- 95. If any measurer shall violate his duty, he shall for-
hi"du™ * '°^ feit a sum not exceeding twenty shillings for every offence.
LUMBER.
Boards to te of 96. In the survey of boards there shall be four quali-
four qualitiee i i- ■ .
their desorip- i'ii'H,_ vxz,. .
*><>"• First. — Clear boards at least one inch in thickness. ■
Second. — Merchantable boards of first quality, sawed of
equal thickness throughout, and, when not hardwood,
squared at the edges with a saw ; to be free from rots,
wanes, worm holes and auger holes ; at least seven-eighths
of an inch in thickness, and containing not less than ten
superficial feet.
Third. — Merchantable boards of second quality, of the
same dimensions, and free from rots, shakes and worm holes ;
and
Fourth. — Refuse, to include all other descriptions of
boards.
Dimeneien 97. All dimension deals shall be twelve, fourteen, six-
ueais defined. ^^^^^ eighteen, twenty, and twenty-one feet long, nine,
eleven, and twelve inches wide, and three inches thick,
respectively, having an allowance of from one to two inches
in the length, from a quarter to half an inch in the breadth,
and from one-eighth to a quarter of an inch in the thick-
ness : they shall be smooth and fair, of equal width and
thickness throughout, butted at both ends with a saw, free
from rots, sap, stains, large knots, rents, shakes, worm and
auger holes, and shall have the stubshot sawn off
p)ankforexpor- 98. AH plauk intended for exportation, except hard-
Biiean&auaiuy wood plank, shall be from ten to twenty feet in length, nine
TITLE x:xi.] PEOIVISIONS, LUMBER, FUEL, ETC. 32T
inches in breadth, and three inches and one-eighth in thick- Chap. 85.
ness, and of the same quality as dimension deals.
99. All ton timber jfor exportation shall be straight lined Ton timber for
and squared,-and with not more than one inch of wane on sS and qua-'
the edges, without offsets or joints, square, butted at both ^''^'
ends, and free from all marks of scoring, rots, splits or
worm holes which may be detrimental to the same.
100. Merchantable spruce orpine timber shall be six- MerohantaWe
teen feet, and hardwood timber ten feet in length at least, hardwood °um-
and at least ten inches square ; and where it does not ex- and quality.*'*^
ceed sixteen feet in length, the ends shall be of equal size,
and all ton timber shall be measured by the girth, one
quarter part thereof to be taken as the side of the square.
101. In the survey of shingles there shall be three swngiestoheof
„Tj-"„™ „: . three qualities ;
qualities, viz. : _ _ their desorlp-
No. 1. — Pine or cedar shingles not less than eighteen "'"'^•
inches long, four inches wide, and three-eighths of an inch
thick at the butt, and clear of sap, slash, shakes, twists and
worm holes.
No. 2. — Pine, cedar, spruce or hemlock shingles not less
than sixteen inches long, three and a half inches wide, and
from a quarter to a quarter and a sixteenth of an inch thick,
to be free from sap, slash, shakes and worm holes ; and
No. 3. — Refuse, to include all other descriptions of
shingles.
No. 1 and 2 shingles shall be put up in bundles not less
than twenty-five tiers or courses twenty inches wide, four
bundles to be considered as a thousand.
All shipping shingles for exportation shall be half an inch
thick at the butt and extend the same thickness three-fourths
of the length, and be shaved from thence to the point, and
from four to four and a half inches wide.
102. Clapboards shall be four feet four inches long, five Se£^™rthLnd
inches wide, and half an inch thick at the back. description.
103. Lathwood shall be of fresh growth, straight rift, Lathwood ; de-
free from bark, heart and knots, and measured by the how measlired.
cord.
104. Hogshead staves shall be forty-two inches long, staves; their
/. ,7 T \. Tr J. n J i_ IP • 1. ■ 1 J description and
irom three and a halt to nve and a halt inches wide, and mode of caicu-
three quarters of an inch thick on the thinnest edge, and i'^'"'"-
not more than one inch on the back.
Barrel staves shall be tliirty-two inches long and half an
inch thick on the thinnest edge, and not exceeding three
quarters of an inch on the back : to be of good rift, fairly
split, free from twists, knot holes, rotten knots, worm holes
and shakes, and shall be calculated by the tale of twelve
hundred to the thousand.
105. Upon any contract or bargain for a quantity of ^n™'',"j„"j"^^'
timber or lumber for exportation, the same shall be under-' P>""*a8ed for
stood to mean that which is hereinbefore described, and the shaffte as re-"
purchaser shall not be obliged to receive any other unless lorTbeT^'' ^'
328 PROVISIONS, LUMBER, FUEL, ETC. [PART L
Chap. 85. under a special written agreement specifying what Le actu-
' ally is to receive.
Duty of lumber 106. The surveyors of lumber shall, when required,, dili-
«uTrey?" "" * gently examine and survey every description of lumber
described in any of the preceding sections whether for sale or
exportation in their respective districts, and shalt mark the
same as directed by this section at the time of the survey ;
but if it shall have been previously surveyed in the pro-
vince, he shall only re-survey and mark anew the same when
he shall have any doubt of the measure ; and on every sur-
vey he shall furnish the seller and the purchaser each with
a certificate thereof specifying the quality and dimensions,
and on every stick of ton timber shall mark in figures the
contents in cubic feet, the initials of his name, and the pri-
vate mark of the purchaser ; and on all deals and plank
shall mark in lead on the ends, the length, breadth, thick-
ness, and superficial contents and his own private mark; and
on all boards the superficial contents and his private mark.
Fees of survey. 107. The surveyors of lumber shall receive the follow-
ora of lumber. ^^^ ^^^^^ ^j^ . ^^^ measuring and surveying all ton timber,
three pence per ton, together with four pence for every
mile they shall necessarily travel in coming to the place of
the survey.
For every thousand superficial feet of deals, plank, scant-
lings and boards respectively, nine pence for surveying and
three pence for marking ; and for viewing only where the
same shall have been previously surveyed and the surveyor
shall doubt the measure, three pence.
For every cord of lathwood, six pence.
For every thousand shingles, three pence ; and for culling
and repacking, six pence.
For every thousand hogshead staves, one shilling and six
pence.
For every thousand barrel staves, nine pence.
Surveyors cer- 108. The Surveyor's certificate shall be binding between
eieott'vrovi" ^^^ scllcr and purchaser, but in case they disagree, either
du°ute ""'^^ "' P^^*y ™^y ^^^^ ^° three other surveyors who are in no way
interested in the matter, in dispute, to re-survey the same,
and their decision shall be final. If the first survey be con-
firmed, the expense of the second shall fall upon the party
by whom it was had, but if the first survey is not established,
then the surveyor shall bear the expense of the second
survey.
Fees of survey- 109. The Surveyor's fees shall, in all cases, be paid by
;seUCTf*seiiert the Seller, who shall remove all obstacles in the way of the
•duty on survey, gurvcyor which may prevent him from viewing and measur-
ing with facility any timber or lumber which he may be
required to survey, and shall, if necessary, have the same
/ canted. But the purchaser, upon any special agreement
therefor, or if he shall require a fresh survey, shall pay the
surveyor's fees, . .•
"TITLE XXI. J WEH}HTS AND MEASUEES, 329
110. All timber, lumber, and shingles, shall be surveyed Chap. 86.
and marked, as prescribed by this chapter, before delivery Timber, lumber
on sale or shipment for exportation, and if any person shall forfefte'df/soia
violate this provision, he shall forfeit the article or the value ^Jyey ed X'ai?
thereof; but in the city of Halifax entire cargoes of lumber f ™|j^nf'"' "'^
sea borne may be disposed of without the intervention of oepted.
a surveyor between the first buyer and seller.
111. Upon the survey of shingles, clapboards and staves, boirftnd"^"'^"
respectively, those which are deficient in quality or dimen- fectlve'^tobtre'
sions shall be rejected, jeoted.'
112. All shingles and clapboards exposed to sale by Sfoards^for-
quantities in bundles, and not holding the number they are felted when oc-
marked for, shall, unless it appear that part thereof have deficient in the
been accidently shaken out after packing, be forfeited. marked quanti-
113. Any person who shall, without the permission of Fine for de-
the owner of any timber or lumber, alter, deface, or destroy veyor's^ marica
the marks of a surveyor of lumber thereon, shall forfeit a on timber, &e.
sum not exceeding twenty shillings for each offence.
114. Any surveyor of lumber violating; any of these Fine for lumber
provisions, shall forfeit a sum not exceeding five pounds for ting Ms duty.
each offence. '
115. All prosecutions under these provisions shall be Limitation of
commenced within twelve months from the time of the com-
naission of the offence.
CHAPTER 86.
OF WEIGHTS AND MEASURES.
1. Weights and measures shall be according to the stan- ^e*ghts*and
dard now in. use. ' measures.
2; The clerk of the peace shall be furnished at the ex- tob?fum?a^hed
pense of each county or district, with a set of standard with sets of
weights and measures, which shall be accessible to every we^h^s^and
person at all reasonable times for the purpose of assay. measures.
3. The clerks of the market, and in places where no oierks of mar
such officers are appointed, the town clerk shall keep a set stamped ^"^
of weights and measures, long, liquid and dry, which shall meSures!"^
be stamped by the clerk of the peace with the letter S, and
they shall be standard weights and measures
4. Every inhabitant of each town respectively, making ah weights and
J. . S . , ■ ,1 1 V Ti measures to be
use of weights and measures m the sale of any commodity, assayed and
shall, in one week after public notice given by the clerks of ^'^'"p^'^
the market for such town, bring, or cause to be brought,
their weights and measures to be assayed, for each of which clerk's fees,
assay the clerk shall have two pence for his trouble, and
shall cause such weights and measures to be branded and
330
CORPORATIONS.
[part I
Chap. 87. stamped with the initial letter of the town where such assay
shall be made.
Inspection of 5. The clerks may inspect all weights and measures, and
miMuresT lia- once in three months, or oftener, visit every inhabitant sell-
when n^oVslaSi ing publicly by weights and measures, and shall have full
ped or branded, power and authority to seize all such not stamped or branded
as aforesaid, and may assay and mark and dispose of the
same for their own use as satisfaction for their trouble
therein.
Penalty. 6. The penalty for selling by weights or measures, not
so branded, shall be twenty shillings for each offence, and
for selling by weight or measures less than the standard,
ten pounds.
TITLE XXII.
OF CORPORATIONS.
CHAPTER 87.
OF GENKRAL PROVISIONS RESPECTING CORPORATIONS.
Corporations )
their powers
and privileges
Bye-laws and
proceedings to
be regulated
thereoy.
Proceedings,
how recorded
when required
by the act of in-
corporation.
1. AU corporations shall, where no other provision is
specially made,. be capable in their corporate name to sue
and be sued, to prosecute and defend actions, to have a
common seal which they may alter at pleasure, to elect in
such manner as they may deem proper all necessary officers,
and to fix their compensation and to define their duties,
and to make bye-laws and regulations not contrary to law
nor repugnant to the charter or act by which any such cor-
poration may be created, for their own government and the
due management of their affairs.
2. All corporations may by their bye-laws, where no
other provision is specially made, determine the manner of
calling and conducting meetings, the number of members
which shall constitute a quorum, the number of shares which
shall entitle the members to one or more votes, the mode of
voting by proxy, the mode of selling shares for the non-
payment of instalments and of transferring shares generally,
the tenure of craice of the several officers, and the purchase,
conveyance and sale of their real and personal estate; and
they may annex penalties to their bye-laws not exceeding
in any case the sum of five pounds for any one offence.
3. When any charter or act of incorporation shall direct
that the bye-laws and list of shareholders, or either of them,
shall be registered, no bye-law of the incorporation shall be
TITLE XXII.] CORPORATIONS. , 331
in force untii a copy thereof, and also, if required by the Chap. 87.
charter or act of incorporation, a list of the names of all
the members of the corporation, with the amount of the
stock held by each member respectively, certified under the
hand of the president and secretary, or if the company shall
not have been organized, under the hands of three at least
of the members of the company, of whom one at least shall
have been named in the charter or act of incorporation,
shall be recorded in the ofiice of the registrar of deeds in
in such county as may be directed by such act or charter ;
and no subsequent bye-law, nor any subscription of additi-
onal stock, nor the transfer of any stock or shares in the
corporation, except by devise or bj' descent, or other act
of law, shall be effectual, until a certificate thereof, under
the hand of the president and secretary, shall be recorded
in the same office ; and in all cases bye-laws relating to the
real estate of the corporation shall, before they become
effectual, be recorded in manner above mentioned in the
office of the registry of deeds for the county or district in
which such real estate may be situate.
4. The first meeting of all corporations shall, unless First meeting,
otherwise provided in their charters or acts of incorpora- "'""'
tion, be called by notice signed by any one or more of the
persons named in the charter or act of incorporation, and
setting forth the time, place and purposes of the meeting ;
and such notice shall, seven days at least before the meet-
ing, be delivered to each member, or left at his place of
residence, or published in some newspaper of the county
where the corporation may be established, or where its
j5rincipal place of business shall be situate, or if there be no
newspaper in the county, then in two of the Halifax news-
papers.
5. Whenever by reason of the death, absence or dis- How called in
ability of the ofiicers of any corporation there shall be no ^^^^^ '"'^'"'
person authorized to call or preside at a meeting thereof,
any justice of the peace may, on a written application of
three or more of the members, issue a warrant to any one
of swch members, directing him to call a meeting of the
corporation by giving the notice as required by law, and
the justice may in the same warrant direct such person to
preside at such meeting if there shall be no officer present
legally authorized to preside thereat.
6. Such corporation when so assembled may elect ofiicers Powers and du
to fill all vacancies then existing, and may act upon such tion^heifas-
other business as might by law be transacted at regular ^^^^'i'^'^-
meetings of the corporation.
7. Notwithstanding the corporation may hold real estate, shares to be
the shares of the stockholders shall be deemed to be per- perty"
sonal property for all purposes.
8. The real estate of the company may be sold under Real estate to
execution in the same manner as personal estate, and the sonaipropCTty!
332 COEPORATIONS. [PART I.
Chap. 87. sheriff shall immediately after the sale execute a deed to
~ the purchaser, which shall convey all the estate and interest
of the company in the real estate so sold and conveyed.
Acts to expire 9. All acts or charters of incorporation shall expire,
operSion'wUh- unlcss the Company thereby established shall go into opera-
in three years, j^^qq within three years from the passing thereof, unless
otherwise specially provided therein.
Charters to con- 10. All Corporations whose charters after they shall
years after ex- have gone into Operation shall expire by their own limita-
sing'eonceraf.''' tion, or shall be annulled by forfeiture or otherwise, shall
nevertheless be continued as bodies corporate for the term
of three years after the time when they would have been
so dissolved, for the purpose of prosecuting and defending
suits by or against them, and of enabling them to settle and
close their concerns, to dispose of and convey their pro-
perty, and to divide their capital stock ; but not for the
purpose of continuing the business for which such corpora^
tions were established.
TrijBteesmaybe H. When the charter of any Corporation shall expire or
wind up. busi- be annulled, as provided in the preceding section, the
three^y'eara."'^ Supreme court on application of any creditor of such cor-
poration, or of any member at any time within the three
years, may appoint a trustee or trustees to take charge of
the estate and effects of the corporation, and to collect the
debts and property due and belonging thereto, with power
to prosecute and defend suits in the name of the corporar
tion, and to appoint agents under them, and to do all other-
acts which might be done by such corporation if in being,
that may be necessary for the final settlement of the un-
finished business of the corporation ; and the power of such
trustees may be continued beyond the three years and as
long as the court shall think necessary,
offloera and 12. When any oflScer or member of a corporation is
sued. liable for any debts of the corporation, or for acts in
relation to its business, or to contribute for money paid
by other officers or members on account of any such
debts or acts, he may be sued therefor in the supreme
court.
Liability of in 13. No member of any corporation shall be relieved from
dmduai mem. ijjjiyj^^g^l liabiHty for its debts or obligations; but each,
member thereof shall be liable as a partner to the same
extent as if no corporation existed ; and in case any
execution issued on any judgment against the corporation
shall be returned unsatisfied, the individual real and per-
sonal estate of every member of the corporation shall be
liable to respond such judgment under execution issued
thereon in the same manner as if the same were a private
debt due by such member, unless the special act creating,
the corporation shall exempt its members from such liability; •
and any member who shall be so compelled to pay any
monies on account of the debts of the corporation, shall be
TITLE XXII.] CORPOEATIONa. 333
entitled to credit therefor; in the books of the corpora- Chap. 87.
tion.
14. The directors or board of managers of any such cor- Liability ordi-
poration, the liability of whose members shall be limited by somiiy inspe-
the act or charter of incorporation, unless otherwise speci- ovirtralfn-
ally directed therein, shall in all cases be personally liable *"•
for any responsibility incurred by them on account of the
corporation beyond the amount of the stock subscribed
without the sanction of the company to be obtained at a
meeting thereof held in accordance with the bye laws,
unless such larger amount of dealing be specially authorized
by the act or charter of incorporation ; but this section shall
not extend to insurance companies.
15. The acts of incorporated' companies performed with- ^e's^aiidT^u-
in the scope of their charters or acts creating them, shall out seal.
be valid, notwithstanding they may not be done under, or
be authenticated by the seal of such corporations.
16. No corporation shall issue notes or bills for pay- No ""'^f^^^^^
ment of money, for the purpose of circulating the same as ing or insurance
money, or engage m any banfemg or insurance business specially auth'o-
unless especially authorized to do so by its act of incorpo- "^«^-
ration, and if any corporation, not so authorized, shall issue
such bills or notes, or shall engage in any banking or
insurance business, its charter shall be thereby rendered
void.
17. Whenever in any act or charter of incorporation Arbitrations,
T i j__L r J. • I.- 1. J.1, how conducted
any disputes or matters oi controversy m which the cor- wiiere a oorpor-
poration may be interested, or any damages to which" they »"<"!" a, party,
may become liable, shall be directed to be settled or ascer-
tained by arbitration, the mode of proceeding on such arbi-
tration, unless otherwise prescribed, shall be as follows,
viz : unless both parties shall concur in the appointment of
a single arbitrator, each party on the request of the other
party shall, by writing under the hand of the parties inte-
rested, or on behalf of the corporation under the hand of
the president or one of the directors and the secretary,
appoint an arbitrator to decide the matter in ques-
tion, and after such appointment shall have been made,
neither party shall have power to revoke the same without
the consent of the other, nor shall the death of any of
the parties operate as a- revocation thereof; and if
either party shall fail to appoint an arbitrator within four-
teen days after service upon him of such written request, a
judge of the supreme court at the instance of the party
making such request may appoint an arbitrator to act on
behalf of both parties, who may proceed to hear and deter-
mine the matters in question, and his award shall be final.
If S.ny arbitrator, after his appointment, die, or become inca-
bable from absence or otherwise, or refuse, or for seven
days neglect to act as arbitrator, the party by whom he was
nominated, or a judge of the supreme court, may appoint
334 CORPOEATIOKS. [PART I.
Chap. 87. in writing some other person to act in his place, and if for
— " — "seven days after such substituted arbitrator shall have
received notice in writing from the other party for that
purpose he fail to do so, the other arbitrator may proceed
to hear and determine the matters in question.
Where two arbitrators shall have been appointed, they
shall, before entering upon the matters referred to them,
appoint by writing under their hands an umpire to decide
in case they shall differ, and if the umpire shall die, refuse,
or for seven days neglect to act, they shall forthwith appoint
another umpire in his place, whose award, together with
that of one or both of the arbitrators, shall be final.
The arbitrators or umpire may call for the production of
any documents in the possession or power of either party
which they or he may think necessary for determining the
matters referred to them, and may examine the parties and
their witnesses on oath, and administer the oaths necessary
for that purpose.
Unless otherwise provided in the act or charter of incor-
poration, the costs attending such arbitration shall be paid
by such party or by both parties in such proportions as may
be directed in the award.
The subrnisson to any such arbitration may be by rule or
order of any court.
Abstract of re 18. AH ioint stock incorporated companies doing busi-
joint stock in- UGss m this provmcc, by agents or otherwise, shall, once m
panies'to be"™" every year, produce and file, in the provincial secretary's
hied, &0. office,' an abstract of all their receipts, expenditures, profits
and losses, within the province, and when required by the
governor in council, such rules, bye-laws, accounts, and
such other of their proceedings as shall be specified in such
requisition.
Penalty. 19. Any such corporate body refusing or neglecting to
furnish such abstract, or to comply with such requisition, shall
forfeit a penalty of five pounds for every month during
which such default shall continue.
Insurance cor- 20. On or before the last day of February in every year,
make'annuai a rctum shall be made into the provincial secretary's office,
of'proTinoM°^ ^7 ^^^ president, agent, or manager, of every company, cor-
secretary. porate body, or agency, doing business as insurers in this
province, of the business of insurance upon lives, againstfire,
and upon all marine risks done by them respectively, between
the first day of January and the 31st day of December pre-
ceding such return, both days being included, which return
shall comprehend the number of poUcies entered into, the
number of policies renewed, the amount insured, and the
premiums paid, and in case of ansurance against fire, the
nature of the property insured, whether real or persorfal,
and its situation, whether in the city of Halifax or in other
parts of the province ; in case of marine risks, the ports to
which the vessels insured belong, where it can be known,
TITLE XXII.] AGEICULTUEAL AND LAND CORPORATIONS 335
and shall also state the capital and other security for the Chap.-88.
payment of losses, and where the same is situated ; and in
case of companies and corporate bodies out of Nova Scotia,
whether there is any security or capital within the province,
for the payment of losses, and the nature, permanency, and
amount thereof, which. returns shall be certified to be true,
by the president, agent^r manager of every such company,
corporate body, or agUcy respectively ; and every such
president, agent, or manager, neglecting to make such return
or knowingly make a false or defective return, shall forfeit
fifty pounds.
21. All acts of incorporation of wharf, pier, or break- Acts of ineorpo-
water companies, heretofore passed by the legislature, paniesf aoI'.^To
whether temporary or perpetual, and also all such acts of in- December*"!?!!
corporation hereafter to be passed previous to the session of
the general assembly, in the year one thousand eight hundred
and seventy-five, shall continue in force until the thirty-first
day of December, in that year, and no longer unless renewed
by act of the legislature.
CHAPTER 88.
OP AGRICULTURAL AND LAND CORPORATIONS.
1. Whenever twenty persons or more shall raise ten Agricuitnrai
pounds per annum, or upwards, to be applied for the improve- hew organSfed.
ment of agriculture, they shall thereupon become a corpo-'
rate body by such name as they shall think fit, with all the
privileges and obligations in chapter eighty-seven, but such
privileges shall continue -only so long as there are twenty
members or more in the society, and they shall annually
raise the sum of ten pounds at the least and apply it for the
improvement of the local agriculture.
2. Whenever any British subiects desire to form an Formation ofan
...«.,■' 1 J. , r association for,
association tor the purchase and improvement oi crown improvement of
lands on the lines of the contemplated trunk line of railroad •'°'°'^"
from Halifax to Quebec, they may transmit the names of
such persons, not less than twenty, as they wish to repre-
sent them, to the commissioners of lands and emigration, to
be transmitted to the lieutenant-governor of this province,
who shall thereupon, if, with the advice of council, it be
determined to invest such persons with corporate powers,
direct their names to be inserted in the royal gazette, and
a patent to issue, clothing such persons and their co-part-
ners, with the privileges and legal liabilities of a corpora-
tion, upon the following terms, subject to such restrictions
as may, by the governor in council, be deemed necessary :
336 AGRICULTURAL AND LAND COEPOEATIONS. [PAET I,
Chap. 88. First — The name of the company, and the names of its
Privileges, lia- directors, to be lodged in the office of the provincial secre-
sUiotlonS the" ^^^/j ^^^^ ^^ impression of its common seal.
company. Second — The directors to be liable to the whole extent
of their fortunes for the debts of the company, being vested
,■',,. ■.. Avith power to sue and be sued in their corporate capacity.
Third— The shareholders to be liable only to the extent
of their shares. W
Fourth — The company to purchase fifty thousand acres
of crown lands on the line of railroad, at such price as may
be determined upon by the government, with power to
purchase any further quantity, when one-half of the original
purchase has been sold and settled.
Fifth — ^The lands to be laid off in lots of one hundred
acres, at the expense of the government, and numbered on
the plans from one to five hundred, it being provided in the
general grant, that every lot on which there is not a dwell-
ing house actually occupied, and at least five acres of land
cleared and improved, at the end of ten years from the
date of its purchase, shall revert to the government, and
become a part of the public domain, upon a declaration of
the governor in council to that effect, without office found.
Sixth — Where the lands purchased are in one block, and
are not included in any township, they shall be formed into
a township, and the inhabitants, whenever they shall num-
ber one hundred heads of families, shall be invested, by law,
with all the privileges of township organization.
Seventh — The capital of the company shall be limited to
fifty thousand pounds, but may be increased by one pound
for every acre of land purchased from the provincial
government above the quantity specified in the fourth con-
dition.
Power of com 3. The Company shall have power over such lands as
panyover an . ^-j^^j gijaH purchase- — over mines not subject to legal reser-
vations— over the standing timber, mill sites, and water
privileges; and may lay ofi' and sell such lands in town-lots
or blocks of less or more than one hundred acres, at their
option, and for the general advantage.
Company may 4. The Company may enter into contracts with any com-
contiactfor .. •■iniji ■ ■ -, , ,
railways run- missioucrs appomtcd by the provincial government, to
theS lamis!^^ construct SO much of the railway as will run through the
lands purchased, and to work and repair such railway after
it is made'; but no greater amount shall be chai'ged for the
construction and working of such sections of the railway
than is paid for constructing and Working other portions of
the line.
TITLE XXIII.] if. THE POOE. 337
^^^ /^ ^^^-^ Chap. 88.
TITLE XXIII. /st'L , f^^^^^-^^~ -.**f.
t-^ <^.C2v-i»-«-^ '
.«<; ,;j^-, ^*
/'i-
OF t™ pook. '..^...^.^^j^^^ry
■ —^ ^7^!^^ "*' ,y^ V ' - _'"-*-V»— •"«-/i^ ^
CHAPTER 89.
OP THE SETTLEMENT AND SUPPORT OF THE POOE.
1. The words " township" and " settlement" when used Definition of th«
in this title shall be held to mean any district set off and ^"''^ township,
established as a district for the support of the poor.
, 2. The grand jury shall annually at the sessions nomi- Orerseers of
nate ten freeholders out of every township, of whom the poStedT °'^'
court shall appoint five to be overseers of the poor ; and if
any person so appointed shall cease to reside in the town-
ship, or shall die within the period for which he was
appointed, any two justices for the county may appoint
another to act instead tintil the next meeting of the grand
jury and court of sessions.
3. Every person who hath lived as an hired servant one settiement,how
whole year therein under an agreement to serve the same s"'"^'^-
master one whole year then next before application for relief,
or hath executed a public annual office therein, or hath been
assessed and paid his share of poor and county rates in the
township during one year at one time, shall be entitled to a
settlement; and any person who shall have resided in any persons entitled
poor district for five years consecutively after arriving at *° thtf "/gj^gf"'
the age of twenty-one years, and who, during that time,
shall not have received aid from the overseers of the poor
as a pauper, shall have a settlement on such poor district ;
and all persons under the age of twenty-one years who have under age. •
served an apprenticeship within any poor district to any
trade for the space of two years, shall have a settlement
therein.
4. The settlement of any legitimate child shall be that settlement of
of the father, if the father have any ; if not, that of the ohiwren.
mother, if the mother have any; illigetimate children shall
have the settlement of the mother if the mother have any.
But in case a child has no settlement by parentage, the birth
place of such child shall be the place of settlement,
5. A married woman shall have the settlement of her settlement of
husband, if the husband have any ; if not, her own settle- """^"^ women
ment, if she have any, shall not be suspended by her marriage.
6. A legal settlement shall cease when a new one is settlement to
1 ,° I 1, . . cease when new
gamed, and shall not revive. one acquired.
7. When a poor district shal| be divided or a new dis-iQ^o^^s^o^a^^i-
trict created, the settlement of any person dwelling within or the erection
such divided or newly created poor district, shall be within triot °^^ "^'^
338 THE POOR. [PART I.
Chap. 89. the limits of the district in which such person may have
dwelt at the time of such division or creaition.
Proosedings 8. Any psrson applying to the overseers of poor of any
tho^'remof ai of township for relief who shall not have obtained a settlement
a pauper?™ " therein, shall be required to declare on oath before a justice
of the peace his last place of residence, and if he be
found to have gained a settlement within the province a
copy of the declaration certified by the justice, with the
amount of expense incurred, shall be transmitted to the
overseers of the poor of the township to which such person
belongs.
If the overseers 9. If such last mentioned overseers refuse or neglect to
£is"1etSment removc such person, two justices, by a warrant, shall cause
reftisetoj^e- g^^^j^ pgrson to be removed to the township where a last
move Jiim, a ir i,'i ^ i_i r ±i
warrant for his settlement has been obtamed; and the overseers oi the
removaimayis- p^^^ there shall receive such person and pay to the over-
seers of the first named township the necessary expense
incurred about his removal. If the overseers of the last
named township have no money in hand to pay such expense,
they shall stand charged therewith until the next assess-
ment made on the township to which such person be-
longs.
Persons near of 10. The father, grandfather, mother, grandmother, chil-
require<f to'''^' dren, and grandchildren respectively, of every old, bhnd,
maintain their lame, impotent, or other poor person not able to work,
poor re a ions. ^^^^^ ^^ sufficient ability, shall relieve and maintain at their
own charge, every such poor person, as a general or special
sessions shall direct, and in case of refusal shall forfeit five
shillings per week for such poor person, to be sued for in
the name of the overseers of the poor.
The property of H- Where any husband or father shall forsake his wife
Faking'thJi^r fa- °^ children, or any widow shall forsake her children and
miiies may, if leave them a public charge, two justices on the application
Seized ani'i sold of the oversecrs of the township, shall issue a warrant to
port.*'""' ™^ seize the goods, and to let out and receive the annual rents
and profits of the lands of such husband, father or widow,
towards the maintenance of such wife, child, or children ;
and when the seizure shall be confirmed by the sessions
any two overseers may, as occasion shall require, dispose at
public sale of such goods or so much thereof ,. as shall be
necessary, and shall apply the proceeds towards the main-
tenance of such destitute persons.
suppOTted*" ^^ 12. The children of deceased parents who have gained
where^deoeased a settlement in any township, shall, if paupers, be supported
gafned a settle- bj' SUch township.
Appeals provi- • ^- ^^ ^^^ overseers on behalf of the township or any
ded for parties other persoii shall feel aggrieved by any proceedings under
aggriovo . ^jj|g chapter, such overseers or person may appeal to the
next sessions to be held foj- the county where the township
is or the person shall reside, and the sessions shall hear and
determine the same, and their order shall be final.
TITLE XXIII. J THE POOE. 339
14. If the justices, on an appeal concerning the settle- Chap. 89.
ment of a poor person, determine that such poor person Prooeedings on
was unduly removed, they shall then or at a future sessions appeal wher» a
1 i 1 • 1 i ii 11 . ,1 , person has been
order to be paid to the appellants, any money that may unduly remo-
have been paid by such appellants, or may be ,due from ^^^'
them as overseers on account of such poor person between
the time of the undue removal and the determination of the
appeal, the same to be recovered as liereinafter provided.
15. Upon the determination of an appeal concerning the Costs on appeal,
settlement of a poor person, or upon proof of notice of an allowed"*^
appeal given by the proper officer to the overseers of the
poor, though the appeal be not prosecuted, the justices shall
then or at a future sessions, order to the successful party
on a trial,jpr to the party notified if not further prosecuted,
such costs as in their discretion are reasonable, to be taxed
and allowed according to the rates adopted in the supreme
court, which shall be paid by the unsuccessful party or the
party giving such notice.
16. If the overseers or other person ordered to pay such Amount order-
sum of money or costs, shall, after service of a copy of such how^recoTeredl
order, refuse to pay the same, the party in whose tavor such
order is made may sue for and recover the amount as if it
were a private debt with costs ; and the production and
proof on the trial of the order or copy thereof and of the
service thereof, shall be suificient proof of the debt.
17. Every township shall be liable to pay any expense TownsWps ii-
which shall necessarily be incurred for the relief of a pauper, of *poor"^£ter
by any person who is not liable by law for his support, after "o''"^-
notice and request made to the overseers of the township,
and until provision shall be made by them.
18. If any person shall bring any poor and indigent per- Penalty for imr
son into any township where such person has not a lawful fng^^a ^pau^fr
settlement, knowing him to be poor'and indigent, and shall ""'oatownsEip,
leave him therein with intent to charge such township with
his support, he shall forfeit a sum not exceeding twenty
pounds for every such offence. ,
19. The inhabitants of every township liable to pay poor Town meetings,
rates shall hold two meetings annually if necessary, to pro- hSidSg. ^^'^'^
vide for the support of their poor, which shall be held on
the first Mondays of April and November.
20. The overseers of the poor in the several townships Orerseerstono-
shall at least ten days before the times appointed for holding ings by adver-
meetings to provide for the support of the poor, cause adver- *'=ementB.
tisements to be posted up in at least five of the most public
places in the township, notifying the inhabitants to meet
on the several days respectively for that purpose, and in
case of neglect such overseers shall forfeit ten pounds.
21. The inhabitants present at such meetings having Proceedings at
first chosen a chairman to preside, shall vote such sums of ^eytoie voted',
money as they shall judge necessary for the support of the assessors oho-
poor for the current year or until the next meeting, and
22
340 THE POOR. [PAET I,
Chap. 89. incidental expenses connected therewith; and shall choose
so many collectors as they may deem necessary to collect
the poor rates for the district or township within which
such meeting shall be holden, and shall also choose a clerk,
to be called the clerk of such poor district, who shall act as
clerk to the overseers of the poor for the district ; and such
inhabitants shall award to their clerk a reasonable remune-
ration, to be fixed at sflch meeting, and added to the amount
to be assessed on the district.
Meetings may 22. If the business of the meeting cannot be completed
neo^ssar™*''^ on the days above respectively named, the chairman with
the consent of the majority of those present, shall adjourn
the meeting as occasion may require to conclude the
, business.
DeBcienoies of 23. If the money voted at any meeting shall t)e insuffi-
Toted'at'sub8''e! cieut for the support of the poor, the inhabitants, at their
quent meeting, next meeting, shall vote sufficient to make good the defici-
ency.
Poor houses 24. The inhabitants, if deemed advisable, may, at such
Sredj u^lehow meeting, determine to erect or hire a building for a poor
low managed, house, and may vote money for that purpose and for the
annual repairs and other necessary expenses connected
therewith; and thereupon the overseers shall proceed to
hire or erect a building as directed, the title and interest
in which, when convej'ed to them, shall vest in them
and their successors in office as a body corporate. The
overseers shall have the control and management of the
poor house and the supervision and government of the
inmates, and may appoint the officers and keepers thereof,
and may purchase materials upon which the labor of the
poor may be profitably employed. They shall annually sub-
mit an account of their proceedings and of the general state
of the institution, and of their receipts and expenditures,
for the examination and audit of the sessions.
Proceedings to 25. Separate suits shall not in future be brought against
-Th^r'ie'^byge- defaulters, but every collector shall make a general
"fStstre™ tora i'^^^'"'! ^o a justice withiu the township, or if none reside
gi;ren, fees', &o. there to any justice of the county, of every person upon
his list, who, after demand made, shall not have paid his
rate ; and the collector shall make oath in writing before
such justice, setting forth the name of every defaulter, the
sum assessed, that the demand has been made, and that the
rate is unpaid; and thereupon such justice shall forthwith
issue a general warrant of distress against the several defaul-
ters in the form in the schedule, directed to a consta,ble not
being such collector, commanding him to levy upon the
goods of each person named in the warrant the sum due by,
such person, with constable's and justice's fees. Tlie con-
stable shall forthwith execute the warrant, and pay over the
amount collected to the collector, who shall thereupon pay
the same to the overseers. The justice's fee for such war-
■fflTLE SXIII.] THU POOR. 341
rant shall be three shillings and six pence, and the con- Chap. 89.
stable's fee for each person in the warrant shall be one shil-
ling, but the constable shall have no travelling fees or
poundage, and the justice's fee shall be apportioned among
the several persons, if more than one, in the warrant.
26. The justices in general or special sessions, as the Appellants to be
case may be, may relieve appellants as they shall see fit, and sessions^. ''^ *''*
may order the overseers of the poor to refund any excess
of rates collected.
27. No person shall be assessed for the support of the Parties iiaWe to
poor unless in the opinion of the assessors he is able to pay ^^ ^seasod.
a rate of at least one shilling annually.
28. If any person think himself ovei>rated he may appeal OTer-rated per-
to the next sessions or to the next special sessions to be peal"^^ °'^"
held for hearing such appeals, in the county or district
wherein the assessment was made ; and the order of such
court of appeal shall be final.
29. The overseers shall applj'^ all sums of money voted .^propriation
and received by them for the purposes specified ; and any lectors may be
collector who shall neglect to pay over to the overseers any |^|^ ^^ ""^'^
sum by him collected may be sued by them, and the amount
shall be recovered as if it were a private debt.
30. The overseers of the poor shall within one month Accounts of
after the expiration of their office render to the clerk of the andhowrende"
peace of the county in which they reside, to be laid, before '"^'
a general or special sessions, an account of all money
received and the particulars of all expenditures by them for
the support of the poor, and shall account for the same on
oath, if required, before such sessions. In case there is no
clerk and treasurer for the district, they shall enter their
proceedings in a book to be kept for the purpose, and at
the expiration of their office shall deliver the same, and any
money in hand unexpended to their successors.
31. The general or special sessions shall examine the Sessions to au-
accounts of overseers of the poor when so submitted) counts? ^'
and shall allow or disallow the same as shall seem proper,
and determine the just balance that may be due thereon.
32. Every person appointed an overseer of poor who ^i°8 fofefusai
shall refuse to serve shall forfeit five pounds, to be recovered seer.
by the overseers of poor next in office for the same place.
33. Overseers of poor who shall not within one month Fme for ne-
after the expiration of their office render to the clerk of the ler accounts as
peace an account of all sums of money received and ex- '^i""^''''-
pended by them, shall forfeit five pounds.
34. If the inhabitants of any township shall neglect to SliSeTbJ
meet as required, or, having met, shall neglect to make *'^^ sessions, in
adequate provision for' the support of their poor, the justices to assess for the
in session or any special sessions called for the purpose, ^"pp"'^'*'* p"™-
shall, on the application of the overseers of poor for such
township, amerce the same in a sum necessary for that
purpose.
342 THE POOE, [PAET T,
Chap. 89. 35^ Every person appointed a collector who shall refuse
to?s%emsin"To *° servo shall forfeit forty shillings, and another collector
asrve; appoint- shall be forthwith appointed in his place.
coikctos'to^ 36. Every collector shall, once in every three months,
count and pay account with and pay to the overseers all money received
sJe" oneeeveVy by him ) and upoH neglect so to account and pay, the same
three months, jjjg^y ^^ recovered by the overseers as a private debt.
Fine for eoUeo- 37. Every collector who shall neglect for thirty days
toj-^negiecting ^f^^^ acceptance of office to perform the dnty thereof, shall
forfeit five ponnds.
reraons receiv- 38. When any person shall apply for and obtain relief
refund' the from the overseors, and it shall happen that snch person
amount if able. ^^^ ^^ ^j^g ^|jjjg possessed of or entitled to any property,
out of which the expenses so incurred may be repaid, the
overseers may demand and recover from such person a
repayment of the expenses so incurred, as if it were a pri-
vate debt ; and any money recovered shall be accounted for
by such overseers as other public money.
Assessors not! 39. No person being an assessor shall on that account
exempt from as- , ,V a.j t."!,!!
sessments ; line be exempt irom asscssments ; and any assessor who shall
t^aase^sl* tti*em? negloct to assess himself in a just proportion, shall forfeit
selves. five pounds.
Commissions to 40. The sossions shall establish the rate of commission
coUectors. ^^ ^jq allowed to collectors of poor rates, but the same shall
not exceed five per cent.
Forfeitures, 41. All forfeitures under this chapter, when recovered,,
ow app le . gjjg^ii ijg applied to the support of the poor of the town-
ship.
Clerk and trea- 42. The inhabitants at one of their meetings may, if
ap^pointod*^ * they See fit, provide a salary for an officer to be called clerk
and treasurer of the district, and thereupon may appoint a
person,not being an overseer, assessor or collector,, to fill the
office. He shall give a bond to the overseers by their name
of office, with two sureties, in double the amount of the
annual assessment, or thereabouts, conditioned for the faith-
ful discharge of his duty, and shall be sworn into office.
»aty of clerk. 43. The clerk shall be under the direction of the town
meeting while in session, and shall keep a correct record of
its proceedings, from time to time, in a book to be furnished
him for that purpose, which book shall be open for inspec-
tion to all rate payers at all reasonable times. He shall
assist the assessors when required, in writing out and copy-
ing rate bills ; he shall assist the overseers in making up
their accounts, and shall audit and check the same.
Duty of trea- 44. The treasurer shall be under the direction of the
amor. townsHp-meeting while in session, and he sbadl be authorised
to give receipts and discharges to collectors for monies paid
by them to him, and be shall pay over monies so received
upon orders addressed to him in that behalf by the over-
seers ; he shall file away for futiwe reference all accounts,
__ papers, and vouchers relating to his office, and produce the
bonds to be
given.
TITLE XXm.] THE POOE. 343
same when required by the town meeting or the overseers, Chap. 89.
and shall generally discharge the duties of clerk and trea-
surer to the district; he shall not receive or take any com-
missions or other remuneration except his salary, which
shall not be required to be voted annually, but shall be
continued until otherwise altered by a vote ot the town
meeting.
45. This chapter shall extend to the eity of Halifax in chapter appi;-
all cases where its provisions are not inconsistent with Haiikx" wh^r'e
those in the act concerning the city, passed in the session wHh°aorcff*jn-
of 1851. corporation.
46. The meeting may appoint one arad the same person ^"""b^iSk
to be clerk and treasurer if they see fit and treasurer.
SCHEDULE.
Form of general warrant <f d'lMress.
County of ) To A. B., one of the constables of the said
, f county.
Whereas by a rate and assessment made in conformity
with law, the persons named in the schedule have been
assessed for poor rates for a period ending the day of
. And whereas it appears to me, one of the justices
of the peace for such county, upon the oath of C. D., one of
the collectors for the township of , that the several
sums for which they have been assessed have been demanded
from such persons respectively, and that the sums set
opposite their names in the schedule hereto annexed, remain
unpaid. These are therefore to require you forthwith to
make distress of the goods and chattels of the persons
mentioned in the schedule ; and if within the space of five
days next after such distress by you taken, the sums in the
schedule set opposite their respective names, together with
their proportion of justice's and constable's fees, and the
necessary charges of taking and keying the distress be
not paid by each of them respectively, that then you do
sell the goods and chattels of such of them as shall not
have paid such sums with fees as above mentioned ; and out
of the monies arising from such sale you do forthwith pay
over the sums so due by them respectively to the said C.
D., the collector, together with the justice's and constable's
fees, if aay, by him paid ; and that you do render to the
owners of the goods respectively upon demand the surplus
remaining from such sale, the necessary charges of taking,
keeping and selling the distress, being first deducted. And
if no such distress can be made, that then you certify the
same to me.
Given under my hand and seal the day of ,
A. D. 18—.
(Signed) E. F., J. P. (Seal)
344 poor districts. [pakt i.
Chap. 90.
CHAPTER 90.
OF POOR IHSTBICTS.
Poor districiis J, Poor districts as now established sliall so continue
counrmod. , -i i . i i i
until altered by law.
^»^eedin|sfor £. If twBKty Or IB Ore of the rate payers within any
triots; sessions township established for the support of poor, shall, by peti-
A^l for'lhew- tion, apply to the court of sessions, stating their desire that
iug cause. g^pjj township should be divided into two or more districts^
and setting forth the proposed boundaries tfiereof, the
court may, if they think fit, pass an order calling TipoB the
parties interested to shew cause at the next sessions why
snch division should not be made.
Orders to be 3. Copies of such order, setting forth particularly such
*°* ■ proposed boundaries, shall be posted up in at least five of
the most public places within the township sought to be
divided, for at least thirty days next previous to tlife ensuing
sessions.
Orders may be 4. At such scssioBS the court may, if they think fit,
townshi^rlnto make an order dividing the township, either by the boun-
names'^ic ^'^^ daries so proposed, or by such other boundaries as may be
deemed proper, into as many districts as may be thought
necessary for the future support of the poor within the
same, with a name or designation to each.
ordli°ad'^steV ^" '^^® scssions sliall thereupon also ascertain the num-
penae's and the her of paupcrs then chargeable on the whole township
sen? pa'np'erar' divided, and the'amount required for their support, and, by
order, direct the proportion to be borne by each of such
new districts ; and thereafter the expenses of paupers shall
be chargeable on the district in which a settlement shall
have been gained.
Sessionsmayre- 6. The court of scssions may at any time alter or make
I,, ™sub8e^q™e^t anew any order in relation to the expenses of paupers,
ordure. chargeable at the date of their first order on the whole
township, thereby to efi"ect a more equal distribution of
such expenses rendered necessary by any increase or
diminution thereof.
Kates pending 7. All rates, assessments, suits or actions, pending at the
nlrthereby to" date of such first order, may be prosecuted, levied and col-
yaiidated. lected, as if such division had not been made»
TITLE XXni.] BASTARD CHILDREN. 345
Chap. 91.
CHAPTER 91.
OF THE MAINTENANCE OP BASTARD CHILDREN.
1. If any woman shall become pregnant with a bastard information of
child likely to become chargeable to any township, she shall naS'with'aims-
make oath in writing before a justice for the county where JaktnJ'ani ^su7-
she resides that she is so pregnant, and who is the father of tjoes 'warrants
the child; and such justice shall forthwith issue his warrant
to apprehend the reputed father and cause him to be
brought before him or some other justice of the county.
2. The reputed father when brought before a justice, Reputed father
shall be required to enter into a bond, with a surety, to bonla'untii"'"
indemnify such township until after the birth of the child ^^"^ *''« *'«tii-
and until an order of filiation shall be made thereon, or till
the reputed father be discharged on examination and hear-
ing preparatory to the passing such order ; and in default
shall be committed to jail to remain until such examination
and hearing can be had or such bond given.
3. A's soon as convenient after the birth of the child. Hearing after
two justices, on application of an overseer of the poor or order'^Df' £^-
some substantial householder of such township, shall issue a 'i""-
warrant to bring the mother and reputed father before them
at a time and place therein mentioned, and shall hear the
evidence of the mother and of any other person, except
the reputed father, who may be produced by the mother or
reputed father, under oath to corroborate or invalidate the
testimony of the mother, as the case may be, and shall
either discharge the reputed father or make an order of
filiation to indemnify the township for the expenses con-
nected with the lying in and maintenance of the mother and
the birth and ipaintenance of the child to the date of the
order, and that the reputed father pay such sum weekly as
they shall consider right, respect being had to his ability,
towards the support of the bastard child while chargeable
to such township.
4. If the person against whom any warrant shall issue Where refuted
under the provisions of this chapter shall not be found or is in another
within the jurisdiction of the justice or justices issuing the warrtnt maybe
same, or if he shall be suspected to be in any place within endorsed over
this province, a justice of the county or place where such
person shall be, or be suspected to be, upon proof made
upon oath of the handwriting of the justice or justices
issuing the warrant, may make an endorsement (as nearly as
may be in the form hereto annexed,) upon such warrant,
signed with his name, and authorizing the execution
thereof as thereon endorsed, and the carrying of the person
therein named, when apprehended, before the justice
justices who first issued the warrant.
346 BASTARD CHILDREN. [PAKT I,
Chap. 91. 5_ The reputed father shall then enter into a bond with
fieputed ather one siirety to fulfil the order of filiation, or shall pay to the
bond to'^iiu overseers of the poor, twenty pounds for the support of
twenty^ouSds^ ^^^^ such child, Or other town uses ; and, in default, shall be
or suffer six ' forthwith Committed to jail for a time not to exceed six
aonment.™*'" months, or Until he shall have entered into such bond or
paid the twenty pounds.
Information 6. If the mother of a bastard child shall not previously
months aft™ to its birth have made oath in writing before a justice dis-
ees*''wa??ant "' closing the reputed father, any justice may at any time with-
thereon. in three months after the birth, on application of an over-
seer of the poor of the township where the child has been,
or is likely to become chargeable, take the oath of the
mother in writing, declaring who is the father of such child ;
and, thereupon, two justices shall issue a warrant to bring
the reputed father and the mother before them at a time
and place therein named, and such proceedings shall be had
thereon as directed in cases where the mother has disclosed
the name of the father before the birth,
men the repu- 7. If any reputed father shall conceal himself or so avoid
not be seryedi Service of a warrant that he cannot be brought before the
atio"'*may^bo justices as therein directed for hearing and examination,
made in his ab- then they mav make up their order of filiation in his absence
sence ; proceed- ,.-','/ ^ , . i • i c at i_ i
ings thereon, and issue their warrant to bring him beiore tnem at a sub-
sequent day and place therein mentioned, to shew cause
why he should not obey the order and enter into a bond to
indemnify the township from the charge of such child.
Such order may 8. At the time and place appointed the justices shall
ly eonfirmeci'or proceed to coufirm, revcrse, modify, or make a new order of
o"din"'^a 'there- filiation, as may seem right, and thereupon the reputed father
on. " shall immediately enter into a bond with one surety to per-
form the order so confirmed, modified, or made anew, or
shall pay twenty pounds for the support of the child, or
other town uses ; and in default shall be liable to the penal-
ties and imprisonment before prescribed for non-performance
of an order of filiation.
dS'^of muSon ^" ^^ ^ reputed father think himself aggrieved by an
order of filiation, he may appeal to the next supreme court
to be held in the county, except in Halifax where the appeal
shall be to the next general sessions, where the whole
matter may be heard and tried by a jury and the order of
filiation confirmed or quashed; and the decision of such
court shall be final ; but before such appeal shall be granted,
the reputed father shall enter into a bond with one surety
approved by the justices making the order, to perform the
order of filiation, if confirmed, and in such case to pay the
costs incurred by the overseers in consequence of the appeal,
ces" to "rantroi ^^- Upon the examination and hearing preparatory to
the expenses in making an Order of filiation, the justices may direct that the-
der of filiation, mother shall bear a part or the whole of the expense of
further" orders* the maintenance of such child, either by nursing the child
TITLE XXIII.] BASTARD CHILDREN. 347
or as otherwire directed in the order of filiation, or make Chap. 91.
any other order in relation thereto. "
11. The overseers for any township may sue in their Overseers may
1 J i j'r jj.1- 1 i sue bonds in
own names upon any bond entered into under this chapter, their own
whether made to them or their predecessors in office ; and OT^^movai'from
such suit shall not abate by the death or removal from office "p"* ^'"'i.i "?'
- , p •' „ , , abate such Buit.
of such overseers oi poor or any ot them.
12. The following forms shall be used and adhered to as Eorms.
nearly as may be : —
Examination of mother previous to birth of child.
County of ■— ss.
The examination of A. B., of in the county of-
taken on oath before me, who deposeth that she is with
child, which is likely to be born a bastard, and to be charge-
able to the township of and that C. D. of — is
the father of such child.
A. B.
Sworn before me this day of , A. D. 18 — .
E. P., J.P.
Warrant to appreliend the reputed father be/ore the birth.
County of ss.
To any of the constables of the said county.
Whereas A. B. of , in the said county, hath by her
examination in writing, taken upon oath before me this day,
declared herself to be with child, which is likely to be born
a bastard, and to be chargeable to the township of
and that C. D. of is the father of such child, I do
hereby command you to apprehend the said C. D. and bring
him before me, or some other justice for the said county, to
find security to perform any order of filiation that may be
made ; or in default thereof to commit him to jail, there to
remain until an order of filiation shall be made.
E. F., J. P.
■>>
Form of a comrg,itment where a reputed father when hrought
up before birth of child, refuses to enter into bond of indem-
nity, to be endorsed on the warrant.
Whereas the within named C. D. now before me, hath
refused to enter into a sufficient bond to perform an order of
filiation if made, I hereby order that he be committed to jail,
there to remain until he shall have given such bond, or be
brought up for further examination in the premises. Wit-
nes my hand and seal, this day of A. D. 18 —
E. P., J. P. (Seal;
348 BASTARD CHILDREN. [PART T.
Chap. 91. Endorsement bacJdng a warrant.
County of .
Whereas proof upon oath has this day been made before
me , a justice of the peace for the county of ,
that the name of , to the within warrant subscribed,
is the handwriting of the justice of the peace within men-
tioned : I do therefore hereby authorize A. B., who bringeth
me this warrant, and all other persons to whom the same was
originally directed, or by whom it may be lawfully executed,
and also all constables and other peace officers in this
county, to execute the same within this county, and to take
the said C. D., if apprehended within this- county, before
the justice [or justices, as the case may 6e,] who issued such
warrant, to be further dealt with according to law.
Given under my hand, this day of , A. D. 18 — .
E. P., justice of the peace for .
^Examination of mother after the Urth of child.
County of , ss.
The examination of A. B., of , in the said county
, taken upon oath before me,, who deposeth that on
the r day of , last ^ast, at , she, the said
A. B. was delivered of a [male or female] bastard child,
which is likely to become chargeable to the township of
, and that 0. D. of , is the father of such
child.
A. B.
Sworn to before me, this day of , A. D. 18 — .
E. P., J. P.
Bond of indemnification.
Know all men by these presents that we, C. D., of ,
in the county of , and G. H. of , in the same
county , are held and firmly bound unto the over-
seers of the poor for the township of , in the said
county, and their successors in office, in pounds, to be
paid to the said overseers of the poor or their successors
in office ; for which payment well and truly to be made we
bind ourselves, and each of us by himself, our and each of
our heirs, executors and administrators, firmly by these
presents, sealed with our seals. Dated this day of
, A. D. 18—.
Whereas A. B. of , hath declared on oath that she
is with child, which is likely to be born a bastard and to be
chargeable to the township of , and the above
bounden C. D. is the father of such child.
Now the condition of this obligation is such, that if the
said C. D., his executors or administrators, do and shaU
TITLE XXIII.] BASTARD CHILDREN. 349
perform any order of filiation that may be made upon him Chap. 91.
in the premises, then this obligation to be void. '
C. D. (Seal.)
Signed, sealed and delivered, ) G. H. (Seal.)
in presence of j
J. K.
Warrant to bring tip mother and reputed faiher after birth
of child.
Connty of , ss.
To any of the. constables of the said conntj'.
Whereas A. B. of , in the said county ,hath
by her examination in writing on oath, taken before us,
declared that on the day of last past, she was
delivered of a {male or female'] bastard child, in the town-
ship of , and that C. D. of , is the fathe^r of
such child, and that such child is now living and chargeable
to the township of , and the overseers of the poor
of such township have applied to us to issue' this warrant :
These are to command you that you bring the said A. B.
and the said C, D. respectively before us at the of
, in the said county, on the day of , at
the hour of , to be by us further examined, that we
may make such order thereon as to right may appertain,
and also that you do personally attend at the same time
and place.
Witness Our hands and seals this day of ,
A. D. 18—.
E. F., J. P. (Seal.)
L. M.,J. P. (Seal.)
Order of filiation.
County of , ss.
The order of E. P, and L. M. esquires, two justices for
the said county, concerning a [male or female] bastard child
lately born in the township of , of A. B.
Whereas upon the oath of the said A. B. it hath appeared
unto us that on the day of last past, she was
delivered of a [male or female] bastard child in the township
of , and that such child is now chargeable to the
township of , and likely so to continue, and that C. D.
of .^ is the father of such child.
And whereas the said C. D. hath been brought before us
by our warrant, [or "hath refused to appeal' as the case
inay be,] to answer the premises, but hath not , shewn suffi-
cient cause why he shall not be deemed to be the father of
the child :
Wherefore upon an investigation of the matter as well jj^ ■.
upon the oath of the said A. B. as otherwise, we hereby j^ff:
adjudge the said C. D. to be the father of such child, and " •#
350 BASTARD CHILDREN. [PART I.
Chap. 91. thereupon we order as well for the relief of the township
of as for the sustenance of such child, that the said
C. D. shall forthwith, upon notice to him given of this our
order, pay to the overseers of the poor for the said town-
ship, the sum of towards the lying in of the said
A. B. and the maintenance of such child up to this date.
And further that the said C. D. shall pay to the overseers
of the poor of the said township for the time being, the sum
of weeklj'^ from the date hereof during so long time
as the child shall remain chargeable to such township,
towards the maintenance of such child. And we order that
the said A. B. shall also pay to the overseers of the poor
of the township the sum of weekly so long as the
child shall be chargeable to the township in case she shall
not herself take care of the child. Given under our hands
and seals, this day of , A. D. 18—.
E. F., J. P. (Seal.)
L.M., J.P. (Seal.)
Commitment to he endorsed upon the order of JUiationi
County of ss.
Whereas C. D., within named, hath refused to comply
with the within order, or to give suflScient bonds to the
overseers of the poor to indemnify the township of
in the said county, in respect of the support of the child
within referred to, we hereby direct the high sheriff of the
county or the jailer, to receive the said 0. D., afad commit
him to jail, there to remain in close confinement for the
space of or until he shall have given such bond, or
shall otherwise be removed according to law. Witness
our hands and seals, this day of A. D. 18 — .
E. P., J. P. (Seal.)
L. M., J. P. (Seal.)
Warrant to appreliend reputed father after order of filiation,
where he shall have avoided service of previous ivarrard.
County of ss.
To any of the constables of the said county.
Whereas a warrant was issued by us, to bring before us,
on the -day- of , A. B. of , and C. D. of
, which said A. B. appeared under the said warrant,
but the said C. D. could not be found ; and on hearing the
evidence then adduced before us, we did make an order of
filiation in the absence of the said C. D., but he the said
C. D. has not complied therewith : these are therefore to
command you to bring the said C. D. before us, at the
, on the <Jay of -^ , at o'clock, that he
maybe examined by us touching such order of filiation,
and shew cause why he should not comply with such order,
TITLE XXIII. BASTARD CHILDREN. 351
and enter into bonds for the performance thereof, and other- Chap. 91.
wise to be dealt with according to law. Given under our
hands and seals this day of , A. D. 18 — ..
E. P., J.P. (Seal.)
L.M., J.P. (Seal)
The form of commitment the same as that under the
order of filiation, where the father shall have been present.
Bcmd to abide and fulfil the order of filiation.
Know all men by these presents, that we, C. D. of -
in the county of -, and G. H. of , in the same
county , are held and firmly bound unto the over-
seers of the poor for the township of , in the said
county, in pounds, to be paid to the said overseers of
the poor, and their successors in office, or their certain
attorney, executors, administrators and assigns, for which
payment to be well and truly made we bind ourselves and
each of us by himself, our and each of our heirs, executors
and administrators, firmly by these presents, seated with
our seals. Dated this day of , A. D. 18 — .
Whereas by an order of filiation made by and
, esquires, two justices' of the county aforesaid, in
the matter of a bastard child, lately begotten on A. B., the
Said C. D, hath been adjudged to be the father of such
child, and to obey such order of filiation. Now the condi-
tion of this obligation is such that if the said C. D., his
executors or administrators, do well and truly obey such
order of filiation, then this obligation shall become void.
Signed, sealed, and delivered, ) C. D. (Seal.)
in presence of j G. H. (Seal.)
J. K.
The like, where an appeal from such order shad have been
made to the supreme court.
Know all men by these presents, that we C. D. of -
in the county of , and G. H. of , in the same
county , are held and firmly bound unto the overseers
of the poor for the township of , in the said county,
in pounds, to be paid to the said overseers of the poor,
and their successors in ofiice for the time being, of the said
township of ,. or their certain attorney, executors^
administrators and assigns, for which payment to be well
and truly made, we bind ourselves, and each of us by him-
self, our and each of our heirs, executors and administrators,
firmly by these presents, sealed with our seals. Dated
this day of , A. D. 18—.
Whereas by an order of filiation duly made by •
and , esquires, justices of the peace for the county
aforesaid, in the matter of a baatard child, lately begotten
352 BIRDS AND ANIMALS. [PART I.
Chap. 92. of A. B., the said C. D. hath been adjudged to be the father
~ of such child, and to obey an order of filiation made in that
behalf,, from which order the said C. D. hath appealed to the
supreme court [or sessions at Ealifax.'] Now the condition
of this obligation is such, that in case such order shall be
confirmed by the court, then if the said C. D., his executors
or administrators, do pay all costs and charges which may
be legally incurred by the overseers of the poor for the
said township, in consequence of such appeal, and also do
obey such order so confirmed, then this obligation shall
become void.
Signed, sealed, and delivered, ) CD. (Seal.)
in the presence of j G. H. (Seal.)
J. K.
TITLE XXIY.
OF CERTAIN BIRDS AND ANIMALS.
CHAPTER 92.
OP THE PRESERVATION OP USEFUL BIRDS AND ANIMALS.
Partridge,Bnipe 1. No person shall take or kill any partridge, snipe, or
M?tobe"kiiied woodcock, or shall sell, buy, or have the same in his pos-
Brsr^of Marcii session, between the first of March and the first of Septem-
»nd the first of ber in any year; but Indians and poor settlers may kill
September. them for their own use at any season.
Fine for offence 2. Every offender shall forfeit ten shillings for each
offence.
Penalty for kii- 3. No pergon shall take or kill any moose, or shall offer
when.™™**' for sale, or have in his possession, jany moose flesh between
the first day of February and the first day of September in
each year, under a penalty of not more than five pounds,
nor less than forty shilHngsj^the same to be recovered in
the name of the party sueing for the same, in a summary
manner, before a justice of the peace ; and in case of non-
payment, the party to be confined in the county jail for a
period of not more than six days, nor less than two days.
Pheasants not ^- It shall not be lawful for any person to take or kill,
kite* '" *** within this province, any pheasant, or to buy, sell, or have
in his possession any dead pheasant that has been so taken
or killed.
Bead pheasants 5. Any dead pheasant found in the possession of any
person within this province shall be presumed to have been
taken or killed by such person contrary to this chapter,
until proof to the contrary be given by such person.
&c.
TITLE XXrV. BIRDS AND ANIMALS. 353 '
6. Every person offending against the fourth section, Chap. 92.
shall forfeit the sum of forty shillings for each offence, to '^^ —
be recovered in the same manner in which similar amounts
are now by law recoverable, and to be appropriated to the
use of the prosecutor.
7. The sessions may make orders respectins; the setting ^°°\« preser-
p X p J. u ■ J r ?!_ • o ved by order of
of snares or traps tor catching moose, and tor their preser- sessions.
vation, and to affix penalties not to exceed five pounds for
the breach of such orders respectively.
8. Any person may destroy any snare made or existing ^on'of iu7h''ir-
in violation of such orders. ^^^^ "ay be de-
9. If the penalties incurred under the first, second, imprisonment
seventh, and tenth sections be not paid with costs, the E''^are"not^
^Hjgnder shall be committed to jail, there to remain one day paid.
for every five shillings thereof, or until the amount be paid.
10. Any person who shall keep a dog known to kill or Fines for itcep-
accustomed to worry sheep or Iambs, after notice shall pay tomed'^to°'''kiii
ten shillings to the owner for every sheep or lamb killed, *^^p-
and shall also forfeit twenty shillings for each offence.
11. - The fourth, fifth, and sixth sections, shall be in force Duration of sec-,^^^^-'
for the period of five years, from the 18th day of April, fifthand "Lth. ''^•5"**
1856, and from thence to the end of the then next session
of the general assembly.
12. It shall not be lawful for any person to take any f^^^"^ ^'t^t''
oysters from beds where they have been placed for propa- disturbed,
gation, or to injure or destroy them, or wilfully obstruct
their growth therein, in any part of this province : and Penalty,
every person who shall so take, injure, destroy, or obstruct
the same, shall forfeit and pay for each offence ten shillings
in addition to the sum of ten shillings for every bushel of
oysters, including the shells so taken, injured, or destroyed.
13. The penalty imposed under the preceding section pl^ft^f^ "^
may be recovered by any person who will sue for the same,
in the same manner as private debts of a similar amount are
now recoverable, and shall be appropriated to the use of
the prosecutor.
14. Sections twelve and thirteen shall be in force for J?"™ '^eive^"^^^-^
three years after the first day of May 1857, and from thence and thirteen, /j^^
to the end of the then next session of the general assembly.
15. The sessions may make regulations respecting the Sessions may
taking of oysters in any of the bays, creeks, or rivers of "ons! ''®'^"**'
this province, and may impose penalties for the breach of
such regulations ; provided such penalties do not exceed Proviso,
twenty shillings for each offence.
16. The penalties imposed for breach of such regula- ^|„"g^^^j,|5 ^°'^
tions may be sued for as private debts of a similar nature.
by any person who may sue for the same, and when recovered
shall be appropriated to the use of the prosecutor.
17. Sections fifteen and sixteen shall be in force for three P"''''^^""'"™''^
years, from the twelfth of April, 1858, and from thence to sixteen.
the end of the then next session of the general assembly, 't^^j^'^^ "^
354 noxious animals. [paet i,
Chap. 93.
CHAPTER 93.
OP THE DESTRUCTION OP NOXIOUS ANIMALS.
Seasiona may 1. The sessions with the approval of the grand jury,
wards" for^'kiu- may establish rules and appoint rewards for encouraging
cemira?' ^wiFd t^e killing of bears, loup-cerviers, wild cats, and wolves ;
cats and woiTes. and such rewards shall be a county charge.
Preliminary 2. Every pcrsou killing a wolf within the province and
obtafnhi'2^ pro- intending to claim a bounty therefor, shall produce the head
fb?°idiiing"a'^ °^ *^® animal with the skin and ears entire, to a justice of
wolf. the peace of the county where taken, and shall make oath
of the fact in writing, stating the time and place where such
wolf was taken, and shall submit to any further examina-
tion required by such justice ; but no bounty shall be allowed
for any wolf taken out of the womb of the mother.
Justice's duty 3. If the justico shall be satisfied of the truth of the
Ws^ertifloatof ' Statement, he shall cut oif and burn the ears and scalp of
such wolf, and deliver to the person applying, a certificate
of the facts, annexing thereto the affidavit taken, and shall
number the certificates issued by him each year and mark
the number and year thereon.
Bounty of Eve 4. Upou the Certificate with the affidavit annexed, being
fro^'^the^'tTO!^ transmitted to the office of the provincial secretary, a
airy. bounty of five pounds shall be paid out of the treasury to
the party entitled.
TITLE XXV.
OF THE FISHERIES.
CHAPTER 94.
or THE COAST AND DEEP SEA FISHERIES.
ReTcnueoffloera 1- Officers of the colonial revenue, sheriffs, magistrates,
"efa*^ howing' ^^^ ^"7 othcr person duly commissioned for that purpose,
within three may go ou board any vessel or boat within any harbor in
coaat, ic. * * the province, or hovering within three marine miles of any
of the coasts or harbors thereof, and stay on board so long
as she may remain within such place or distance.
Proceedings' 2. If such vessel or boat be bound elscwhere and shall
terfbound "se- contiuuc withiH such harbor, or so hovering for twenty-four
onSo/to'de- hours after the master shall have been required to depart,
part. any one of the officers above mentioned may bring such
TITLE XXY.] FISHERIES. 3u5
vessel or boat into port and search her cargo, and also Chap. 94.
examine the master vipon oath touching the cargo and '
voyage ; and if the master or person in command shall not
truly answer the questions demanded of him in such exami-
nation he shall forfeit one hundred pounds ; and if there be
any prohibited goods on board, then such vessel or boat,
and the cargo thereof, shall be forfeited.
3. If the vessel or boat shall be foreign and not navi- Foreign vessels
gated according to the laws of Great Britain and Ireland, pLinl "to ^Ih,
and shall have been found fishing or preparing to fish, or to goea, forfeited!"
have been fishing within three marine miles of such coasts
or harbors, such vessel or boat, and the cargo, shall be
forfeited.
4. All goods, vessels and boats liable to forfeiture may Vessels and
i-jj ju £ t. cc goods forfeited
be seized and secured by any oi such omcers or persons so fiabie to sei-
commissioned; and every person opposing them, or any one ft/'obsKtoS
aiding such opposition, shall forfeit two hundred pounds. officers.
5. Goods, vessels, and boats, seized as liable to forfeiture custody of ves-
wnder this chapter, shall be forthwith delivered into the seized" ^°°
custody of the officers of the colonial revenue next to the
place where seized, to be secured and kept as other vessels,
boats, and goods seized, are directed to be secured and
kept by law.
6. All good, vessels, and boats, condemned as forfeited Condemned ves-
under this chapter, shall by direction of the principal officer how disposed of|
of the colonial revenue where the seizure shall have been 0°^ds*^how™ap.
secured, be sold at public auction, and the produce of such p^'"'^
sale shall be applied as follows : the amount chargeable for
the custody of the property seized, shall first be deducted,
and paid over for that service, one half of the remainder
shall be paid to the officer or person seizing the same with-
out deduction, and the other half, after first deducting there-
from all costs incurred, shall be paid into the treasury of
the province ; but the board of revenue may nevertheless
direct that any vessel, boat, or goods, seized and forfeited,
shall be destroyed, or reserved for the public service.
7. All penalties or forfeitures hereunder shall be prose- Penalties and
• tuffpi til rp^ liovf
cuted and recovered in the court of vice admiralty. proaeeutei
8. If any goods, vessel, or boat, shall be seized as forfeited ^'^^^'^^^jj^?'] ^^
under this chapter, the judge of the vice admiralty, with delivered olso-
the consent of the persons seizing the same, may order ''"''^■
re-delivery thereof, on security by bond, to be made by the
party, with two sureties, to the use of her majesty. In
case the property shall be condemned, the value thereof shall
be paid into the court, and distributed as above directed!.
9. All suits for the recovery of penalties or forfeitures suits,^ how
shall be in the name of her majest}', and shall be prosecuted proserated";
by the advocate general, or in case of his absence by the admiaJab™''as
solicitor generaL If a dispute arise whether any person is *"*"o4'cers*°'"
authorised to seize under this chapter, oral evidence may '
be heard thereupon.
23
356 FISHERIES. [PAET I.
Chap. 94. iq_ If any seizure take place under this chapter, and a
Ui"oase8°^o?'se°/ <^i^put6 arise, the proof touching the illegaHty thereof, shall
zurotorestmith be upon the owner or claimant.
ciata8"of pro- ^^- ^° claim to anything seized under this chapter, and
perty seized to returned into the court of vice admiralty for adjudication,
shall be admitted, unless the claim be entered under oath,
with the name of the owner, his residence and occupation,
and the description of the property claimed; which oath
shall be made by the owner, his attorney or agent, and to
the best of his knowledge and belief.
Security to te 12. No person shall enter a claim to anything seized
fiafm entered. Under this chapter until security shall have been given in a
penalty not exceeding sixty pounds to answer and pay costs
occasioned by such claim ; and in default of such security
the things seized shall be adjudged forfeited, and shall be
condemned.
Montii's notice 13. No Writ shall be sued out against any ofE-cer or
actS^' ^^^"^^ other person authorized to seize under this chapter for any
thing done thereunder, until one month after notice in
writing, delivered to him or left at his usual place of abdde
by the person intending to sue out such writ, his attorney
or agent ; in which notice shall be contained the cause of
action, the name and place of abode of the person who is
to fbring the action, and of his attorney or agent ; and no
evidence of any cause of action shall be produced except
such as shall be contained in such notice.
Limitation of 14. Every such action shall be brought within three
seik'fng olce?!.' mouths after the cause thereof has arisen.
Certificate of 15. If on any information or suit brought to trial under
5f°sei'™ra"shau ^^^^ chapter on account of any seizure, judgment shall be
prevent the re- given for the claimant, and the judge or court shall certify
&c. ' on the record that there was probable cause of seizure, the
claimant shall not recover costs, nor shall the person who
made the seizure be liable to any indictment or suit on
account thereof. And if any suit or prosecution be brought
against any person on account of such seizure and judgment
shall be given against him, and the judge or court shall cer-
tify that there was probable cause for the seizure, then the
plaintiff, besides the thing seized or its value, shall not re-
cover more than two pence damages, nor any costs of suit,
nor shall the defendant be fined more than one shilling.
Amendsmaybe 16. The Seizing ofScer may within one month after
oM^owmth"'*'" notice of action received, tender amends to the party com-
plaining or his attorney or agent, and plead such tender.
Limitation of 17. All actions for the recovery of penalties or for-
naiues, &e. ^''' feitures imposed by this chapter must be commenced within
three years after the offence committed.
Appeals, within 18- No appeal shall be prosecuted from any decree or
prosecuted*" ^^ Sentence of any court in this province, touching any penalty
or forfeiture imposed hereby, unless the inhibition be
apphed for and decreed within twelve months from the
decree or sentence being pronounced.
TITLE XXV.] FISHERIES. 357
19. All coasting vessels under sixty tons burthen, owned Chap. 94.
in this province, and engaged in the coasting trade thereof, coasting ves-
shall be furnished with a narrow piece of plank or iron na^ro'" ^ta^ "f
affixed to the bottom of the keel and level therewith, extend- piank or iron
ing aft at least six inches beyond the aperture between the thfstem^post'''^
stern post and rudde^', and well secured on the keel. But
this section shall not extend to vessels in which the main or
false keel extends six inches beyond the aperture between
the stern post and rudder. •
20. Any owner or master of a coasting vessel not so Forfeiture for
furnished or built, running foul of any net set off the har- where^oolstlJs
bors, bays and rivers of the coast, shall, upon due proof ^[^ea?* ^° ^™"
thereof, forfeit five pounds, to be recovered by the party
injured to his own use as a private debt ; leaving to the
party grieved, nevertheless, his rights at common law for
any further damage.
21. In this chapter " vessels " shall include ships ; and Definition of
" harbors " shall include ports, bays and creeks. *^™^'
22. The first eighteen sections are suspended, as regards Suspension of
citizens and inhabitants, of the United States of America, Sionsf*"*^^"
and shall continue so suspended and not in force so long as
the treaty between her majesty and that country, signed on
the fifth day of June, 1854, shall continue and be in force.
23. The master of any vessel, registered and belonging Agreement to
to this province, and bound from any port therein, to be betwe™ mas"er
employed in the deep sea fishery, shall, before proceeding *°'^''"''-
on such fishing vovage, enter into an agreement in writing
with every person on board, apprentices excepted, which
agreement shall express whether the same is to continue
for one voyage or for the fishing season ; and shall also
express that the fish, or the proceeds of such fishing voyage
or voyages which may appertain to the crew of such vessel,
shall be divided among them in proportion to the quantity
or number of fish which they may respectively have caught ; „
which agreement, in addition to the signatures of the ment.
master and crew, shall be countersigned by the owirer of
such fishing vessel, or his agent, and shall be as nearly as
possible in the form given in the annexed schedule.
24. Any person having engaged for a voyage or for the Penalties for
fishing season, as before provided, who shall, while the '^®^'^'^°"-
agreement therefor continues in force, desert or absent
himself from the vessel in which he shipped, without leave-
of the master, shall be liable to the same penalties and for-
feitures imposed on the like offences under chapter seventy-
six ; and every master of a fishing vessel taking any person,
on a deep sea voyage without entering into the before
required agreement, shall be liable to the penalty imposed:
on that offence by the same chapter.
358
Chap. 95.
EIVEB riSHEEIES.
[PAET I.
Schedule in this chapter referred to.
Form of agree- An agreement made in pursuance of an act of the general
assembly of Nova Scotia, passed in the sixteenth year of
the reign of her present majesty, entitled " an act relating
to the deep sea fishery," between , master of the ship
, of the port of , of the burthen of tons,
and the several persons whose names are subscribed hereto.
It is a^eed by and on the part of the said persons, and
they severally hereby engage to serve on board said ship
in the capacities set opposite their respective names, on a
fishing voyage from the port to ; [here the
intended voyage is to be described, and the duration of the
same, and the nature of the same as nearly as can be done,
and if the same is to continue for the fishing season,'\ and
back to the port of ; and the said crew agree to
conduct themselves in an orderly, faithful, honest, careful
and sober manner, and to be at all times diligent in their
respective duties and stations, and to be obedient to the
lawful commands of the master in every thing relating to
the said ship, and the materials, stores, and cargo thereof;
in consideration of which services, to be duly, honestly, faith-
fully and carefully performed, the said master doth hereby
promise and agree with the said crew ; [here insert the par-
ticular agreement with reference to the division of the fish
among the sharesmen at end of voyage.'] In witness whereof
the said parties have hereto subscribed their names on the
days against their respective signatures mentioned.
Place and time of entry.
Men's
name.
Age.
Place
of
birth.
Quality.
Am'nt
of
shares.
Sureties.
Witness
to execu-
tion.
Jt&y. Month.
Year.
CHAPTER 95.
OF EIVEB FISHEEIES.
Timofortaking 1. 'Hereafter the time for the taking of Salmon in any of
salmon. ^j^^ rivers of this province, except in salt water, below low
water mark, shall be regulated by the sessions.
Fisheries on ri- 2. The sessions shall annually appoint such and so many
thrtughp°ri^ite places on the rivers and streams as may be attended with
gulatod^by^et ^^^ ^^^^^ inconvenience to the owners of the soil, or the
sione. rivers, as resorts for the purpose of taking fish ; but the
TITLE XXV. j EITEB FISHERIES. 359
same, and the enactments herein contained, shall not extend Chap. 95.
to any species of fish taken from the sea except salmon,
bass, shad, alewives, and gaspereaux.
3. In cases where a river shall be the dividing line be- Session's orders
tween two counties, the orders and regulations of the ses- oenfre^of" til*
sions in each county shall have force and effect only to the Tw^whioh^dil
centre of the channel of the river being such dividing "des counties,
line.
4. The sessions may from time to time make orders for sessions to
the setting and drifting of nets, the erecting and placing of ^tcting''*th ™"
wears, and generally for the conducting of fisheries in all the in'*'^^nets*'''"'"
bays, harbors, rivers, streams, or creeks, or on the shores erecting o't
thereof, or those of any of the counties, to be enforced by Tppoint "oVer-
penalties not exceeding ten pounds for breach of any such ^®®"'
order; and shall appoint overseers for such fisheries and
define the limits of their jurisdiction, and the overseers
shall see such orders carried into effect.
5. No person shall by spearing or sweeping with net or Salmon flsiie-
,1 ,, ij.i.1 1 ■ • r'es in rivers re
seme, take, or attempt to take any salmon in any river, guiated and
stream, lake, or water course, above where the tide usually p™'™'«<1-
rises and falls ; and nets for taking salmon above the usual
rise and fall of the tide, shall be set or placed only on one
side of such river, stream, lake or watercourse, and at such
times as shall be fixed by the regulations of the sessions.
No stake, seine, wear, net, or other contrivance for taking
salmon, shall be set or placed within one quarter of a mile
next below any mill or dam erected across any such river,
stream or Watercourse ; and no net for taking salmon shall
extend more than one third of the distance in a straight
line across such river, stream or water course.
6. Any person who shall violate the provisions of the last Fine and forfei
section, shall forfeit a sum not exceeding ten pounds, and tronoPfasVsec-
in addition all spears, implements, canoes, boats, nets, seines, offe^ke'/'^ap-"*^
wears, and other contrivances used or employed in, about peai.
or preparatory to the taking of salmon contrary to the pre-
ceding section, or to any orders of sessions made or to be
made thereunder, shall be liable to forfeiture ; and the same
may be seized at once under warrant of any justice and
detained until the trial of the offender, when they may be
declared forfeited, and ordered to be sold at public auction.
If upon appeal from the judgment of the justice the owner
or possessor of the articles so declared forfeited shall give
security to pay into such justice's hands the value thereof,
to be by him estimated, in case the judgment appealed from
shall be confirmed, then such owner or possessor shall be
entitled to their immediate restoration.
7. Every person discovered at night with a spear and Persons equip-
torch, or a torch only, in or about any river, stream, lake, Eshing°to be***
or watercourse, above the rise and fall of the tide, either in j^e Mt'rf fiah
a boat or canoe, or otherwise, and apparently equipped for "qs-
taking or spearing salmon, shall be considered in the act of
360 AGRICULTURE AND RURAL ECONOMY. [PART I.
Chap. 96. spearing salmon ; and the burthen of disproving the same
shall be upon the party so discovered.
Wardens, ap- 8. The sessions in the several counties or districts may
iow's°wora &o' appoint wardens of the river fisheries if they shall think
' ' such ofiicers necessary; and such wardens shall be sworn
to the faithful discharge of their duties before any general
or special sessions, or before a justice of the peace, and the
affidavit shall be filed with the clerk of the peace.
Compensation 9. The grand jury maj'- provide such compensation as
they may deem adequate for such wardens, to be confirmed
by the sessions, and to form a county charge.
TITLE XXYI.
CHAPTER 96.
OP THE ENCOURAGEMENT OP AGRICULTURE AND RURAL
ECONOMY.
Central board 1. The govemor in council shall appoint a central board
how'^appointed; of agriculture at Halifax, to consist of eleven persons, seven
of whom shall be resident in Halifax or its vicinity, and one
each in the eastern, middle and western divisions of the
province and in Cape Breton ; four of whom shall be a
quorum.
Board entitled 2. The board shall be entitled to draw out of the trea-
to draw certain g-^-y ly^Q hundred pouuds annually for two years, out of
tumsof money; ,.-',,, ^ i , '' ■,- ■' \ n
application which they may expend a sum not exceeding seventy-nve
lllints. "" °'° pounds annually for the salaries of their officers, and a fur-
ther sum not exceeding twenty-five pounds for their inci-
dental expenses; and shall lay out the balance in such way
as they shall deem best for promoting agricultural improve-
ment ; and they shall exhibit an account of such expendi-
ture, with proper vouchers, every year to the legislature.
Duty of the 3. The board shall open and carry on a correspondence
with the several agricultural societies already formed, or
which may hereafter be formed in this province ; and shall
aid and direct them as far as may be required in prosecuting
their several objects ; and shall likewise inspect and audit
the accounts to be rendered by the several societies of the
application and expenditure of their funds as hereafter
mentioned ; and from the reports to be furnished b}' the
societies, and from such other sources of information as
may be accessible to the board, shall furnish to the legisla-
ture, at every session, a general report of the progress of
board.
TITLE XSTI.] AGRICULTURE AND RURAL ECONOMY. 361
agriculture throughout the province, and of the expenditure Chap. 96.
of all monies granted therefor.
4. The sum of fifty pounds for each of the counties, vnty pounds
making eight hundred and fifty pounds in all, may be applied fJuSty"^ j^ow to
annually for the next two years, as follows : — the board in i>e divided, and
each year shall ascertain whether the agricultural societies uons.
that now are, or hereafter may be, formed in the several
counties, ought to receive a proportion, and shall likewise
determine what proportion, if any, each one of such soci-
eties shall receive out of the grant of fifty pounds, such
proportion to be regulated by the board, with reference to
the numbers and contributions of the members of each soci-
ety, and to its local influence and usefulness, and so as one
society, if there be no more than one in any of the counties,
may receive with the approval of the board, the whole of
such grant ; and the president and secretary of each society
shall be entitled to draw out of the treasury, for the pur-
poses of this chapter the sum that may have been assigned
to it by the board ; but no society shall be entitled to any
portion of such grant, which shall not raise annually by
private contributions, the sum of ten pounds at the least ;
and not more than four societies shall receive any propor-
tion of the grant in any one county ; and in all cases where
a central county society, with a branch or branches in the
county, shall be formed, and approved of by the central
board, the sum of fifty pounds shall be given to such cen-
tral society for distribution, for the purposes of this chapter,
in all cases where the sum of twenty pounds shall have,
been raised by the central society and bi-anch or branches
thereof jointly in manner before mentioned.
5. The sums so assigned and paid to the several soci- Application of
eties shall be applied and expended by them in the importa- ^*"
tion of live stock, implements, or seeds, in the offering of
judicious premiums, or in such other agricultural objects
and uses as may from time to time be recommended by the
board, or in the absence of such recommendation, as in the
judgment of each society may be best adapted to its local
position and wants ; but no part of such sum shall be applied
in the, expense of managing the societies.
6. Each one of the societies throughout the province Aeoounta of so-
shall render to the board on or before the thirty-first day of "endered^under
December in every year, a full and exact account, verified oati^-
by the oath of the president or secretary, of the expendi-
ture of the sum so assigned and paid to such society out of
the grant, as also of the amount and appropriation of the
funds contributed by or belonging to such society, with a
report of its proceedings for the past year ; and any society
which shall neglect or refuse to furnish such account and
report, unless excused by the board, shall not be entitled in
any year thereafter to receive any proportion of the
grant.
362 AGRICULTURE AND RURAL ECONOMY. [PAET I.
Chap. 96. 7. The justices in general sessions in each county, shall
Koguiations, ^^"^6 power to make rules and regulations for the destruc-
howmade. ' tion and prevention of the growth of weeds injurious to
agriculture, which rules and regulations shall have the force
of law.
Inspectors i pe- 8. The sossions shall appoint inspectors or officers to
nailies. carry such rules and regulations into effect ; and they shall
affix penalties to the violation of such rules and regulations,
AppHeation of not to exceed five pounds, and shall make such rules and
■ regulations applicable to all lands, highways,^ streets, lanes,
and cemeteries, whether owned or in possession of commis-
sioners, trustees, incorporations, or private individuals,
Fines, how re- and to lands owned by individuals, trustees, or incor-
corored. porations, absent from the county or province. And all
monies or fines payable by such non-resident persons,
whether private individuals, trustees, or incorporations,
under and by virtue of this chapter or such regulations,
may be sued for and recovered in the sujireme court
in the name of such inspector or officer, although such
fines or monies may be under the sum of five pounds,
either by a writ of summons, or in case of individuals, trus-
tees, or incorporations, absent from the province, by a writ
of attachment, briefly setting forth the cause of action.
And all fines and monies payable under and by virtue of
this chapter, or such rules and regulations, by individuals,
trustees, commissioners, or incorporations resident within
the county, shall be sued ^or and recovered before one or
two justices in the name of the inspector, in the same man-
ner and with like costs as if the same were a private
debt.
Duty of inspeo- 9. The general sessions .shall annually appoint such
inspectors, who shall be sworn to the faithful discharge of
Districts. their duty ; and the sessions shall fix the limits of the dis-
tricts within which such inspectors shall act, and shall make
rules and regulations applicable to such districts, and have
^^ectorsf ^°'^™' power to affix penalties for the neglect or non-performance
of the duties of such inspectors ; which fines or penalties
shall be sued for and recovered by the clerk of the peace
for the time being, in the same manner and with like costs
as if the same were a private debt.
Kemuneration. 10. The sessions shall provide for the remuneration of
such inspectors to be appointed as hereinbefore directed,
either out of the fines and penalties recovered hereunder,
or out of the county treasury, or otherwise as they shall
see fit.
^'"d'' into' 'the ^^' All fines and penalties recovered under the seventh
county trea- and eighth sections, or such rules and regulations, shall be
°"'^^' paid into the county treasury.
title xxvii.] trustees op public peopeett. 363
Chap. 97.
TITLE XXYII.
OF CERTAIN MUNICIPAL REGULATIONS.
CHAPTEB, 97.
OP TEUSTEES OF PUBLIC PEOPEETT.
1. The grand jury in each county or district sliall recom- Trustees of pub-
mend six persons resident therein, out of whom the sessions poinfeJ^y' sea-
shall appoint three, to be trustees of public property; and sions ; record to
the sessions, upon the recommendation of the grand jury, toes a'boiy oor-
may remove them or any of them, and vacancies shall be p°™'^-
supplied by the grand jury recommending double the num-
ber of persons necessary to supply the same, out of whom
the sessions shall appoint the number required. The clerk
of the peace shall keep a record of such appointments,
removals and vacancies, and the dates thereof. Such trus-
tees shall be a body corporate by the name of " the trustees
of public property for the county [or district] of ."
2. All lands granted, conveyed, reserved or dedicated, ^'^"^^^ ^"^ 5™-
& K ■' \ !• J. J. P^'''y Tested in
or which may have been procured, or, lor twenty years trustees.
before the passing of this chapter, shall have been used for
public purposes in the county or district, whether for the
site of any court house, jail, or lock-up house, or for the
public purposes of the county or district generally, with
the buildings and appurtenances thereon or thereto belong-
ing, and all lands and buildings hereafter procured or given
for the public purposes of the county or district generally,
shall vest in such trustees on their appointment, for the
public uses for which the same may have been originally
intended.
3. All such lands and buildings shall be leased and ^^nds to bo
o., , leasedsuDjectto
managed by the trustees, under and subject to the control control of ses-
f. , 1 ■ sions.
01 the sessions.
4. No lease shall be made hereunder for a longer period Leases limited
, , ° -^ to seven years.
than seven years.
5. The trustees may make bye-laws for the better regu- ^y^"^"'"^'* "^"^
lation of such lands and buildings, and affix penalties for
breach thereof ; but no bye-law shall be in force until appro-
ved by the sessions and filed with the clerk of the peace.
6. The trustees shall annually render tbeir accounts ii" fru°°tees*%o^ be
writing to the sessions, to be by them audited, and when rendered annu-
approved they shall be filed by the clerk of the peace. ""^^
7. Penalties incurred under the bye-laws, and rents due ^X^'how ^xe-
to the trustees, may be recovered by them in like manner covered.
as if they were private debts due them; and the trustees
364 PUBLIC MARKETS. [PART I.
Chap. 98. shall pay into the county treasury all monies that they may
' receive hereunder.
Expenses of 8. The expenses of the trustees in the execution of the
a"olunty"^°™ trust, shall, when approved by the sessions, form a county
char^ei. charge.
Lands and pro- 9. Nothing herein contained shall affect any place of
umn^the^^erl- diviue worship, burial ground, college, academy, school, or
chapter''''* any land thereto belonging, or any land belonging to any
religious congregation or society, or any lands vested in the
supervisors of public grounds, under chapter 68 ; or shall
deprive any person of any right lawfully acquired, nor shall
any thing herein contained affect any lands or buildings now
vested in trustees, or the necessary control of the sheriff
over the court house and jail.
Trustees of 10. The scssious in each county shall have power to
appointmentof. appoint trustecs of school lands in bluj to^vTlship or district
in this province where none are now appointed.
Vacancies, how 11. Whenever any vacancy shall occur, by death or
removal from the county, incompetency, or refusal to act,
of any trustees already appointed to take charge of any
school lands in any township or district in this province,
the sessions may appoint trustees to fill such vacancy, who
shall have the same power as the original trustees.
filled.
CHAPTER 98.
OP PUBLIC MARKETS.
Existing public 1. Public markets, where now bylaw established, are
ftj-med; sessions Confirmed ; and upon the recommendation of the grand jury,
Srs.^*'*''"*'' ^^^ sessions may establish new public markets, and may
procure and fit up a market house as directed in chapter 46.
^oint'offioerl'^" ^' "^^^ scssious may direct the days of the week and
make "ye'liaws, hours ou which public markets shall be held, and may
""'' ifthemir^ appoint keepers of the market who shall also act as clerks
contro.
kets. thereof, and shall be sworn into office, and have the powers
of constables so far as regards keeping order in the market,
• and shall be removable by the sessions. The sessions shall
also establish the pay of such keepers and clerks, and fix
the rates of stalls or standings in the markets, and make
bye-laws for the regulation of markets and impose penalties
for breaches thereof, not exceeding ten shillings for every
offence. The keepers and clerks shall bring actions for
such penalties in their own names, and shall be competent
•' witnesses to prove the offence.
Rents and pe- 3. The rent of the stalls and standings in the markets,
na t^es, ow ap- together with the whole amount of the penalties recovered
TITLE XXTII.] FIRES AND FIREWAEDS. 365
under the preceding section, shall be applied under the Chap. 99.
direction of the sessions to the repairs of the market
house.
4. The keepers and clerks shall annually render their •^™^™¥ '°Jjf
accounts' in writing to the sessions, to be by them audited, ally.
and when approved they shall be filed by the clerk of the
peace.
CHAPTER 99.
OF FIRES AND FIREWARDS.
hOT¥
1. The provisions of this chapter shall extend to the Places towhioh
city of Halifax and the following towns, viz : Windsor, S'this'^ohapter
Bridgetown, Annapolis, Digby, Yarmouth, Shelburne, Liver- extend.
pool, Lunenburg, Chester, Dartmouth, Pictou, New Glas-
gow, Antigonishe, and Sydney, Cape Breton.
2. The extent of such towns, for the purposes of this Limits of towns
chapter, shall be confined to the limits within which the aSed.^ "''^^
commissioners of streets have jurisdiction, but may be
altered by the sessions, and the sessions may also divide the
towns into different wards, and may appoint such limits
where there are no commissioners of streets.
3. In Halifax appointments and other proceedings which, Provisions of
as respects other places, are hereinafter directed to be made came™' out "
and taken by the sessions, shall be made and taken by the Halifax city,
city council ; and prosecutions, which in other places are
directed to be instituted before a justice of the peace, shall
be instituted before the mayor's court, or the mayor and one
of the aldermen; and penalties directed to be recovered in
the name of the firewards, may be recovered in the name of
the city ; and nothing herein contained shall affect any
powers conferred upon the city council by the acts respect-
ing the incorporation of the city.
4. The sessions shall annually appoint such number of Krewards, how
the inhabitants of every such town as may be deemed neces- bf^'swom 'and
sary to be firewards, who shall be sworn to the faithful dis- bad^e'^o/offile*'
charge of their duties, and shall have a suitable staff as-
signed them as a badge of office. On any re-appointment of
such firewards, it shall not be necessary that they should be
again sworn into office.
5. Upon the breaking out of a fire, the firewards, taking ^^*|g "J^eak-
their badges with them, shall forthwith repair to the spot ing out of »-c i
and use their utmost endeavours to extinguish and prevent *'"^"' po"™^-
the spreading of the fire, and to preserve and secure the
property of the inhabitants, and may command th'e assist- •
ance of the-inha,bitants therein, and in removing property
out of any building actually on fire, or in danger thereof,
366 JFIRES AND FIEEWAEDS.. [PART I,
Chap. 99. and appoint guards to secure and take care of the same ;
■ and may command assistance for the pulling down of build-
ings, or for other services relating thereto, to prevent the
further spreading of the fire, and to suppress tumults and
disorders ; and due obedience shall be yielded unto them
for those services, and generally, at such fires ; and for any
disobedience of their orders, information thereof shall,
within ten days next thereafter, be given to a justice of the
peace, and the offender shall be liable to a penalty not
exceeding forty shillings, and if he shall not pay the
same, shall be imprisoned for a period not exceeding ten
days.
Buildings may 6. Upou the occurrence of a fire in Halifax four of the
in oe" tain oaaos fire wards, and in the absence of four fii-ewards, three fire-
der •''™OTtribu- Wards, and in all other places two of the firewards, or in the
tion' damages, absenco of two firewards any fireward that is present with
oorery. ' a justice, may direct any building to be pulled down, if in
their judgment the doing so will tend to prevent the further
spreading of the fire ; and if the pulling down of such build-
ing shall have the effect of stopping the fire, or the fire
shall stop before it comes to the same, the owner of such
building shall receive payment therefor from the rest of the
inhabitants, whose houses have not been burnt, in manner
following, viz : the owner of the building shall, as soon as
may be, make application to the sessions, who, if satisfied
of the justice of the claim, shall make an order for a valua-
tion of the damages so sustained, to be made by three
indifferent persons ; and such persons shall be sworn before
a justice of the peace to the faithful discharge of their
duties, and they or any two of them shall make return of
their proceedings to the sessions; Whereupon the court shall
appoint two or more assessors, who shall tax the houses
that have not been burnt in such proportions as shall be
deemed just according to their value, for paying the
damages sustained by the owner of the building so pulled
down, and also the charges for valuation, taxation and col-
lection, to be settled before the making of the assessment ;
and the assessors shall also report their proceedings upon
oath to the sessions ; and the court shall thereupon issue an
order for collecting the monies so assessed, and in case of
non-payment the same shall be levied by warrant of distress,
to be issued by the sessions upon application by the collec-
tors ;^ and, when the assessments are collected, the sessions
shall order payment to be made to the claimant of his
damages, according to the approved report of the apprais-
ers, and also the payment of the charges hereinbefore men-
tioned ; but, if the building puUed down shall be the build-
ing where the fire begun, or if any other building shall be
pulled down, or be begun to be pulled down, which shall be
on fire at the time the orders are given for pulling the same
down, or which shall take fire while such orders are being
TITLE XXVn.] FIRES AND FIEEWAEDS. 367
carried into execution, the owner of such building shall not Chap. 99.
be entitled to any compensation therefor.
7. The word "sessions" whenever used in the preceding Sessions to
section, shall mean either a general or special sessions. ^SalsessUins^
8. Buildings constructed of stone or brick and covered Kre-proof
with incombustible materials shall be exempted from taxa- taxable" under
tion under the sixth section; and such buildings when ^t^'J}. ^.^fidlngs
covered with combustible materials shall be liable to an ^roof^ow'tax-
assessment upon half the value thereof only. ed.
9. No person shall, at a fire, break open any building Fine for break-
er attempt to pull the same down, or order others so to in|8°'wfthout "
do, unless orders therefor shall have been first given by the ^^y^""^ autho-
owner of the building, or as previously provided; and any
person violating this provision shall for every offence for-
feit a sum not exceeding five pounds.
10. The firewards shall from time to time report to the Duty of fire-
sessions what number of ladders, hooks, buckets, bags, gards fire im-
chains, ropes, axes, and saws are required for service at pi«'°«"*'-
fires, and the probable expense thereof and of keeping the
' same in repair ; and the sessions shall order such of them
to be provided as they may deem necessary; but every fire-
ward shall be at all times provided with two ladders with
hooks, one of which ladders shall be at least twenty four
feet in length and the olher at least sixteen feet in length,
one fire hook, two axes, one saw, twelve leather buckets,
and twelve large bags, which shall be, by the firew^ards,
deposited in the most convenient places in each district,
and where, on the alarm of fire, the inhabitants of the dis-
trict shall assemble and proceed, under the direction of the
firewards, with such of the implements as may be deemed
necessary, to the place of danger.
11. The district of which each fire ward shall have charge nistriots and
shall be numbered, and the implements in the last section ™''namb?red^
mentioned shall be marked with the number of the district PJ'ST'J'f'A J«"i-
to which the}'^ belong, and within twenty-four hours after ments.
the extinguishing of any fire the different implements shall
be delivered at their place of deposit ; and if thereafter any
of such implements shall be found in the possession of any
person, he shall forfeit a sum not exceeding forty shillings;
and any person who shall use such implements except at a
fire or on an alarm thereof, shall forfeit a like sum.
12. The sessions may appoint such number of firemen Firemen, tow
for each town as they may deem necessary, who shall, under ti?eir duty.'
the firewards, have the charge of the fire implements herein-
before mentioned, and shall be obliged to keep them in good
order and fit for service ; and upon an alarm of fire they
shall at once repair to the place of deposit of such imple-
ments and bring the same to the place where the fire shall
have been discovered, and shall there diligently use the
same, under the direction of the firewards, in such way, as
may be deemed most useful for extinguishing the fire.
868 FIRES AND FIREWAEDS. [PART I,
Chap. 99. 13. One of such firemen, to be appointed by the fire-
A fireman duly wards, shall have the power of a fireward in commanding
t!?efireward3to assistance in taking the fire-implements to or from any fire,
have the power and a like penalty shall attach for disobedience of his orders
Of a fireward as of those of a fireward.
Fire constaWes 14. The sessions may appoint so many fire constables as
theTr°'p?wel*s'"^' they may deem necessary, not exceeding six for each
and duties. district, who shall be sworn into office, and shall at the time
of fires, with suitable staves, to be provided them, attend
upon the firewards, and act under their directions in subdu-
ing the fire, keeping order and preventing thefts ; and if any
constable so appointed shaU neglect to be sworn into office
within a reasonable time after being notified of his appoint-
ment, or, having been sworn in, shall neglect his duty, he
shall forfeit a sum not exceeding forty shillings.
General sos- 15. The general sessions for any county may hereafter
|ir°fir?en*-iues^ assess upon a district, to be by them defined, such sum of
money as they shall think necessary, to be applied in pro-
>4~ tY^^ curing a fire engine with hose, fire buckets, and other neces-
^ Jf /Ti'^ sary appurtenances for such district ; and also such sums as
l^^- ^^^^ may be required from time to time for keeping the same in
^ ' repair.
Property! to be 16. Such monies shall be assessed upon houses and
assessed. buildings, and every description of insurable personal pro-
Assessors, perty within such district, by assessors to be appointed by
such general sessions, at such times and in such proportions
as such /general sessions shall direct.
17. Such assessors shall appoint one or more collectors,
ufenr'how^en- ^^o ^^ coUcct such monies, and such monies shall be col-
foroed. lected and payment thereof enforced in the same manner as
county rates are collected and their payment enforced.
To be paid into 18. Such collectors shall pay over the monies by them
sury°"ac«o'n'^ Collected to the county treasurer, and the county treasurer
tor's!"^' '"'"*'°" may maintain an action for money had and received against
any of such collectors who shall not pay over the monies
by him collected.
"°e'ot''o/'dut°''- ^^' ^^^ collector or assessor who shall neglect to per-
reoovery of. ' form the duties of his office, shall forfeit a sum not exceed-
ing ten pounds, to be recovered in the name of any person
\ who will sue therefor, in the same manner and with the like
costs as if it were a private debt due such person.
Engine men, 20. The sessious may from time to time appoint such
their'^IS'^'^' number of engine men as may be deemed necessary, who
shall take charge of the fire engines, and shall keep the
same in good order and fit for service ; and upon an alarm
of fire they shall repair with their engines to the place
where the fire shall have been discovered, and work the
same under the direction of the firewards.
appomted "/° ^^- ^°® ^^ '^'^ engine men, to be appointed by the fire-
the firewards to wards, shall have the power of a fireward to command any
of rareward!" necessary assistance in taking the engines to and from fires,
TITLE XXVII.] FIRES AND FIREWAEBS. 369
and any person refusing to obey his orders therein, shall be Chap. 99.
liable to the same fine as hereinbefore imposed for disobey-
ing a fireward.
22. Firemen and engine men shall be exempted from the Firemen md
performance of statute labor, except in respect of cattle empted from
and teams, and from serving on juries, or in the office of du"e3? ^^^'^'^
constable; and these exemptions shall extend to persons
who shall have actually served as firemen or engine men
for a period of sixteen years, and shall have obtained a cer-
tificate of such service from the captain or lieutenant of
the company, countersigned by the secretary.
23. Upon any vacancy among the firemen or engine Vacancies, how
men, the same shall be at once reported by the captain to ^^^'^ '^ '
the sessions, that the vacancy may be supplied.
24. The firewards may nominate arid license chimney chimneysweep-
sweepers, and if any person shall act in that capacity with- pointed' an^' li-
out being so licensed, he may, on a summary conviction fOTaotln^g™ ft'/
thereof before a justice of the peace, be imprisoned for a ""* license.
period not exceeding one month.
25. Licensed chimney sweepers shall enter into bonds chimneysweep-
with two sureties, to be approved by the firewards, for per- bonds ; pJnaity
forming their duties during the term for which they may be duty^dfo.^"' "^
appointed, and for conforming to the ' regulations of the
firewards in reference to the sweeping of chimneys. And
in case of neglect or refusal to perform their duties, or to
comply with such regulations, they shall forfeit, for every
oflence, not less than five nor more than twenty shillings ;
and if the penalty shall not be paid within ten days after
conviction, and no personal property whereon to levy can
be found, the offender may be imprisoned for a period not
exceeding ten days, or the bond may be put in suit for the
payment of the penalty and costs.
26. The firewards may make regulations respecting the Fines for enfor-
times and mode of sweeping chimneys ; and if a fire shall tiJnsres^ceting
happen in any building or chimney so as to create alarm or o^f^eys.' "= "'
to endanger the neighboring buildings, and the occupants
of the building where the fire occurs cannot make it appear
that their chimneys have been swept according to such
regulations by a licensed sweeper, they shall forfeit ten
shillings, to be recovered in the name of any fireward. And
any fireward who shall be aware of the offence and shall
not prosecute for the penalty within five days thereafter,
shall forfeit five pounds.
27. Any two firewards may demand admittance into any Power of are-
1., T •; ..I 1 iiT j.1. • wards to enter
buiidmg wherem they have reason to believe there is any into buildings
dangerous chimney, stove, stove-pipe or funnel ; and if in l^^^ r™s?ecting
their opinion the same shall be dangerous, they shall order ^j^gf^™^^
them to be altered or removed in such manner as they shall
direct ; and if their directions shall not be complied with,
the firewards shall cause such removal or alteration to be
made at the expense of the occupants of the building ; and
370 FIRES AND FIREWAEDS. [PART I.
Chap. 99. if any person shall refuse admittance to the firewards while
acting under this section, or shall not make the removal or
alteration by them directed, he shall forfeit a sum not ex-
ceeding forty shillings, to be recovered, together with the
expenses of removal or alteration, in the name of the fire-
wards, or any of them ; and in default of payment the
offender may be imprisoned for a period not exceeding
ten days.
Their power to 28. If any two firewards shall consider it proper to
oMoombuslfbi'e inspect the placing or situation of any combustible mate-
!fa^itfes°'^°i'nou?" "^'^' they may demand admittance into any building or place
red, how enfor- for that purpose ; and if they shall deem the same danger-
'''"'■ ous, they shall direct the occupant of the building or place
to remove such materials or alter the placing thereof; and
if he shall neglect to obey them, they may make the
removal or alteration at his expense ; and if any person
shall refuse admission to the firewards Avhile acting under
this section, or shall not carry out their orders, he shall
forfeit forty shillings, in addition to the expense of carrying
out the direction of the firewards, to be recovered in the
name of the firewards, or of any of them ; and if the penalty
and expenses shall not be paid with costs, the offender may
be imprisoned for a period not exceeding ten days.
Provisions re- 29. No person shall keep at any one time in any one
powderf pmai- placc withiu the limits of the firewards, ox in any vessel or
eDforce^ent!"'"^ boat, for more than twelve hours after she has reached any
wharf within such limits, more than twenty-five pounds of
gunpowder ; and if any person shall violate the provisions
hereof he shall forfeit five shillings for every pound of such
gunpowder over twenty-five pounds, to be recovered in the
name of the firewards or any of them ; but this provision
shall not extend to any vessel or boat belonging to her
majesty wherein gunpowder may be kept for pubhc pur-
poses ; and all prosecutions hereunder shall be commenced
within three months after the offence shall be committed.
Warrant to ie- 30. Any justice of the peace, upon complaint on oath by
broken'^ opentf a fireward, that he has reasonable cause to suspect that
searchTor'dan- dangerous quantities of gunpowder are kept in any place
gerous quanti- contrary to the provisions of the last section, may issue his
d'er ° prooeed- Warrant to scarch therefor in the day time ; and if admit-
u"nd*er.''^'^°' taucc under the warrant shall be refused, and such refusal
shall be made appear on oath, the justice may grant a
further warrant to break open the place where such gun-
powder is supposed to be deposited ; and if upon any search
a greater quantity than twenty-five pounds of gunpowder
shall be found, the fireward may seize and sell such excess
at public auction, and the proceeds shall be applied for the
purposes of this chapter.
Sessions cm- 31. The scssions may make regulations to prevent the
nSe'^orders occurrence, increase or spreading of fires within the towns
reiatrvl"tofir'es! i^ t^is chai)ter mentioned, aad to prevent the unnecessary
TITLE XXVII.] FIEES AND FIREWARDS. 371
ringing of fire bells, or the destruction thereof, or of their Chap. 99.
appurtenances ; and shall have the management and control
of the engine men and firemen, and may increase or diminish
their numbers ; and shall have general powers for the due
carrying out of the provisions of this chapter, and may affix
penalties for breach of any such regulations, not exceeding
forty shillings.
32. If any person shall wilfully destroy or injure any Kne for injur
public well or pump, or fire plug, or any engine or fire im- i^^pu^pg"^'^"^
plements, within the limits to which this chapter extends,
he shall forfeit five pounds ; and in default of payment, and
no effects being found whereon to levy, may be imprisoned
for not more than ten days.
33. The fire wards shall annually appoint a chairman who chairman to be
shall act as treasurer of the board, and shall submit his *PPf;j°*^^ g'^^^;
accounts annually to the firewards, to be audited and signed wards-, ws office
by them, and submitted to the sessions for examination and
approval.
34. All penalties recovered hereunder shall be applied Application of
under the direction of the sessions towards the purchasing impiemen'ts,
and keeping in repair of engines and fire implements, and the and repaired'^
sinking and keeping in repair of pumps and wells, and gene- j^ Pj^S'^nd oou
rally in carrying out the objects of this chapter ; and the lected.
sessions may at any time direct new engines and fire imple-
.ments to be procured for any town herein mentioned which
may be within their jurisdiction, and new wells to be sunk
and pumps placed therein ; and the expenses thereof
and of keeping them or those already in use in repair, and
all such further sums as may be requisite for the purposes
of this chapter, shall be assessed, levied and collected, with-
in the limits of the town where the expense shall be incur-
red, in the same manner as poor rates are assessed, levied'
and collected, and shall be paid over to the county treasurer,.
to be applied under the direction of the sessions for the
purposes contemplated.
35. Whenever any building or property shall be injured p''"®®.'^"^ «°
or destroyed by fire, and the cause or origin thereof- shall of'tiie origin of
not be known, the mayor of the city of Halifax within the ^'^^'
city of Halifax, and the custos or any two justices of the
peace in other parts of the province,- shall cause- an investi-
gation to be made to ascertain the cause or origin' of the
fire, and the same shall take place before the mayor or two-
or more aldermen in the city of Halifax, ar before- two or
more justices in other places, who shall have- power to
enforce the attendance of such persons tc give evidence
before them as they may require, by summons or warrant
under their hands and seals, and t©^ examine- them under
oath, and the proceedings, and all depositions connected
therewith, shall be returned tO' the- prothonotary of the
supreme court of the county where- the- fiire has taken place,
and be filed by him in his office-.
24
372 FIREARMS AND FIREWORKS. — GUNPOWDER. [PART. I,
Chap. 100. 36. The word "fir&wards'' when used in this cha-pter,
D^nition of shall includs one or more of them, unless otherwise expres-
terms. gg(j or repugnant to the context.
CHAPTER 100.
OF THE DISCHARGE OF FIRE-ARMS AND FIRE-WORKS.
Fine for. ran- 1. If any person shall unnecessarily discharge any fire-
charge' of foe ^™^s within the city of Halifax, or within any town, or
..arms. within one hundred yards of any person riding or driving,
he shall for every offence forfeit ten shillings on summary
conviction before a justice of the peace, and in default of
payment shall be imprisoned for twenty-four hours.
Fine for iiapro- 2. If any porsou shall wantonly throw any fire-works, or
I?e-wolk™lStf permit the same to be thrown, into any street, thoroughfare
.certain piaoesi, or passage, or into any building, or shall make any bon-fire
or iiuDroDSriv •
making bon- withiu One hundred yards of any building, he shall for every
^'^^^' offence forfeit forty shillings, and in default of payment
shall be imprisoned for a period not exceeding fourteen
days.
• Prosecutions to 3. Prosecutioiis Under this chapter must be commenced
be within eight ^^^.^j^.^ ^^^^^ ^^^^ ^^^^^ ^-^^ offcnce Committed.
CHAPTER 101.
OF THE TRANSPORTATION OF GUNPOWDER.
cf the convey- 1. No person shall convey by land more than one thou-
der by^fanj!"''' sand pouuds of guupowdor at one time.
Protection 2. More than fifty pounds of gunpowder shall not be
ulan fif™°ibs. placed in any one cart to be land-borne, unless the same
in one cart. shall be Completely covered with woollen or hair cloth,
exclusive of the package and the covering of the carriage.
Carts not to 3. No Carriage Conveying gunpowder shall be stopped
twenty rods of a Icss than twenty rods from any dwelling house.
Metaiuc suiT' ^- ^'^ "'°'^' ^*^^^' °'' i^etallic substance, other than cop-
stanoes not to per hoops on the casks, shall be placed on any carriage,
cartiaden with together witli any quantity of gunpowder exceeding fifty
powder. pounds.
Quantities oyer 5. No gunpowder exceeding fifty pounds shall be placed
w"igh^t"howso- in any carriage, but in barrels, half barrels or quarter bar-
rii^'e'. ^"^ '""^' rels, tight and well hooped with wood or copper hoops.
TITLE XXVII.] WOODS AND MARSHES. — RIVERS. 373
6. No more than twenty-five pounds of gunpowder shall r?^^-^L^_?.'
be carried from, one place to another, unless the package Quantities over
be well hooped and sufficiently wrapped with woollen or pounds", "owse-
hair cloth. '^^ ''""■- "'"'-■
7. If any person shall offend against the provisions of Forfeitures for
this chapter, he shall forfeit for every offence a sum not °''™™^-
exceeding twenty pounds.
8. ■ Nothing in this chapter contain shall affect the car- carriage of gun-
JO T f 1 • , , ■ powaer for her
riage of gunpowder tor her majesty's service. majesty's ser-
vice not to be
affeoted by tbis
chapter.
CHAPTiSR 102.
OF BURNING WOODS AND MARSHES.
1. The sessions shall make regulations for preventing sessions to
damage by setting fire to and burning woods, under-brush uom for" burn-
or marsh lands, at unseasonable times, and shall affix penal- j^|rshes"&o
ties' for breach thereof, not exceeding five pounds.
2. ' Prosecutions under this chapter must be commenced Limitation of
within tliree months after the offence committed. prosecutions.
3. If. any person convicted under this chapter shall not imprisonment
pay the penalty and costs, and shall have no goods whereon fOTwant^of ™
a levy can be made, he may be imprisoned for a term not soods.
exceeding ane^day for every five shillings of tlie amount of
the judgment unless the same shall be sooner paid.
CHAPTER 103.
OP THE CONVEYING OP TIMBER AND LUMBER ON RIVERS, AND
THE REMOVAL OF OBSTRUCTIONS THEREFROM.
1. Upon the written application of twenty freeholders oommissionera.
resident in the locality of any river, or owning lands thereon, t'S^'^'furisd^il'
or interested in rafting and driving logs, timber, and lum- f°^ ^
ber, or conveying wood or other articles down such river,
setting forth their desire that commissioners should be
appointed for clearing and removing obstructions from such
river, which application shall be first read at the sessions
and approved of by the grand jury and sessions, who shall,
in such cases, establish the points in the river between
which the powers of the commissioners shall be limited, the
clerk of the peace ^hall return such application into the pro-
vincial secretary's office with a certificate of such approval
and the limits so established, and thereupon the governor
374
EITEES.
[part I.
Chap. 103.
Powers ofoom-
missioners.
Sessions may
make refla-
tions regarding
refuse from saw
mills, &c., being
tbi'own into ri-
vers, &e.
Commissioners
may borrow mo-
ney.
Tolls to be esta-
blished } their
application.
Accounts to be
submitted an-
nually and au-
di ted by the ses-
sions.
Operation of
chapter re-
stricted.
Sessions fern-
powered to
make regula-
tions.
in council maj appoint three or five commissioners for the
purposes of the five succeeding sections of this chapter.
2. The commissioners may remove from the river all
obstructions within the limits of their authority, and may
erect wing-dams at such places and in such manner as they
shall see fit, and do all other acts necessary to facilitate the
passage of logs, timber, lumber, wood, and other articles
down the river; and for that purpose may enter upon public
or private lands, doing no unnecessary damage ; and the
commissioners or sessions may make regulations to prevent
obstruction to rivers by the throwing into them of slabs
and other refuse wood from saw mills; and the sessions may
impose penalties for the violation of such regulations, and
may direct the method of recovering the same.
3. The commissioners may borrow upon their own credit,
or upon the credit of the tolls arising as hereinafter men-
tioned, such sums of money not exceeding one thousand
pounds in the whole, as may be necessary for the purposes
of their appointment.
4. When the undertaking is completed the commissioners
may collect a toll of such amount, and in such manner, and
under such regulations for enforcing payment thereof as the
sessions may from time to time direct, upon logs, timber,
lumber, wood, and other articles brought down the river
Avithin their jurisdiction, and shall apply the tolls to the
payment of the amount borrowed with interest, but no toll
shall be levied after the amount is liquidated.
5. The commissioners shall annually submit an account
of their expenditure and proceedings, and of the tolls col-
lected, to the sessions for audit, and when approved it shall
be filed by the clerk of the peace.
6. Nothing herein contained shall be construed to sanc-
tion any claim on the provincial revenue in respect of the
monies so borrowed, or to authorize any interference with
the navigation or fisheries of the river, further than may be
absolutely necessary for the purposes contemplated, or to
injure or affect private rights further than as expressly
provided.
7. The sessions shall, when found necessary, make regu-.
lations respecting the bringing down of logs, timber, and
lumber on rivers, and the seasons of the year at which the
same shall be brought down and the removal of obstructions
thereto ; and also as to the placing and upholding of booms
with the consent of the owners of the soil on either side of
the river, and the times of continuing such booms, and for
preventing the booms from obstructing the navigation of
the river, and may fix the rates of boomage that shall be
paid to the owners of the booms on articles secured thereby,
and the manner in which such boomage shall be collected
and applied, whether for the repair of the booms or the
use of the owners thereof; and also as to the taking of
TITLE XXVII.J MADMEN AND VAGRANTS. 375
articles from one boom to another; and may appoint persons Chap. 104.
to take charge of the booms and eoUect such monies as
may be due under such reguUxtions, and may impose penal-
ties for breach of such regulations, of not less than five nor
more than forty shillings ; but nothing herein contained
shall authorize the removal of any mill-dam.
8. Persons may bring logs, timber and lumber down Logs, timber
rivers, in reference to which such regulations have been may tiebrought
made ; provided they shall in all respects conform to the derr°guUtion"s'
regulations and do as little damage as possible to the owners
of the soil adjoining.
9. The word " river" when used in this chapter shall ufj''^ord"iTer
include streams running into any river.
CHAPTER 104.
OP MADMEN AND VAGRANTS.
1. Any madman may be apprehended under warrant Madmen may
from two justices of the peace, and if his legal settlement ^| a^jjf gont°to
shall be in any place within the countj^, he shall be secured '{J^.p}*"^ °^,,
within the same, and there, if necessary, chained ; and if ment-, expenses
such settlement be not within the county, he shall be sent hoyp™vided
by the justices, by order under their hands, to the place of
his last legal settlement, and shall be there secured under a
warrant from two justices of the peace for the county to
which he shall be so removed ; and the charges of removing,
maintaining, and curing such person during his restraint,
being first proved on oath before two justices, shall be paid
out of the proceeds of the personal property, or the rents
of the real estate of such person, if any he have, over what
will maintain his family ; and which property or rents may
for that purpose be seized and sold by the overseers of the
poor of the place of such person's last legal settlement,
under a warrant from two justices ; and if such person hath
not any property or rents applicable therefor, then such
expenses shall be borne by the inhabitants of the district
within which such person shall have his last legal settlement,
in the same manner as if he were a pauper chargeable to
such district.
2. Persons who unlawfully return to any place whence common ra-
they have been legally removed as paupers, and idle and SaUbedeemed
wandering persons having no visible means of subsistence, ?H°'J| how pun
and persons going about to beg alms, shall severally be
deemed common vagrants, and may be brought up and sum-
marily convicted by a justice of the peace, and thereupon
imprisoned for not more than one month.
376 public exhibitions. [paet i.
Chap. 105.
CHAPTER 105.
OP PUBLIC EXHIBITIONS.
License for puT)- 1- The clerk of the licenses, with the consent of two
how'^obSed?' justices of the peace, shall grant a license to an}^ person
applying, for holding any show, play, or public exhibition,
upon such person paying a sum not exceeding twenty-five
shillings nor less than five shillings per day, at the discre-
tion of the officer granting the license ; the money to be
paid for such license before the granting thereof, and to be
paid for every day for which the license is granted, to be
therein expressed, which license shall not be operative out
■of the county where granted.
Mode of pro- 2. If the clerk of the licenses shall be absent, or shall
cferk^of license reside more than five miles from the place where it shall
absent or living jjg intended to hold the exhibition, two justices may grant
Deyond a cer- it i ... , ' "^ ^. R
tain distance, such license under and subject to the payments, restrictionsj
and regulations in the .first section mentioned ; and they
shall, within thirty days after granting the license, make •
return thereof to the clerk of the licenses, and at the same
time pay over the amount of duties received therefor.
Fees on grant 3. The clei'k of the licenses or justices granting any
mg loense. g^Q.]^ license, shall be entitled to receive therefor a fee of
two shillings and six pence.
Fine for exhitii- 4. If auy person shall hold any show, play, or public
censel and^how exhibition without previously obtaining a license, he shall
reooTored. forfeit five pounds for every day the same shall be held, to
be recovered in a summary manner before two justices of
the peace, and to be by them, within thirty days after receipt,
paid over to the clerk of the licenses.
Clerk of the 5. * The clork of the licenses shall, within ten days before
peace, dutyof in -ix- c j.i • j n ■ i- i
r^iiation to fines overy Sittings 01 the sessions, pay over to the cotintytrea-
/ileoted. surer, for county purposes, all duties and penalties by him
received under this chapter.
City of Halifax 6. The provisions of tliis chapter shall not extend to
exempted from ,i ■, /? tt ti ' ■
tiiis etapter. the City ot Haliiax.
CHAPTER 106.
OP STKAY HORSES AND CATTLE.
stray"catti«,&e. 1- Whenever any horses or cattle, or any swine or sheep
with.*" '"^ '''^*^' shall stray into the yard, barn, or enclosure of any person,
he shall detain the same ; and if not claimed within twenty
TITLE SXVII.] STEAY HORSES AND CATTLE. 377
four hours, he shall forthwith thereafter transmit to the Chap. 106.
town clerk of the township, or if the place be not within
any township, then to the town clerk of the adjoining town-
ship, a description of every such animal, with the color,
size, ear-mark if any, age, and particular marks thereof, so
as the owner may be enabled to recognize it by the descrip-
tion; and shall, at the foot thereof, write a notice of the
time and place of finding such animal, and also the place
where the same is detained.
2. The town clerk shall file the description and notice. Town oiert's
and post up a cop}' thereof in his office for at least ten days ''°*-*' '^"'^ ^°''^'
after he has received the same, for which services he shall
be entitled to a fee of one shilling for every animal.
3. If no person shall claim the animals within ten days Proceeding
after such notice posted up, the finder may apply to a jus- rnt''ai)peai^™'
tice of the peace, who iipon proof of the notice having been after due notioe.
duly posted, shall, by order under his hand, direct any con-
stable to sell the animals ; and the constable shall forthwith
sell the same, having first given notice by advertisements
posted in three of the most public places within the
township or settlement for at least six days. No sale shall,
however, take place between the thirtieth of April and the
first of December ; but in case there shall not be sufficient
time after the receipt of the order to advertise the sale for
some day before the first day of May, the constable shall
not proceed to sell until after the thirtj^-first of October.
4. After deducting from the proceeds of sale five per Application of
cent, for the constable for his services in advertising and faie?^*^' °^
selling, and the reasonable expenses of keeping the animals,
' together with the town clerk's fee, the balance shall be paid
to the overseers of the poor for the place where the
animals were found, to be applied to the use of the poor
therereof, unless claimed by the owner of the animals with-
in twelve months after sale, in which case it shall be paid to
the owner.
5. If the owner shall claim his property before sale, he Fees payable
shall be bound to pay the finder his reasonable expenses of ^afmoS^ifefo'e
keeping, and also the town clerk's fee, and if advertised the ^''^'=-
reasonable expense thereof
6. If any question shall arise between the owner or Dispute as to
overseers of the poor, and the finder, either respecting eJplnsesfuow
ownership or expenses of keeping, either of the parties settled,
may apply to two justices of the peace, who shall determine
the matter, and make such order therein as may appear
just.
7. If any person who may have detained any such stray Finesfordetain-
animal, shall not, within a reasonable time, transmit the ani "n'ot^' pro-
description and notice to the town clerk as hereinbefore t^fg^'„^|pt^r It
directed, he shall forfeit for every hofse or head of cattle rcotod.
not more than forty shillings, and for every hog or sheep
not more than twenty shillings.
378 infected cattle. — sea manure. — coasting. [paet i.
Chap. 107.
CHAPTER 107.
, OP THE GOING AT LARGE OF INFECTED CATTLE AND OF DOGS,
AND VICIOUS ANIMALS AND GEESE.
Sessions shall 1. The sessions shall make regulations for preventing
Uons^respectfng the going at large of infected horses and cattle, and the
seeTe.*dos3*&cl Spreading of distempers among them ; and also as to the
going at large of dogs and of vicious animals, and of
geese ; and shall affix penalties for breach of any such regu-
lations ; which penalties shall not exceed as respects horses
and cattle, five pounds, and as respects dogs and geese,
twenty shillings,
imprisonmenq 2. If judgment be given for any such penalty and the
goo™to pay defendant shall not pay the same, and shall not have goods
"°^- whereon the same may be levied, he may be imprisoned for
a period not exceeding one day for every five shillings of
the penalty.
CHAPTER 108.
OF THE GATHERING OF SEA MANURE.
Sessions may 1. The sessions may make regulations with regard to
S'ons'respecSng the Collecting and taking away of sea manure which may
sea manure. \)q driven by the sea and lod|.'ed upon the shores and
beaches ; and if an}' person shall transgress such regula-
tions he shall, for every offence, forfeit a sum not exceeding
forty shillings.
Private rights 2. Nothing in this chapter contained shall extend to
" * "" " "^ take away or abridge any private rights or interests on any
of such shores or beaches.
not affected.
CHAPTER 109.
OF COASTING ON HIGHWAYS.
Sessions may 1- The scssions may make regulations for preventing
"on^resplftilfg' P^rsons from coasting, skating, or sliding on the snow or
oaating. ice down the hills on highways or streets ; and impose a
penalty not exceeding five shillings for breach of such
regulations.
TITLE XXVII.] EOADS OVER THE ICE. 379
2. The parents of minora and the masters of appren- Chap. 110.
tices, who shall transgress any such regulation, shall be Parenta and
liable to the penalty thereior. sibio forpenai-
CHAPTER 110.
OP ROADS OVER THE ICE.
1. The sessions may make regulations for ascertaining sessions may
the safest track for roads over the ice on harbors, rivers, uoMrespIlung
creeks, lakes, or bogs, and for putting down or continuing J™^''^ *°'^ ^j^
bushes or other marks for defining the course of such roads, ice.
and to prevent the removal or destruction of such biishes
or other marks ; and may affix a penalty for breach of any
such regulations, not exceeding twenty shillings for each
offence, which shall be applied, one half to the person
sueing, and the other half for county purposes.
2. The expenses incurred in putting down, continuing, Expenses to
1 i i- T. 1 I. 11 p J. forma county
repairing and protecting such marks, shall form a county charge.
charge.
380 deeds by mareied women. [paet ii.
Chap. 111.
PART II.
OF THE ACQUISITION, TRANSMISSION, AND ENJOYMENT OP
PROPRRTY, REAL AND PERSONAL, THE DOMESTIC
RELATIONS, AND OTHER MATTERS COX- ■' f'
NECl'ED WITH PRIVATE RIGHTS.
TITLE XXYIII.
OP REAL PROPERTY AND THE ALIENATION THEREOP.
CHAPTER 111.
OP DEEDS. BY MAREIED . WOMEN.
Deeds by tnar- 1. All deeds executed under power of attorney or other-
exeouted™'""^ ""^ise, made by a married woman jointly with her husband, '
or concurred in by a separate conveyance executed by him,
of estates to which she is entitled or may have any present
or future interest, whether in her own right or by way of
dower or otherwise, shall have the same effect as if made
by an unmarried woman, if such power of attorney or deed
be acknowledged by such married woman before a judge
, of the supreme court or a justice of the peace, as her free
. ' act and deed, and to have been executed without compul-
sion by. her husband, or to that effect; which acknowledg-
ment shall thereupon be certiiied by such judge or justice
in writing, upon such power of attorney or deed.
Poods how exe- 2. If such married woman reside without this province, ,
oated abroad. guQ|i acknowledgment may be taken before the mayor of
any city or the judge of any court of record residing at or
near the place where such married woman may be, and shall
be certified in writing on the power of attorney or deed by
such mayor or judge, and his certificate shall be authenti-
cated under the hand and seal of a notary public. If such
married woman reside in a foreign cornitry such acknowledg-
• i ■ ' ment may be taken before any public minister, ambassador
> or consul from the court of Great Britain or vice consul
there residing, and shall be certified on the power of attor-
ney or deed under the hand and seal of such public func-
tionary.
Aoknowiodg- 3. Every such acknowledgment and certificate shall be
reg"stoed.""'' registered with the p(?wer of attornoy or deed.
■4*M.>'-*"
TITLE 2XTIII.] ESTATES TAIL. — REGISTRY OF DEEDS. 381
4. All deeds and powers of attorney, heretofore execu- Chap. 112.
ted and acknowledged, and hereafter to be executed and ^ds~of mar-
acknowledged by married women in foreign coiintries, be- r'^'i. women in
' fore any mayor or judge of a court of record, and certified triesrwhcn va-
in writing on the same, by such mayor or judge, and such "*'
certificate being authenticated under the hand and seal of a
notary public, shall be valid and effectual to bar the dower
or right of any married woman in the lands and premises
therein mentioned.
CHAPTER 112.
OP ESTATES TAIL.
1. All estates-tail are abolished and every estate which Estates tail
would hitherto have been adjudged a fee-tail, shall hereafter ^''°^^^"-'''-
be adjudged a fee-simple, and if no valid remainder be limited
thereon, shall be a fee-simple absolute, and may be convej^ed
or devised by the tenant in tail, or otherwise shall descend
to his heirs as a fee-simple.
CHAPTER 113.
OP THE REGISTRY OP DEEDS AND INCUMBRANCES AFFECTING
, ■ LANDS.
1. The e;overnor in council may appoint a registrar of ?<5&jstrars of
._ c> ,-,1 -ji T deeds, how ap-
deeds tor every coimty m the provmce, and tor every dis- pointed : depu-
trict in which such appointments are now made. In case pofnted^in'^oer-
of the contemplated absence from the county of the regis- tain cases,
ti-ar, or' in case of his illness, he may, with the approbation
of the governor and council appoint a deputy, who may
perform all the duties of the registrar during such absence
or illness, and for all his acts the registrar and his sureties
shall be responsible.
2. Fire proof safes shall be provided in the several coun- Fire-proof safes
ties and districts for the preservation of the records, books, '"''"P^^^"'*' ■
and papers of the registry.
3. The grand jury and sessions shall provide for the g^fe^kee" in™
custody and safe keeping of the books of registry, and see &o., of uooiis of
that they, with the indices, are placed and kept in good and ^^'^^^ ^^'
eflScient condition ; and shall assess upon the county, with
the county rates, such sums as may be necessary from time
to time in the premises.
382 REGISTET OF DEEDS. [PART It.
Chap. 113. 4. In case the grand jury shall not comply with the
If no assess- foregoing section, the justices in session may amerce the
Say'ameror' counties respectively, for the necessary amount, and may
direct the mode of its application.
Bonds to be 5. No registrar shall enter upon the duties of his office
'="^®°- until he shall have given bond to her majesty, with such
sureties, and to such amount, and in such form as the
governor in council may direct, for the faithful performance
of the duties of his office, and the indemnifying of all parties
who may be injured by his default or misconduct.nor until he
shall have satisfied the governor in council that he has pro-
vided a suitable place for the custody of all deeds, papers, and
books of registry, which may come to his charge or keeping.
Books of regis- 6. Every registrar shall furnish well bound books, of a
T!Sed''°theFr™' kind to be approved of by the governor in council, as suit-
kind and qua- ^ble for the registry of deeds and incumbrances affecting
lands, and in which books such incumbrances and deeds
shall be registered.
Double indexes 7. A doublc index to the books of registry shall be made
rlgish'y °to ' be*^ and kept by every registrar, including, in case of deeds, the
■'*?'■• names of all the grantors and grantees, and in case of judg-
ments and attachments, the names of all the plaintiffs and
defendants.
Double indexes 8. A double iudcx sliall be made and kept in like man-
try*'to bl kepT' Der by evcry registrar, of all deeds proved and lodged in
his office, and of all dockets of judgments and attachments
lodged therein ; in which every deed shall be entered so
soon as it is proved and lodged, and every docket of judg-
ment or attachment when lodged.
Deeds, &e. to be 9. All deeds, judgments and attachments affecting lands,
ttieTandsUa™ ^^^^^ ^® registered in the office of the county or district in
which the lands lie.
Deeds to be CO- 10. All deeds shall be Copied into the books of registry,
traosoripts'" ^ SO as to bc, as near as possible, transcripts of the original;
tered in'the '"'" ^^^ copics of any plaiis Or schcdulcs annexed, shall likewise •
books. be entered in the books.
Deeds how pro- 11. Deeds within the province may be proved, first,
provinoe^"^ "'^ upou the oath of oue of the subscribing witnesses to the
due execution thereof by the parties executing the same ;
or, secondly, upon the personal acknowledgment by the
parties, under oath, of the due execution thereof.
Oaths admiuis- 12. Such oaths may be administered by the registrar of
ua?^ j'ud.'ef or ^^6 county or district, and shall be so certified upon the
justices 0? tiie (jgej • gr they may be administered by a ludge of the
peace) certiB- ' •' "^ • ,• n ,, J J b
cateto shew the supreme court, or a justice oi the peace, or by any other
'**''°' registrar, who shall sign a certificate thereof, declaring the
date of the attestation on the deed, and the same shall be
registered thereupon along with such certificate.
Deeds how 13. In case all the subscribing witnesses to the execu-
subsoribingwit- tioii of a deed by all or any of the parties thereto; shall be
ne^ssdeadorab- ^j^^^^ ^^ ^j^gg^^. ^^^^ ^^^ province, the registrar shaU
TITLE XXVIII.] EEGISTKY OF DEEDS. 383
register the deed upon sufficient proof of such death or Chap. 113.
absence, and of the hand writing of any one of the sub-
sci'ibing witnesses thereto, to be made before him or any
other registrar, or a judge of the supreme court, upon oath,
such oath to be endorsed upon the deed or annexed thereto,
and registered therewith.
14. Deeds may be proved out of the province, as well needs how
in foreign countries as in the British dominions, by the oath the piovlnoe.
of a subscribing witness, or the acknowledgment -of the
parties under oath, as in the. eleventh section; such oaths to
be administered by a judge of any court of record, by the
mayor of any city, by a justice of the peace, or by a notary
public, residing respectively at or near the place where the
deed is proved ; and the attestation, with the date, to be
certified under the seal of a court of record, or of a city,
or under the hand and seal of a notary public ; and where
a deed is proved in a foreign country, the oath may be
administered by, and the attestation, with the date, certified
under the hand and seal of any public minister, ambassador •
or consul from the court of Great Britain, or vice consul
residing at or near the place where the deed is proved.
15. Where a deed shall have been duly proved and Deeds, Ac. duly
lodged, or the docket of a judgment, or the copy of a writ ged^for resistry
of attachment with the description and appraisement, duly f/omthTtimeof
lodged as above, for registry, the time when the same shall heiog lodged:
have been so proved or lodged shall be accounted the date
of the registry of such deed, judgment or attachment,
respectively ; and the same shall be registered in the same
order in which they were so lodged or proved.
16. The registry of a deed executed b)'' virtue of a when a deed is
power of attorney shall not be valid unless such power or a^powlr of at-
a deed subsequently confirming the authority given thereby, po^e^'mSst he
shall be registered in the office of the county or district registered.
where the lands lie.
17. Process of subpoena may be issued out of the ma^'TsTue* to
supreme court as in ordinary cases, and with the necessary t°Xnce*''of''t
variation in form, to compel the attendance of any witness witness on the
to, or the production of any deed for proof thereof, that §eed"for™proo1r
the same be registered; and the court or a judge shall '''"^"='^'^'^y-
have the like power to punish any disobedience to such
subpoena in the same manner and to the same extent as in
other cases ■; but no witness shall be compelled to produce
under such subpoena any deed which he would not be com-
pelled to produce on a trial.
18. The certificate of registry endorsed on any deed, gf/try^toV/^:
docket of judgment or attachment, and signed by the regis- oeived in eyi-
trar, shall be taken and allowed in all courts, as evidence of
the registry.
19. Deeds or mortgages of lands duly executed, but not Deeds to have
registered, shall be void against any subsequent purchaser, Sate'of registry.
or mortgagee for valuable consideration, who shall first
register his deed or mortgage of such lands.
384 EEGISTRY OF DEEDS. [PART II.
Chap. Il3. 2O. No mortgage, judgment, or other incumbrance
Movteage, &<:., affecting lands, shall have any priority or effect by reason ,
taokud. of being held by or vested in the same person with another
mortgage or incumbrance of prior date and registry.
Mortga:;cs how 21. Mortgages shall no longer be discharged by certifi-
reieasod. ^^^^ ^^ release, but the release itself shall refer to the
registry of the mortgage, and need not contain the descrip-
tion of the premises at full length ; and the same shall be
recorded like other deeds," and a marginal note thereof shall
be made by the registrar, without further fee, on the book
of registry of the mortgage referring to the registry of the
release.
Judgments to 22. Judgments duly recovered and docketed shall bind
S of registry! the lands of the party against whom the judgment shall
have passed only from and after the registry thereof in the
county or district wherein the lands are situate ; and d^eds
or mortgages of such lands, duly executed but not regis-
tered, shall be void against the judgment creditor, who shall
first register his judgment.
Dockets ofjudg- 23. The docket of a judgment to be registered shall
^nts'howregis- Contain the names of the parties, the amount recovered, the
tered. signature of the judge, and the time of signing ; and a copy
of such docket, certified under the seal of the court and the'
hand of the prothonotary where the judgnient was reco-.
vered, being lodged for registry, shall be entered in the
books without further proof.
Writs of attach- 24. Lands levied upon under writs of attachment shall'
hcfw'bound^. ^^ bound thereby onlj^ from the time that true copies of the
theroby ; liow writ and of the description and appraisement of the lands,
° ' certified by the sheriff or his deputy, under his hand, shall
be lodged for registry in the county or district where the
lands lie; which copy shall be recorded without further
proof, and shall continue to bind the lands until thirty days
after final judgment signed in the cause.
Judgments and 25. Judgments and attachments so entered shall be dis-
howdis'oharged. charged by an entry on the margin of the registry thereof,
to be made by the registrar upon the filing of a release duly
acknowledged or proved by a subscribing witness to have
been executed by the parties by whom the judgihent was
obtained, or of a certificate under the seal of the court and
the hand of the prothonotary that the judgment has. been
satisfied, or the suit in which the attachment was issued
discontinued or set aside,
iieases for more 26. Leases of land for a term exceeding three years
yea?s toTe re- shall be void against any subsequent purchaser, mortgagee
reasombierant ^°i' valuable Consideration, or judgment creditor, unless
to be reserved, sucli leases shall have been previously registered, and a
reasonable rent reserved in good faith therein.
Future grants 27. Grants of land, made after the thirty-first day of
corded in refill March, 1854, shall not be recorded in the office of the pro-
try of deodg. vincial secretary ; but instead thereof, shall be recorded in
TITLE XXTIII.j , EEGISTEY OF DEEDS. 385
i
the ofBce of registry of deeds of the county in which the Chap, 113
lands "lie. " '■ '
28. The duplicate originals of grants kept in the office Duplicate origi-
•of the siirveyor general, signed by the governor, shall here- to be°klpt'\n-
after be signed also by the provincial secretary. rai'Io^oe.^""""
29. Books similar. to those now in use in the secretary's separate books
office for the registry of grants, shall be furnished to the Immsh^a tpre-
vafious registrars of deeds throughout the province; and IrlntsiiidnBii-
grants when completed shall be transmitted, with a dupli- of^te to be lor
cate plan, by the surveyor general, to the registrars of ^'^',,1;."
deeds, who shall record the same in the books so furnished, '•'■
and attach thereto the duplicate plan, and shall keep an
index of the records thereof in the name of each grantee
and shall be entitled to receive from the general revenues Fees.
a fee of two shillings and six pence for each grant so
recorded, payable on or after the thirty first day of Decem-
ber in .each year, on their accounts being duly attested to
and audited by the surveyor general.
30. In the county of Halifax the registrar of deeds shall Registrar at
, , , -rill Halifax may
keep as many contemporaneous registry books as he may keep as many
find necessary to enable him to register, without delay, the ous*boXs™r
deeds aftd certificates presented for registration ; and he "»■/ ^^ n.(">^s-
shall not be obliged to record in one book the deeds and
certificates in the order in which they are presented.
31. The plans of partition of any township, which, on ^o'^q^oj"^;,^^^'^'''
the execution of any writ of partition, were returned to the siups.
office of the prothonotary at Halifax, shall be transmitted
to the registrar of deeds of the counties in which such
townships are situate ; such plans shall be certified by the
• prothonotary at Halifax to be the original plans so re-
turned.
32. In all the counties except Halifax the registry books ^^^tJf'Je'TS
shall be kept at all times, except when in actual use, or safes, except in
when required in any court for the purposes of justice, in ^^^^ '^^^-
the safes provided for the oflSce, and any registrar of deeds .'inf f v
who shall offend against this provision, shall incur a penalty Penalty: -^ •';.,;, ■
of twenty pounds for each offence, and on a second convic-
tion shall be ever after incapable of holding the ofiice of
registrar of deeds in any county or district of this province.
386 TITLE BY WILL. -[PART IL
CHAr. 114.
TITLE XXIX.
OF TITLE TO REAL AND PERSONAL PROPERTY BY WILL,
AND BY DESCENT, AND THE SETTLEMENT OF THE
ESTATES OF DECEASED PERSONS.
CHAPTER 114.
OF WILLS OP REAL AND PERSONAL ESTATE.
What property 1. Any person may devise and bequeath by Ms will,
may be devised, gj-gj^^^g^j ^g hereinafter mentioned, all real estate and all
personal estate, and all rights and interests in real or per-
sonal estate to which be shall be entitled, either at law or
in equity, at the time of his death, and which if not so
devised or bequeathed, would devolve upon his heirs at
law or representatives.
Persons under 2. No wUl made by any person under the age of twenty
pctS^o'make oue years, shall be valid.
* ^'"- . 3. No will made by a married woman subsequent to the
may^ be 'made first of October, ouo thousand eight hundred and forty, shall
mo^"™"^ ^°" be valid, except a will of personal estate upon Avhich the
husband's consent has been expressed in writing, or a will
appointing one executor or more to a will whereof she is
executrix ; or a will of real or personal estate to which she
may be entitled for her separate use ; or an appointment by
will in pursuance of a power to be executed notwithstand-
ing coverture.
Win by a mar- 4. No will nor any devise or bequest in any will made
vow^f™a°gift ^y ^ married woman shall be void bj' reason of any devise
to her imaDand. pr boquest, or of any gift or disposition to or for the use or
benefit of her husband.
Wills how to be 5. No will shall be valid unless it shall be in writing,
muluea^ requil signed at the end or foot thereof by the testator, or by
red. some other person in his presence and by his direction : and
such signature shall be made or acknowledged by the
testator in the presence of two or more witnesses present
at the same time, and such witnesses shall attest and shall
subscribe the will in the presence of the testator, but no
form of attestation shall be necessary.
Soldiers' and 6. Any soldier being in actual military service, or any
porsonLrestatf mariner or seaman being at sea, may dispose of his personal
tSfifre ^ "^ ^'''°" estate as heretofore.
Power of ap- '^ • '^^ appointment made by will in exercise of any
pointment by power shall be valid unless the same be executed in manner
will to be exe- i j i r • j j -ii ^ i •
ecutcdasawiii. hereinbetore required ; and every will executed in manner
hereinbefore required, shall, so far as respects the execution
and attestation thereof; be a valid execution of a powe r of
TITLE XXIX.] TITLE BY WILL. 387
appointment by will, notwithstanding it shall have been Chap. 114.
expressly required that a will made in exercise of such
power shall be executed with some additional or other
form of execiition or solemnity. ^ ^.^j^ ^^
8. Every will executed in manner hereinbefore required as above requi-
shall be valid without any other publication thereof. outfllfthenjub-
9. No will shall be invalid on account of the incom- li?,°'i',°i?v k ■
p . . . . JNo will tobein-
petency oi the witnesses to prove its execution. vaMforthein-
10. All devises, bequests, or appointments, except charges tho'witnesses."
and directions for the pa3'ment of debts, to an attesting a devise to an
witness of the will, or to the wife or husband of such per- ness^ ™fe iTus-
son, shall be void, and he shall be admitted to prove the auoh plrsTn" "^
execution of the will, or the validity or invalidity thereof: but" t** *'^'''t.°''°
provided that where there shall happen to be two competent nesses, shau bo
witnesses to the will beside such person, such devise, ^"^ '
bequest, or appointment shall not be void.
11. In case by any will any real or personal estate shall Debts charged
be charged with any debt, and any creditor, or the wife or pSnai^'istata
husband of any creditor whose debt is so charged, shall ^ua\\f°'''ije'^
attest the execution of such will, such creditor, notwith- 3itor as a wit-
standing such charge, shall be admitted a witness to prove '^^^'
the execution of such will, or to prove the validity or
invalidity thereof.
12. No person shall, on account of his being an executor Executors may
of a wiU, be incompetent to be admitted a witness to prove ^^ witnesses.
the execution of such will, or a witness to prove the validity
or invalidity thereof.
13. All wills shall be revoked by marriage, except a will Marrage shall
. ■ r- x-iTT-ii- 1 revoke a will
made in exercise ot a power oi appointment, when the real except in cer-
or personal estate thereby appointed would not in default ctfled.""^^* ^^'°"
of such appointment pass to the heir, executor or adminis-
trator, or the person entitled as next of kin.
14. No will shall be revoked by any presumption of an wiiis not re-
intention to revoke on the ground of an alteration in Jumptions. '"^*"
circumstances.
15. No will or codicil, or any part thereof, shall be wiiis how re-
revoked otherwise than as above mentioned, or by another "
will or codicil executed in manner hereinbefore required,
or by some writing declaring an intention to revoke the
same, and executed in the manner in which a will is here-
inbefore required to be executed, or by the burning, tear-
ing or otherwise destroying the same by the testator, or by
some person in his presence and by his direction, with the
intention of revoking the same.
16. . No cancelling by drawing lines across a will, or any obliterations,
part thereof, and no obliteration, interlineation, or other Sterations'Tc',
alteration made in any will after the execution thereof, shall andli'j.w faT^'^
be valid, or have any effect, except so far as the words or they shall anes*
the effect of the will before such alteration shall not be "■ ''^
apparent, unless such alteration shall be executed in like
manner as hereinbefore is required for the execution of the
25
388 TITLE BY WILL. [PAET H.
Chap. 114. will; but the will, with such alteration as part thereof, shall
" ~ be deemed to be duly executed if the signature of the tes-
tator, made by himself or some other person in his presence
and by his direction, and the subscription of the witnesses
be made in the margin or on some other part of the will
opposite or near to such alteration, or at the foot or end of
or opposite to a memorandum referring to such alteration,
and written at the end or some other part of the will.
Will reroked, 17. No will or codicil, or any part thereof, which shall
how revived. ]jq Jjj q^^j manner revoked, shall be revived otherwise than
by the re-execution thereof, or by a codicil executed in
manner hereinbefore required, and showing an intention to
revive the same. And when any will or codicil which shall
be partly revoked, and afterwards wholly revoked, shall be
revived, such revival shall not extend to so much thereof as
shall have been revoked before the revocation of the whole
thereof, unless an intention to the contrary shall be shoTvn.
(^onveyanoea 18. No Conveyance or other act made or done subse-
how^fa^they quently to the execution of a will of any real or personal
*eviousf'-''"^ estate therein comprised, except an act by which such will
made. ' shall be revoked as before mentioned, shall prevent the
operation of the will, with respect to such estate or interest
in such real or personal estate, as the testator shall have
power to dispose of by will at the time of his death.
Wills when to 19. Every will shall be construed, with reference to the
eoutorfto'br" '"^al and personal estate comprised in it, to speak and take
teatatOT's°*coul ^^^^^ ^^ ^f i* ^^^ been executed immediately before the
tracts in oertaiiu death of the testator, unless a contrary intention shall
eases. appear by the will. If the testator at the time of his death,
were liable to perform any contract for the sale and convey-
ance of any real or personal estate, the executors of his
will shall, notwithstanding any devise or bequest of the real
or personal estate to which such contract refers, be deemed
trustees thereof so far as may be necessary for performing
such contract,, and shall have power to execute the neces-
sary conveyances for the performance thereof; and the
executors shall hold the purchase money subject to such
uses and purposes as may in such will be expressed respect
ing such real or personal estate, or such purchase money,
or otherwise for the use and benefit of the estate.
Lapsed legaoi^eB 20. Unless a contrary intention shall appear by the will,
in anyjBsidu- such real estate or interest therein as shall be comprised or
ary devise. intended to be comprised in any devise in such will con-
tained which shall fail or be void by reason of the death of
the devisee in' the life time of the testator, or by reason of
the_ devise being contrary to law, or otherwise incapable of
taking effect, shall be included in the residuary- devise, if
any, contained in such' will.
Ss'^iw ^^- ^ devise of the land of the testator, or of the land
ireai estate in of the testator in any place, or in the occupation of any
certain oasea. person mentioned in his will, or otherwise described in a
TITLE SXTX.J TITLE BY WILL. 3g9
general manner; and any other general devise whicli would Chap. 114.
describe a leasehold estate, if the testator had no freehold
estate which could be described by it, shall be construed to
include the leasehold estate of the testator, or his leasehold
estates or any of them to which such description shall
extend, as the case may be, as well as freehold estates,
unless a contrary intention shall appear by the will.
22. A general devise or bequest of the real or personal General devi-
. estate of the testator, or of the real or personal estate of strued.
the testator in any place, or in the possession of any person
mentioned in his will, or otherwise described in a general
manner, shall be construed to include any real or personal
estate, or any real or personal estate to which such descrip-
tion shall extend, as the case may be, which he may have
, power to appoint in any manner he may think proper, and
shall operate as an execution of such power, unless a con-
trary intention shall appear by the wUl.
23. Where any real estate shall be devised to any per- Revises of re-av
son without any words of limitation, such devise shall be words oriimita-
construed to pass the fee simple or other the whole estate st?uea°a3VdeI
or interrsst which the testator had power to dispose of by viae of a fee aim-
will in such real estate, unless a contrary intention shall
appear by the will.
24. In any devise or bequest of real or personal estate, ^fth^TuUe' "n*
the words "die without issue," or "die without leaving issue"" &c^ how.
issue," or "have no issue," or any other words which may '""'^'"*°'^-
import either a want or failure of issue of any person in
his lifetime, or at the time of his death, or an indefinite
failure of his issue, shall be construed to mean a want or
failure of issue in the lifetime, or at the time of the death
of such person, and not an indefinite failure of his issue,
unless a contrary intention shall appear by the will by
reason of such person having a prior estate,, or of a pre-
ceding gift being, without any implication arising from such
. words, a limitation of an estate-tail to such person or issue,,
or otherwise. But this chapter shall not extend to cases
where such words import if no issue described in a pre-
ceding gift, shall be born, or if there shall be no issue who
shall live to attain the age, or otherwise answer the descrip-
tion required for obtaining a vested estate by a preceding
gift to such issue.
25. Where any real estate shall be devised to any trustee Devise of real
or executor, such devise shall be construed to pass the fee ties w°exeo^
simple, or other the whole estate or interest which the tes- Sed^"^ '^"'
tator had power to dispose of by will in such real estate,
unless a definite term af years, absolute or determinable,
or an estate of freehold, shall thereby be given to him
expressly or by implication.
26. Where any person to whom any real estate shall be J^^^J^^f^if^gh^fi
devised for an estate-tail, or for an estate in quasi entail """gPoe'^/tho
shall die in the lifetime of the testator leaving issue, who devises dying
J90 TITLE BY WILL. • [PAET II.
Chap. 114. would be inheritable under sucb entail if such estate existed
before testator, ^^^ ^iny such issue shall be living at the time of the death
k«™*JBBue"°°*' °-^*''^® *^^*^^*^''"' ^^'^'^ '^^^^^^ ®^*^' °°* lapse but shall take
effect as if the death of such person had happened immedi-
ately after the death of the testator, unless a contrary inten-
tion shall appear by the will.
BaTisen to tes- 27. Where any person being a child or other issue of
*».°who'dfe"^beI the testator, to whom any real or personal estate shall be
^'(fia^'Siftht^^ devised or bequeathed for any estate or interest not deter-
haye left issue minable at or before the death of such person, shall die in
'*'"'^' the lifetime of the testator leaving issue, and any such issue
of such person shall be living at the time of the death of
the testator, such devise or bequest shall not lapse, but
shall take effect, as if the death of such person had happened
immediately after the death nf the testator, unless a con-
trary intention shall appear by the will.
Penalty for sup- 28. Any person suppressing a will shall forfeit, after the
pteaang a w' 1. Yg^^pgQ of the first thirty days, five pounds for every month
he shall so suppress such will.
j>efinition of 29. The words and expressions hereinafter mentioned,
■*""""■ which, in their ordinary signification have a more confined
or a different meaning, shall, in this chapter, except when
the nature of the provision or the context shall exclude
such construction, be interpreted as follows, viz : the word
"will" shall extend to a codicil and to an appointment by
will or by writing in the nature of a will in exercise of a
power, and also to a disposition by will and testament or
devise of the custody and tuition of any child, and to any
other testamentary disposition ; and the words "real estate"
shall ' extend to manors, messuages, lands, rents, and here-
'ditaments, whether freehold or any other tenure whatsoever
and wheresoever, and whether corporeal, incorporeal or
personal, and to any undivided share thereof, and to any
estate, right or interest, other than a chattel interest, there-
in; and the words "personal estate" shall extend to lease-
hold estates and other chattels real, and also to monies,
shares of government and other stocks or funds, whether
in this province or the United Kingdom or elsewhere, to
securities for money not being real estates, to debts, rights
of action, rights, credits, goods, and all other property what-
soever, which by law devolves upon the executor or
administrator, and to any share or interest therein.
title xxix. title bt descent. 391
Chap. 115.
CHAPTER 115.
OP THE DESCENT OP REAL AND PERSONAL ESTATE.
1. Where any person shall die entitled to any real estate Rule ofdeseent
in fee simple or for the life of another, not having devised rea"°Mt™e^
the same, it shall descend to his children in equal shares, J^^^™ ^au^^*"*
and in case of the decease of any of his children, to such
as shall legally represent them, such representatives to take
the share of the deceased parent in equal proportions, and
if there be no child of the intestate liviag at the time of
his death, to his other lineal descendants ; and if all the
descendants shall be in the same degree of kindred they
shall share the estate equally, otherwise they shall take
according to the right of representation.
2. If the deceased shall leave no issue, one half of his whereiioieayei
real estate Shall go to his father, and the other half to his "" '^^"^'^'
widow in lieu of dower, and if there be no widow the whole
shall go to his father.
3. If he shall leave no issue, nor father, one-half of his real other cases, and
estate shall go to the widow, and the other half shall be distri- undred!^'^"^
buted in equal shares to his mother, brothers, and sisters, and
the children of any deceased brother or sister by right of
representation ; and if there be no widow the whole shall go
to his mother, brothers, and sisters, and the children of any
deceased brother or sister by right of representation ; and
where the intestate shall leave no issue, and no widow,
father, mother, brother or sister, nor the children of any
brother or sister, his estate shall go in equal shares to his
next of kin in equal degree, excepting that where there are
two or more collateral kindred in equal degree but claiming
through diiferent ancestors, those who claim through the
nearest ancestor shall be preferred to those claiming
through an ancestor who is more remofe, but in no case
shall representatives be admitted among collaterals after
brother's and sister's children.
4. If any person shall die leaving several children, or ^u^ein_eaae ef
leaving one child and the issue of one or more others, and ooased minor
any such surviving child shall die under age, and not having ing "brothera
been married, all the estate that came to the deceased child tSerr^lSue^'
by inheritance from such deceased parent shall descend in
equal shares to the other children of the same parent, and
to the issue of any such other children who shall have died,
by right of representation.
5. If at the death of such child who^ shall die under age. Method of diri-
and not having been married, all t}ie other children of his ulSiir ^^^0-
parent shall also be dead, and any of them shall have left '"'"•
issue, the estate that came to such child by inheritance from
his parent shall descend to all the issue of the other children
392 TITLE BY DESCENT. [PAET II.'
Chap. 115. of the same parent; and if all the issue are in the same
degree of kindred to such child they shall have his estate
-equally, otherwise they shall take according to the right of
representation.
Modeofoompu- 6. The degrees of kindred shall be computed according
ISfdre^f "" "^ to the rules of the civil law, and the' kindred of the half
blood shall inherit equally with those of the whole blood in
the same degree.
Sh'niwndred 7. If the intestate shall have no kindred, his estate shall
toherit"''*'"'" go to the widow to her own use.
The interest of 8. The interest of a party in lands held in trust for him
fandt^^heu in i^ ^6 simple shall descend and shall be chargeable with his
HS^' ^??jSt; debts in the same manner as if he had died seized of such
able with debts. . .
lands.
Rules for distri- 9. The personal estate of any person who shall die with-
3o"nai^estate^"f out having bequeathed the same shall be distributed as
intestates. follows :
The widow shall be allowed all her paraphernalia, articles
of apparel or ornament, according to the degree' and estate
of her husband, the apparel of the minor children, and also
such provisions and other articles as shall be necessary for
the reasonable sustenance of herself and the family under
her care for the period of ninety days after the death of
her husband ; and, in addition, such provisions and other
necessaries for the use of herself and family, as shall be
allowed and ordered by the judge of probate, and such
allowance shall be made, as well when the widow waives
the provision made for her in the will of her husband as
when he dies intestate.
The wearing apparel of the deceased, not exceeding ten
pounds in value, shall be distributed at the discretion of
the' executor or administrator among the family of the
deceased.
The remaining personal estate, after payment of the
, debts of the decea^sed, the charges of his funeral, and the
necessary medical and other attendance upon him in his last
illness, and the expenses attendant upon the settlement of
the estate, shall be distributed, one half to the widow, if
any, and the residue among the persons who would be
entitled to the real estate, and if there be no widow, then
the whole among such persons.
Tosthnmous 10. Any child born after the death of the father, there
pro^d'ed ^tZ being no provision made in his will for such child, shall
ha'y"mlde'°''no ^^^^ t^^ ^i^e interest in the real and personal estate of his
provision. father as if he had died intestate, and all the devisees and
legatees in the will shall abate proportionably their respec-
tive devises and bequests, the share of the posthumous
child to be set out and assigned by the court of probate so
as to affect as little as possible the disposition of the pro-
perty made by the testator.
* TITLE XXJX.] TITLE BY DESCENT. 393
11. Any real or personal estate given by the intestate Chap. 115.
as an advancement to any child or grandchild, shall be con- i^dvanoement
sidered as a portion of the estate of the intestate, so far as d-'^giou^'and'"'
regards the division and distribution of the estate of the distribution,
deceased, and shall be taken by such child or grandchild
towards his share of the intestate's estate.
12. If such advancement shall exceed the share of the same subject,
child or grandchild, so advanced, he shall be excluded
from any further portion in the division and distribution
of the estate, but he shall not be required to refund
any of such advancement ; and if the amount so received
shall -be less than his share, he shall be entitled to as much
more as will give him his fuU share of the estate of the
deceased.
13. If the advancement be in real estate, the value ^'^^reTTuto
thereof shall, for the purposes of the preceding section, be how to be con-
considered as part of the real estate to be divided ; and if in guiate1i.*°'^ ^'^
either case it shall exceed the share of real or of personal
estate respectively that would have come to the child or
grandchild, so advanced, he shall not refund any part of it,
but shall receive so much less out of the other part of the
estate as will make his whole share equal to those of the
other heirs who are in the same degree with him.
14. All gifts and grants shall be deemed to have been what gifts or
made in advancement if expressed in the gift or grant to be feid*' advance*
so made, or if charged in writing by the intestate as an ™^''''^-
advancement, or acknowledged in wtiting, or upon exami-
nation before the judge of probate on oath as such, by the
child or grandchild, and not otherwise. ,
15. If the value of the estate so advanced shall be vaiue if stated
expressed in the conveyance, or in the charge or valuation oJnoiuafve.'"'*^
thereof made by the intestate, it shall be considered a% of
that value in the division and distribution of the estate,
otherwise it shall be estimated according to its value when
given.
16. If any child or grandchild so advanced shall die Adranoement
before the intestate leaving issue, the advancement shall be g?»ndoh5dren.
taken into consideration in the division and distribution of
the estate, and the amount thereof shall be allowed accord-
ingly by the representatives of the child or grandchild so
advanced as so much received towards their share of the
estate, in like manner as if the advancement had been made
directly to them.
17. Nothing in this chapter contained shall affect the ou?tes7aJd'in
title of a husband as tenant by the curtesy nor that of a dower not af-
■ j i. J. • J feoted hereby.
Widow as tenant in dower.
18. Lands held as dower by the widow shall, after her Lands held to
decease, be divided as hereinbefore directed. Lands set off vided.'
as dower prior to the act of fifth Victoria, chapter twenty
two, shall after the decease of the widow, be divided as
before the passing of that act.
394 JOINT TENANCY. [PAET II.
Chap. 116. iq j^h gu^h estate, real or personal, as is not devised
Estates not de- in a wiU shall be distributed as if the testator had died
Tised to be dis- .
tributed as in- intestate.
testate.
TITLE XXX.
OF TITLES TO REAL PROPERTY BY SPECIAL PROVISIONS
OF LAW.
CHAPTER 116.
OF JOINT TENANCY AND TENANCY IN COMMON.
Anestatetotwo 1. Ever}' estate granted or devised to two or more per-
2n™M^<feeia"ec[ sons in their own right, shall be a tenancy in common,
tenancy" shall unlcss expressly declared to be in joint tenancy ; but every
tea tenancy in estate vBstcd in trustecs or executors as such shall be held
wben vestedTn by them in joint tenancy. This section shall apply as well
telf orexeculto estates already created or vested as estates hereafter
•■"rs. to be granted or devised.
CHAPTER 117.
OF THE SALE OF LANDS UNDER FOEECLOSUEE OF MOETGAGES.
In actions for 1. When actions of ejectment by a mortgagee, or actions
"'"Stlaged^e'^ ou bonds or notes secured by mortgage, or on any cove-
am
.dant may ^^ uant in the mortgage, are brought in the supreme court,
and have a re and HO suit touching the Same matter is pending in the
oonTeyance. (.Q^J.^ pf chancery, the person having the right of redemp-
tion on appearing as defendant, may pay to the plaintiff or
bring into court the amount due with costs, and thereupon
the court by a rule may compel the plaintiff to re-convey to
such defendant the land mortgaged, and deliver up all
writings in his custody relating thereto.
Proceedings 2. In case such mortgagor, or any one of several of such
mo?™of'the °^ mortgagors, be an absent or absconding debtor, a declaration
mortgagors ab- \^ eicctment or other process may be served upon the ten-
sent may be as •'.„ . • r ii I T 1 X u
in cases of ab- ant, it any, in possession oi the lands, and upon any oi such
sent debtors, defendants who shall not be absent or absconding, and a
copy thereof shall also be left at the last place of abode. of
any of the defendants who may be absent or absconding,
TITLE XXX. J SALES OP LAND UNDER FOEECLOSUEE. 395
and such service if made the usual time limited by law for Chap. 117.
service of process shall be sufficient to give jurisdiction to
the court, and the plaintiff may proceed to final judgment and
sale of the lands as hereinafter mentioned ; but before such
declaration shall be served the same affidavit shall be made
and filed in the ofiice of the prothonotary of the county
where the declaration is returnable, as is necessary in ordi-
nary cases of proceeding against absent or absconding
debtors. In cases under this section it shall not be neces-
sary to wait two terms before going to trial as in other
cases against absent or absconding debtors. .
3. In case any persons beside the mortgagor are inte-N^t'oo tobegi-
rested in the lands who would require to be made defend- uesas1n°ciian-
ants, if proceedings were had in chancery, then, in addition SndLn'te^ ^^
to the service of process upon the defendant, or proceed-
ings in the second section mentioned where he is an absent
or absconding debtor, a notice in writing shall be served on
all such persons, their attornies or agents, specifying the
proceedings that have been or are about to be taken, and
requiring them to appear at the supreme court to protect
their interests; which notice shall be served the same
length of time as is required in notices of trial.
4. In case the defendant shall neglect to pay the amount Saie of mortga
found due to the plaintiff by the court, with costs, the court ^^ i"'''™'^"^-
may order the lands mortgaged to be advertised by hand-
bills in the county for at least thirty days, and thereafter to
be sold at public auction by the sheriff of the county
wherein the lands lie.
5. In case the defendant shall be an absent or absconding Ee-hearing pro-
debtor, he shall be entitled to a re-hearing at any time fendaiJt is an
within three years after judgment ; and the plaintiff, upon ^^^^'^^ '^®''""'-
obtaining a rule for the sale of the mortgaged lands, sjjall
give security for the re-payment of the sums levied, if judg-
ment should be reversed on such re-hearing.
6. The deed shall be ejtecuted and delivered by the ?'"=^^'^J' ^^^^
sheriff to the purchaser, and shall be taken as presumptive recorded' shall
evidence of the requisitions of this chapter having been ^go% "right ;
complied with, and on being recorded in the books of regis- "^A °^„,??f,?f
n ■ I'll! IT iTiT rf • 1 ^^^^ may issue.
try for the county m which the lands he, shall be sufncient
to convey all the estate and interest of the mortgagor in
the lands therein described, and the court may award a writ
of possession upon judgment being had.
7. The sheriff shall, out of the proceeds of the sale, pay Proceeds of sale
to the plaintiff the sum due to him, and shall pay over the ^"'^ *pp^'®''-
residue, if any, to such person as the court shall direct.
8. The supreme court shall have the same powers as powers of sn-
are possessed by the court of chancery, in reference to the pJ?^^ equities"
proceedings in such suits, and for the equitable adjustment &o.
of the rights of the different parties interested.
396 sales of land under execution. [paet n.
Chap. 118.
CHAPTER 118.
OF THE SALE OF LANDS TO SATISFY EXECUTION DEBTS.
Judgments to . 1. Judgments recovered in the supreme court shall bind
soSn as*?eoord° ^^^ ^^^^ estate of the debtor from the time such judgment
*"^t b"^' i**d ^^^^^ ^^ recorded in the books of registry for the county
till after one or district wherein such real estate is situate ; but no lands
^^^^' shall be levied upon until one year after such registry.
A beneficial in- 2. The interest of the party beneficially interested in
held i™ trust lauds held in trust for him, may be taken in execution for
wfecution^^"^'" ^^^ payment of his debts in the same manner as if he were
seized or possessed of such lands.
Executions as 3. Execution as against lands may issue at any time
nwlssue with- withiu five years from the signing of the judgment, without
in five years, g, scire /acios or leave of the court.
b^l.evi'ed'upon ^- "^^^ plaiutifi' may order execution to be levied on the;
a part or the wholc Or any portion of the real estate lying within such
lands as plain- COUnty Or district.
tiff shall .lirect. 5_ Where a judgment has been so registered for the
Subsequent -ly ^ ^ in i ji i
judgment credi- period 01 One year, and no levy has been made on the real
quke prior ^^' estate bound thereby, any judgment creditor whose judg-
^fcor^o'iey"^'^'" ^^^^ ^^^ been subsequently registered, may, by a written
notice, require the prior judgment creditor to levy on the
real estate within three months.
In case of^ne- 6. If the prior judgment creditor shall not levy, the
quent creditor party giving the notice shall acquire a preference over the
prefereMe!''^ * judgment creditor to whom such notice had been given.
Lands to be le- '''• The sheriff upon receiving such execution, shall, at
out*^ "apprlise." *^® expiration of the one year, levy on such lands without
ment and ad- appraisement, and shall cause to be inserted, for thirty days
daysT content^ next preceding the day of sale, in the royal gazette news-
meats!^'^''*^" P^per, and also, except in the county of Halifax, in any
newspaper which may be published in the county or dis-
trict wherein the lands are situate, an advertisement con-
taining a description of the lands directed to be levied on,
stating that such lands have been taken in execution at the
suit of the plaintiff against the defendant, the time and
place fixed for such sale, and having appended thereto the
name of the sheriff and the attorney of the plaintiff.
Copies of adver- 8. The sheriff after causing copies of such advertise-
post^r'twenty ™®"* ^° ^0 postcd up in the most public places of the town-
the hi hestbid" ^^^P °^ settlement wherein the lands lie, for at least twenty
der. '^ ^" ' ' days previous to the time appointed for the sale, shall pro-
ceed to sell the same by public auction to the highest bidder.
Defendantmay, 9. If the defendant, by notice in writing delivered to the
t^e.Sif any sheriff at least ten days previously to the sale, require that
6on uTbe S?st certain portions of the land so advertised be first sold, the
sold. sheriff shall cause the same to be first put up for sale, and
TITLE S2XI.] COPYRIGHT. ■ 39-7
if a sufScient sum should be realized therefrom to satisfy Chap. 119.
the execution, interest, and expenses, no other part of such
lands shall be sold, otherwise he shall proceed with the
sale of the remainder.
10. The sheriff shall deliver t6 the purchaser a deed of sheriff's deed-,
such lands, which shall be sufficient to convey to the pur- and°^ect.'°''
chaser all the interest of the defendant in the lands therein
described, subject to prior incumbrances.
11. The sheriff's deed shall be presumptive evidence of ^"^^^ p™™™p-j.
the defendent's title having been thereby conveyed to the conveyance of
, o J J defendant's ti-
purchaser. tie.
12. Where the lands so conveyed shall be in the posses- whereiandsare
sion of the tenants of the defendant, the purchaser shall a" ?e°pan?'the°
become the landlord, and shall have the like rights and geoome'Thf "^^
'remedies against the tenant as the defendant would have landlord.
had, and shall be entitled to all rents accruing after such
purchase.
13. Where the sum realized by such sale shall be more Any surplus
than sufficient to satisfy the execution and necessary Soti™ of the
expenses attendant on such levy and sale, and interest on|^^°°ggf to™o
the amount of the judgment from the date thereof, the P*'''t''\'if j-
surplus shall be retained by the sheriff, to be paid to such rect.
person as may be directed by an order of the supreme
court, or any judge thereof.
14. Titles to land made by any sheriff previous to the special proTisi-
tenth day of April, one thousand eight hundred and forty- to \mcs^'mad8
one, shall not be invalidated by any irregularity or defect preTiousiy to
in the proceedings prescribed by statute for the sale of real
estate, provided- the party shall have been in possession of "
the land one year at least before such date, and shall have
paid the purchase money to the sheriff.
TITLE XXXI.
OF COPYRIGHTS AND PATENTS.
CHAPTER 119.
OP THE LAW OF COPYEIGHT.
1- The author of any map, chart, or book printed, or of Coi^yrilhta^o'
any print engraved within this province, who has not trans- secured!
ferred the copyright thereof, and any other person who has
legally acquired the coffj^right of any such map, chart, book
or print, in order to publish the same, shall have the sole
right of publishing such map, chart, book or print, for the
398 . COPYRIGHT. [PART n.
Chap. 119. term of twenty-one years from the recording the title or
■" ' the entry thereof in the oiEce of the secretary of the pro-
vince ; and the author of any map, chart, book or print, not
published within the province, his executors, administrators
or assigns, shall have the sole right of publishing such map,
chart, book or print, for the like term ; and if at the expi-
ration of such term, the author of any such map, chart,
book or print, shall be living, the same right shall be con-
tinued to him for the further period of fourteen years ; but
he shall cause the title thereof to be a second time recorded
and piiblished, within six months before the expiration of
the first term of twenty one years ; and no person shall be
entitled to any right hereunder unless he shall be resi-
dent within the province at the time of his application
therefor.
Penalties for in- 2. If any Other porson, after the recording of the title
righta°V°°im" of any map, chart or book, and publishing the same, within
portation. ^]jq times limited, shall print or import from any other
country copies of such map, chart or book, without the
consent of the author and proprietor thereof fitst had in
writing signed in the presence of two witnesses, or expose
to sale any such copy of such map, chart or book, such
offender shall forfeit all copies of such map, chart or book,
and all sheets, being part of the same, to the author and pro-
prietor thereof, who shall forthwith destroy the same; and
every such offender shall forfeit not less than one nor more
than five shillings for every sheet found in his possession,
to whosoever will sue for the same.
Penalties for in- 3. If after the recording the title, and entering of any
rishfs°fyimita priut, any persou whosoever sh^l engrave, etch or work, or
t!?u or otiier- in any manner copy or sell, in the whole or in part, by copy-
ing, varying, adding to or diminishing from the main design,
or shall print, reprint, or import for sale, any such print, or
any part thereof, without the consent in writing of the
proprietor thereof, signed in the presence of two witnesses,
or knowing the same to be so printed, re-printed or im-
ported, without the consent of the proprietor, shall pubhsh,
sell, or expose the same to sale, such offender shall forfeit
the plates on which such print shall be copied, and all sheets
of such print, and all parts thereof, to the proprietor of the
original print, who shall forthwith destroy the same ; and
such offender shall forfeit the sum of twenty shillings
for every print found in his custody, either printed, pub-
lished, or exposed to sale, or otherwise disposed of, to
whosoever will sue for the same.
A printed oopy 4. No persou shall be entitled -to benefit under these
^^iSeied'^n P^°"^i^^°°^ i^ ^^^^^ wherc any map, chart, book or print,
'ee^re&™^s°''of ^®®° already published, unless a printed copy of the
fioe before pub- title of the Same shall, before publication, be deposited in
iioatiou. ^i^Q secretary's office, who shall record the same in a book
kept by him for that purpose, in the words following, and
TITLE XXXI.] COPYEIGHT. 399
give a copy thereof under his hand, to the author or pro- Chap. 119.
prietor, if required : ~ "
"Province of Nova Scotia.
Be it remembered that on this day of , A.D.
18 — , A. B. of — ■ , in the said province, has deposited
in this office, the title of a map, [chart, book, or print, as
the case may be,J the copyright whereof he claims in the
words following : [here insert the title,] in conformity with
chapter one hundred and nineteen of the revised statutes.
C. D., provincial secretary."
For which certificate the secretary shall receive five shil-
Imgs, and five shillings for every copy, and the author or
proprietor shall cause a copy of such record to be inserted
in full length in the title page, or in the page following the
title page of siich book ; and if a map, chart, or print, the
following words shall be impressed on the face thereof :
"entered according to law on the day of ,
18— by A. B., of ."
5. If any person, not having legally acquired the copy- Penalty for uio.
right, shall print or publish any map, chart, book or print. In entrj'ls 'r£
and shall insert therein or impress thereon, that the same s'sterod.
has been entered according to law, or words purporting the
same, he shall forfeit one hundred pounds, to be applied as
hereinafter directed.
6. Actions under this chapter shall be commenced with- Limitation of
in three years from the time when the cause of action
accrued.
7. Any person printing or publishing any manuscript, Printing or pub-
without the consent of the author or proprietor thereof if scrip"/ without
resident in this province,. shall be liable to such author or ^Jj^gl^j''"^'^^;^^,
proprietor for all damage occasioned thereby, to be reco- able,
vered by a special action on the case.
8. The proprietor of any map, chart, book, or print, en- Proprietars of
titled to the rights and privileges hereby conferred, shall, required to fur-
within six months from the publication thereof, deposit one "hi legislative
copy thereof in the library of the legislative council, and i't>rariea.
one copy in that of the house of assembly.
9. AH books shall be admitted into this province duty bi\^°orfedd*/
free, except re-prints of books the copyright whereof is pro- ty free except
'tected by the acts of the imperial parliament. boqkfprqteotod
10., On the importation of any reprint of books, bound ^^^p™'*!'"''*
or in covers, the copyright' of which is protected by the acts o" books ^pro-
of the imperial parliament, there shall be paid an advalorem peril'iacte.hc^
duty of twenty per cent., but this duty shall not extend to remitted to tho
newspapers or other regular periodicals containing extracts
only from such books. The duty when collected shall be
paid into the treasury and remitted by the governor to the
commissioners of customs at London, with a detailed account
thereof, once a year, that the same may be paid to the regis-
tered proprietor of the copyright of the books respectively;
400 PATENTS. [PART'B.
■Chap. 120. such reprints, however, shall not be liable to duty unless the
" originals shall have been registered according to the pro-
visions of the imperial act passed in the fifth and sixth
years of her majesty's reign, intituled "an act to amend the
law of copyright."
Tine for impro- H. Any person who shall import or bring into the pro-
Fna^seiunlTor vince for Sale, use or hire, any reprints hereby made liable to
«-prin?s"'tow duty without paying the same, or shall knowingly sell,- pub-
■recovereA, how ligh or exposc to Sale, or let to hire, or have in his posses-
l^Fnuioilttei, sion any such reprint, shall be liable to a penalty of five
^"^ pounds and double the value of every copy of such reprint,
which may be sued for before two justices of the peace as
as an ordinary debt, two pounds thereof to go to the officer
who shall sue for the same, and the remainder to be paid
into the treasury and remitted for the registered proprietor
of the copyright; and every reprint imported contrary to
these provisions shall be forfeited and sold, and one half of
the proceeds thereof shall be paid into the treasury to the
use of the registered proprietor, and the other to the seiz-
ing officer.
Beprinta im- 12. Each reprint on its importation shall be stamped by
ftom^ad!" ^^ the officer before whom the entry is made, and the form of
the stamp shall be furnished by the receiver general to the
several outports if required.
CHAPTEK 120.
OP PATENTS FOR USEFUL INVENTIONS.
Letters patent 1. Whenever any pcrson resident in the province,andwho
wh"m'to be" Ob- shall have resided therein for the period of one year, or any
tained. British subject, who shall have been an inhabitant of Canada,
New Brunswick, Prince Edward Island, or Newfoundland,
for the space of one year previous to his application, shall
apply to the governor alleging that he has discovered any
new and useful art, machine, manufacture, or composition
of matter, or any new or useful improvement thereon not
theretofore known or used, and pray that a patent may be
granted him for the same, the governor may direct letters
patent to be issued, reciting therein the allegations of such
petition and giving a short description of such invention,
and shall thereupon grant to the person so applying for the
same and his representatives, for a term not exceeding four-
teen years, the exclusive right of making, using and vend-
ing the same to others, which letters patent shall be good
and available to the grantee, and shall be recorded in the
secretary's office in a book for that purpose, and shall then
be delivered to the patentee.
TITLE XXXI.] PATENTS. 401
2. Where any letters patent shall be obtained by any Ghap. 120.
person for any such invention, and thereafter any other p^ntees ofim-
person shall discover any improvement in the principle or Fo^ments not
process of any such invention, and shall obtain letters patent ginaTinTm-"'
for the exclusive right of such improvement, the person pat'entee"n^it tJ
who shall obtain such new patent shall not make, use, or "*" ^i}" ™- ,
1 11 • • 1 ■ ,■ , 11 ,1 . . , ' ' proTed pateot.
vend the origmal mvention, nor shall the original patentee
make, use, or vend any such improvement.
3. The simple change of the form or proportions of any changes of form
machine or composition of matter shall not be deemed anot^Sed'Tn
discovery or improvement within the meaning of this improvement.
■chapter.
4. Persons applying for letters patent, on delivering in Fees on patents.
their petition, shall pay into the secretary's ofEce twenty
shillings, to be applied as other fees payable therein.
5. Any person may receive from the secretary's office copies of letters
any copy of such letters patent, or of the petition whereon Srawlng^" how
the same were granted, or of any paper or drawing con-®''"'''^*^'"''-
nected therewith, on paying six pence a folio, and a reason-
able fee for every copy of such drawings.
6. Before any person shall obtain any letters patent he to*r'''to'''a''Mif"
shall make oath in writing that he verily believes that he is letterspatent?^
the true inventor or discoverer of the art, machine, or com-
position of matter, or improvement, for which he solicits
letters patent, and that such invention or discovery has not
been known in this province or in any other country; which
oath shall be delivered in with the petition for such letters
patent.
7. The affidavit may be sworn by the person making ^*^J|^ i^^^
such application before any judge of the province or colony lony where ap-
in which such person shall reside. piwant resides.
8. Before any person shall obtain any letters patent he J^x^pianatS
shall deliver into the secretary's office an intelligible and and models to
xi -J.- r !• j_- jrj.1 r^^ deposited in
exact description oi such invention, and oi the manner ot the provincial
using, or process of compounding the same, so as to enable fioe"*'^'^'^ °^'
any person skilled in the science of which it is a branch, to
make and use the same; and in case of any machine, shall
. deliver a model, and explain the principle by which it may
be distinguished from other inventions, and shall accompany
the whole with drawings and written references where the
case admits of drawings, or with specimens of the ingredi-
dients sufficient for the purpose of experiment where the in-
vention is a composition of matter, which description, signed
by such person and attested by two witnesses, shall be filed
in the secretary's office, and copies thereof, certified by the
provincial secretary, shall be competent evidence in all
. courts where matters concerning such letters patent may
come in question ; but the governor may, upon special
grounds being shewn, dispense with the delivery of the
model at the secretary's office if he shall deem it right to
do so.
402
FRAUDS AND PERJUEIE3.
[part n.
Chap. 121.
Patentee's
rights may he
assigucd ; as-
signments to be
recorded.
Actions for ille-
gally using or
lolling a patent
Defence how
pleaded, and
wijiatLmay be
given in evi-
oence.
9. Any patentee may assign all his right in such inven-
tion and discovery to any person ; and the assignee thereof,
having recorded such assignment in . the secretary's oifice,
shall stand in the stead of the original patentee as well as
regards all his rights as all his liabilities ; and the assignee
of any such assignee shall also be considered to be in the
stead of the original patentee.
10. Whenever any letters patent shall be granted to any
person, and any other person, without the consent of the
patentee or his representatives first had in writing, shall
make, use, or sell the invention or discovery whereof the
exclusive right is secured to such patentee, the person so
oifending shall be answerable to him or his representatives
in damages.
11. The defendant in such action may give this chap-
ter and every special matter in evidence to prove that the
specification filed by the patentee does not contain the
whole truth relative to the invention or discovery alleged
to have been made by him, or contains more than is neces-
sary to produce the described effect, which concealment or
addition shall fully appear to have been fraudulently made,
or that the invention or discovery so secured by letters
patent was not originally discovered by the patentee, but
bad been in use or had been described in some public work
anterior to the supposed invention or discovery of such
patentee, or that such patentee had surreptitiously obtained
such letters patent for the invention or discovery of some
other person, in either of which cases, upon proof thereof,
the verdict shall be found and judgment entered thereon
for the defendant with costs, and such letters patent, by the
court, shall thereupon be adjudged void.
TITLE XXXIL
CHAPTER 121.
OF THE PKEVENTION OF FRAUDS AND PERJURIES.
peases. and es- , 1. All leascs, estates, or other interests in land not put
not'ln'^ritiSgl in Writing and signed by the parties creating or making the,
wilt ewept as ^^^^^J °r t'^^ir agents thereunto authorized by writing, shall
threc'^ears"^^'^ ^^^^ *^^^ ^°^'^^ °^ leascs or estates at will only, except leases
rec years. ^^^ exceeding the term of three years from the making
thereof whereupon the re^t reserved shall amount to two
thirds at least of the annual value of the lands demised.
TITLE XXXIII.] MAEKIAGE AKD ITS SOLEMNIZATION. 403
2. No interest in land shall be assigned, granted or sur- Chap. 122.
rendered, except by act and operation of law, unless it be interest in
by deed or note in writing, signed by the party assigning-, i^nds assisna-
•' ,. J • iU 1, 1 • J. ii We only by deed
granting or surrendering the same, or by his agent there- or note in m-u
unto authorized by writing. '™^'
3. No action shall be brought whereby to charge any Previous con-
executor or administrator upon any special promise to a^eements
answer damages out of his own estate, or whereby to tob^jn'^wntfng
oharare a defendant upon any. special promise to answer for f?<i signed hy
ii, J 1 i. J r ij. ^ . •' .^ f: ,i tlio party
the. debt, deiault or miscarriage oi another person, or chargeable.
whereby to charge any person upon any agreement made
upon consideration of marriage, or upon any contract or
sale of lauds or any interest therein, or upon any agreement
that is not to be performed within the space of one year
from the making thereof, unless the agreement upon which
the action shall be brought, or some memorandum or note
thereof shall be in writing, signed by the party to be
charged therewith, or some other person authorized by him.
4. No contract for the sale of any goods for the price contracts for
of ten pounds or upwards shall be good, except the buyer founds not va"
accept part of the goods so sold and actually receive the buye'i^iooept'a
same, or give something in earnest to bind the bargain or I'g^'^f^ey'^or'a
in part of payment, or that some note or memorandum in note in writing
writing of the bargain be made and signed by the parties ^ ^^"^ '
to be charged by such contract, or by their agents there-
unto authorized.
5. No dejjjaration or creation of a trust in lands shall andCT^eatSms of.
be valid unless it shall be in writing, signed by the party trust in lands to
entitled to declare or create the trust, or by his last will ; impUed and^re-
but this provision shall not extend to any trusts in lands Soepfed™^'^
arising or resulting by implication or construction of law,
or which may be transferred or extinguished by act or
operation of law.
6. No grant or assignment of any trust shall be valid ^u^f J^™e i^n
unless it shall be in writing, signed by the party granting writing..
or assigning the same, or by his last will.
TITLE XXXIII.
OF THE DOiMESTIC RELATIONS.
CHAPTER 122.
OP MAEIflAGE AND THE SOLEMNIZATION THEREOF.
1. Every duly ordained minister of any body of christians Every resident
. T , .•'.T . Ti ■ • 1 • • • IT. ordained offloia-
resident withm this province, engaged in missionary labors,, ting minister
or officiating for any congregation of christians, may sefem- m^riag^™**
26 ■
404 EEGISTET OP BIETHS, ETC. [PART II,
Chap. 123. nize marriage by license, although he should not be the
settled minister of a congregation ; and every duly ordained
minister of any , congregation of christians may solemnize
marriage by publication of bans or by license.
License to issue 2. The govemor may direct marriage licenses to such
as heretofore. jQijjjg|.gj.g ;„ ^jjg forms and with the bonds heretofore used,
and authorizing them to solemnize marriages between per-
sons on whose behalf such license shall be required without
publication of bans, according to the rites of the church to
which the minister shall belong.
Penalty for so- 3. j^^nv person who shall oflSciate in the solemnization
lemnlzine mar- „ •''. , j.- r i • ini
riage without 01 any marriage, unless notice ot sucij marriage shall have
^ana or'iicense. been previously given publicly during the time of divine
service at three several meetings at a place of public
worship on two or more Sundays in the place or places
where the parties or one of them shall reside, or unless a
license shall have been obtained under the hand and seal of
the governor, shall forfeit fifty pounds.
Penalty for mi- i. The officiating minister of any congregation at the
Ttopubiihbanf place where either of the parties desiring to be married
shall reside, who shall refuse or neglect to give such notice
after having been requested to do so, shall forfeit fifty
pounds, and shall be liable to an action for damages at the
suit of either of the parties aggrieved, unless in cases
where compliance would be inconsistent with the rules and
discipline of the church or congregation to which such
parties shall respectively belong.
•Penalties when 5. The penalties imposed by this chapter shall, when
pSdlntotofi'* recovered, be paid into the treasury for the use of the
treasury. province.
CHAPTER 123.
OP THE EEGISTEY OP BIETHS, MARRIAGES AND DEATHS.
Registry of, 1. Every person who may baptize, marry, or perform
gea and™ieath^ ^^& burial scrvics, shall keep a registry, shewing the names
how^keS-Te^- ^^^ ^S^^ °^ ^^^ pcrsons whom he shall have baptized and
turns to whom married, or who have been born, or who have died within
and how ma e, j^^^ ^^^.^ ^^ belonging to his Congregation ; a return of ,
which, in duplicate, under his hand, shall be by him for-
warded to the clerk of the peace in the county where he
shall reside or officiate at the time, within ten days after
the first day of January in every year ; one of which returns
shall be filed in the ofiice of the clerk of the peace as a
public record, and the other shall be transmitted by the
clerk of the peace to the board of registration and statistics
alt Halifax. Parents, in case their children shall not be
TITLE XXXIII.] GUARDIANS AND WARDS. 405
baptized within one year after their birth, shall 'within that Chap. 124.
period give notice to the town clerk, who shall keep a
register of such birth similar to that required to be kept
by persons who may baptize, and shall make returns thereof
to the clerk of the peace, at the times and in the manner
' hereinbefore pi-escribed.
2. Any person neglecting to keep the register, or to Knesfome-
make the returns as required by this chapter, and any clerk ^ ^°' "^ *'"*^"
■ of the peace neglecting to transmit such return as herein
directed, shall for each offence forfeit five pounds.
CHAPTER 124,
OF GUARDIANS AND WARDS.
1. The father of unmarried children under the age of Guardians may
twenty-one years may by any instrument in writing, execu- the'Eerf^^'*^
ted in the pi;esence of two witnesses, dispose of the custody
and tuition of such children, or of any child who at the
time of his father's death may be unborn, so long as they
shall 'respectively remain under the age of twenty-one
years, or for any shorter period ; and the father may make
such disposition, though he be not himself of the. age of
twenty-one years,
' 2. Judges of probate may appoint guardians to minors cfuardians
where none have been appointed by the father, the next of a^oint"ed''by
kin to be appointed if any of them^ shall apply, unless on Q|« "f p"^"
special cause shewn the judge of probate shall decide to
the contrary, otherwise such person as the judge shall
think proper ; but if the minor be of the age of fourteen
years, or having had a guardian appointed by the judge of
probate shall arrive at the age of fourteen years, he may
appoint his own guardian, and such appointment shall be
confirmed by the judge of probate, on the guardian giving
the security hereinafter specified.
3. All guardians appointed under the provisions of this Power pf guar-
chapter shall have the exclusive control of their wards, and '*"-'
Ti?ay maintain actions against any person who shall take
them away or detain them, and shall recover damages for
their benefit. They may take possession of all their pro-
perty, real and personal, receive the rents and profits
thereof, and manage the same during the period of their
guardianship, an3 may maintain all actions at law or in
equity in relation thereto as such children could do if of
fuU age.
4. Every guardian appointed by the judge of probate, Bog^o^begj.
or nominated by the minor and confirmed by him, shall, iWm-
406 MASTEES, APPEENTICES AND SEETANT8. [PART II.
Chap. 125. previous to the letters of guardianship being issued, file in
~~ the probate court a bond, with two sureties to be approved
of by the judge, and to be taken in his name, with a con-
dition that he will faithfully manage and dispose to the best
advantage of the property of the minor committed to his
care, that he will not commit waste thereon, and will render
a just account thereof to the court of probate when re-
quired, and to the ward when he shall come of age.
Letters how ap 5. No letters of guardianship shall be granted by any
when granted, judge of probate Unless application therefor be made by
the minor or some near relation of his, or by the executors
or administrators of an estate in which the minor is inter-
ested ; and the judge upon such application may appoint
guardians in any suit pending before him, for the purposes
of such suit, without requiring a bond.
Ajprenttce-^^ 6. The provisions of this chapter shall not affect any
upon not afleot- apprenticeship which may legally have been entered into
e hereby. ^^ ^^ ^^ behalf of any minor, or by any overseers or com-
missioners of tjbe poor.
CHAPTER 125.
OF MASTEES, APPEENTICES AND SERVANTS.
Minors may be 1. All children under the age of fourteen years may
p?ent^cesorse?- ^0 bound as apprentices or servants until that age, and all
rants. minors above the age of fourteen years, may be bound as
apprentices or servants; females to the age of eighteen
years or to the time of their marriage within that age, and
males to the age of twenty-one years, in the manner pre-
scribed in this chapter.
UBd«r fourteen 2. Children under the age of fourteen years may be
?ounl''°^ bound by their father, or in case of his death or incom-
petency, by their mother, or by their legal guardian, and if
illegitimate, they may be bound by their mother ,• and if
they have no parent competent to act, and no guardian,
they may bind themselves with the approbation of two
justices of the peace.
Abovefonrteen, 3. Miuors above the age of fourteen years may be bound
how bound. ^^ ^j^g Same manner, provided that when they are bound by
their parent or guardian, the consent of the minor shall be
expressed in the indenture, and testified by his signing the
same.
Indenture to be 4. No mimor shall be bound otherwise than by an inden-
seaild and**c'er- ^^^^ of two parts. Sealed and delivered by both parties ;
tified in certain and when made with the approbation of the justices of the
peace, their approbation shall be certified in writing, signed
by them upon each part of the indenture.
TITLE XXSm.J MASTERS, APPRENTICES ANQ SERVANTS. 407
5. One part of the indenture shall be kept for the use Ohap. 125.
of the minor by his parent or guardian when executed by custody of mi-
them respectively, and when made with the approbation of """^'^ p"'-
two justices of the peace, it shall be deposited with the
town clerk or clerk of the peace, and be safely kept in his
office for the use of the minor.
6. The overseers of the poor may bind as apprentices overseers of,
or servants, the minor children of any poor person, who has out ps^per'mt
become chargeable to the district, as having a lawful settle- °°''^-
ment therein, or who is supported there in whole or in part
at the charge of the district ; and also all minor children,
who are themselves chargeable to the district as having a
lawful settlement therein, or as poor persons supported by
the district.
7. Such children whether under or above the age of ^jp™^ "[ °°°-
fourteen years may be bound, females to the age of eighteen ture,
year, or to the time of their marriage within that age, and
males to the age of twenty-one years ; and provision shall
be made in the contract for teaching such children to read,
write and cypher, and for such other instruction, benefit
and allowance, either within or at the end of the term, as
the overseers may think reasonable.
8. No minor shall be bound by the overseers unless by Minors how
an indenture of two parts, sealed and delivered by the over- geeS. ^''''^^'
seers and by the master, one part of which shall be deposited
with the town clerk or clerk of the peace, and be safely
kept by him for the use of the minor.
9. All considerations of money or other things paid or Money, Aojiaid
allowed by the master upon any contract of service or master°to%efor
apprenticeship made in pursuance of this chapter, shall be *''® apprentice,
paid or secured to the sole use of the minor thereby
bound.
10. Parents and guardians, and overseers, shall inquire Dutyofparents,
into the treatment of all children bound by them respec- ^0^^^°! rt"'^
tively, or with their approbation, and of all who shall have g|°*b"lnd out.
been bound by their predecessors in office, and defend them
from all cruelty, neglect, and breach of contract, on the part
of their masters.
.11. In case of any misconduct or neglect of the master. Proceedings for
a complaint may be made in writing by the parents, guar- SSter. "°
dian, or overseers, to any two justices of the peace for the
county in which the master resides, setting forth the facts
and circumstances of the case; and the justices, after having
duly notified the master, shall proceed to hear and deter-
mine the same.
12. After a full hearing of the parties, or of the com- Hearing, and
plaiaants alone, if the master shall neglect to appear, the K^o^aji'ord
justices may order that the minor be discharged from his "'^'■^^^•
apprenticeship or service, and give the costs of suit against
the master, and may award execution accordingly, and the
minor may be thereupon bound out anew.
408 MASTERS, APPRENTICES AND SERVANTS. [PAET 11.
Chap. 125. 13. If the complaint shall not be maintained, the justices
Froceedinga shall award costs for the master against the complainants,
plaint S'Ss- ^^^ ^^^^^ issue execution accordingly, excepting, that in
missed. case of such a complaint by overseers, the justices shall not
award costs against them, unless it shall appear that the
complaint was made without reasonable cause.
Appeal for per 14. _A^ny person feeling himself aggrieved by the order
sons aggneved. „ • i- ^ ,i ji t j.-
01 any justices under the three preceding sections, may
appeal therefrom to the supreme court at its next term in
the county, and such appeal shall be granted and determined
in the same manner as in civil suits.
Apprentice ab- 15. If any apprentice or servant bound, as in this chap-
guiity of mis- tcr, shall Unlawfully depart from the service of his master,
punished''*"' Or shall be guilty of any gross misbehaviour, or refusal to
do his duty, or wilful neglect thereof, any justice of the
peace, upon complaint on oath made to him by the master,
or by any one on his behalf, may issue his warrant to appre-
hend the apprentice or servant, and bring him before the
same or any other justice ; and if the complaint shall be
supported, the justice may order the offender to be returned
to his master, or may commit him to the common jail for a
term not exceeding twenty days, unless sooner discharged
by his master.
title xxxiv.] supreme court. / \ 409
Chap. 126.
PART III.
OF CODRTS AND JUDICIAL OPnCERS, AND PROCEEDINGS
IN SPECIAL CASES. .- ,,f-^ <^- -»3
/ff4 *^. J/
TITLE XXXIY.
OF COURTS AND JUDICIAL OFFICERS.
CHAPTER 126.
OP THE SUPREME COURT AND ITS OFFICERS.
1. The supreme court shall have within this province Powers of the
the same powers as are exercised by the courts of queen's '"p™™« """'''•
bench, common pleas, and exchequer in England.
2. The terms and sittings of such court at Halifax shall be commencement
held as follows, that is to say : There shall be two terms of terms"''^
such court at Halifax annually — one to commence on the
third Tuesday of July, and to continue for two weeks, if
the business of the court shall require such continuance ;
and the other to commence on the first ICuesday of Decem-
ber, and to continue for four weeks, if the business of the
court shall require such continuance ; and the court is Extension,
authorized to extend each of such terms for a further period
of three days, if they shall see fit so to do ; and there shall ?!'""^'!''?™:d
1 i -ii- n ,-1 , I TT Tf 11 menoement and
be two sittings ot the supreme court at Halilax annually ; duration of.
one to commence on the last Tuesday of October, and to
continue for four weeks, if business shall require such con-
tinuance ; and the other to commence on the fourth Tues-
day of April, and to continue for three weeks if the business
of the court shall require such continuance ; and the court Extension.
or the presiding judge is authorized to extend each of such
sittings for a further period of three days, if such extension
should be deemed necessary, and for such further time as
may be requisite in consequence of any trial being pro-
tracted beyond the periods now provided.
3. The grand jury shall attend at the sittings and shall Grandar^petit
not be required to attend at the terms of such court ; and iSof..
all jurors required to attend such sittings shall be subject
to the penalties for non-attendance now by law estab-
lished.
410 ' SUPEBME COURT. [PART in.
Chap. 126. 4. The supreme court shall sit twice a year in the other
Sittings in other couuties at the times and places following, viz :
counties, wlien
'^'"■*'=- LUNENBURG.
At Lunenburg on the fourth Tuesday of April, and on
the third Tuesday of October.
QUEENS.
At Liverpool on the Tuesday after the fourth Tuesday of
April and second Tuesday of October.
SHELBURNE.
f <^- n At Shelburne on the second Wediiesday after the fourth
' Tuesdav of April, and on the second Wednesday after the
last Tuesday of September. /'■':7.^'^ ^^^^
At Barrington on the third Wednesday after the fourth
Tuesday of April.
YARMOUTH.
At Tusket on the third Tuesday after the fourth Tuesday
of April.
At Yarmouth on the last Tuesday of September.
HANTS.
At Windsor on the first Tuesday of June, and on the third
Tuesday of October.
KINGS.
At Kentville on the second Tuesday of June, and on the
second Tuesday of October.
ANNAPOLIS,
At Annapolis on the third Tuesday of June, and on the
first Tuesday of October.
^_ ?i^ -^«— - DIGBY.
'3r;^'^n -^t Digby on the fourth^Tuesday of June, and on the last
' Tuesday of September, 'i^niii^^.v;.^^^^ ^ ^
CUMBERLAND.
At Amherst on the third Tuesday of June, and on the
first Tuesday of October. J "1^1^, -J^^^,^ . ^i'CTL^,^. /Z<^^ ''^^^
COLCHESTER.
At Truro on the second Tuesday of June, and on the
second Tuesday of October. ^ 7i.-e^ ■, ^A,>^_<^
PICTOU.
At Pictou on the first Tuesday of June, and on the third
Tuesday of October. , -^ /, ^ r- ,~,
-^ CAPE BRETON.
At Sydney on the first Tuesday of June, and on the first
Tuesday of October.
TITLE X2XIV.J SUPREME COURT. 411
VICTORIA. Chap. 126.
At BadJeck on the second Tuesday of June, and on the
second Tuesday of October.
INVERNESS.
At Port Hood on the third Tuesday of June, and on the
third Tuesday of October.
RICHMOND. •
At Arichat on the second Tuesday next after the fourth
Tuesday of June, and on the fourth Tuesday of October.
GUYSBOROUGH.
At Gruysborough on the Tuesday next after the fourth
Tuesday of June, and on the Tuesday next after the fourth
Tuesday of October.
At Antigonishe on the^ourtn Tuesday of June, and on
the second Tuesday next after the fourth Tuesday of-
October. ^^ yt^^^><^ /^^v^j^^ 4- /c.^^,^.^ J''*-^ ■ ''^^
5. The respective terms or sittings of the supreme Duration of
court, in the preceding section mentioned, shall continue so tings.
long as the business shall require ; but the same shall not be
continued longer than the Saturday before the day hereby
appointed for opening the court at the next place to which
the judge presiding at such court shall be about to proceed
on his circuit, nor longer than the second Saturday after
the first day of such terms or sittings respectively.
6. If the business at Annapolis be not disposed of at the y^^^^^^f ^""
rising of the court, at the spring term to be held in each poiis.
alternate year, the presiding judge shall have power to
adjourn the court until the Tuesday after the fourth Tues-
day of June ; and the court shall meet at such adjourned
day, and continue to sit until all the causes for trial shall
have been called, and the jury shall be summoned, and shall
attend at such adjourned sittings, but such adjournment
shall only take place once in two years.
7. The presiding judge at Digby shall have power in ^''*^°f °" "*■
each alternate year to extend the spring sittings of the Digby.^ "
supreme court ixntil all the causes for trial shall have been
ca,lled.
8. The presiding judge may direct one or more addi- J"™rs Jor.e|-
tional panels of jurors to be drawn and summoned to attend
such -continued sittings in the same manner as jurors are
now drawn and summoned, for the second week of such
term.
9. In case any judge shall be prevented from arriving at Efnot^amve
the place on the day appointed for holding the court, the '^^^''^oMoe'^'^
sheriff shall give public notice at the court house that the attendano' ,.■
court will meet on the following day ; and the sheriff shall day 5°
412 SUPBEME COURT. [PART m.
Chap. 126. continue to give such notice from day to day for three
successive days, unless the judge shall in the meanwhile
arrive.
onTa?t°day°"o'f ^^- ^'^ *^® ^^^^ '^^J ^^ *^^ sittings after term the judges
sittings i power shall exercise the same powers as in term. Motions relating
tiie^8itt?ng8? to the business of the then sittings to have precedence.
not'to"'art^th ^^' '^^® prothonotary shall not permit any original paper
orimnafpapera to bc taken out of hi« custody without a written order from
judge's'oMer. a judge, which Order shall be filed.
Deputy piotho- 12. The prothouotaries shall not transmit original papers
gfye^ertmeV" to the ofiScers in Halifax without special order from a judge,
unless by" a''*" but shall, when required by any suitor or his attorney, pro-
judge's orders, vide Certified copies to be used in place of the originals,
statements of 13. On the firs.t day of each term the prothonotary and
nished by the clerk of the crown shall make out and deliver in open court
^n'theTrltdly » correct Statement of all fines which shall have been
ofj.'^*™^"^*"- imposed by the court at the preceding term or sittings,
made, Ac. together with a statement of all such as have been collected
and paid to him by the sheriff since the last preceding term;
and he shall annually return to the board of statistics a
return in triplicate of all convictions had before, and of all
fines and forfeitures imposed by, the supreme court, -the
amounts collected and the appropriation thereof, under a
penalty of five pounds.
mS^cauaes''' '^^- '^ Calendar of the criminal causes shall be sent by
and depositions the clerk of the crown to the grand jury in each term,
grand^uryVn- together with the depositions taken in each cause, and the
ma'(S™ut. names of the different witnesses ; and the indictments are
not to be made out, except in Halifax, until the grand jury
shall so direct,
not bo°und\o is- 15. The prothouotary shall not be obliged to issue any
tiiffe^el^Me'""^ cxecutiou Until the fees and costs due him on the judgment
paid. are paid.
fortakfn'raffi- ^^- "^^^ Commissioners for taking affidavits to hold to
davits and re- bail and recognizanccs of bail in the several counties, shall
cognizances of , • ^ i i _ii • •, '
bail, how ap- be appomtcd by the governor m council.
Powe'rs^'of com ^'^' ^^^^^^ Commissioners shall have authority to allow
missioners. writs of Certiorari, and also to take affidavits in causes
depending in court, and affidavits for holding to bail, and
on which to found writs of attachment, and of summons
against absent or absconding debtors, and specially to
endorse writs in manner as now practised by. judges of the
supreme court, and subject to the same rules. They shall
have the same power as the judges in relation to the ren-
dering by bail of their principal, and they shall also have
power to take the examination of witnesses aged, infirm, or
about to leave the province, and to administer oaths to'
such witnesses.
title xxxiv.] equity. 413
Chap. 127.
CHAPTER 127.
OP PEOCEEDINGS IN EQUITY. .sZ— -^-^ '*
GENERAL PRINCIPLES AND RULES
1. The supreme court shall have jurisdiction in all cases chanoery juris-
heretofore cognizable and determinable by the court of supremlcourt."
chancery, and shall exercise the like powers, and apply the
same principles of equity as justice may require, and as
have heretofore been administered in that court. And all
writs which at present issue out of chancery, shall hence-
forth issue out of the supreme court,
2. In all cases heretofore detei-minable in chancery, and Practice of su-
henceforth to be conducted in the supreme court, the prac- Se°obsorved,Vo°
tice of the supreme court now, or hereafter to be established,
as far as it is applicable thereto, shall be observed, except
in so far as the practice is altered or modified by this chap-
ter ; and in any case to which such practice, and the pro-
visions of this chapter shall not apply, but in no other, the
practice of the English chancery shall be adopted.
3. The court of chancery is abolished, and all suits chancery court
remaining undetermined in chancery, together with all the "''oi's'^ed, &e.
rolls, records, and proceedings of the court, shall be trans-
ferred to the supreme court ; and such suits shall be there
heard and determined according to the provisions of Ais
chapter, but with such modifications thereof as may appear
to be right and proper, and for the attainment of justice in
the hearing and trying of such suits so remaining undeter-
mined in chancery. In such causes the proceedings up to
the first day of August, 1855, shall continue of unimpaired
eificacy and efiect in the further progress of the cause, and
the costs of all proceedings up to that period shall be
allowed as if this chapter had not passed.
4. All suits heretofore cognizable in chancery shall be Suits, how com-
commenced in the same manner as personal actions by writ ™«°'»'^'*''-
of summons, in which the cause of action, and the reliefer
remedy sought by the plaintiff, shall be briefly and clearly
stated, and it shall not be necessary that the same should
be set forth in any technical or formal language or manner,
or that any technical or formal statement should be used.
5. The . plea or answer of the defendant shall in like piea.
manner be briefly and distinctly stated, and there shall be
no further pleading after the defence, unless by the special
leave of the court or a judge, on an application to allow
such further pleadings, which shall only be allowed in case
the real question, whether of fact or of law, between the
parties cannot conveniently be raised and put in issue by
amending the previous pleadings.
414
EQUITY.
[part III.
Chap. 127.
Demurrer.
Issue when faota
are compllcEt-
tisd.
Trial of issues.
Judgment.
Power of court
as rej^ards mat-
ter or fact and
account.
Judges may
make general
rules.
6. Either party may demur to the pleading of the adverse
party, on the same grounds, and such demurrers shall be
heard and determined on the same principles as obtain in
the supreme court.
7. When the facts in such pleading are complicated, and
the issues to be tried are indistinct or obscure, it shall be
competent for the court or a judge to settle the issues in
fact, to be tried in such cases as hereinafter provided.
8. The same rule shall apply to the trial of all issues in
fact, under this chapter, and to the obtaining and granting
of new trials, as are now in force in the supreme court, 'or
may hereafter be established therein.
9. On the final hearing of such cases the court shall give
judgment according as the very right of the cause and
matter in law shall appear unto them, and so as to afford
unto the parties a complete remedy upon the principles
which prevail in courts of equity, and may be applicable to
the particular case.
10. The court or a judge shall have power to order any
disputed fact to be tried by a jury, at such place and time
as they or he shall think fit, and to direct inquiries, where a
judge himself cannot conduct the enquiry, into matters of
fact, and account, by masters to be appointed in that behalf
by the governor and council, on the same principles as refer-
ences have heretofore been conducted before a master in
chancery. Every report of a master must be submitted to
the court or a judge, and may be confirmed, modified, or set
aside, as he or they shall think fit, after hearing the parties ;
but no written exceptions shall be filed.
11. The judges in term at Halifax may make, and they
are hereby required, from time to time, to make general
rules for facilitating the practice of the court under this
chapter, and the effectual execution thereof; but such rules
shall not go into operation until they shall have been pub-
lished in the royal gazette.
Foreclosure.
MORTGAGES.
12. It shall be competent for a mortagagor to bring suit
for the redemption of his mortgage, and for a mortgagee
to bring suit for the foreclosure thereof, on the same prin-
ciples as now obtain in the court of chancery.
SPECIFIC PERf-ORMANCE, ETC.
13. The plaintiff in any suit to be brought under this
chapter, may claim from the defendant, a specific perform-
ance of his contract, and the court shall award or refuse the
same, according to the right and justice of the case, and
the principles which obtain in courts of equity.
When party re- 14. Where a party to any cause shall neglect or refuse,
M inst"rument* ^f*^^ ™ Order lias passcd therefor, to execute or acknow-
ledge an instrument, such instrument may be executed or
Spociflo per.
formance.
TITLE XXXIV.] EQUITY. 415
acknowledged by a master, and when confirmed by the Chap. 127.
court, shall have the same efficacy as if made by the party
so neglecting or refusing.
15. The court or a judge shall have power, if they or he court may or-
shall see fit so to do, upon the application of the plaintiff, tor ?etura"S
in any action for the detention of any chattels, to order that '^'''^"^is-
execution shall issue for the return of the chattels detained,
without giving the defendant the option of retaining such
chattels, upon paying the value assessed ; and that if the
said chattels cannot be found, and unless the court or a
judge shall otherwise order, the sheriff shall levy on all the
defendant's lands and chattels, till the defendant render such
chattels, or, at the option of the plaintiff, that he cause to
be made, of the defendant's lands or chattels, the assessed
value of such chattels : provided that the plaintiff shall,
either by the same or a separate writ of execution, be
entitled to levy for the damages, costs, and interest in such
action.
WRITS OF MANDAMUS.
16. In all cases in which the plaintiff shall claim that the Motion for man
defendant ought to fulfil any duty, in the fulfilment of which
the plaintiff is personally interested, the plaintiff may bring
his action by issuing a writ of summons, claiming, either
together with any demand which may now be enforced in
such action, or separately, a writ of mandamus, command-
ing the defendant to fulfil such duty.
17. The writ in such action shall set forth sufficient Form of writ,
grounds upon which such claim is founded, and shall set
forth that the plaintiff is personally interested therein, and
that he sustains, or may sustain, damages by the non-per-
formance of such duty, and that performance thereof has
been demanded by him, and refused or neglected.
18. The pleadings and other proceedings in any action Pleading.
in which a writ of mandamus is claimed, shall be the same ♦
in all respects, as nearly as may be, and costs shall be
recoverable by either party, as in an ordinary action for the
recovery of damages.
19. In case judgment shall be given to the plaintiff, that Judgment and
a mandamus do issue, it shall be lawful for the court, if it ®*^°" """'
shall see fit, besides issuing execution in the ordinary way,
for the costs and damages,' also to issue a peremptory writ
of mandamus to the defendant, commanding him forthwith
to perform the duty to be enforced.
20. The writ need not recite the declaration or the Form of execu-
matter therein stated, but shall simply command the per- ''°"'
formance of the duty, and in other respects shall be in the
form of an ordinary writ of, execution, except that it shall
be directed to the party, and not to the sheriff, and may be
issued in term or vacation, and returnable forthwith; and
no return thereto, except »that of compliance, shall be
416
EQUITY.
[PART in.
Chap. 127.
Effect of writ
Conrt may di-
rect the act to
be done, at ex-
pense of defen-
dant.
Mandamus may
be granted as
heretofore.
Rule for man-
damus.
allowed ; but time to return it may, upon sufficient ground,
be allowed by the court or a judge, either with or without
terms.
21. The writ of mandamus so issued as aforesaid, shall
have the same force and effect as a peremptory writ of
mandamus issued out of the court of queen's bench at
Westminster, and in case of disobedience may be enforced
by attachment.
' 22. The court may, upon application by the plaintiff,
besides or instead of proceeding against the disobedient
party by attachment, direct that the act required to be done
may be done by the plaintiff, or some other person appointed
by the court, at the expense of the defendant ; and upon the
act being done the amount of such expense may be ascer-
tained by the court, either by writ of enquiry or reference
to a master, as the court or a judge may order, and the
court may order payment of the amount of such expenses
and costs, and enforce payment thereof by execution.
23. Nothing herein contained shall take away the juris-
diction of the supreme court to grant writs of mandamus as
heretofore, nor shall any writ of mandamus issued out of
that court be invalid by reason of the right of the prose-
cutor to proceed by action for mandamus under this
chapter.
24. Upon application, by motion, for any writ of manda-
mus in the supreme court, the rule may, in all cases, be
absolute in the first instance, if the court shall think fit;
and the writ may bear date on the day of its issuing, and
may be made returnable forthwith, whether in term or in
vacation, but time may be allowed to return it by the court
or a judge, either with or without terms.
Suit for injunc-
tion.
Writ of sum-
mons.
Froocedioge.
WRITS OF INJUNCTION.
25. In all cases of breach of contract or other injury
where the party injured is entitled to maintain and has
brought an action, he may, in like case and manner as herein-
before provided, with respect to mandamus, claim a writ of
injunction against the repetition or continuance of such
breach of coiitract or other injury, or the commital of any
breach of contract or injury of a like kind arising out of
the same contract or relating to the same property or
right ; and he may also, in the same action, include a claim
for damages or other redress.
26. The writ of summons in such action shall be in the
same form as the writ of summons in any personal action ;
but on every such writ and copy thereof there shall be
endorsed a notice, that in default of appearance the plaintiff
may, besides proceeding to judgment and execution for
damages and costs, apply for and obtain a writ of injunc-
tion.
27. The proceedings in such action shall be the same, as
TITLE XXXIV.] EQUITT. 417
nearly as may be, and subject to the like control as the pro- Chap. 127.
ceedings in an ac-tion to obtain a mandamus under the pro-
visions hereinbefore contained ; and in such action, judg-
iment may be given, that the writ of injunction do or do not
issue, as 'justice may require ; and in case of disobedience,
Buch writ of injunction may be enforced by attachment by
the court, or when the court shall not be sitting, by a
judges.
28. It shall be lawful for the plaintiff, at any time after \5rrit of injnne
the commencement of the action, and whether before or ^°°'i^ue3 i°f
after judgment, to apply ex parte to the court, or a judge,
for a writ of injunction to restrain the defendant in such
. action from the repetition or continuance of the wrongful
act or breach of contract complained of, or the committal
of any breach of contract or injury of a like kind arising
out of the same contract, or relating to the same property
or right ; and such writ may be granted or denied by the
court or judge upon such terms as to the duration of the
writ, keeping account, giving security or otherwise, as to
such court or judge shall seem reasonable and just ; and
in case of disobedience such writ may be enforced by how enforced,
attachment by the court, or when the dourt shall not be
sitting, by a judge ; provided always, that any order for a
writ of injunction made by a judge, or any writ issued by
virtue thereof, may be discharged or varied, or set aside
by the court, on application made thereto by any party dis-
satisfied with such order.
. 29. It shall be lawful for the defendaatiin any action, to Effect of plea
.plead by way of defence thereto, any matter which would ^ 'perpetual'
entitle him to have a perpetual injunction' in a court of injunction.
equity against the maintenance of such action; and the
matter of such defence shall, if proved, or if judgment pass
by default, be a bar to such action, and the defendant shall
have judgment thereon, with costs.
30. In any action in which a right shall be involved, it Order of the
iiiii^irj.1 J. • J u court in the na-
shall be lawful for the supreme court or a judge, by a sum- turo of an in-
mary order, in the nature of an injunction, to be made on 5»'»<'tio"-
motion in the cause, to restrain, prevent or modify the
exercise of such right by any party in the action, until a
judgment shall be had establishing such right, or until such
other earlier time as to the court or a judge shall seem fit,
and on such terms, if any, as the court or judge may
require, and in like manner as it would have been compe-
tent to the court of chancery to have done, if such right
had been contested in a suit pending therein; and in like
.manner to renew, vary or set aside such order from time to
time as the case may require ; and it shall be lawful for the
court or a judge, at the time of making such restraining
order, if he or they shall see fit, or if it shall be required
by the party against whom such order is made, to direct
that an issue shall be submitted to the jury, who shall try
418
EQUITY.
[PAHT III.
Chap. 127. the principal matter respecting the existence or extent of
such right; referring it to the jury also to try and inquire
whether any damage or injury has been sustained by the
party so injured, by the granting of such ordej-, and the
amount of such damage, if any, and such jury shall find
upon the issue accordingly, and their finding shall be
returned with the other findings in the case, and judgment
and execution shall be given and had for the amount so
found, together with the costs of the defendant occasioned
by the trial of such issue.
Equitable de-
fences.
Keplioation.
Particulars of
demand.
Equitable de-
fences may be
set up.
Tender, pay-
ment, set off;
when pleada-
ble.
Particulars of
demand and set
oir.
Bight of re-
demption; re-
lease of.
Sale and distri-
bution of pro-
ceeds.
EQUITABLE DEFENCES.
31. It shall be lawful for a plaintiff in replevin, or for
the defendant in any cause in the supreme court in which,
if judgment were obtained, he would have been entitled to
relief against such judgment on equitable grounds, to plead
the facts which entitle him to such relief by way of defence,
and the court shall receive such' defence by way of plea,
provided that such plea shall begin with the words, " for
defence on equitable grounds," or words to the like effect.
32. The plaintiff may reply, by leave of the court or a
judge in answer to any plea of the defendant, facts which
avoid such plea upon equitable grounds, provided that such
replication shall begin with the words, "for replication on
equitable grounds," or words to the like effect.
33. When such plea or replication on equitable grounds
is put in, the particulars of demand and set-off may be ob-
tained as in other cases.
34. On the trial of any action of ejectment, the defen-
dant may set up any equitable defence which would be
available in the court of chancery, in case the subject mat-
ter were under adjudication in that court ; and if the plain-
tiff shall claim title under a mortgage or other contract, or
the defence be founded on any defeazance, bond for a deed,
contract, or other agreement, whether the action be brought
for the foreclosure of a mortgage, or otherwise, the defen-
dant may give in evidence, tender payment, set off or other
equitable defence, if he shall, at the time of filing his plea,
or subsequently by leave of the court or a judge, who
are hereby empowered to grant such leave in any
stage of the cause, have given notice in writing of the ■
nature of the defence on which he intends to rely ; and par-
ticulars of demand and set off may be obtained as in other
actions ; and in all such cases the defendant having the right
of redemption or equitable estate in the lands, may pay to
the plaintiff or bring into court the amount due with costs ;
and thereupon, the court, by rule, or a judge, by order, may
compel the lessor of the plaintiff to make such conveyance
or lease as may be agreeable to equity.
35. If the justice of the case require it, the court or a
judge may make an order for the sale of the premises
TITLE XXXIV.] EQUITY. 419
sought to be recovered or any part thereof, and for the Chap. 127
application of the proceeds, and for the release or other '
re-conveyance of the same, or any part thereof, at any time
before the sale : provided always, that before the court or
a judge shall order such distribution of the proceeds, it
shall be mafle appear, that all persons interested have had
reasonable notice, by advertisement or otherwise, of such
application.
. .36. In case the plaintiff or any defendant shall refuse Non-oompn-
or neglect to make or perfect any such conveyance, the foT^srie or*^ re-
court or a judge may order such conveyance to be <'°'»''®y^n"=^-
made by the sheriff, which when confirmed by the court
or a judge, shall have the same operation and effect as if
made by a master of the court of chancery under a decree
or order of that court.
37. Where the proceedings are had under the three last writ of jossos-
sections, no writ of possession shall issue without the leave without leave.*^
of the court or a judge.
38. Any defendant having an equitable defence of which Prooeedinm in
he might avail himself under section thirty four, and neglect ba?red' by'pro-
ing or refusing so to do, shall not be at liberty, without „®n^er^° ^^^'^'
leave of the supreme court or a judge thereof, to apply for
relief in equity.
EEAL ESTATE OP INFANTS.
39. An infant seized of real estate, or entitled to any court may or-
term of years in lands, may, by his next friend or guardian, estate rf'in-'"'^
petition the court or a judge for an order to sell or dispose f^i'^i when,
of the said property, who shall proceed in a summary way,
on affidavits, to enquire into the merits of such application ;
and if the disposal of such property, or any part thereof,
be necessary for the support of such infant, or for his edu-
cation, or if the interest of the infant will be substantially
promoted by such disposal, on account of any part of his
said property being exposed to waste or dilapidation, or
being wholly unproductive, or for any other reasonable-
cause, the court or a judge may, on the filing of a bond by
such guardian or next friend, or other person approved of .
by the court or judge, in case he be not already a lawfully
appointed guardian, with such sureties, in such form, and
on such terms and conditions as shall be directed, order the-
letting for a term of years, the sale or other disposal of
such real estate or interest, whether possessory or rever-
sionary, by such guardian or next friend, in such manner,
and with such restrictions as shall be deemed expedient,
but not in any case contrary to any last will or conveyance
by which such estate or term was devised or conveyed to
such infant.
40. All sales, leases, or conveyances made in good faith Effect of con-
by any guardian or next friend, in pursuance of such order, guaSn,^.
shall be as effectual as if made by such infant after he had
87
420 EQUITT. [PAET III,
Chap. 127. attained the age of twenty-one years ; and it shall not be
' necessary in the conveyance to recite any part of the pro-
ceedings required by this chapter, but the same shall briefly
refer to the order and the sale, leasing, or other disposal of
such property. The party making the sale shall file a report
thereof with the prothonotary of the county in which the
lands are situate.
Application oi 41. Upon any order for the sale of any property being
proceeds. made as aforesaid, the court or a judge may make such
order for the investment, disposal, and application of the
proceeds of such property, and of the increase and interest
arising therefrom, as shall secure the same for the infant's
benefit ; but in no case shall the principal money be dispo-
sed of unless it shall be requred for the support or educa-
tion of the infant, and in no case shall such principal be dis-
posed of for any purpose, if the nett proceeds accruing to
each infant thereon ^hall amount to one hundred pounds,
'intont's interest 42. No Sale made as aforesaid shall give to any such
in proceeds. infant any other or greater interest or estate in the proceeds
of such sale than he had in the estate so sold.
-Gonveyance. 43. Every conveyance made under the above provisions,
and registered in the county where the lands lie, shall be
taken as presumptive evidence that all the proceedings on
which the same is founded, were rightly had.
PERPETUATING TESTIMONY.
Suits for per- 44. When a person shall be desirous to perpetuate the
'timony."^ *°°" testimony of any witness, he may issue a writ of summons,
which shall set forth briefly his title, claim, or interest, in
or to the subject concerning which he desires to perpetuate
the testimony, and the names of all parties interested or
supposed to be interested therein, and the names of the
witnesses proposed to be examined, which shall be served
on the parties interested, or supposed so to be. A notice
shall be served on such parties with the writ, or subsequent
to the service thereof, which shall state when and where,
and before whom, the examination of each witness shall
take place ; biit no witness shall be examined under these
provisions unless the parties supposed to be interested
shall have had at least ten days' notice of such examination.
Bxamination of 45. The examination of the witnesses shall be taken
witaeeseB. before a commissioner for the examination of witnesses de
hene esse, and in the same way as such examinations now
take place, unless on application to a court or a judge, a
special commissioner be appointed, when the examination
shall take place before such special commissioner.
Deposition and 46. After the Commissioner shall have engrossed the
eomSioDCT. deposition of each witness, it shall be read to him, and- he
shall subscribe it, and the commissioner shall certify the
time, place, arid manner of his taking the deposition, and
who attended at the taking thereof, and that the same was
TITLE XXXIV.] EQUITY. 421
taken by him in perpetual rememberance of the facts stated Chap. 127.
therein., . —
47. The deposition and certificate, together with a true Tote aied in
copy of the notice of examination, and an affidavit of the Smca"""'"'''^'''
service of such notice, stating upon whom and when the
same was served, shall be filed in the office of the prothono-
tary of the county in which the examination shall have
taken place, within ten days after the examinations.
48. If any suit shall, either at the time of taking such in what suit the
deposition, or at any time afterwards, be pending between be u'secV.™ '""'''
the person at whose instance it was taken, and the person
named in the writ, or any of them, who were so notified,
or anj' persons claiming under either of the said parties
respectively, concerning the title, claim, or interest set
forth in the writ, the deposition so taken, or a certified
copy of it from the prothonotary's office, may be used in
such suits in the same manner, and subject to the same' con-
ditions and objections, as if it had been originally in and
for such suit.
49. Any witness may be subpoenasd and compelled to Attondanoe of
give his testimony in perpetual remembrance of a thing as forced.
Eerein*before prescribed, in like manner and under the same
penalties as witnesses subpoen^d to attend and give evidence
on the trial of a cause.
50. All costs incurred under these provisions on both *^'"'^-
sides, shall, in the firs,t instance, be paid by the party seek-
ing to perpetuate testimony ; but in case the deposition
shall thereafter be used in any suit, and he ' shall therein
obtain a judgment, it shall be discretionary with the court,
or a judge, to allow the costs to be costs in that suit, to be
taxed against and payable by the party against whom the
judgment shall be so obtained.
ASSIGNMENT OF CHOSES IN ACTION.
51. Any assignee, by writing signed by the assignor of^Sf^^e^tiou
the entire interest in any chose in action founded on any ™»y ^ue.
contract for payment of money only, or in any judgment,
decree, or order for the payment of money only, and who
would have been entitled to maintain a suit in equity, as
such assignee, to enforce such contract or the payment of
such money ; and the executor or administrator of such
assignee shall be entitled, in his own name, to maintain such
personal action in the supreme court, and have such final
judgment and execution in as full a manner as the person
originally entitled to such chose in action, judgment, decree
or order, and whose interest has been assigned, might have
had or done ; and such assignee shall be so entitled, whether
he shall derive immediately or remotely from the person so
originally possessed of such right to sue thereon, and shall
be. considered to all intents and purposes, and whether for
the purpose of releasing such right, or discharging or satis-
422 EQUITY. [part in.
Chap. 127. fying such judgment, decree or order, or otherwise, as the
person originally entitled to the same had heretofore been ;
and it 'shall be lawful for any defendant, in any action
brought by the person so originally entitled, or by any such
assignee as aforesaid, to plead by way of defence that the
interest of the plaintiff in such action had been theretofore
assigned in the manner prescribed by this chapter : pro-
vided, that nothing herein contained shall operate at law to
transfer the right to the benefit of any bond, covenant, or
agreement, collateral in its nature, unless the assignment
thereof shall be made to the person entitled to the subject
matter to which such bond, covenant, or agreement, is so
collateral, or to some person as trustee for him ; and that
nothing in the foregoing provision contained shall apply to
any covenant running with the land.
Assignor not to 52. Upon the execution of any such assignment, the
release or sue. -j.jgjj^ ^f ^^g assignor to release or sue upon such chose in
action, judgment, decree or order, shall wholly cease and
determine ; and in case it shall happen that there shall have
been more than one assignment made by the same person,
the assignment thereof first made 'bona fide sliall operate
to transfer the right to release or sue upon the same, unless
the second assignment thereof shall have been accepted
hoTiafide, accompanied by the possession of the instrument
assigned, and without knowledge of the first assignment.
Notice of as- 53. No aetiou shall be brought upon any such assign-
I'min before a(f- ment by such assignee, unless a notice in writing signed by
tion. jjjjjj^ jjig agent or attorney, stating the right of the assignee,
and specifying his demand thereunder, shall have been served
on the party to be sued, or left at his last place of abode,
at least fourteen days before the commencement of such
action.
*Efi'eot9f release 54. In any casc in which a release of a chose in action,
wlthoufnotioe. or a release of execution in any judgment, decree or order,
shall have been executed by the assignor thereof, or pay-
ment shall have been made to him after the assignment
thereof, and no notice of such assignment shall have been
received by the person liable to be sued in relation to such
chose in action, judgment, decree or order, it shall be lawful
for such person, anything in this chapter to the contrary
notwithstanding, to rely on such payment or release, by
way of defence to any action brought against him in respect
of such chose in action, judgment, decree or order, unless
such release had been accepted, or such payment made with
intent to defraud such assignee.
Defence against 55. It shall be lawful for any defendant or person liable
ab'ie^against a's- in respcct of any such chose in action, judgment, decree or
; signee. order, in any action brought in i|3spect thereof by any such
. assignee, to have the same remedy and defence against" the
assignee and his representatives which he might have had
■ against the assignor in case no such assignment had been
TITLE SXXIV.] EQUITY. 423
made, and in case of payment to such assignee, to plead Chap. 127.
such payment specially to such assignee.
PRACTICE.
56. After plea filed, the plaintiff may bring the cause to Hearing on writ
a hearing before the court, on the writ and plea, in the same '^°*pi<^^-
way as a suit has heretofore been heard in chancery on bill
and answer ; but in that case he shall, within fourteen days
after the receipt of the plea, or within such further time as
may be allowed by a judge, give notice to the defendant of
his intention not to produce evidence.
57. After a suit shall be at issue, and before proceeding Court may de-
to trial, the court, or a judge, on the application of either is8™a°U)°be*''°
party, and eight days' notice to the other, shall determine '"®'^-
what issue of fact shall be tried by the jury.
58. All interlocutory matters shall be decided by the interlocutory
court on motion, or by any one of the judges at chambers, P™oeedings.
and all proceedings before a judge at chambers shall be by
summons and order.
59. Either party may appeal from any order of a judge Appeal from
at chambers to the whole court, on giving security to the judge."
amount of ten pounds : to abide the costs of the appeal,
which shall always follow the event ; but such appeal shall
not stay the proceedings on the order.
60. Obedience to any judgment, rule or order of the Judgment, and
court, or of a judge at chambers, may be enforced by attach- ^^°^ enforced.
ment or execution.
61. In all cases wherein the subject in controversj', Proceedings,
whether it be real, personal or mixed estate, be within the ant*uoufofthe
province, or where a trust has been created therein, or };h"oourt?° "^
which may affect such subject, defendants residing without
the jurisdiction of the court may be served with summons
in like manner as if they resided within the province ; but
before the issue of such summons, a judge shall determine
the form thereof, and the period to be limited for the appear-
ance of the defendant after the service thereof, and no fur-
ther proceedings shall be had against such absent parties
till it shall be made to appear by affidavit to the court or a
judge, that such service has taken place ; and the plaintiff
shall be at liberty to proceed in such manner, at such time,
and subject to such conditions as the court or a judge may
see fit.
62. In cases of foreclosure, when it shall be made to l^^l^f^ °^^°^^
appear, by affidavit, that a defendant is out of the province,
an order may be made by the court or a judge, or prothono-
tary, for such defendant to appear on a certain day therein
" named, which order shall be published in the royal gazette,
or in such other way, and for such time, as the court or
judge, or prothonotary, shall direct ; and the pubHcatioii
of such order shall be deemed good service on such
defendant.
424
EQUITY.
[PAET III.
Chap. 127.
Discretion of
tlie court re-
garding costs.
Hearings.
Power of the
court in cases
of default of
appearance, &e,
Several causes
of action may
be united.
Eules regard-
ing parties to
suits.
63. The court shall, in all equitable cases, have the same
discretion in awarding or withholding costs, or directing
the fund out of which they shall be paid, that is now exer-
cised by the court of chancery.
64. The hearings in equitable cases, and arguments
therein, shall be governed by the same rules as now prevail
in the supreme court.
65. In cases of default for want of appearance and plea,
or where all the material facts of the case which entitle the
plaintiif to equitable relief are admitted by the defendant,
the court, or a judge at chambers, may thereupon make
such order as the right and justice of the case shall require,
both as regards the relief prayed for, and the costs of the
suit.
66. The plaintiff may unite several causes of action in
the same writ, whether they be such as have heretofore
been denominated legal or equitable, or both. The .causes
of action so united must accrue in the same right, and
affect all the parties to the action, and must not require
different places of trial.
67. No defendant in any suit shall be permitted to object
for want of parties, in any case to which the following
rules extend :
Eule 1. — Any residuary legatee or next of kin may, with-
out including the remaining residuary legatees or next of
kin. have a judgment for the administration of the personal
estate of a deceased person.
Kule 2. — Any legatee interested in a legacy charged upon
real estate, and any person interested in the proceeds of
real estate directed to be sold, may, without including any
other legatee or person interested in the proceeds of the
estate, have a judgment for the administration of a deceased
person.
Rule 3. — Any residuary devisee or heir may, without
including any co-residuary devisee or co-heir, have the like
judgment.
Rule 4. — Any one of several persons for whom a trust
is held under any deed or instrument, may, without includ-
ing any other of such persons, have a judgment for the
execution of the trusts of the deed or instrument.
Rule 5. — In all cases of suits for the protection of pro-
perty pending litigation, and in the nature of waste, one
person may sue on behalf of himself and of all persons
having the same interest.
Rule 6. — Any executor, or trustee, may obtain a decree
against any one legatee, next of kin, or person for whom
a trust is held, for the administration of the estate or the
execution of trusts.
Rule 7. — In all equitable cases, the court, or a judge, if
he or they shall see fit, may require any other person to be
made a pa^+v tn tlie suit, and may make .""f^h nrrlpr in any
TITLE XXXIV.] EQUITY. 425
particular case as he or they may deem just, for placing Chap. 127.
the defendant on the record on the same footing, in regard " ~" ~
to costs, as other parties having a common interest with
liim in the matters in question.
Rule 8-^In all suits concerning real or personal estate
vested in trustees under a will, settlement, or otherwise,
such trustees shall represent the persons beneficially inte-
rested under the trust, in the same manner, and to the same
extent, as the executors in suits concerning personal estate
represent the persons beneficially interested in such per-
sonal estate ; and in such cases it shall not be necessary to
make the persons beneficially interested under the trust,
parties to the suit with the trustees or executors, but the
court or a judge may, upon consideration of the matters
on the hearing, if he or they shall think fit, order such per-
sons, or any of them, to be made parties.
68.' It shall be competent for the .court, or a judge, to Suit may be
dismiss any suit for equitable relief where the plaintiff shall want of pro°e-
not prosecute it with effect, in such reasonable time as shall ""t'on-
be^Uowed him by an order in that behalf.
6i9. The court, or a judge, may make an order for the B,eceiTer may
appointment of a receiver, when necessary in any suit, ^''pp""
which order shall state the amount of security to be given,
and the terms and conditions on which the assets shall be
held by him.
70. The hearing of equitable suits may be had at any Hearing in ra-
time in the vacation, on the application of either party,
before any three or more of the judges ; and for that pur-
pose, and the giving of decisions therein, the court shall be
held as being always open. Further directions may be given
at chambers.
71. All costs shall be taxed by a judge. Sa."°° °^
72. The fees heretofore allowed in the court of chancery jees to be those
are abolished, and fees in equitable suits shall be taxed and ^^ schedule.
allowed as in the table of fees in the schedule to this
chapter.
73. Any person taking greater fees shall, for such offence. Penalty for
forfeit to the party aggrieved, ten pounds, and also the *°''''°^ greater,
amount of such excessive fees.
74. Actions for such forfeitures shall be brought in the Action for pe-
county where the ofience was committed, and within six °* ^'
months next after the date of such ofience.
75. The office of the master of the rolls is abolished.
76. This chapter has operation from the first day of
August, 1855, and the words "heretofore," "hereafter,"
" at present," "now," " henceforth," and the like, refer to
that date.
426
MABBIAGE -AND DIVORCE.
[part III,
Chap. 128.
Table of fees.
TABLE OF FEES.
Attorney's.
SIieritT's.
The same fees as, now allowed in the supreme court with
the following additions, in equitable suits :
Attorney's Fees.
Where the writ exceeds five folios, the court or a
judge may allow for the excess, being not
more in any case than twenty folios in all, for
each folio, £0 10
Counsel fee for examining each equitable pleading, Oil 8
Counsel fee in all equitable suits to be taxed in
any stage of the cause, at the discretion of
the judge, but not to exceed . . .500
Drawing every brief deemed by the judge neces-
sary in an equitable suit, from £\ to £5, at
his discretion.
Every deed in foreclosure and other equitable
suits, . . • 13 4
Every attendance before a master, shewn to have
been necessary, by affidavit, and approved of
by the judge, 0 6/' 8
All necessary expenses incurred in serving defen-
dants out of the province, in advertising and
for postages.
Master's Fees.
Every attendance on a reference, shewn to have
been necessary, by affidavit, and approved of
by the judge,
Every report
And for every folio beyond six folios, but not to
exceed ten folios in all, ....
Administering every oath, and signing jurat.
All necessary travel, going and returning, per mile, 0
On sales of land in foreclosure, and other '
equitable suits.
For sheriff or master attending the sale and re-
ceiving and paying over the amount, in lieu
of all poundage 2 6 8
0
6
8
0
6
8
0
1
0
0
1
6
0
0
3
CHAPTER 128.
OF THE COURT OF MARRIAGE AND DIVORCE.
Of the president 1. The govornor shall be president of the court of
, and vice presi- . jj- jin • j. i j.
dentof court of marriage and divorce, and shall appoint, by warrant
'dfvorol* "''"' uader his hand and seal, the chief justice, or any one
TITLE XXXIT.] ESCHEAT. 427
of the judges of fhe supreme court, to be vice president Chap. 129,
thereof.
2. The vice president shall sit as a member of the court vice president's
when the governor is president, and shall preside in his ^"'^'
absence.
3. The court shall consist of the president, vice presi- court, how con-
dent, and the members of the executive council : but the ^''''"''=''-
vice president and any two members of the council shall
constitute a court.
4. The court shall have jurisdiction over all matters Jurisdiction of
relating to prohibited marriages and divorce, and may ^ """' '
declare any marriage null and void for impotence, adultery,
cruelty, pre-contract, or kindred within the degrees prohibi-
ted in an act made in the thirty second year of king Henry
tlie eighth, entitled an act concerning pre-cohtracts, and
touching degrees of consanguinity ; and whenever a sen-
tence 'of divorce shall be given the court may pronounce
such determination as it shall think fit on the rights of the
parties or either of them to curtesy or dower.
5. The court may direct the examination of witnesses ortheexamina-
or ally, and declare, by definitive sentence or otherwise, the es° and the" en-
inarriage between the parties in the suit to be null and void ooSrt'its'power
from such time as the court may deem proper, and may over costs.
allow costs and alimony to the wife during the suit, and
upon its termination may award costs to either of the
parties.
6. The court may enforce the performance of any sen- Power of the
tence by means of an execution similar to that issued out itTBOT'tenoe?"'
of the supreme court, and when any property is sold by vir-
tue of such execution, the proceeds thereof, deducting
poundage and expences, shall be paid into the registry of
the court, to be disposed of as the court may direct.
7. The rules, orders, process, and other proceedings of Euies, orders,
the court, may be signed by the registrar, and the signature "' °^"s°'^ •
of the president or vice president shall not be necessary
unless the court shall otherwise order.
<Y/rrf^
y^ CHAPTER 129. ^^^-^-^
■^''.J^ri'^ OP THE COUET OP ESCHEAT.
1. Before any inquest of office shall be made, notice ^°*'f^f J^-^
thereof shall be given in the royal gazette, a copy of which Sow gi'ren. "*'
notice shall be fixed at the door of the court house, and in
three other public places of the county in which the land
is situate, and if any person be living on the lands, a copy
428
PROBATE COURT.
[part hi.
Chap. 130.
Inciuisitions
where to be re-
turned; traver-
sable In su-
preme oourt. •
Tenant neglect-
ing to give
landlord infor-
mation of no-
tice served.
Esolieated
lands wlien to
be granted.
of the notice shall also be delivered to him at least three
months before the inquest.
2. One part of every inquisition shall be returned into
the oiSce of the surveyor general, and any inquisition may
be traversed in the supreme court, having been previously
removed thereto by order of a judge.
3. If any tenant shall wilfully neglect to give informa-
tion of the notice to his landlord, in case he shall be within
the province, or to his known attorney or agent, in case he
shall be absent therefrom, he shall forfeit one hundred
pounds, to be recovered by the party injured.
4. No lands escheated shall be granted to any person
before the expiration of one year from the day of the in-
quest, except to the original owner.
CHAPTER 130.
OP THE PROBATE COURT.
Judge and re
gistvar. how
appointed and
sworn.
Judge ofcounty
where deceased
last dwelt to
grant probate,
Probate, &o.,
where granted
when deceased
lived out of
the province.
Judge may
order division
of real estate
»mong next of
kin. , *
Whero',divi8ion
of portion can-
not De made
without preju-
dice.
1. The judge Jind registrar of probate in each county,
shall . be appointed by the governor in council, and hold
office during pleasure, and shall be sworn before a judge of
the supreme court or the custos of the county.
2. The judge of probate for the county wherein the
deceased last dwelt shall have power to grant letters testa-
mentary or. letters of administration of his estate.
3. When the deceased shall die out of the province, the
judge of probate for the county wherein any estate of such
deceased person may lie, if letters testamentary or letters
of administration have not been previously granted within ,
this province, shall have power to grant the same.
4. The judge of probate may order the real estate of
the testator or intestate, wherever situate within the pro-
vince, to be divided among the next of kin, and whenever
the share or interest of any such person being next of kin,
shall have been transferred, the purchaser shall have the
same rights and privileges, and be subject to the same
liabilities as the person whose share he represents.
5. In cases where the estate is divisible among the chil-
dren of a testator or intestate, and such division, or the
division of any particular portion thereof cannot be made
without prejudice to the whole estate, he may order the
whole, or after the division of the residue, the whole of such
particular portion to the eldest son, and on his refusal, to
the other sons successively, and on their refusal to the
eldest and other daughters in like succession ; such son or
daughter paying to the other children their shares qf the
TITLE XXXIV.] PROBATE COURT. " 429
value of such estate, or giving satisfactory security for the Chap. 130.
payment thereof, with six per cent interest thereon. '
6. Such order for division shall be made upon the appli- Guardianstobe
cation of a party interested, and guardians shall be appointed miuOTs.""^ '^'"^
for such of the parties as shall be under age.
7. Where there shall be a claim for dower, or the widow Assignment of
shall claim any individual share or right devised by will, ^idow. *"'' '"
the judge of probate shall have power to order the same to
be assigned and set off.
8. All divisions and valuations of real estate made under Dirision of real
order of the judge of probate, shall be made by five dis- bf maJie^'"' *"
interested freeholders, to be appointed by the judge for
that purpose, who shall, before acting, be sworn by the
judge or registrar, or by a justice of the peace, to the faith-
ful discharge of their duty.
9. No such division or valuation shall be valid, unless Three ft-eehoid-
three at least of the persons so appointed and sworn shall frdivfaioS"'""
concur, and the judge shall approve thereof.
10. Before such approval shall be given, the parties Notice to be
interested, or in case one or more of them are minors, the fS'app"?'"
guardians shall have eight days' notice of the time and place ved by judge.
appointed to consider the same ; and where toy one or
more of the parties interested shall be absent, or cannot
be personally served, publication of such notice in the
royal gazette, at least four weeks before the day named,
shall be considered sufficient service of notice.
11. On the day named in such notice, .the judge shall p«'fi'''n»ti'>n of
confirm or reject the division, or make such amendments'"" ^^"^
thereof, as he may deem right, and shall tax and award the
costs of such division and valuation, and apportion the
same among, the parties interested in the estate as he shall
deem just ; and such taxation and ord,er shall have the same
•effect, and be enforced in the same manner as the taxation
and order mentioned in the forty-fifth section.
12. Where such division is made the judge may, if Plana maybe
necessary, order a surveyor to prepare af)lan to be filed j'udgo! ^
with the registrar.
13. In case the personal estate of the deceased shall be License for sale
found by the judge on affidavit insufficient for the payment lettfng'^af "real
of his debts and legacies, such judge, upon security being per^stnai'pro-
given by the administrator or executor, to account for the perty insuffi-
proceeds of the sale or the sum obtained by mortgaging or Ss. " ^"'^^
leasing the same, may, at his discretion, grant a license for
the sale of the whole or such part of the real estate of the
deceased as he shall deem necessary, or for the mortgaging
or leasing thereof, provided such lease be for a term .not
exceeding twenty-one years.
14. No such license shall be in force more than one year License to be in
, ., ,• ,1 r •' force for one
after the granting thereof. year only.
15. Every, license shall be entered in the registrar's License to be
book, and a copy thereof duly certified by the judge or ghteredr"
430 PROBATE COURT. [PAltT III.
Chap. 130. registrar shall be registered in the office of the registrar of
deeds for the county or district in which the real estate
Certified copy may lie, and such certified copy, or a copy thereof from the
registry certified under the hand of such registrar of deeds,
shall be evidence of such license in all courts, without fur-
ther proof.
Security for li- 16. The Security to be given by any executor or adminis-
given by bond, trator before the granting of such license, shall be a bond
to the judge of the court of probate in a sufficient penalty
with two sureties to be approved by him, the bond to be
in the form in the schedule.
In case the exe- 17. In case any executor or administrator shall not give
nut"ivt°th?t"- sich security within a reasonable time, the judge may, on
earify the judge the application of any person interested, order such execu-
another person tor or administrator having been first duly cited, to give
to act. such security within a period in the order to be named;
and if such executor or administrator without sufficient
cause shall neglect so to do, the judge may appoint some
other person interested in the estate, to act as administra-
tor for the sale of the real estate and appropriation of the
proceeds, upon his giving the security required.
Undevised real 18. When any part of the real estate of the testator has
hesoii'first^for been Undevised, and the personal estate shaJl be insufficient
JeLta"'i6sa,cies, ^^^ *^^ payment of debts, legacies and expenses, the unde-
&«•. " vised real estate shall be first sold, unless it shall appear
from the will that a different arrangement of his assets for
the payment of his debts or legacies ^v^as intended, in which
case they shall be applied for that purpose in conformity
with the provisions of the will.
Judge empow- 19. The judges of probate shall have power to issue
compuisOTy" such proccss as may be necessary for the discharge of the
p™ni8h'for oon° ^^^^ ^eposed in them, and also to issue subpoenas to compel
tempt. the attendance of witnesses and the production of papers
material to any inquiry pending before them. The party
refusing or neglecting to obey such process may be punished
as in a court of law for a contempt, and all such process
shall be executed by the officer to whom it is directed.
Lettora ad col- 20. No letters ad colliqendum shall be granted bv the
ligendum, liow • j -.i , j -^ i • r. , , , " ■'
granted. judge witiiout due security being first taken.
When judge in- 21. When the judge of probate shall be interested in
ctrta'n^amount ^^^ ^^^^Q of the deceased as heir, legatee, debtor or creditor,
case to be trans- to the cxtcut of two hundred pounds and unwards. or as
ferred to tlie , j • • i j i ^ . ' ,
next county, executor or administrator, or when a person so interested,
after proceedings have been had before the court of probate,
shall be appointed judge thereof, the case shall be trans-
ferred to the probate court of the next adjoining county,
and shall there be disposed of and settled ; and so soon as
such estate shall be settled, the judge shall transmit to the
court of probate where the deceased last dwelt, a certified
copy under his hand and the seal of his court, of his pro-
ceedings therein, and such proceedings shall be entered and
TITLE XSXIV.] PROBATE COURT. 431
recorded in the books of registry of the court to which Chap. 130.
they are so transmitted. .
22. No iudge or registrar shall be directly or indirectly Juflge nor ro-
1 J 4? • 11 J 1 j-i giatrar to be of
employed, or proiessionally concerned, as counsel, attorney, eounaei with
solicitor, proctor, or advocate, for any party in any matter ''"^ T^^'^^y-
pending or to be brought before the court of which he is
judge or registrar.
23. The registrar shall have the care and custody of all ^^fg^'jegijj^ --e
papers and books to the probate office belonging, and in of books, &a. -,
case of the death, sickness, or necessary absence of the glSrliowap-
registrar, the judge may appoint and swear into office some po'n'o^-
fit person to officiate in his atead until the standing registrar
shall be able to attend his duty, or until a new one be duly
appointed.
24. The registrar shall keep a book for the registration Different books
of wills, a book for the registration of decrees and orders of registrar!^ ^
sale of real estate, a book of acts or a book containing a
short abstract of the proceedings of the court, properly
indexed.
25. Every oath administered to an executor or admi- oathatobesub-
nistrator on entering into office shall be subscribed in t?ng.°
writing.
26. In the book for the registration of wills, all original Wilis, how re-
wills are to be registered, and all interlineations, alter- ^'* °'* '
ations, or apparent erasures not noticed in the attesta-
tion, are to be noted at the foot of the record, so as to
be as nearly as possible an exact and literal transcript of
the original.
27. No judge of probate shall permit an original will h^^Se™^ "^
to be in any case taken out of the province, or to be remo- office.
ved from the office but for the purpose of being produced
in the supreme court, and then only on security being taken
for its safe custody and return. _ ■ ' .'
28. AH decrees are to be regularly filed and regis- JDe&ms^to^be^^
tered. t^red. ° ,,
29. All letters of guardianship and letters ac^ coZZiaen- Letters of guar
7 , , . , ° J dianship to be
aum are to be registered. .,^- registered.
30., All applications for the probate of wills or letters Applications
of administration may be made either verbally or in writing; iettJi™of admi^
all other official, acts and orders shall be in writing. SJfdetactsand
31. "Where such application is verbal, it shall be made ^""^^Wj" ^^ ™
to the registrar of the court of probate at his office, who verbafappiioa-
shall thereupon enter such application in the act book, and ^om, how
shall, upon such entry being signed by the party making
such application, submit the same to the judge for his f.at
thereon.
32. Whenever application shall be made to a judge of Applications
, , , „,. ^J^, ,. , .,,•' ° J for filing and
probate lor nling and recording a copy oi a win proved recording wiUs
without the province, the testator having real or personal S^rprov'inoe,'''^
property within his jurisdiction, he shall order the registrar ^"e'din-s^iiiM&i
to give public notice in the royal gazette uewspaper at on.
432 PROBATE COURT. [PART m.
Chap. 130. Halifax of the application and of the time and place when
the application will be heard.
Rigbta of par- 33. In all cases of application for letters of administra-
p'rovTnoo^to bo tion or probate when the party or any one of several par-
plSfonitor''' ^los entitled to administration or probate is without the
^iministration, province, the judge shall reser\ge the right of such absent
person, but shall proceed notwithstanding.
Compulsory 34 ^\[ compulsor.v process shall be directed to the
airected. shcriif or his deputy, or to the coroner,
wher^eexeoutor ^^- Upon being required by the judge of probate to
fie, required to' render an account, the executor or administrator may
coSntl^ oi"atfon, apply to the judge for a citation requiring the creditors
thei/fOTm'''&c. ^^'^ "6^* o^ ^^^ 0^ ^^^ deceased, and the legatees, if any, to
appear before him on a day therein to be specified, and to
attend the settlement of such account ; such citation shall
be served personally on all those to whom it shall be directed
living in the county of the judge, at least fifteen days be-
fore the return thereof, and upon those living out of the
county, or whose residence may be unknown, either per-
sonally fifteen days previously, or by publishing the same
in the royal gazette at least four weeks before the return
thereof The citation to be in the form in the schedule.
Citations on fl- 36. It shall not be necessary to serve any citation pre-
to whom direct^ paratory to the final settlement of an estate upon any credi-
" ' tor whose debt shall have been paid, nor upon any legatee
or next of kin, unless the judge of probate shall order such
service and shall in such order name the parties to be so
cited.
Who may serve 37, ^^v literate person may serve such citation, and an
citation ; ser- ~,,..*^ .. n ^ • 7 * i ii
vice how veri- amdavit m writmg 01 the service having been regularly
■ hoVborne"^^' made, by the person serving the same, taken before the
judge or registrar or any justice of the peace, and filed in .
the registrar's office, and specifying the time and place of
service, shall be sufficient; the expense of which service
shall be borne by the party at whose instance the same was
granted, or paid out of the estate, as the judge ma^'^ direct.
terested'ma '■°" ^^" "^^^ pcrson interested in the estate of the deceased
contest the final may attend the settlement of such account and contest the
settlement. game, and may obtain from the judge process to compel the
attendance of witnesses.
Executors. &e., 39. On making his account, every executor or adminis-
vouSrs^^may trator shall produce vouchers for all debts and legacies paid,
Spo1f*o"thl"^ and for all funeral charges and expenses ; and such execu-
t""hiii?n ^' h""^" *°'" °^ administrator may be examined upon oath by a
vouched; master under an order of the court or by the judge of
probate, touching any property or effects of the deceased
which have come to his hands or knowledge, and the dis-
position thereof, and -such executor or administrator may
be allowed any item of expenditure not exceeding forty
shillings, for which no voucher is produced, if such expen-
diture be supported by his own oath positively to the fact
TITLE XXXIV. PROBATE COtTET. 433
of payment, specifying when and to whom the same was Chap. 130.
paid, and snch oath being uncontradicted. '
40. It shall not be necessary in any case for a party to Parties may Me
employ a proctor or advocate in the court of probate, but voeaie their" "
every party maj'- prepare and file his own papers, and advo- ''^" oaisea.
cate his own cause therein.
41. The testimony adduced before any fudge of probate Testimony to
, -^ f. J. -u ■ / J & f prove a will or
in relation to the proor oi any will, or in any controversy touching a con
before him, shall be reduced to writing and filed. in''writmg''and
42. When any will shall be offered for probate, and the ''^®'^-
witnesses live out of the province, or more than thirty yed \hen wit-
miles distant, or by reason of age or sickness are unable to aSent'or''8'iok.
appear and give evidence in court, the deposition of such
witnesses in writing, taken before any person duly authori-
zed by the judge of probate, shall ha^e the same force and
effect as if such witnesses were present and testified in open
court.
43. Any hearing may be adjourned from time to time Hearings may
as shall be necessary, and the judge may appoint one or auditOTs™p. '
more auditors to examine the accounts before him and to P<"°'«'i-
make report thereon under oath, subject to his confirmation,
and may make a reasonable allowance to such auditors, to
be paid out of the estate.
44. The final settlement of the account and the allow- nnai aettie-
ance thereof by the judge, or upon appeal, shall be con- "w'ancr o/ ac-
clusive evidence against all creditors, legatees, next of kin f ""t^u shau''be
of the deceased, and all persons in any way interested in conclusive evi-
the estate upon, whom the citation shall have been served,
either personally, or by publication as herein directed, of
the following facts:
First.^ — That the charges made in such account for monies
paid to creditors, to legatees, to the next of kin, and for
necessary expenses, are correct.
Second. — That such executor or administrator has been
charged all the interest for monies received by him and
embraced in his account, for which he was legally account-
able.
Third. — That the monies stated in such account as col-
lected, were all that were collectable on the debts stated
in such accounts at the time of the settlement thereof
45. The judge shall tax and award such costs as ^^e costs, how ai-
allowed by law, to be paid by the party against whom the and recovered j
decision may be made in any matter contested before the tfoT^rovMBd^'
court, and if against the executor or administrator, to be
paid out of his own estate or out of the estate of the
deceased, as may be just and proper, which taxation and
order shall have the like effect as a judgment in a court of
record, and execution may be issued by the judge in the
form in the schedule. Any such taxation or order may be
reviewed by the supreme court, or by aijy judge at cham-
bers, upon notice given to the party in whose favor the
,-» <i#-'
:34 PROBATE COURT. [PABT in.
}hap. 130. taxation and order may be made, without any appeal being
entered and perfected, and such order made therein as to
puch court or judge shall seem just and proper.
aiueofestatos 46. The value of an estate in reference to the fees pay-
s to fees, now -,.. ini -i-ini-i ii
itimatedmthe able thereon shall be ascertamed m the nrst instance by the
rst instance. ^^^^ ^£ ^j^^ administrator or executor to his belief of the
value thereof, to be regulated however eventually, by the
actual amount,
ppeais to su- 47. Auv person may appeal from any order, sentence,
rovided ; time decree. Or denial of the judge of probate, to the supreme
ppe™*°bon(i' court at its next sitting in the same county, or directly to
henioteoiBd. ^he Supreme court in Halifax, whenever the supreme court
shall meet in Halifax, previously to the sitting in the county
from whence such afipeal is mad6, which courts shall have
power to confirm, alter or reverse the same, and the appel-
lant shall, within thirty days from the making of such order,
sentence, decree or denial, enter his appeal, and file in the
registry of the court of probate a statement of the grounds
on which the appeal is sought ; and also, within ten days
thereafter, shall file a bond to the judge, with two sureties
to be approved by him, in the penal sum of sixty pounds,
conditioned for the payment of such costs as may be
awarded against him upon such appeal, and such appeal,
when so perfected, shall be a stay of proceedings,
ause may be 48. In case it shall appear that the ends of justice will
smitted. Y)Q promoted thereby, the appeal court may remit the cause
to the probate court for a further investigation of facts, or
more perfect consideration, with such instructions and upon
such terms as may be deemed advisable,
[earing of ap- 49. When an appeal shall have been duly perfected, the
'"^^' appellant may cause the same to be heard before any two
judges of the supreme court, at chambers, upon a rule nisi
'judgment there to be obtained. If their decision shall confinn the
"^ ■ decision appealed from, the same shall be final. If the
r reversed, judgment appealed from be reversed or altered, then, upon
the motion of any party who may be dissatisfied, such
cause may be entered and argued before the judges in
term, as heretofore.
intering the 50. In casc the appellant, after fourteen days' notice to
ppeai. Y)e given him by the respondent requiring him to enter the
appeal for argument at chambers, shall neglect so to do,
then the respondent shall be entitled to enter the same, and
shall also be entitled to a rule nisi, to confirm the decision
of the judge of probate,
udge to trans- 51. Upon the appeal being perfected, and the fees for
ios'V/pape°rt ^^'^'^S *^® copies hereafter mentioned being paid, the
e. to the court judge of probate shall immediately transmit to the court in
appea . ^hich the appeal is to be heard and determined, a copy of
the appeal, and of all such papers, documents and testimony,
as shall be ordered by the court, or any judge thereof at
chambers, on the subject of the appeal, with a statement of
TITLE XXXIV] . PROBATE COURT. 435
the decision made by him, certified under his hand or that Chap. 130.
of the registrar. :
52. If upon the appeal having been perfected, and the Oourt of appeal
fees allowed in the previous section tendered, the judge of lum ^o"/ "papers
probate shall neglect to transmit the appeal and papers con- j^JJ,"*"^®"* "*'
nected therewith to the coiirt wherein the appeal is to be
heard and determined, on due proof thereof the court may
proceed to enforce the return by attachment as for a con-
tempt.
' 53. The supreme court, or any judge at chambers, upon on speeiai
special cause shewn at any time within six months after the peafs'may Te
time limited for entering and perfecting an appeal, may tix°montha"''"
allow an appeal upon such terms as may seem just, in which a"er the ordi-
case the same proceedings shall be had as if the appeal had elapsed,
been originally entered in the court of probate.
54. The court in which the appeal is heard may direct Costs may be
the costs thereof to be paid personally by the parties SJurT of appeal^
against whom such costs shall be awarded, or out of the ^"fy^^^^^."""
estate which may be the subiect of appeal. The payment bonds how and
of the costs may be enforced against the appellant by execu- secuted.
tion or suit on the bond, and against other parties by exe-
cution; but no such suit on the bond shall be commenced
without the order of the court of appeal or a judge
thereof.
55. The court of appeal when any matter of fact shall ^"'^^^if™*!
arisOj may, if they think fit, order a feigned issue to be made ™*^
up, and prescribe the manner of making the same, and
direct the county in which the same shall be tried; and shall
have power to grant new trials thereof, and to order by
whom, and in what manner the costs attending the determi-
nation of the issue shall be paid : the final determination of
such issue shall be conclusive as to the facts therein con-
troverted.
56. Any executor knowing of his being named as swch, Forfeiture for
and neglecting without sufficient reason to cause the will gilot'topro'e
to be proved and recorded in the probate court of the »wiii.
proper county, or to present such will and declare his
refusal of the executorship, shall forfeit after the lapse of
the first month, five pounds for every month he shall neglect
his duty therein; which may be recovered to his own use
by any person having an interest in the estate of the de-
ceased, in an action of debt.
57. Upon the refusal of the executor to accept the tVust, Administration
the judge of probate shall commit administration of the Tilnexed may
estate with the will annexed to those who would have been ^hfre°exooutor
entitled to the administi^ion thereof if the deceased had refuses to act.
died intestate. A.^
58. The supreme court or court of probate may, if they An executor
shall think fit, upon summary application and upon due S^i^V^bonds
proof that the executor is wasting the estate, order the ^fXtVfTa'ste.
executor to givo security for the performance of his duty;
28
436 PEOBATE COURT [PART III,
Chap. 130. and, if he shall not obey such order, shall cancel his autho-
' rity ; and the court of probate shall thereupon appoint
another executor who shall have full authority to proceed
with the settlement of the estate.
Administrat'on, 59. Administration of an intestate estate shall be granted
to whom grant, , „ ,, i. • ii i- i
ed, and in what to some one or more 01 the persons heremaiter mentioned,
'"'''®''' and they shall respectively be entitled thereto in the follow-
ing order:
First. — The widow or next of kin, or both, as the judge
of probate shall think fit ; and if they do not voluntarily,
either take or renounce administratipn, they shall, if resident
within the county, be cited by the judge for that purpose.
Secondly. — If the persons so entitled shall fail without
sufficient cause, to take out administration, within thirty
days after the decease of the intestate, the judge of probate
shall commit it to one or more of the principal creditors,
if competent and willing to undertake the trust, or to any
other person on the application of one or more of the credi-
tors duly proved to be such, as he shall think fit.
Thirdly. — If the deceased were a married woman, admi-
nistration of her estate shall be granted to her husband, if
willing to undertake the same, unless she shall by force of
a marriage settlement, or other lawful power, have made
some testamentary disposition of her separate estate, or
some other disposition which shall render it necessary or
proper to appoint some other person to administer her
estate,
jndge may as- CO. In case such of the next of kin as shall be considered
iS^admStal!'^ by the judge best qualified to administer in any estate shall
ton with the dcsire it; the iudge may associate with him in the adminis-
next of jtin. . 7jo j i-nr'iT pi
tration, such person as he may think nt and proper for that
purpose.
An ariministra- 61. When administration of the "estate of any person
dyingourof"" dying out of the province shall have been granted in the
a^p&'inK°ftr pl^ce wherc the deceased was last domiciled out of tbe pro-
aflministration vince, and the person to whom the same was granted shall
preferred'. ° * ^'Pplj to have administration of such part of the estate as
may be within the province, he shall be preferably entitled
thereto, and the administration to him granted by the judge
of probate shall supersede any other administration thereof.
A previous, ex- 62. When the authority of an executor or administrator
maybe citedby ^^^11 ccase he may be cited to account before a judge of
bis successor to probate, at the instance of the person succeediag to the
administration of the estate.
Administrator 63. Every administrator shall, before entering on the
to give bonds, execution of his trust, give bond with two sureties to be
approved of by the judge, in such sum as he shall order,
and in the form in the annexed schedule.
Administrator 61. The judge of probate, may, if he shall think fit, on
to°'enterXtr'^ Summary application and due proof that any bondsman on
aewbond. any administraiion bond has died, or become insolvent^
TITLE XXXIV.] PROBATE •COURT. 437
order the administrator to enter into a new bond with two Chap. 130.
sureties, to be approved by the judge, in such sum as he ''
shall order ; and if the administrator shall not obey such
order, may cancel his authority, and thereupon proceed to
appoint a new administrator in the same manner as if such
administrator were deceased.
65. The bond to be taken on such new administration. Bond to be in
shall be as near as may be in the form of the administration ®'™^"wseii.
bond, making the necessary alterations.
66. The executor or administrator to whom letters tes- fli^^"'?S'.*° '"'
tamentary, or letters of administration shall have been three months,
granted, shall within three months thereafter, unless the
court on petition allow further time therefor, exhibit and
file, in the registrar's office upon oath, a full and true inven-
tory of the real and personal estate of the deceased, which
shall have come to his possession or knowledge.
67. If any real or personal estate of the deceased shall fories^ma°^T
come to the possession or knowledge of the executor or filed,
administrator after he shall have filed such inventory,
he shall within a reasonable time thereafter, file in the
registrar's office a further inventory of the same upon
oath.
68. Any executor or administrator neglecting to file Kne for ne-
such inventory after having been duly cited to file the same, mventm-y%cw.
shall forfeit five pounds for each month's neglect, to be recovMabie."'
recovered by any person having an interest in the estate of
the deceased, in an action of debt.
69. In making such inventory, the following articles Articles to be
shall be omitted, and shall not be considered as assets, nor iSventor"""
be administered as such, notwithstanding the estate of the
deceased should be insolvent, viz :
First. — All the paraphernalia and articles of apparel or
ornament of the widow, according to the degree and estate
of her husband, and also the apparel of the minor children.
Secondly. — The wearing apparel of the deceased not
exceeding ten pounds in value, which shall be distributed
at the discretion of the executor or administrator, among
the family of the deceased.
Thirdly. — Such provisions and other articles as shall be
necessary for the reasonable sustenance of the widow, if
any, and also of the family of the deceased, for ninety days
after his death.
70. The judge on granting letters of administration, or Warrants of ap-
letters testamentary, and as often afterwards as may become wheTMfdriow
necessary or advisable, shall, by a warrant of appraisement, aera'^fjes!^^^"
appoint two or more disinterested persons to estimate and
appraise all the real and personal estate of the testator or
intestate ; and such appraisers shall be entitled to receive a
reasonable compensation for their services for the time they
may be actually employed, not exceeding ten ^hillings for,
each person per day.
X
438 PROBATE COURT. [PART III,
Chap. 130. 'ji^ When appraisers are so appointed, the inventory
When property shall be made by the executor or administrator with the
eesfaerr may aid of such appraisers ; and when property shall be in differ-
tavMitodesT'^ ®"* ''"^^ distinct places,two or more inventories may be made;
warrant to' be and evcry such warrant of appraisement shall be returned
taventory. and filed in the registry of probate with the inventory.
Appraiser's 72. Before proceeding to make the appraisement, the
whom''to°be appraisers shall be sworn by the judge or registrar, or a
^t^e'^to' bron' justice of the peace, truly and impartially to appraise the
the warrant, property which may be exhibited to them according to the
best of their knowledge and ability ; the taking of the oath
shall be certified on the warrant of appraisement by the
person administering the same.
Executors, 4c., 73. Evcry executor or administrator, previous to the
the%oyai'ga-"' payment of debts or distribution of the estate of the
to"bi Ss^d deceased, shall, by advertisement in the royal gazette news-
^cordingto paper, in all cases where the estate shall be under two hun-
informal attes- drod pounds for One month, and in other cases for six
.^a^nsf™^"'^"' months, call on all persons who have any demands upon the
estate of the deeeased, to exhibit such demands within one
year from the date of the advertisement, — all which demands
when exhibited shall be attested to by the party, or in his
absence from the province by his agent, before the judge or
registrar or a justice of the peace, and the affidavit shall be
in the form in the annexed schedule, but no account shall
be rejected by a judge in his final decree for any mere
informality in the same, or the attestation thereof, unless
he shall be satisfied that the party claiming to be a creditor
shall have had notice of such informality.
•Bxectftor,ac.,a 74. When the executor or administrator shall be a
account one Creditor of the estate, he shall file in the office of the regis-
.aistributfon™ trar at least one month before the distribution of the estate,
a true and correct account of all dealings between the
deceased and himself, verified by affidavit in the form in the
annexed schedule.
:Haming a debt- 75. The naming of any person executor in a will shall
•riiai'i not extin- Kot operate as a discharge of any claim which the testator
guish a debt jjg^j against him, but such claim shall be included as part of
the estate of the deceased in the inventory, and such
executor shall be lia+ile for the same as for so much money
assets of the estate in his hands at the time when such debt
or demand shall be due, and shall apply and distribute the
same as part of the personal estate of the testator.
Exeoutot,**., 7'6. Every executor or administrator, at the expiration
monthsto py of 'eighteen months from the date of the letters testamen-
makt*totribu- tary o.r letters of administration, advertfsement having been
bution. made as hereinbefore prescribed, shall pay all such legal and
just claims as shall then be exhibited, so far as the estate of
the deceased in his hands will enable him ; and shall make
Buch distribution of the surplus as directed by the will of
the deceased or by this chapter.
TITLE XXXIV.] PROBATE COURT. 439
77. The judge of probate on the application, after eigh- Chap. 130.
teen months from the date of the letters of administration Executor or ad-
or probate, of any party interested as a creditor, legatee, Slly'broUedto
or next of kin, or as surety on the administration bond, may account,
cite the executor or administrator to render an account,
and to proceed to have the same settled according to law ;
and on the settlement of any administrator's or executor's
account, the judge of probate may proceed to adjust the
claims of creditors, subject to appeal, as in other cases.
The costs of the proceedings on citation to render an
account shall not be allowed against the executor or adminis-
trator, unless the party at whose instance such proceedings
shall have been had, shall first have given ten days notice
to such executor or administrator, requiring him to render
such account.
78. After eighteen months from the date of letters of Executor or ad-
administration, any executor or administrator may cite a mLycUahisoo-
co-administrator, or co-executor to account before the judge ; admSrator'"
and thereupon the judge may compel the party cited to to account.
proceed to the settlement of his account, as between him
and the party at whose instance he was cited, or may order
all the administrators or executors to proceed to the settle-
ment of their accounts as prescribed in the thirty-fifth
section.
79. In the settlement of the accounts of executors or in settlement of
administrators, or in any matter pertaining thereto, the court Sf'probale''to"
of probate shall have the same power which was enjoyed po^/arohan-
by the court of chancery. oory-
80. <The judge of probate may order the surplus assets Distribution of
remaining after the settlement of an executor's or adminis- surplus assets,
trator's account to be distributed among the parties enti-
tled thereto.
81. The judge of probate, may, on summary applica;- J^j'^e^^ay^or-
tion, if he shall think it for the interest of the estate so paid by execn-
to do, order any money in the hands of the executor or J^ato? int'S'"'^
administrator to be paid into any chartered bank in this ^'>■'^^•
province to the credit of the estate; and when money shall
be so paid, the bank shall not permit the same to be with-
drawn without the order of the court of probate.
82. If the deceased at the time of his death, were liable ^'^™^J^J;™*?J
to perform any contract for the sale and conveyance of any red to convey
real or personal estate, the judge shall have power to tostate'has'coni
declare the administrator trustee thereof, so far as may be ^^^"'^'^ ^"^ '^'
necessary for performing such contract; and thereupon such
adr&inistrator shall have power to execute the necessary
conveyances for the performance thereof, and shall hold
the purchase money, subject to the same rules of descent
and distribution, as if the conveyance had been made and
the consideration received in the life time of the deceased.
83. Any executor or administrator may make oath before ^^^^^^'^^gf"
the judge of probate who has granted administration of the oiared inaoi-
440 PROBATE COURT. [PART III.
Chap. 130. estate, that he.believes the same to be insolvent, and the
vent; order of judge may, if he shall think fit, by an order for that purpose,
be^piISr''^ declare the estate insolvent, and the executor may plead
power of judge guch Order in bar of any legal proceedings instituted against
on petition i ap- such oxecutor or administrator for any cause of action
oases. '" *"*'*' accruing in right of the deceased, and judgment shall there-
upon be given in favor of such executor or administrator.
On the petition of any creditor or person interested in the
insolvent estate, the judge of probate may proceed to
adjust the claims of all parties interested therein, and to
settle the estate ; and where the judge shall decide against
any creditor in respect of any controverted claims, the credi-
tor may appeal to the supreme court in like manner as by
this chapter is provided in respect to appeals from other
decisions of the judge of probate.
Order of distri- 84. In the settlement and distribution of the insolvent
ontiaf o'laSns"" estate of any deceased person, the whole of the real and
*"■ personal estate remaining after payment of the funeral
charges, the necessary medical and other attendance on him
during his last illness, and the expenses attendant on the
settlement of the e'state, shall be distributed among those
creditors who shall have rendered their accounts duly
attested, within the period before prescribed in the follow-
ing manner :
First. — Domestic and farm servants and rent, to be paid
in full when not more than a year's wages or rent is due,
the excess to be on the same footing as other claims.
Secondly. — All other creditors to be paid in proportion
to the amount of their respective debts.
Mortjages and 85. Nothing in the preceding section contained shall
othirc°a?m3° affoct debts due on mortgages of real or personal estate,
Sd^by'"tiie*us't ^^ °^ judgments registered in the lifetime of the deceased
geetion. person, SO far as the value of the property so mortgaged or
lands bound by such judgment shall extend and no more,
leaving the mortgagee or judgment creditor at liberty to
claim as any other creditor for any balance that may remain
due to him after the value of such property or lands shall
have been realized ; or as affecting the widow's dower in real
estate, or to prevent any creditor who may not have exhi-
bited his attested account as before prescribed, from reco-
vering his demands against the estate of any deceased person
to such amount as may remain in the hands of the executor
or administrator for distribution after the settlement of the
estate ; nor to affect mortgages duly executed and recorded,
and judgments docketed and duly recorded before the nine-
teenth day of March, one thousand eight hundred and forty-
two.
When sale of 86. In cascs whcre tlie estate of a testator or intestate
.canSbem*ade is divisible amongst the next of kin, being collateral heirs,
wHihout^prej^u- and such division, or the division of any particular portion
ordeV the whole thereof, caunot be made without prejudice to the whole
TITLE XXXIV.] PROBATE COURT. 441
*
estate, the judge of probate may order the whole, or, after Chap. 130.
the division of the residue, the whole of a particular por- to one heir, on
tion, to the eldest of the heirs that may be in this province, ^iL^l^^ ^^''^'
and on his refusal, to the other heirs so being in the pro-
vince, successively, in the order of their ages, such heir
paying to the other heirs their shares of the value of such
estate, or giving satisfactory security for the payment
thereof, with six per cent, interest thereon.
87. Such order shall be made, and guardians appointed. Order, how
and other proceedings had, as prescribed by the sixth sec- '
tion. The relative ages of the heirs shall be ascertained Ages^ofheira,
by the affidavit of the applicant as to the facts, according ed.
to bis- belief.
88. If any trustee or executor, empowered by any last •Administrator
will and testament to sell and convey lands of the testator, may execute a
shall have heretofore made and entered into any contract ag?Mduponhy
for sale thereof, but shall have died before the full payment '^^^'^H^^'^^"^'
of the purchase money, and without having executed a
conveyance, and there be no executor or administrator of
such testator, the administrator de bonis non of the testator,
may, upon receipt and payment of the purchase money,
execute a conveyance of such lands to the purchaser or
any other person entitled thereto.
8&. If such trustee or executor shall have brought an Administrator
action on such contract or agreement against the purehaser, may°reeovor'
and obtained a judgment therein, the administrator de bonis Se"™y ^el
non of the testator, may take proceedings to recover the oeased execu-
amount due on such judgment under the 132nd section of '
chapter 134, part first ; and shall, for that purpose, be held
to represent the said trustee or executor.
90. Where the executor or administrator shall have ob- Notice of sale
tained a license for the sale of the real estate of the decea- by license, how
sed, he shall give public notice of the time and place thereof s'^®"-
by advertising the same in the royal gazette at Halifax, and
by posting up notices thereof in the township or settlement
wherein the lands lie, for thirty days previous thereto, and
shall proceed to sell the same by public auction at the time
and place named in the advertisement.
91. Where the executor at, the time appointed for the ^,fj^™^''^g^g''ff
sale shall deem it for the interest of all persons concerned advisable; no-
therein, that the sale should be postponed, he may adjourn mcnt to fr "'"
ven.
le gi-
it for any time not exceeding thirty days, and shall give no-
tice of such adjourned sale by posting up notices thereof.
92. The affidavit of the executor or administrator, made ^^^^^1°^^^:
before a judge or registrar of probate, and filed in the regis- denceof sale,
try within one year after the sale, shall be admitted as evi-
dence of the time, place and manner of the advertisement
aad notices.
93. All deeds of conveyance, mortgages or leases, made f/|fl|;jt„°a;i*as'?f
pursuant to the license, shall have the same effect as if made made by de-
t ., 1 , ■ ' ceased.
by the deceased.
42
PROBATE COURT,
[mr m.
ssperata
3SP'
ibtE
mTeyance un"
ir chapter.
>mmissioii9 to
:6cutor8, &c., .
3w adjusted.
HAP. 130. 94. An executor or administrator, at any time after the
lapse of twelve months from the issuing of probate or let-
ters of administration, may file an affidavit in the registry of
the court, with a schedule of desperate debts attached, con-
taining the particulars of dates, names, and amounts, setting
forth therein that such debts are, as he believes, desperate,
and that he has been unable to collect the same ; and there-
upon the judge of probate may make an order for the equi-
table division of the same among the creditors, next of kin,
or other parties entitled, or may appoint auditors for that
purpose, whose judgment shall be subject to confirmation
by the court ; and on the division which may be ordered
by the court, the parties to whom the debts are allotted
shall have all the rights and remedies for the recovery in
their own names of the debts assigned, which such execu-
tors or administrators possessed.
95. Every conveyance made under the provisions of this
chapter, and registered in the county where the lands lie,
shall be taken as presumptive evidence that all the proceed-
ings on which the same is founded were rightly had.
96. In the settlement of any estate, the executors or ad-
ministrators may be allowed over and above all such actual
and necessary expenses as may appear just and reasonable^
a commission not exceeding five per cent, on the amount
received by them ; and the court further may apportion
such commission among the executors or admiBistrators of
any estate as may appear just and proper, according to the
labor bestowed, or responsibility incurred by them respec-
tively.
97. When any provision shall be made by any will for
specific compensation to an executor, the same shall be
deemed a full satisfaction for his services in lieu of any
commission or his share thereof, unless such executor by
declaration under his hand filed in the court of probate,
shall renounce all claim to such specific legacy.
98. A judge of. probate shall have power to appoint a
surrogate during any temporary absence, subject to the
approval of the governor in council ; and such surrogate,
during such absence, shall possess all the .powers and dis-
charge the duties of the judge of probate.
99. Where any oath prescribed by this chaptei" is re-
quired to be taken before a judge or registrar, and the party
to make such oath lives out oi the province, or more than
thirty miles distant, or by reason of age or sickness is una-
ble to appear before such judge or registrar, the oath of
such party taken in writing, before any person duly autho-
rized by such judge, shall have the same effect as if taken
before the judge or registrar. ''
100. The forms in the annexed schedule shall be otS^r-
ved as near as may be in the court of probate.
specific lega-
r as compensa-
oi* fco an" exe-
itor, unless re-
mnced, shaU
! in lieu of
)iumlssion.
irrogate, ap-
-^ntment,
iweiB of, &e.
id^e may au-
korizo persons
• administer
ith in certain
.ses.
)rms to he ob-
rved.
TITLE XXXIV.] PROBATE COURT. 44'3
SCHEDULE. Chap. 130.
Form of affidavit to he annexed to any account or claim ren-
dered by a creditor to an executor or administrator.
A. B. of ,maketh oath and saith, that the foregoing
paper writing doth contain a true and correct account of
his demand against the estate of — = , deceased, and that
all the credits to which the deceased was honestly and
justly entitled, so far as deponent believes, have been given
on said account ; and that the balance of is justly
and truly owing to deponent.
Sworn before me at , this day of .
Citation.
Nova Scotia,
To A. B. of , in the county of ,
Greeting :
Whereas, A. B., executor \or administrator, or other per-
son interested as the case may be,] hath prayed that you may
appear and \here state in short forms the object,] you are
therefore required to appear before me at a court of pro-
bate, to be held at , within and for the said county,
on the day of ■ — '■ — next, to [here state in short forms
the object.]
■■ Given under my hand and seal of the said court, this
day of , 18—.
C. D., judge of probate.
E. P., registrar of probate.
Attachment.
Probate court.
County of , ss.
To the sheriff of ;-.
Greeting :
. You are hereby required to attach by his body, if found
within your bailiwick, and him safely keep, so that you may
have his body before me at my office in , on the
day of next coming, to answer concerning a con-
tempt lately by him committed in neglecting to appear
before me pursuant to a subpoena issued in that behalf,
[or in case it may be for refusing to testify after appearing,
for refusing to testify before me] in a certain matter lately
pending before me as a judge of probate for said county,
and have then there this writ.
, Given under my hand this day of , 18 — .
C. D., judge of probate.
E. F., registrar. ; ■■fe^!
444 PROBATE COURT. [PARY III,
Chap. 130. Execution.
Probate court.
County of , ss.
To the sheriff of the said county of -
Greeting :
You are hereby required [or in case it be an alias execur
tlon as before,] to levy pf the goods and chattels of ,
within your bailiwick, the sum of , for costs awarded
in favor of ■, in a certain proceeding lately had before
me as judge of probate in and for the said county, and
have that money before me at my office in , within
thirty days from the date hereof, to be rendered to the said
, and for want of such goods and chattels whereon
to levy you will take the body of the said , and him
safely keep until the said sum and your costs of levying
this execution be paid, and make return hereof within thirty
days from the date hereof
Given under my hand this day of , 18 — .
C. D., judge of probate.
E. F., registrar.
Warrant of appraisement.
Nova Scotia, county of , ss.
To.A. B., &c.
Greeting :
You are hereby appointed and empo\vered, to take an
inventory of all the real estate, goods, chattels and credits,
of which late of , in the county aforesaid died
seised or possessed within the province, and according to
your best skill and judgment truly to appraise the same,
which, when completed, you are to deliver to the executor
or administrator of the said deceased, to be returned toge-
ther with this warrant, in three months from the date
hereof
Given under my hand this daj'^ of , 18 — .
S. S. C. D., judge of probate.
The above named appraisers personally appeared before
me and made oath that they would faithfully and impartially
perform the services to which they are appointed by the
above warrant.
Bond on appeal.
(The bond to be taken for pounds, payable to the
judge of probate in the same manner as administration
bonds, and conditioned as follows :)
Whereas the above bounden hath appealed fronj
the decision of the judge of probate, made in a certain
matter now pending before the said judge. Now the con-
dition of this obligation is such that if the said shall
TITLE XXXIV.] PROBATE COURT. 445
■well and truly pay such costs arising from such appeal, and Chap. 130.
to such person as the court of appeal may order and direct,
then this obligation to be void, otherwise to remain in full
force.
Signed, sealed and delivered )
in the presence of . j
Administration bond.
Know all men by these presents, that we, A. B., C. T>.,
and E. F., all of , in the county of , are held
and firmly bound unto , judge of probate for the
county of , in the sum of , to be paid to him
or his successors in office, for which payment we bind our-
selves, our and every of our heirs, executors and adminis-
trators, jointly and severally by these presents, sealed with
our seals, dated this day of ^ , 18 — ■.
The condition of this obligation is such, that if the above
bounden A. B., administrator of the goods and effects of
', deceased, do make a true inventory of the goods
and effects of the deceased which have or shall coine to the
possession or knowledge of the said A. B., and the same do
exhibit into the registry of the court of probate for the
county of , on or before the day of next
ensuing ; and the same goods and effects, and all other the
goods and effects of the deceased, at the time of his death
or which at any time after shall come to the possession or
knowledge of the said A. B., do administer according to
law, and further do make a true account of his adminis-
tration, on or before the day of , in the year of
our Lord one thousand eight hundred and ; and all
the residue of the said goods and effects which shall be
found remaining upon the said administrator's account, the
same being first examined and allowed by the judge of the
said court, shall deliver and pay unto such persons respec-
tively as the judge by his decree shall appoint ; and if the
said A. B., administrator, shall perform all orders and decrees
made by the court, touching the goods and effects of the
deceased ; and if it shall hereafter appear that any last will
was made by the deceased, and the same be proved and
allowed by the court, then if the above bounden A. B.,
being thereunto required, do deliver the said letters of
administration to the said judge, or his successor in office,
then this obligation to be void.
Signed, sealed, and delivered )
in the presence of ..)
• Bond on sale of real estate.
Know all men by these presents that we [as in adminis-
tration bond.']
Whereas, license has been granted by the above named
44(5 POWER OF MAGISTRATES IN CIVIL CASES. [PART IH,
Chap. 131. judge of probate to the above boiinden executor of the last
will and testament [or administrator of all and singular the
goods, chattels, credits and estate, as the case may be,] of
■ — , deceased, to sell [or lease or mortgage, as the case
may be,] the real estate of the said deceased for payment of
his debts and legacies. Now the condition of this obHga-
tion is such, that if the said A. B., executor [or adminis-
trator] as aforesaid, shall faithfully apply all monies arising
from the sale [Zea.se or mortgage] of any of the real estate
of the said deceased, or otherwise from the rents and profits
thereof, in payment of the debts or legacies of the deceased,
agreeably to law, and shall truly account for the same in his
administration account, before the court of probate for the
county of or other court of competent authority in
that behalf; and shall pay any surplus monies which may
be found remaining in his hands upon such accounting unto
such person as the court of probate for the said county
of or other court of competent authority in that
behalf shall by decree appoint, then this obligation to be
void.
Signed, sealed, and delivered )
in the presence of . j
O^J^. ^^if-^
CHAPTER 131.
OF THE JURISDICTION OF JUSTICES OP THE PEACE IN CIVIL
CASES.
Jurisdiction of 1. In actious for debt, where the whole dealing or cause
£3i°of°two'jus^ of action does not exceed'three pounds, one justice, and
tieea, £10. where the whole dealing or cause of action exceeds three
pounds and does not exceed ten pounds, two justices of the
county wherein the defendant resides or wherein the debt
was contracted, shall have jurisdiction ; and they shall have
power to sue executors or administrators.
Suit how con- ^- '^'^^ ^'^^^ ^^^ ^® conducted and the amount collected
ducted. upon the same rules in a summary form, and subject to a
like defence as if the suit were brought in the supreme
court.
Jury in oases 3. When the whole cause of action exceeds five pounds
couQt^ornote to ^'^^ ^OQ^ not excecd ten pounds, either party may obtain a
1)0 Hied. jury by applying to the justices therefor at least two days
before the return day of the process. No justice shall issue
any writ of summons or capias unless the party applying
therefor shall file a statement in writing containing the par-
ticulars of his cause of action, or the promissory note or
' other instrument on which he is suing, a copy of which
TITLE XXYIV.] POWER OP MAGISTRATES IN CIVIL CASES. 447
note, or other iiii?trument shall be furnished to the defen- Chap. 131.
dant by the justice, if required. Where final judgment shall ' ~"
have passed thereon, the statement, note, or other instru-
ment shall be retained by the justice, and in cases of appeal
shall be transmitted with the other papers in the cause.
4. A statement in writing of the particulars of the plain- Particulars to
tiff's claim, shewing both debts and credits, shall be annexed aummol" *"
to the original summons, and a copy thereof to be prepared
by the justice issuing the writ shall be annexed to the copy "'
of such summons, and served therewith; and in case of the Judgment for
defendant not appearing, the plaintiff shall be entitled to a plSiaee.'^'^'
'^judgment on default for the amount of his particulars.
5. All writs shall be directed to, and be served and J^"t'l\° ^^ ?'-
executed by, a constable of the county wherein the writ is seired by con-
made returnable. ''""i^'-
6. A copy of the summons or capias shall be delivered ^ <">py "( *"?■-
to the defendant at least five days before the return day iweredtodefen-
thereof, and the constable serving the same shall, if required, befori'tho're^*
explain such writ to the defendant. ;•• '"^'■"■
7. The constable shall make return of such writ,' with Return of writ,
his doings thereon, on or before the return day, and if coMtaUef '
required by the justice, shall make an affidavit of the man-
ner in which he has served the same.
8. When the defendant does not personally appear, the AindaTit of eer-
justice shall not proceed in the cause unless the constable wherr<iefend-
shall make an affidavit "that he has delivered a copy of p"^^*"'"'"''' »p-
such writ with a statement in writing of the plaintiff's par-
ticulars annexed, to the defendant," and if by the defendant
at the time of service required so to do, -" that he explained
the contents thereof to the defendant."
9. No person shall be arrested for a debt under twenty Noarrestbyea-
shillings nor for any debt less than five pounds, unless the under'twenty
affidavit contain an allegation that the plaintiff verily fi" "'"fb't less
believes that uijless such writ be granted the debt will be u'jXrl^s"eoiai
lost. affidavit.
10. No female or minor shall be arrested on a writ of ^^™J,^,,\''^'j,'^-
CapiaS issued by a justice. arrested on ca-
ll, Any person arrested on any such writ shall be pergons arrest,
admitted to bail by the officer in the same manner as in J^ 'o be admit-
■' . ted to bail.
other cases of arrest.
12. All causes shall be tried between the hours of ten Manses to be
o'clock in the forenoon and six o'clock in the afternoon of loa. m. ande
the day on which process is made returnable. P"™"
13. When, from the number of causes to be tried, a causes may b«
cause cannot be heard and determined within the time speci- "uslioestf n&-
fied in the preceding section, or when sufficient cause on "osaary-
affidavit is shewn, the justice may continue the cause till
some further time, not exceeding eight dfiys, of which con-
tinuance he shall notify the parties, plaintiff and defendant.
14. Where a jury has been demanded, the justice shall Jury how som-
issue a venire, directed to a constable not being of kin """^
4:48 POWER OP MAGISTRATES IN CIVIL CASES. [PART IHi
Chap. 131. to either party, or interested in the suit, commanding
him to summon a jury of three persons qualified to act as
petit jurors from the township or place wherein the action
is to be tried, to appear at the time and place therein to be
specified.
M>t attendfng. ^^- "^^7 juror SO Summoned, who shall neglect to appear
and shall not show to the justices some sufficient excuse
therefor, shall forfeit five shillings, to be levied by warrant
of disti-'ess upon his goods ; such warrant to be issued by
the justices, upon the oath of the officer that he had sum-
moned the juror at least twenty-four hours before the time
appointed for his appearance.
rurorg,how 16. The jury shall be sworn by one of the justices in
■re°iings''untii Open court, " Well and truly to try the cause according to
rerdiot. the evidence ;" and the evidence of the witnesses produced
shall be made and delivered in the hearing and presence of
the justices and jury ^o impanelled ; and having heard the
directions of the justices, the jury shall, if they require it,
retire to some convenient room, under the charge of some
constable, or in case no constable shall be in attendance,
'such other person as shall by such justices be appointed
for that purpose, who shall be sworn " to keep such jury
together without meat or drink, and not to suffer any one
to speak to them, nor to speak to them himself, without leave
of the justices ; " and when agreed, the jury shall return
their verdict, whereupon judgment shall be given accor-
dingly.
.'haUengesmay ^T- Either party may challenge for cause any of the
><= ^^^"1 ^™y jurors, and if the challenge be allowed, or any of the jurors
do not appear, the justices shall direct the constables forth-
with to summon any person duly qualified and not liable to
be challenged, to fill up the jury.
Proof to be on 18- lu all cases Under this chapter where the plaintiff's
fk)n'not'confei demand or cause of action is not confessed by the defen-
iod. dant in person, or in writing under his hand, the same shall
be established, whether the defendant appear or not, on the
oath of one witness.
'laintifTs proof 19. The plaintiff shall not be permitted to give evidence
Itatlmentflied! °^ ^"7 thing not Contained in the statement filed by him
previous to the issue of the writ,
defendant to 20. A defendant who intends to rely upon a set off shall
ifftw"dayVb^ file the Same with the justice, or serve it on the opposite
&je return of party, at least two days before the return day of the sum-
mons ; and he shall be precluded from giving in evidence
by way of set-off anything not contained in the statement.
The justice, if required, shall furnish the plaintiff with a
copy thereof,
f defendant 21. Whenever the defendant shall establish a set-off
Inder %w\^ equal to or exceeding the demand proved by the plaintiff, or
bovepiffilffs ^^y other sufficient defence thereto, the defendant shall have
iemiind as pro- judgment; if the set-off be less than the plaintiff's demand,
TITLE SXXiy.] POWER OP MAGI3TEATES IN CITIL CASES. 449
the plaintiff shall have judgment for the residue only with Chap. 131.
costs ; and if the set-otf exceeds the plaintiff's demand as ved there simii
proved, and the whole amount of siich set-off do not exceed '"= jV&™?"'
ten pounds, the- defendant shall in that case have judgment ^
for such excess.
22. When it shall appear that the defendant had tendered " defendant
■ T 1 7 1 (> 1 tender the
the amount due before suit brouglit, such deiendant may amount due be
before the trial pay the same into the hands of the justice, payinthcsame,
and shall thereupon be entitled to his costs, which shall be 'udgmeit' wfth
deducted by the justice out of the money so paid into his ^osfs. ■,
hands. '.-'r ' ,
23. The party succeeding shall in all cases be entitled pan/To'haTC
to his costs. ' " ""sta.
24. Where judgment has been awarded, the justice or Execution, how
justices before whom the suit was tried, and in case of the the justice who
death, resignation, or removal of such justice or justices, i8'dead,'ltaen\"
any other justice, and when such cause has been tried before ^'h^r^rae T/'
two justices, in case of the death, resignation or removal, of the iustices
one of them, the remaining justice shall issue execution "'' '
against the goods and chattels, and for want thereof against
"the body of such person, for the sum awarded with costs.
25. All executions shall be made returnable in thirty J}^*^™ °^ ''^^-
days.
26. No execution shall issue after the lapse of one year F-^?™''°"„"°''
from the time oi giving judgment, unless it shall be made pne year from
to appear by affidavit that a balance' is still due thereon, a,nd ^pfTn oe'rtarn
that due diligence has been used to levy the same, in which special cases,
case further executions may issue for the balance at any
time within four years after the rendering of the judgment.
27. The constable to whom the execution shall be deliv- Duty of consta-
ered shall proceed forthwitli to levy for the sum due, and ex"oJi'tionVn°^
shall take sufficient goods of the party against whom the JJert™""^ ''™'
execution is issued to satisfy the same, and shall cause an
advertisement describing the goods taken, and specifying
the time and place of the sale, to be posted up in two or
more public places in the township or place wherein such
sale is to be held, at least five days before the time appointed
for such sale.
28. At the time and place so appointed, if the amount dulted''°TetuTn
remain unpaid, the officer acting therein shall sell the goods of execution;
^ J 1.1 ,T-ii° iiupji -iij money to whom
at auction to the highest bidder, and shall lorthwitli return payable; sale
the execution with his doings thereon, to the justice who ^^fo'^^want™'
issued the same, and pay the debt and costs levied thereon ^Yaofl lo^be re-
to the plaintiff or his agent duly authorized, after deducting turned.
the fees of levy and sale, returning the surplus, if any, to
the person against whom the execution issued or his agent
duly authorized, or in his absence to the justice for the use
of such party ; and if the goods shall remain unsold for
want of buyers the constable may adjourn the sale for any
period not less than twenty-four hours nor more than six
days, and may in sucli case proceed to advertise anew, and
450 POWER OP MAGISTRATES IN CIVIL CASES. [PAET in.
Chap. 1.31. sell the same after the return day of the execution : imme-
diately after such sale he shall make return and payment as
above specified; and whatever goods remain unsold after
satisfying the execution and expenses, shall be restored.
constaiiies not 29. No Constable shall, directly or indirectly, purchase
to purohaae. ^^y. gQ^jg j^j ^ny sale made by him under this chapter, and
every such purchase shall be absolutely void.
Constable for 30. For Want of goods whereon to levy, the constable,
^omrallThe unless Otherwise directed, shall commit the person against
i^Yi^' .""'??« whom the same is directed to iail.
otherwise di- «-. t n t i n i • i • t_
rected. 31. In case 01 an appeal the appellant, or m tns absence
manner ofVo- ^"^ agent, before the appeal shall be allowed, shall make an
cceding there- affidavit in Writing that he is dissatisfied with the judgment
and feels aggrieved thereby, and that such appeal is not
prosecuted solely for the purpose of delay, and shall file
the same with the justice ; and the party so appealing, or in
his absence his agent, shall, within two days thereafter,
enter into a bond with two sureties in a penalty double the
amount of the judgment, with a condition that the appellant
shall enter and prosecute his appeal and perform the judg-
ment of the court, or shall, before'the first day of the term
tif such conrt, pay the amount of the judgment together
with all costs thereon subsequently accruing; and such
justice, or if the action be before two justices then the first
one applied to therein, if thereto required, shall prepare the
affidavit and appeal bond ; which appeal, if applied for at any
time within ten daj's after judgment in such cause, such
justice or justices shall be bound to grant, returnable to the
next term of the supreme court in the county in which the
trial was had ; and execution if not issued when the appeal
is applied for, and the appellant or his agent shall make or
be ready to make the affidavit, shall be stayed ; but in such
case, if the defendant have given bail, his bail shall continue
liable, notwithstanding his personal ' appearance, until they
shall render him, or he shall give an appeal bond within the
ten days herein prescribed. • .,'
jnstioetoro- 32. In case of appeal the justice, unless he shall receive T
fn th^'oa^u''se"o ^ "otjce in Writing signed by both parties or their agents to I
the prothono- the Contrary, shall return to the prothonotary of the /
co'^eii" of par^ Supreme court before the opening of the court on the first
ties jn writins. ^^y q£ ^jjg next term in the county, all papers in the cause,
with a transcript of the judgment, and the affidavit and
bond whereon the appeal was allowed.
Pine for tonata- 33. Any constable neglecting to serve or make return
Wa negieotong of a writ of summous or capias, besides being liable to an
of summons, actiou ou the case for any damage that may have been sus-
tained, shall forfeit twenty shillings.
Fine and pro- 34. Any Constable neglecting to retum an exeoutioii fof
confltebie no-"" t^e spacc of ten days after the return day thereof, unless
gicote to return with the consent of the party in whose favor it was issued,
Won. or to pay over within five days the monies received thereon,
TITLE SXXIV.] POWER OF MAGISTRATES IN CIVIL CASES. 451
or to pay the surplus, if any, on demand, shall forfeit twenty Chap. 131.
shillings, and may also be sued in an action for money had
and received; and the justices shall have jurisdiction though
the sum claimed exceed ten pounds.' .
35. The forms shall be as in the schedule.
SCHEDULE OF FORMS.
Summons.
County of ■■ — ss.
To anj' of the constables of the said county:
. You are hereby required to summon A. B. of to
appear before at on the day of
at o'clock, in the noon, to answer to 0. D. in the
sum of , and to make return thereof on or before the
said day.
Witness hand and seal the day of ,18 — .
E, P.. J. P. (seal.)
G. H., J. P. (seal.)
-; Capias.
County of ss.
To any of the constables of said county :
You are hereby required to take A. B. of , and him
safely keep, so that you may have him before at
on the day of at o'clock, in the noouj
to answer to C. D. in the sum of , whereof fail not,
and to have there then this writ, with your doings thereon.
Witness hand and seal at the day of
, li-.
E. F., J. P. (seal.,))
G. H., J. P. (seal.))
Note. — On the back of the capias, and copy thereof,, to ■
be -endorsed the sum sworn to in words at Length,, as fol-
lows :
By oath for the sum of — ■
p E.. P., J. P..
Execution..
County of ss.
To any of the' constables of the' said county :
Whereas judgment hath been, awarded against C. D. of
■ at the suit of A. B, for the sum of and
more for costs. These are therefore to command you to>
levy from off the good-s and chattels of the said C. D., sucb
sums making together by sale of such goods and
chattels, after duly advertising the same, and for want there-
of you are hereby required to take the body of the said 0.
D. and him commit to her majipsty's jail,, \pr where th&reisa
29
452 POWEB OF MAGISTRATES IN CIVIL CASES. [PART III,
Chap. 131. lock-up house or other place of confinement in any county
nearer the residence of the party to be arrested, insert the
name of it in place of the Jail,] in , the keeper where-
of is required to take, the said C. D. into his custody, and
him safely keep until he pay the sum above mentioned, with
your fees and jailer's fee, or that he be discharged by the said
A. B. or otherwise by due course of law. Whereof fail not,
and make due return of this writ with your doings thereon
to within days. Witness hand and seal
the day of , 18 — .
B. F., J. P. (seal.)
G. H., J. P. (seal.)
Subpcena.
County of , ss.
To J. K., L. M., N. 0. and P. Q.
[according to the numher.]
You and every of you are required to appear at — -, .
on the day of at the hour of o'clock, in the
noon, to give evidence on the part of the [plaintiff- or
defendant, as the case may he] in a suit now depending be-
tween A. B. plaintiff, and C. D. defendant, and then -and
there to be tried, which you are not to omit under penalty
of the law, in such cases made and provided. Dated the
day of , 18—.
E. P., J. P. (seal.)
Subpoenaticket for each witness.
{A. B., plaintiff,
and
CD., defendant.
J. K. is required to give evidence in this suit, on the part
of the [plaintiff or d^endant as the case may he] at ,
on the day of , at o'clock, iu the ^noon.
Dated the day of , 18 — .
E. P., J. P.
Venire.
County of ss.
To any of the constables of the said county :
You are hereby required to summon three persons duly
qualified to sit as jurors, who are not of kin to either of the
j)artie8, to come and be present at , on the day
•of , at o'clock, in the noon, to make a jury
.between , plaintiff, and , defendant. Dated the
day of -■ , 18 — .
E. P. J. P. (seal.)
Note. — All writs of summons, capias, subpoena, and venire
reqaire but one seal, and the same, as well as all executions
in .cases before two justices, are to be prepared by the jus-
TITLE XXSIV.] POWEE OP MAGISTRATES IN CIVIL CASES. 453
tice first applied to in the suit. In all cases the capias is Chap. 131.
to be endorsed by the justice first applied to, who is to pre-
pare the affidavit also. In all suits triable before two jus-
tices, the summons and capias must be signed by two justi-
ces, and the execution in such case to have two seals, and
to be signed by the two justices that issued the mesne pro-
cess and tried the cause. Writs of subpoena and venire and
the subpoena ticket are to be signed by one justice only ;
all aflSdavits are to be taken before and all oaths under this
chapter to bfe administered by one justice only ; and in all
suits before two justices all acts required to be done by
one justice only, are to be had and done by and before the
justice first applied to, who is to be the keeper of all papers
in the cause, and to make return of the proceedings therein
in cases of appeal.
Affldami to obtain a capias.
A. B. of , in the county of , maketh oath
and saith, that C. D. is justly indebted to the deponent in
the sum of after giving full credit, to the best of
deponent's knowledge or belief, for all payments or offsets,
and'.that the cause of action does not exceed ten pounds.
A. B.
Sworn at , the )
day of , before me. J
E. F., J. P. ^
Note. — The sum sworn to must in all cases be twenty
shillings at least, and if under five pounds then after the
words " ten pounds" above add, " and that there is danger
of losing the debt unless a capias is allowed the deponent."
EETURNS TO THE FOLLOWING WRITS.
To a summons.
The within process was duly served on the said C. D.
on the day of by me.
0. P., conS^talble.
If required, the following affidavit to be made by the
officer serving the process:
0. P., of in the county of , maketh oath
and saith, that he did on the day of personally
serve the defendant in the annexed process named, with a
true copy thereof, and at the same time acquainted
with the contents thereof.
Sworn before me at
the — day of -
E. P., J,
,18-.'}
0. P.
454 POWER OF MAGISTRATES IN CITIL CASES. [PART III,
Chap. 131. ' To a capias.
The within named defendant was arrested and served with
a copy of the within process on the day of ^
and was admitted to bail by me.
0. P., constable.
To a venire.
I have summoned the within jurors as jurors for the trial
of the within cause, namely : G. H., J. K., L. M. and N. 0.
O. P., constable.
To an execution.
I have levied the debt and costs as within directed.
O. P., constable.
For want of goods and chattels whereon to levy, I have
taken the body of the within named C. D. €|,nd committed
him to jail as witliin directed,
0. P., constable.
I have levied the sum of , part of the debt and
costs within mentioned, the remainder not satisfied.
O. P., constable.
I could not find any goods and chattels, or the body of
the said C. D.
0. P., constable.
OATHS TO BE TAKEN BY WITNESSES, JURORS AND CON-
STABLES, ON TRIALS.
Witnesses.
The evidence you shall give to the court \or to the court
and Jury] sworn touching the matter in question, shall be
the truth, the whole truth, and nothing but the truth. So*
help you God.
Jurors.
You shall well and truly try this cause between A. B.,
plaintiff, and C. T>., defendant, and a true verdict give accord-
ing to the evidence. So help you God.
Constable or other person appointed to attend jury.
You shall keep every one of the jury sAvorn, and now
about to make up their verdict, in some convenient place
without either meat or drink ; you shall not suffer any per-
son to speak to them, nor shall you speak to them yourself,
except it be to ask if they are agreed on their verdict,
without the leave of the court. So help you God.
tlTLE XXXIT.] POWER OP MAGISTRATES IN CIVIL CASES. 455
Bail bond on capias. Chap. 131.
Know all men by these presents that we [names, place of
residence, and pr^essidn or caRincj of the defendard and his
bail,\ are held and firmly bound unto [piame of the plaintiff
in the stilt, adding his place (f residence, and profession or
_ calling] in the sum of [twice the amomii sivorn to and endor-
sed on the capias] to be paid to the said [name of the plain-
tiff,] his certain attorney, executors, administrators or
assigns, for which payment, we bind ourselves, and every
of us by himself^ our and every of our heirs, executors and
administrators, firmly by these presents, sealed with oiir
seals, and dated the day of — ■ , 18 — .
,' The condition of the foregoing obligation is such, that if
the above bounden [the defendatit] shall appear before [name
the Justice or justices issuing the capias] on the day of
, [insert the day appoirdcd for the trial] to answer to
the suit of the above named [name tlie plaintiff ] in the sum
of {here insert tlie sum sworn to,] then the above obligation
to be void.
Signed, sealed and delivered, ) (seal.)
in the presence of . f (seal.)
(seal.)
y . ./^damMtr-he'made hy the patty appec^ing.
In the court before [name the justice or justices before
whom the trial was had,] justices of the peace.
) A. B., plaintiff,
Between v and
) C. D., defendant.
A. B., [the party maldng the appeal] of , in the
county of ^, the above named [plaintiff or defendant^
as the case may be, or if the party for whom the appeal Is
made be -absent, say " agerd for the above named plaintiff ". or
defendant, as the case may be,] maketh oath and saith that he
is really dissatisfied with, and feels aggrieved by, the judg-
- raent given in this cause, and that he does not appeal there-
from solely for the purpose of delay, but that justice may
be done therein.
Sworn at , the ) To be signed by the party
day of , V appealing, or, in his ab-
18 — . ) seace, the ageat
Before me, , J. P.
Bond to be given on appeal being made.
Know all men by these presents, that we, A. B., C. D.,
and E. F., [nam^es of the appellant if lie be present, or, if
absent, of the agerd, and the sureties, with their places of
residence] are held and' firmly bound to G. H. [the party
against whom the appeal is allowed] in the sum of [double the
456 BAKBISTEES AND ATTOEHIES. [PABT III.
Chap. Ii2. amount of the judgment, debt and costs,] to be paid to the
— — gg^jcj Q._ jj_^ jjjg certain attoi-ney, executors, administrators
or assigns, for which payment we bind ourselves, and every
of us by himself, our and every of oar heirs, executors and
administrators, firmly by these presents, sealed with our
seals, and dated the day of , 18 — ,
Whereas a certain cause between the above bounden
A. B. {if the party a.ppellant be the principal in the bond, or
if lie be absent then say between — name the appellant] and the
above named G. H. in which the said [name the appellant]
vf as plaintiff or defendant, as the case may be] tried before
[name the justice or justices before whom the trial was made]
justice of the peace for the county of on the
day of , and judgment was given in favor of the said
G. H. for the sum of— ■, debt and costs, and an appeal
therein hath been demanded on behalf of the said [name the
party appealing]. Now the condition of the above obliga-
tion is such that if the said [name the appellant] at the next
sitting or term of the supreme court for the county of
[name the county in which the cause was tried] shall duly
enter and prosecute his said appeal, and shall proceed
therein to final judgment, and shall abide by and fulfil the
judgment of the said court to be given in such appeal, or
shall previous to the first day of the sitting of sixch court
pay the full amount of judgment in such cause, together
with all costs subsequently accruing thereon, then the above
obligation to be void.
Signed, sealed and delivered, in the presence of
A. B. (seal.)
C. D. (seal.)
E. F. (seal.)
CHAPTER 132.
OP BAEEISTEBS AND ATTORNIES.
Attornies and 1. No person shall practise as an attorney or barrister
admitted! '" ""^ unless he shall have been duly admitted.
Month's notice 2. Every porsoH intending to apply for admission as a
|ntentFo°n to^ap- barrister or attorney shall cause notice thereof to be posted
ply (or admis- up in the prothonotary's office at Halifax at least one month
before the commencement of the term, and his admission
shall be moved for in open court within the first four days
thereof.
Term of service 3. No person shall be admitted an attorney unless he
preparatory to shall have actually served Under articles of clerkship, whether
attorney" "'^^ such articles shall be the original articles for the whole
TITLE XXXIV.] BARRISTERS AND ATTORNIES. 457
term, or any transference thereof, or new articles for the Chap. 132.
residue of snch term, for a period of five years, or if a '
regular graduate of any college in her majesty's dominions
for the period of four years, with some practising barrister,
or shall have kept, terms for a portion of the time prescribed
at one of the inns of court in Great Britain or Ireland,
reckoning four terms for one year.
4. The term of service shall commence from the time of Time from
filing a duplicate of the articles of clerkship in the prothono- shaii hellei.
tar3''s office in Halifax. ""^-i-
5. Any student of the age of twenty-one years who shall Qualifications
file satisfactory certificates of his having complied with the admission,
requisites of the third section of this chapter, and of his
good moral character from the barrister with whom he last
served, and shall also undergo a satisfactory examination as
to his qualification before a judge and two barristers to be
named by the court, shall be entitled to be admitted an
attorney on taking the following oath :
" I, A. B., do swear that I will truly and honestly demean Attorney^
myself in the practice of an attorney, solicitor, or proctor, °°'"^'
in all and every of the courts of this province in which
I shall be employed as such, according to the best of my
knowledge and ability."
6. A barrister of any court in Great Britain or Ireland ^*'''"i^3''!°'^
shaU be entitled to be admitted to practise as a barrister or Ireland enti-
and attorney on filing a satisfactory certificate of his being gJo^ 'n flUng ^
a barrister at the time of application and of his good moral p^jP'"^ ''^'^*"'
character.
7. A barrister or attorney of any court in her majesty's Colonial barris-
colonies, and an attorney of any court in Great Britain or nies,and attor-
Ireland, on filing a satisfactory certificate of his being a Brftain and Ire-
barrister or attorney at the time of application and of his ^dmission^on fi-
good moral character, and also of his having served as an ijng proper cer-
articled clerk for a term equal to that hereinbefore pre-
scribed for articled clerks in this province, and who shall
undergo a satisfactory examination as hereinbefore provided
for, shall be entitled to be admitted an attorney' on taking
the foregoing oath.
8. An attorney of the supreme court of one year's stand- ^^^^jJl^ittg^
ing shall be entitled to be admitted a barrister, if no suffi-
cient objection be made ; but any student having regularly
graduated shall be entitled to be admitted aS a barrister
immediately on being admitted an attorney. Attorney not to
9. No Attorney shall permit any person not an attorney, aiiow any other
.1 .1 7 • ,.11 f 1 , 11 • ■ 1 ■ ja2 -^ person than his
other than his articled clerk actually serving in his oince, articled oierk
to sue out any writ of process, or to prosecute or defend torney toraeM
any action in his name. ?n his'^namir
• 10. Barristers of the supreme court shall be counsel, Barristers, their
advocates, proctors and solicitors of the court df chancery, PJeoelfnoe T""^
court of vice admiralty, court of error, court of marriage power of courts
and divorce, and all courts within this province, and as such practitioners.
458 MUNICIPALITIES. [PART III.'
•Chap. 133. shall be entitled to prosecute and defend all causes therein,
and shall have such seniority and pre-audience therein as
they are entitled to in the supreme cou-rt; but nothing
herein contained shall interfere with or affect the whole-
some control which the queen's courts are authorized to
exert over the several practitioners therein, or to prevent
such courts from suspending, silencing, dismissing or strik-
ing off the roll any barrister, advocate,. attorney, solicitor or
proctor for mal-practice or misconduct.
Praotising bar- H. No barrister not actuahy practising his profession,
takroierksf ° except Only the prothonotary at Halifax, being a barrister,
shall take or retain any clerk.
Lave more than ^^- ^° barrister shall have at any one time more than
two articled two articled clerks.
PeTsms who'' 1^. Any of her majesty's subjects who shall have voted
iiave voted at at any election, or "paid poor and county rates, may plead
elections, or , -^ . ' ,^ j. , ^ ■ j. i j. x- ■ j ■ i
paid ratos,enti- and reason in any of her majesty's courts ot judicature
yaegeVrf bliJI within this province, enjoying all rights and privileges
risters proctors therein in as full and ample a manner as these are now
and advocates. . _ _ . . ^ i i j.
enjoyed by barristers, proctors and advocates.
TITLE XXXY
CHAPTER 133.
OF MUNICIPALITIES.
Desire to be in- 1. Any county may have the benefit of municipal govern-
bo^w testified, ment, and the desire of a county to be incorporated here-
*"• under shall be ascertained and testified in manner follow-
ing:
If one hundred persons, certified by two justices of the
peace to be freeholders, shall present a requisition to the
sheriff to that effect, he shall name a day and place for hold-
ing simultaneously a meeting in each electoral district in
the county, and shall appoint a presiding officer and clerk
of each district ; of which meeting notice ten days pre-
viously shall be given in three of the most public places of
each district, by printed handbills with a copy of the petition
affixed, setting forth the object.
Meeting, votes. The sheriff and presiding officers shall, at the time and
place appointed in each electoral district, convene the
meeting and. receive the votes for or against the county
incorporation, to be given by the persons present qualified
to vote for members of assemblj-, resident within the dig-
TITLE SXXV.] MUNICIPALITIES. 459
trict, which voters and their votes, the clerk shall take down Chap. 133.
in writing.
The meetings shall be held from nine o'clock in the morn- Meetings, when
ing till three o'clock in the afternoon, when the meetings °p™^*1-
shall be closed, and the presiding officer shall seal up the
list of voters, and their votes, and return the same to the
sheriff.
The return shall be publicly opened and counted by the Return,
sheriff in the presence of the clerk of the peace, on a day
and at a place to be previously appointed, and a majority of
the whole votes shall decide the question.
The sheriff shall return the result to the governor inRotum, how
council; if in favor of incorporation, the governor by pro- '^'"'^'^"p™-
clamation shall declare the county to be incorporated under
this chapter, unless just ground to impugn the legality and
fairness of the proceedings shall be shewn to the satisfac-
tion of the governor in council, in wiiich case the procla-
mation may be withheld until examination into the legality
' of proceedings can be had, and the governor in council shall
.ultimately decide accordingly as the regularity and fairness . ,
of the proceedings or the reverse shall be established.
The sheriff shall receive forty shillings, the presiding Fees.
officers ten shillings each, and the clerks five shillings each,
in full for their services, to be paid by the county or dis-
trict.
The proceedings may be renewed at any period not less Proeeedinfrs,
than twelve months from any rejection of incorporation.
2. The inhabitants of every county incorporated under Connty incor-
this chapter shall be a body corporate, under the name of p"™'""^'*"-
the municipality of , and shall have perpetual
; succession and a common seal, with power to break, renew,
or alter such seal at pleasure, and shall be capable of suing
and being sued, of pleading and being impleaded in all
courts and places whatsoever, of purchasing, acquiring, and ^i(,&l^,V
holding lands and tenements, and other real and personal '"''- ■'
' property within such municipality, for the use of the
inhabitants thereof in their corporate capacity, and of mak-
ing and entering into such contracts as may be necessary
for the exercise of their corporate functions ; and the
powers of the corporation shall be exercised by and through
and in the name of the municipal council of such count}'.
3. The coxincil shall consist of a warden and council- Council, what
1 ,1 1 , /. Til 'n to consist of.
lors ; the warden to serve for one year, and the councillors
after the first election for two years, and until their succes-
sors shall be sworn into office.
4. The first election of councillors shall be held on the ximoof eieo-
third Tuesday of November, and shall be conducted by the '"'°^'
sheriff and persons named by .him; all succeeding general
elections shall be held on the third Tuesday of November
in each year, and shall be conducted by presiding officers
named by the councils.
460 MUNICIPALITIES. [PAET III.
Chap. 133. The elections shall take place in and for each of the elec-
Biatricts, &o , toral districts laid off for the election of members to serve
oiiiors' return"" ^^ general assembly, and each district shall return two conn-
ed. ciUors, except when otherwise provided in the schedule A.
hereto annexed, and the election shall take place in and for
the several districts comprised in that schedule as therein
directed, in the same manner as if the said schedule were
incorporated in this chapter.
What districts For the purposes of this chapter the districts of Saint
as separata^'^ Mary's in the county of Gu3'sborough, and Barrington in
counties. ^j^g county of Shelburne, the township of Clare in the -
county of Digby. and the township of Argyle in the county
of Yarmouth, shall be treated as separate counties and
incorporated accordingly. And the court houses at Barring-
ton, Sherbrooke, Tusket, and Clare, shall be used as county
court houses in those districts respectively for the purposes
of this chapter.
Notices of oiec- 5. It shall be the duty of the sheriff in the case of the
omoers'!'^^" '"^ first election, and of the presiding officers in future elec-
tions, to give at least ten days public notice, in writing, of
the times and places of holding the election, and post the
same in three of the most public places in each district; and
the sheriff and persons appointed by him shall preside at
such first election, and persons appointed by the council
shall preside at future elections.
Notices, how It shall be the duty of the municipality clerk to supply
supp 10 . ^Y^Q presiding ofiicers with the notices after the first elec-
tion.
Division of 6. Soon after the first election the councillors shall be
divided by the council into two sections, to be distinguished
by lot number one and two, the numbers of Mfhich begin-
ning with section number one shall go out of office in each
alternate year. In forming these sections the councillors
for districts returning two or more shall be apportioned
between the sections.
Time of election 7. On the third Tuesday in November, in the year next
composfngeaoh following that in which the first election shall be had, and
section. on the same day in each succeeding year, an election shall
be held of the councillors in one section, beginning with
number one, and proceeding in all future annual elections
in regular alternation ; the members returned at each elec-
tion shall be entered on the list of the section previously
occupied by the members then vacating oflSce; councillors
going out of ofiice may be re-elected.
Election, how 8. Every election shall commence at nine o'clock in the
conducted. morning. No candidate shall be proposed after twelve
o'clock ; at any time after that hour the poll may be closed
by proclamation if no vote be polled within the hour, and
the poll shall not be continued later than five o'clock in the
afternoon. At the close of the poll the presiding officer
shall proceed, publicly, to declare the number of votes given
TITLE XXXV.] MUNICIPALITIES. 461
for each candidate, and shall proclaim the person having Chap. 133
the majority of votes to be duly elected, and summon his '
attendance oh the second Tuesday of December following,
at the county court house.
If there shall be an equal number of votes the presiding casting rote.
officer shall give a casting vote,and so determine the election.
The presiding officer and his clerk shall then and there PoH list to be
pubMcly subscribe the poll list and seal up the same, and ^^"retura/ ^*^"
the presiding officer, within two days after the close of the
election, under the penalty of twenty shillings for each
day's delay thereafter, shall make return in writing of the
couneillors elected, together with the poll list, the seals
having been unbroken, at the first election to the sheriff,
and at subsequent elections to the municipality clerk ; and
such poll list, after having been published as hereafter pro-
vided, shall be open to the inspection of every member of
the incorporation.
9. The proclamation and summons of the presiding offi- Notice to coun-
cer shall be notice to every councillor elect, present in per- °'
son or by an authorised agent or clerk; councillors elect,
not so present, shall be, immediately after the election, noti-
fied and summoned by the presiding officer.
10. Before the presiding officer shall allow any votes to Presiding ofs-
be polled, he, and the clerk h„e may employ, shall take the to'be sworn/'
oath in the schedule annexed before a jiistice of the peace
or two electors, and they shall certify such oath in the poll
book for the election.
11. No person shall vote except in the district in which Jt"^* vote in
T . T *■ ^ nis own dis-
he resides. triot.
12. Municipal electors shall have the same qualification. Elector, quaiifi-
and be hable to the same objections, questions, and oaths,
as electors for members of assembly shall at the time by law
be required to have, and be subject to ; and the objections
shall be taken and qiiestions and oaths put and administered
as the law regulating elections of members of assembly shall
require.
13. No person shall be qualified to be elected or serve councillor,
as councillor who shall not at the time of the election be ^J'jf"fi'=''«»°
possessed of the same qualifications as is required in the
case of members of the house of assembly.
14. None of the following persons shall be elected a {1®"°''^ disaua-
councillor, or be appointed to office by any council ; nor
shall any person continue to act as councillor or hold any
office under a municipal council after becoming one of the
persons disqualified as follows :
I. Persons in holy orders, or ministers, or teachers of
any religious sect or denomination ; but this restriction
shall not extend to school commissioners.
II. The sheriff.
III. Any person having a contract, or share or interest
in a contract with the municipality.
462
MUNICIPALITIES.
[part IIL
Chap. 133.
Persons ex-
Warden, quali-
Return of votes
Xur warden.
How elected.
In case no mv-
jurity. a warden
not qualified.
Jluration of
■olljce.
When vaeancy
<jocurs.
Prcsidingoflieer
.at elections,
jiowu' of.
IV. Anj' person receiving a pecuniary allowance from
the municipality for his services in any ofScp other than
warden or councillor.
15. The following persons shall be exempt from being
elected councillor or serving in any municipal ofJSce unless
with their own consent.
I. Justices of superior courts and of probate.
II. Members of the executive or legislative councils,
members" of the legislative assembly, schoolmasters actually
engaged in teaching, any miller who shall bo the only one
emploj-ed in a mill ; persons more than sixtyyears of age.
III. Persons who have served as councillors or hi any
municipality office, or paid the penalty, for refusing, shall be
exempt during the four years next after such service or
refusal.
16. At each annual election, including the first, the
electors may vote for a warden from among the body of
inhabitants resident within the municipality, and qualified
^s is required for a councillor. And the sheriff, at the
first elections, and at subsequent elections the presiding
officers, shall return under seal, the votes given for warden
in each district, when they make return of the councillors
elected.
17. On the first meeting of the council following each
annual election, the council shall ascertain the votes given
for warden in all the districts, and any one person having a
majority of the whole number of votes given for warden
shall be warden for that year, and he shall take the oaths
of office ; and also if he shall not be a councillor already
sworn in, the oath of qualification, and shall have all the
authority of a councillor while warden, and be liable to a
like fine for non-acceptance of office, or not quahfying.
18. In case no person shall have a majority of the whole
votes given for warden, or being so elected shall not qualify
and serve, the council shall choose by a majority of votes
from among themselves or from among the inhabitants, at
their discretion, a warden duly qualified.
19. The warden shall hold office for one year, and there-
after until his successor be appointed, but he may be
re-elected. Whenever a vacancy occurs during the term of
office, by death, resignation, or otherwise, the council shall,
at its first meeting thereafter, proceed to elect a warden for
the remainder of the term ; during the temporary absence
of the warden, his place may be filled by a chairman for the
time being, with all the authority of the warden chosen by
the members present.
20. The presiding officer, at an election of councillors,
during the time of such election, siiall be a conservator of
the peace, and shall be invested with the same powers for
the preservation of the peace, the apprehension, committal,
holding to bail for trial, or trying or convicting offenders,
TITLE XXXT.] MUNICIPALITIKS. ^ 46S
as are vestQd in justices of the peace in this province ; and, Chap. 133.
for the purpose of preserving peace and good order, all
justices of the peace residing in the district shall attend at
the election, upon being notified in writing by the presi-
ding officer ; and such officer may command the assistance
of all justices, constables, and other persons present at the
election, and may swear in as many special constables as he
thinks fit ; he may commit any person for a breach of the
peace, or for molesting or threatening any elector, at or
coming to, or returning from, the election, or for any viola-
tion of good order, to the custody of any constable or per-
son present, on view, for such time as he deems expedient;
or may, by writing under his hand, commit the ofender to
the common jail of the county, for any periodj||^pt exceed-
ing ten days ; and any justice of the peace or ^JBtr person
present at the election, who shall neglect tcJnKor assist
the presiding officer during such election, wlijH^equested
by him, shall be deemed guilty of a misdem^a^r, and be
punished accordingly.
21. No person who may be elected a councillor shall act Councillors ^
in that capacity until he shall have taken and subscribed, of aiiegiauee. '
before a justice of the peace for the county, or the sheriff",
in the case of the first election, and in case of subsequent
elections, before the warden or municipality clerk, the oath
of allegiance to her majesty, and also the oath of office and
qualification ; such oath shall be taken and subscribed by
each councillor, duly qualified, at the first meeting of the
' council after his election, or otherwise within ten days after
notice of his election ; and, in default thereof, such person
shall be deemed to have refused to accept the office of
councillor, and shall be liable to pay the municipality clerk
such fine, not exceeding ten pounds nor less than five
pounds, as the bye-laws of the council shall prescribe ; pro- Exomption
vided that no person elected a councillor shall be subject to '■™™P™»"y'
a penalty for not taking the required oaths if he be not quali-
fied, which fact he shall be required to verify on his own oath,
before a justice of the peace, on first election, and before the
warden or municipality clerk, on subsequent elections.
22. In case of the death or resignation of any councilr Election of
lor, or his permanent absence from the municipality, or caso'of vacancy.
absence for more than six months, or incapacity after elec-
tion, or refusal to accept office, or neglect to be sworn, the
warden of the county shall issue a warrant, under his hand
and seal, to the presiding officer, requiring him to call a
public meeting in the district to elect some other person to
fill the vacancy, and such election shall be conducted in the
manner prescribed in this chapter' for holding elections; but
no warrant shall issue for an election to supply a vacancy
within three months of the annual election.
23. On the second Tuesday of December, after the first organization of
election, the sheriff and the councillors elect shall meet at '"'""'^^-
464
MUNICIPALITIES.
[PART III.
Chap. 133
Time of meet-
ing after firtit
year.
Quorum.
Members may
be eompelled
to attend.
QuostiODB) how
decided.
Number of
meetings in
each year.
Bxtra meet-
inj^e, notice of.
Clerk and trea-
surer, appoint*
ment ot
Duty of clerk.
Duty of tre»»
rurer.
the county court house, and the sheriff having produced
the returns of the presiding officers, and the seals being
then and there broken, and the returns examined, and the
councillors elect having been sworn into office, the council
shall be organised and proceed to business.
24. On the second Tuesday of December, after the annual
elections in all subsequent years, the municipal council and
the councillors elect shall meet at the county court house,
and the municipality clerk having produced the returns of
the presiding officers, and the seals being then and there
broken and the returns examined, the councillors elect shall
be sworn into office.
25. A majority of the council shall be a quorum for the
transaction of business ; a smaller number may adjourn from
time to time, and absent members may be compelled to
attend under such penalties as may be provided by bye-
law of the council. All questions arising in the council
shall be decided by a majority of votes ; and the warden
or temporary chairman shall have a right to vote.
26. There shall be two established meetings of the coun-
cil in each year ; the first herein designated the annual
meeting, shall be held at the county court house on the
second Tuesday of December ; the second herein designa-
ted the half yearly meeting, shall be held at such place as
the council may appoint, on the last Tuesday of April.
27. Besides these regular meetings, the council may
meet as often as expedient for the despatch of business, at
such time and place as they may appoint; public notice shall
be given of the time and place of each meeting of the coun-
cil, and all meetings shall be open and public ; the council
shall have power to adjourn and to appoint committees to
act during the session and recess ; if any council fails to
meet at any time appointed by law, they shall not thereby
be deemed to be dissolved, but may hold future meetings
as if there had been no failure.
28. Each council shall appoint a clerk and a treasurer,
who shall respectively perform the duties now exercised by
the clerk of the peace and county treasurer, as far as the
same come within the scope of the corporation and of this
chapter, and the council shall prescribe the duties of such
officers, and the security to be given for the faithful per-
formance thereof.
29. The general duty of the clerk shall be to record in
a book all the proceedings of the corporation, make regular
entries of all resolutions and decisions, and if required by
any member present, to enter the votes as given, and to
preserve and file all accounts, and to keep the hooks, re-
cords, and accounts of the corporation ; which shall be
open, without fee or reward, to the inspection of all persons
at all seasonable times and hours.
30. The treasurer shall be appointed annually. It shall
TITLE SSXV.] MUNICIPALITIES. 465
be the duty of the treasurer to receive and safely keep all Chap. 133.
monies belonging to the municipality, or which he shall be ~"
appointed to receive, and keep and pay out the same to
such persons and in such manner as he shall be directed to
do by any lawful order of the municipal corporation, or by
any law of the province, and strictly to conform to and
obey any such law or any bye-law lawfully made by any
such municipal corporation, and faithfully to perform all
such diities as may be assigned to him by any such law or
bye-law ; and every treasurer shall annually give such secu-
rity for the faithful performance of the duties of his office,
and more especially for the due accounting for, and paying
over, all monies which shall come into his hands by virtue
of his office, as the municipal corporation by which he was
appointed shall direct.
31. The council shall make such bye-laws or resolutions C"^""" *"
as to the duration of the office of the clerk, as to them shall &o., as to dura-
see nt. office.
32. , The_, council shall make such bye-laws or resolutions sameastonum.
as to the number of offices to be held by one person, as to £ "^ officers,
the holding of offices by partners of municipality officers,
and as to officers having an interest in any work undertaken
for the municipality, as to them shall seem fit.
33. A warden or councillor may resign his ofBce at any Resignation,
time by a declaration to that effect under his hand, and on ^"^
payment of a fine of ten pounds.
The warden or councillor elected to fill an occasional Duration office
vacancy, shall hold office for the residue of the term of the elected t*o°'fiii°"
person whom he succeeds, but no longer ; but he shall be ^"•<"'°<=y-
capable of re-election if qualified.
34. The council shall have power to make, and from Formation of
time to time alter, such rules and regulations as may be tye-iaws.
requisite for the conduct and good order of their proceed-
ings, and such bye-laws touching any matters within its
authority as it may judge proper,
35. The council, at its first meeting in each year, or as Auditors, ap-
soon after as practicable, shall appoint two persons to be qualiSio^'
coAity auditors. No person shall be appointed auditor «»•
who is a member of the municipality council or one of the
officers, or who was a councillor or officer at any time with-
in a year previously, or who shall, directly or indirectly, by
himself or partner, have any share or interest in any con-
tract with the municipality council, or any employment
under them. No municipality auditor shall act as such
unless he shall have the qualification required for a council-
lor, and shall have previously made and subscribed the oath
of office and qualification,
36. It shall be the duty of the municipality auditors to Anditon, duty
examine and audit the accounts of the treasurer, and all ''^'
other accounts of the council or corporation, or in which
the municipality is concerned ; and it shall be the duty of
466 MtJNICIPALITIES. [PART III,
Chap. 133. the council to refer to them all such accounts, and their
duty faithfully to report thereon without needless delay.
Authority of 37. The municipality auditors shall have authority to
auditors. ^g^jj ^■^^, ^jj j^Q^j^g gj^^ vouclisrs they may deem necessary for
elucidating any account laid before them. No account
shall be allowed or passed by the council until the same
is audited and reported upon iby the municipality auditors ;
and all audited accounts shall be open at all reasonable times
to the inspection of any elector of the municipality. ■
Salaries of war- 38. The Warden and councillors shall be paid, that is to
duors!'' ''°"''" say : the warden by a salary to be established by the coun-
cil, and the councillors according to their actual attendance,
at such rate as the council by bye-law shall determine, not
to exceed five shillings per day, and travel at the rate of
three pence going and returning per mile.
Attendance. 39. The clcrk shall keep an exact account of the attend-
ance of councillors at every meeting.
Fines for noa- 40. The Warden and councillors shall respectively be
a en ance. jj^ble to such fines for non-attendance or other neglects, as
the council by bye-law may appoint, of which the clerk shail
keep a correct account ; nor shall any of them be authorised
to receive any payment for salary or fees until such fines as
may stand against them be deducted.
Vote for the 41. On the first meeting of the council, after each annual
poor, oToreeers, election, or as soon after as may be convenient, the council
shall vote for each poor district the sum it shall judge neces-
sary for the support of the poor in that district, and the
purposes enumerated in the eighty-ninth chapter, and shall
appoint overseers of the poor for the existing poor dis-
tricts, until such existing poor districts shall be altered by
the council, which districts it has power from time to time
to alter, if it shall see fit to do so.
Council to exer- 42. The overseers of the poor shall account to the
ti'ons'of the "" couucil instead of the sessions ; and the council shall exer-
fS^ind^M"'" '^^^^ *^'® functions given by such eighty-ninth chapter to the
given ijy chap- grand iurv, town meetings and general and special sessions,
and to the sessions by the ninetieth chapter, and shall hear
and determine appeals, and in all particulars shall carry dit
the objects of those chapters as nearly in conformity with
the mode thereby directed as shall be consistent with this
chapter and the incorporatioa thereunder.
Committees, 43. Ill thg exercise of the functions, and the carrying
formation of. ^^^ q£ ^j^q objects stated in the preceding section, and also
in any other matters exclusively relating to townships or
special districts, and which have heretofore been managed
by township or district officers, and under township and
district authority, the municipality may appoint, for carry-
ing into effect and managing the same, committees of their
own body, comprising councillors returned from such town-
ships or districts, which committees may meet from time to
time, and shall specially attend to and regulate the afiairs
TITLE XXXV.] MUNICIPALITIES. 46'7
of those townships or districts under the supervision, direc- Chap. 133.
tion and control of the council, and subject to its orders ' —
and revision, and liable to be superseded at its pleasure.
44. The municipalities may vote, assess, collect, receive, Power of muni-
appropriate, and pay, whatever momies are required for pur- oipii'ties.
poses named in the forty-sixth chapter, and shall have all
the powers and authority which, when this chapter shall go
into operation, may be possessed by the grand jury and
sessions under that chapter, and shall carry out the objects
of that chapter as nearly in conformity with the mode it
directs as shall be consistent with this chapter and the ^
incorporation thereunder. o<J^- ^y/^ /^ t^^:'^ •r^^'"''^-^'^
45. The municipalities, for raising the monies required Appointmentof
under such eighty-ninth and forty-sixth chapters, and which
may be required for any other township, district, or county
purposes, shall at the annual meeting in December, appoint
a suitable number of assessors and collectors, and prescribe
their duties and allot their limits within which to act.
Casual vacancies shall be filled by the council, if such vacan- casual vacan-
cies occur within a month before either regular meeting of "ies, how mied.
the council, otherwise by the councillors for the electoral
district or districts within which the assessors or collectors
were limited to act.
46. The treasurer, overseers of the poor, assessors,, cot Duration of of-
lectors, and other officers whose 'term of office- is sot. by assessors^&e'."'
this chapter, or shall not be by bye-law of the corporation,
otherwise determined,, shall hold office from the time of
their appointment, or from the time by the council fixed for
its commencement, until the first annual meeting in Decem-
ber next, after or until their successors be appointed.
47. The municipal fifuancial year shall end on the thir- Financial year
tieth day of November, and all accoimts of the several '''^^i ^"•i^'*-
officers, and of the municipality, shall be audited, examined,
determined upon, and passed, as far as possible, at the first
annual meeting in December.
48. At the half yearly meeting in April, the road monies Koad monies,
granted by the legislature shall be apportioned to the dis'^bution of.
extent and upon the principles which the legislature may
from time to time direct and approve ; commissioners for Appointmentof
its expenditure shall be appointed, and any other appoint- ooi^aiissioners.
ments and business attended to.
49. At the same meeting the council shall transmit to Appropriation
the financial secretary a full and exact list of the appropri- to financial se-
ation of the road monies granted by the- legislature, with "'^''''^y-
the commissioners names.
50. The commissioners shall lay ouit the money and commissioners,
make- account of the expenditure,, as the law now does, or "^ '^^ •
hereafter may require- ; but their accounts instead of being
attested; before a justice of the peace, shall be audited and
sworn to- before a councillor resident in the district where
the work may be performed, or if none shall be residtot
30
468 MUNICIPALITIES. [PAET in.
Chap. 133. therein, a councillor resident in an adjacent district; and
such councillor shall certify the account as approved under
his hand. The commissioners shall draw for the money,
and their accounts be audited and paid at the financial
secretary and receiver general's office, as is now done.
Acoountofeom- 51. The Commissioners shall immediately return a dupli-
missioners. ^^^^ ^^ ^j^^jj. account to the municipality clerk, and the
council shall, at the annual meeting in December, examine
these accounts, and return a full abstract to the financial
secretary.
Aeeoimt,ftir- 52. If any occasion shall induce the council to judge a
tionot™""^ further examination of any account to be necessary, they
shall refer the same to the municipality auditors, to whom
the commissioners shall make explanations; and the auditors
shall report thereon to the council before the half yearly
meeting in April.
School oommis- 53_ The couucil shall appoint a board or boards of school
.pointmentof. Commissioners in place of the boards which may be acting
at the time this chapter shall go into operation ; the mem-
bers severally to hold office during the pleasure of the
council. The board of school commissioners shall appoint
their own clerk, and in addition to the returns required by
law, shall make a full account of their appropriations,
expenditures, and proceedings, to the municipality clerk, at
such times as the council may order. The municipality
clerk shall immediately place the returns in the hands of the
auditors, who shall examine and report thereon to the
council at its next general meeting, and the council shall
examine and adjudicate on the same,
irunicipaiity 54. The municipalities shall have authority for the pur-
KMoJ^io.™" chase, acquirement, and management of all such real and
personal property within the municipality as may be required
for purposes of the corporation, and the sale and disposal of
the same, when no longer required ; and for the super-
ir^endajice and management of all the property of the muni-
cipality, and for the erection, preservation and repair of the
municipality court house, jail, lock-up house, town hall, and
all other buildings required by or being upon any land
belonging to the municipality as a corporation ; and shall
have and possess all powers given to the sessions by the
fort3^-seventh chapter; and the protection, care and manage-
ment of municipality property, and the title, powers, and
authority of the grand jury, sessions, and trustees, under
the ninety-seventh chapter.
Pound keepers, 55. The municipal councils shall appoint a sufficient num-
&o!°appo7nr' tier of pound keepers, fence viewers, overseers of the high-
meitbf, duties, -^yays, road surveyors, and of such and so many officers as
foos, penalties, •'' x- ■ -iii-x j-xi
&c. may be necessary tor carrying into enect any of the pro-
visions of this chapter, or of any other act of the legis-
lature, concerning any of the subjects placed under the
jiftisdiction of the councils, or of any bye-law of the muni-
TITLE XXXV.] MUNICIPALITIES. 469
cipality; and in like manner to displace any of them and Chap. 133.
appoint others in their room, and to add to or diminish the ~ "^
number of them as often as . the corporation shall see fit,
and to regulate their powers and limits wherein they shall '
be exercised ; and shall regulate and prescribe the duties
of all officers acting under the authority of the corporation,
and the penalties of their making default in the performance
of such duties, and shall settle the remuneration of all such
officers, in all cases where the same is not settled by act of
the legislature, and the providing for the payment of the
remuneration which, by the act of the legislature, or by the
bye-laws of the municipality, may be provided for such
officers ; and shall regulate the bonds, recognizances, or
.other securities to be given by such officers for the faithful
discharge of their duties ; the penalties for refusing to serve
in any office, and for the infringement of any bye-law of the
municipality.
56. The municipal corporation shall have the appoint- Board of
ment of health officers, health wardens, and health inspec- me'^at'^o!^^"''*"
tors, and a board of health, with the authority and powers
'given to justices in general or special sessions by the fifty-
fourth and fifty-sixth chapters.
57. The municipal corporation shall also make regula- Eabid animals,
tions for the protection against rabid animals, and the des-
truction of noxious animals, and for exercising the authority
and powers given to justices in general and special sessions
■ by the fifty-fifth and ninety-third chapters ; also for the pre- Preservation of
S'ervation of useful birds and animals, and the regulation 1^^° '"^'^ ^'^'
and protection of the river fisheries, and for exercising the
powers and authority of general and special sessions under
the ninety-second and ninety-fifth chapters.
58. Also for preventing damage by setting fire to woods. Setting are to
' felled trees, underbrush, and on bog and marsh lands ; also ingobstnictio'na
for removing obstructions from rivers, and for regulating *™'" "''*''''' ''*"'■
the bringing down of logs, timber, and lumber on rivers,
and for exercising the powers of the grand jury and sessions
under the one hundred and third chapter.
■ 59. The pouncil shall make orders for the prevention and Firea, reguia-
suppression of fires, regulating stoves, stove pipes, flues. ii°g"lrXen™o.
furnaces, ovens, and the safe keeping of ashes, and shall appointment of.
appoint firewards, firemen, fire gonstables, and engine men,
•and shall exercise the authority and powers of the generail
and special sessions under the ninety-ninth chapter, and
shall make orders for the prevention of the unnecessary and
wanton discharge of fire arms and fire works.-
60. Also, the municipal council shall have the power Trespasa by
1 -1 • J ■ J u 11 1 cattle, regula-
given to general or special sessions under, and shall make ti.ons ooneorn-
orders for carrying into effect, the one hundred and fifth, '°^'
the one hundred and sixth, the one ^undred and seventh,
the one -hundred and eighth, the one hundred and ninth, and
the one hundred and tenth chapters; and so much of the one
470 MUNICIPALITIES. [PART in.
Chap. 133. hundred and forty-seventh chapter as relates to preventing
trespasses by horses and oxen and other animals going at
large.
Acts of clerk of 61. The acts required in the one hundred and fifth chap-
howperfo^ed. ter to be performed by the clerk of the licenses, and by
justices of the peace, shall be done by the clerk of the cor-
poration, and two councillors, Tinless otherwise ordered 'by
any bye-law or order of the council.
Acts of town 62. The acts required in the one hundred and sixth
formed?'"' ^" chapter to be performed by the town clerk shall be done by
any officer or person authorised by the council, and a muni-
cipality councillor shall exercise concurrent authority with
a justice of the peace under that chapter,
chaptera 147, 63. This chapter shall not interfere with nor afiect the
^eaeV*"' "'*' jurisdiction created under the one hundred and fifty-seventh,
one hundred and fifty-eighth, and one hundred and sixtieth
chapters.
Warden to have 64. The Warden, while in office, shall ex-ofEcio be a
Justtoef o^tho"^ justice of the peace in and for the county, and shall have
pjaoe. within the municipality all the powers and jurisdiction, as
well civil as criminal, which belong to that office, and as
well the warden as in his absence any councillor shall have
power to administer oaths and affirmations concerning
accounts, and other matters which shall be submitted to
the corportion, or shall concern the same.
Grand jury and 65. The grand jury and sessjous, or the justices in ses-
^uSed w'meet.' sion, either general or special, shall not be required to meet'
for any purposes for which, by law, they ar^ now required
Power of justi- tp meet in any municipality ; but nothing in this chapter
not afltete^!*"* shall be construed to take from justices of the peace their
power as conservators of the peace, or to impair or abridge
the criminal jurisdiction they possess by common or statute
law, or their authority over offences partaking of a criminal
nature given by any law of this province, nor the power to
administer oaths, nor any power belonging to the office of
justice of the peace, which is not taken away by this chap-
ter, either expressly or by necessary implication.
Power and an- 66. The powers and authority of the council shall also
thorityofcoun- ^^^^^^ ^^ ^^^ following objects :
Roads. I. The laying out of new roads, and the making, main-
taining, or improving of anji new or existing road or street, or
for stopping up', altering, or diverting the same, not being
a great road, subject however to the provisions of the law,
and the restrictions and protection to private rights con-
tained in the*sixty-second chapter, and subject to the rights
of the crown and the province in public property.
Road money. II. The appropriating and apportioning road money
granted by the legislature, to be laid out in the municipality
by the municipal authority, and appointing commissioners
for its expenditure, and the accounting therefor to the
government.
TITLE XXXV.] MUNICIPALITIES. 471
III. The directing and enforcing the performance of Chap. 133.
statute or highway ,labor, and the expenditure of the commu- statute labor,
tation money for highway labor and all the powers of the ses-
sions and of the justices of the pe.ice under the sixty-third
chapter, and the returns therein directed shall be made to
the council or their clerk, or as the council may order.
IV. The division of the municipality into road districts, Road districts,
and the appointment of a superintendant of roads in each '^"'^^''^'**''
with such powers as regards the roads and bridges, and the
expenditure of provincial and municipality money, and
statute labor therein, as the council shall see fit to confer ;
and the erection, preservation, and repair of any new or
existing bridges, and the regulating the driving and riding
over bridges ; the protection of timber, stone, sand, or
gravel, or any appropriation for roads or other public pro-
perty, and the sale of such timber and other articles.
V. The support of the poor by municipality, township. Poor,
or district organization, and the erection and maintenance
of municipalit}'', township, or district poor houses.
VI. The making orders for carrying into effect the law, intoxicating li-
as it may from time to time exist, concerning the manufac- '^""^'
ture, importation, and sale of intoxicating liquor, and the
providing payment for expenses that may be incurred in
relation to that object.
VII. The regulating ferries, public wharves and landings, Ferries,
and the establishment and regulations of markets and fairs. " '"^^ ' ■
VIII. The providing means for defraying such expenses Assessment.
connected with the administration. of justice as require to be
defrayed out of the municipality funds ; the providing for
the establishment and support of schools and hospitals ; and
the erection of school houses and hospitals, the raising,
assessing, levying, and appropriating all monies that may
be requisite for carrying into effect the objects for which
the council is empowered to act or to make bj'^e-laws; such
monies to be raised by rates to be assessed on real and per-
sonal property, or its owners or occupiers.
IX. The collection and accounting for, of all tolls, rates, collector of a«
and assessments of the municipality revenues ; but no pjf^^"""'^'
monies shall be voted, nor any salaries determined upon,
except at one of the two regular meetings, or an adjourn-
ment thereof, unless the public service may require a devi-
ation from this rule ; in such (cases, as also in cases of
adjourned meetings, every member of the council shall
have notice of the meeting and its objects.
X. The making of all contracts relative to matters under contracts,
their control, which contracts, after having been duly con-
sidered by the council, shall be signed by the warden, and
countersigned by the county clerk.
XI. The determining what officers it may be expedient salaries of om
to pay, fixing the amount of the salaries, fees, and remune-
ration, where not fixed by this chapter, and the time and
mode of paying them.
472
Chap. 133.
Returns of as-
sessors i expen-
ses of elections.
Presiding offi-
cers at elec-
MUNICIPALITIES.
[PAET nr.
Contested elec-
tions.
Prevention of
vice.
Other matter
under control
of council.
Coroners, ap-
pointment of.
Snow plough.
All powers res-
ted in grand
jury, sessions,
&c., to be trans-
ferred to muni-
(Sipality ooun-
Proviso.
XII. The returns of assessors and collectors, with a
view to the general business of the municipality ; the ex-
pense of municipal elections, and the mode of remuneration.
XIII. The appointing of presiding officers for conduct-
ing municipal elections, the times, places, and mode of elec-
tion, and the times, form, and manner of the presiding offi-
cers' returns, as far as may not be specially directed by this
chapter.
XIV. The making of rules and regulations for the try-
ing contested elections of members of their own body, and
the trying of such contested elections.
XV. The enforcing of the due observance of the Lord's
daj'; the prevention of vice, drunkenness, profane swearing,
obscene language, and any other species of immorality or
indecency in the public streets and roads, and for preserv-
ing peace and good order in such streets and roads, and in
public places or taverns ; for preventing the excessive beat-
ing, or cruel and inhuman treatment of animals ; for pre-
venting the sale of any intoxicating liquors to indians, chil-
dren, apprentices, or servants ; for restraining and punish-
ing all vagabonds, drunkards, and beggars, and all persons
found drunk or disorderly in any street, road, or public
highway in the county.
XVI. The providing for any other purpose, matter or
thing specially subjected to the control of the council by
law ; but no bye-law shall impose any punishment or im-
prisonment, or any penalty exceeding five pounds.
67. The council, as often as requisite, shall appoint
coroners,' and determine their limits within which to act.
68. It shall be discretionary with the municipality coun
cil to procure a snow plough, or other machine or contri-
vance sufScient to keep the roads open and beaten after tlie
fall of snow, to the width of at least eight feet, and place
the same under the charge of the commissioners of high-
ways in such district, who shall cause the same to be
worked and used by such number of the inhabitants of
their district as they shall judge sufficient for its use, and
in rotation ; and the cost of the snow plough shall be de-
frayed out of the county funds by a rate imposed equally
on the whole district.
69. All powers and authorities now vested by law in the
grand jury and sessions, in special sessions, or in justices of
the peace, to make bye-laws, impose rates or assessments,
appoint township or county officers, or make regulations for
any county purpose whatever, after the " incorporation of
any municipality shall be transferred to, vested in, and be
exercised by, the municipality council only ; but no bye-
laws or regulations made by the justices in session, shall be
considered repealed until the municipality council shall
expressly declare. such repeal by a bye-law; and the county ,
and town officers shall continue to exercise their functions
TITLE XXXY.] ^ MUNICIPALITIES. 473
until the first meeting of the incorporated council under Chap. 133.
this chapter, and they shall be liable to account to the
council.
70. All debts, liabilities, and obligations of every kind -Debts to be as-
which may be due, or owing, or to which any municipality "'"^ '
may be liable at the time of its incorporation, shall be assu-
med, paid, and performed by the municipality council, and
be recoverable from the same by action, or otherwise, on
the same terms and conditions as the same should have been
paid and performed if the county had not been incorpo-
rated ; and all property of a public nature, and debts of
every kind, belonging or owing to any municipality, shall,
at the same time, become vested in and due and payable to
the municipality council ; but no municipality council shall Proviso,
issue, or authorize the issuing, of any'bill or note, or in any
way act, or authorize any persons to act, as bankers.
71. In assessing any rate or tax, the municipality coun- Assessment of
oil shall be governed in all things by the laws now or here- fy rates. °°"""
after to be enacted for the levying and collecting of poor
and county rates, except as herein provided ; and the same
shall be apportioned and assessed equally on all property
' liable by law to poor and county rates ; but uo rate or
assessment whatever shall be made or levied on any lands,
. tenements, or other property, real or personal, of her majesty,
her heirs or successors, or in possession of the board of
ordnance.
72. All allowances or per centage granted by law to any Allowances to
collector or county treasurer, and all salaries, wages and '
allowances of any kind enjoyed by any county, town, or
parish officer, shall continue to be paid, after the incorpo-
ration of any county, until otherwise ordered by the muni-
cipality council.
73. An authentic copy of each bye-law passed by the Bye-iaws must
municipality council, shf^ll forthwith, after being passed, be the legislature
tremsmitted by the warden or chairman for the time being
to the provincial secretary, who shall note on such bye-law
the date of its receipt, and lay the same before the governor,
by whom the same shall be laid before the legislature within
ten days after the opening of its next session. Any bye-
law repugnant to the law of the land, or the provisions of
this chapter, shall be wholly void and of no effect whatever.
74. At least ten days before the meeting of the provin- Expenditure tc.
cial legislature, the wardens shall transmit an abstract of the fegiaiature,
the receipts and expenditures of the municipality, and the
returns from the several judicial district courts during the
preceding year, to the governor, who shall lay the same
before both branches of the legislature.
75. Nothing in this chapter shall extend to any toll fo°tViib5dge*s,
bridge, or road belonging to any company or individuals, &«■
nor to any work under the control of the imperial or provin-
cial governments, or of the military authorities.
474
MUNICIPALITIES.
[PAET m.
Ghap. 133.
Penaltiea, how
recovered.
Informer not a
competent wit-
ness, when.
Members of
eouncll compe-
tent witnesses.
Expenditure of
road monies to
be accounted
&r.
Sheriff's, &o.,
fees on nrst
election.
Assessments,
how recovered.
Rates for puhlio
purposes.
Inconsistent or
irepngnant laws
omy affected.
76. All fines and penalties imposed by any bye-laws of •
the municipality councils, and for the recovery of which
no other provision is made, may be recovered with costs,
by suit and execution, as in the case of debts, in the name of
the corporation, before any justice of the peace for the
county, and, after the appointment of judicial district courts,
before such courts. All fines and penalties, when recovered,
shall be paid and applied as the bye-law shall direct. J-To
informer or other person, who is to receive for his own
benefit any part of a fine or penalty, shall be a competent
witness for the prosecution, unless he first relinquishes, in
writing, all claim to his proportion of the fine or penalty;
in such case the whole penalty shall be applied as the bye-
law shall direct for that portion which was to go to the
informer or prosecutor. No inhabitant of the municipality,
or member or officer of the council, shall be an incompe-
tent witness in any prosecution for the recovery of a fine
or penalty, or in any suit for money payable to the clerk or
treasurer, or due to the council, or in any suit wherein the
council is a party, or has an interest in the result, by reason
of such person being an inhabitant of the municipality, or a
member of the council, or an officer or a person in its
employ ; provided that such person shall have no other
interest in the prosecution or suit which would render him
an incompetent witness.
77. The municipality council shall strictly account to
the governor for the expenditure of all provincial monies
granted for roads or other municipality uses, and under all
needful vouchers. These expenditures shall be examined
and audited by the financial secretary, and the accounts laid
before the legislature within ten days after the opening of
each session.
78. In the case of the first election, the sheriff shall
receive from the municipality funds the sum of forty shil-
lings, in full for his services, and each presiding officer shall
receive ten shillings, and each poll clerk five shillings, in
full for their respective services.
79. All rates and tolls imposed by the council shall be
assessed and recovered in manner prescribed by the bye-
laws, and by such assessors and collectors as may be
appointed for that purpose by the council at one of the two
meetings hereby appointed : provided such bye-law is not
repugnant to the law of this province or to this chapter.
80. All rates for public purposes, not within the scope
and authority of this chapter, which the inhabitants of any
county are now liable, or may hereafter be liable, to pay by
a law of the province, shall continue to be assessed upon
and paid by the inhabitants of any incorporated county,
until otherwise directed by act of the legislature.
81. Nothing in this chapter contained shall be construed
to repeal or affect the provisions of any law or enactment
TITLE XXXV.] MUNICIPALITIES. 476
now in force, except so far only as such law or enactment Chap. 133.
shall be inconsistent with, or repugnant to, the provisions ~
of this chapter, or the attainment of the objects and pur-
poses thereof.
82. Every returning officer, or person holding any elec- Returning offi-
tion under this chapter, shall have power to administer all niateToatha^"'"
oaths and affirmations required to be administered or taken
at any such election.
83. Every officer who shall be elected or appointed^Every officer to
under this chapter, shall, before entering on the duties of
his office, take and subscribe the general oath of office con-
tained in the schedule, unless officers for whom the schedule
contains a special oath of office.
84. Every person elected or appointed under this chap- Oath of qnaiifi-
ter to any office which requires a qualification of property ^im'taken.
in the incumbent, shall, before he shall enter upon the duties
of his office, take and subscribe the general oath of qualifi-
cation contained in the schedule of oaths, and shall annex
thereto and file with the clerk a schedule of his qualification.
85. No person shall be qualified to vote or to be elected No person qna-
or appointed to any office under this chapter, who shall not, &c^, unless a'
at the time of his voting, election, or appointment, be a m^|a''tV?^ ^^'^
natural born or naturalized subject of her majesty, her heirs,
or successors, and of the full age of twenty-one years.
86. When no provision shall be made in this chapter for oaths, by whom
,1 J .... ^ n ,, j^ ,. ^. , , to be adminis-
the administering ot any oaths or affirmations required to tered.
be administered or taken, the same may be administered by
the warden, or, in his absence by the clerk, or by any coun-
cillor or any justice of the peace of the county ; and when
an bath or affirmation is directed to be administered by, or
taken before, any officer or person, the authority to adminis-
ter is included.
87. Every qualified person duly elected or appointed to Penalty for re-
any office in, by, or under the municipality, in cases not oSf *" *°''^*
herein expressly provided for, who shall refuse such office,
or neglect to take the several oaths or affirmations required
by this chapter in respect thereof, within ten days after his
election and appointment, having had notice of such election
or appointment ; and every person who shall enter on the
duties of any office under this chapter, without having
taken the oath.required in respect of such office ; and every
person duly authorized to administer such oaths or affirma-
tions, who. shall refuse to administer the same when such
administration is reasonably demanded of him, shall there-
upon, respectively, forfeit such sum, not more than twenty
pounds, nor less than two pounds, as may be prescribed by
the bye-laws of the municipal corporation, to be paid to the
clerk of such corporation, for the "use thereof ; provided Proviso,
that such forfeiture shall not be incurred by any person not
legally qualified, or who shall be legally exempt, and who
shall verify that fact on his oath.
476
MUNICIPALITIES.
[part III.
Chap. 133.
Allirmatiou.
Corporations of
oitiea not affect-
ed.
Actions against
council, how
brought.
Judgments, in-
terest on.
Coroners to be
sworn.
Present coro-
ners not affect-
ed.
Jurisdiction of
sessions and
fraud jury ta-
en away.
Powers of grand
juries, See ,given
to municipal
couneils.
88. Every person authorized by law to make affirmation
instead of taking an oath, may make affirmation in every
case where an oath is required by this chapter ; and any
person who shall wilfully swear or affirm falsely in any
matter where an oath or affirmation is required by this chap-
ter, shall be deemed guilty of wilful and corrupt perjury,
and be punishedaccordingly.
89. Nothing in this chapter contained shall abridge,
limit, or defeat any rights, powers, privileges, or jurisdic-
tion of the corporation of the city of Halifax, or the cor-
poration of any other town which may be incorporated
during any further sitting of the legislature.
90. Every action brought by or against any miinicipality
council shall be brought by or against the same by its
corporate name ; and in all such actions, service of process
on the warden or clerk for the time being, shall be good
and valid service of such process. In case of judgment
being given against the corporation, the same shall be paid
by order of the council, without unnecessary delay, if there
shall be funds available for the purpose, otherwise the
amount shall be included in the next assessment, and shall
be paid out of the first monies which shall be siibject to
the appropriation of the council ; if the amount shall not be
paid within six months after judgment recovered, and
demand made, the supreme court, or a judge thereof in
vacation, shall have the power to amerce the county, which", '
by the fourth and fifty-third sections of the forty-sixth chap^
ter are given to the sessions and the supreme court, and
may, if need be, appoint assessors and collectors.
91. Judgments against a municipal corporation shall
bear interest at six per centum per annum.
92. Coroners appointed under this chapter shall be
sworn into office before the warden, or, in his absence, two
councillors ; and the forty-first chapter, except the first
section, shall be in force as to such coroners. Nothing in
this chapter contained shall affect coroners now appointed.
93. The jurisdiction of the general and special sessions
of the peace and of the grand, jury, in all matters over
which, by this chapter, jurisdiction is given to the municipal
council, is taken away in counties in which this chapter
shall go into operation.
94. The powers and authorities which in chapters twenty-
two, forty-six, forty-seven, forty-eight, fifty-four, fifty-five,
fifty-six, sixty-one, sixty-two, sixty-three, sixty-seven, sixty-
eight, sixty-nine, seventy, seventy-one, seventy-two, eighty-
nine, ninety, ninety-two, ninety-three, ninety-fivej ninety-
seven, ninety-eight, ninety-nine, one hundred, one hundred
and two, one hundred and three, one hundred and four, one
hundred and five, one hundred and six, one hundred and
seven, one hundred and eight, one hundred and nine, one
hundred and ten, one hundred and forty-seven, one hundred.
TITLE XXXV.] MUNICIPALITIES. 477
and fifty-six, are given to grand juries, justices in session. Chap. 133.
general or special, or to justices of the peace, and to the
officers and persons named in those by them, and to officers
and persons named in those chapters, for carrying out any
of the provisions of those chapters, are given to municipal
councils, and to the officers and persons to he appointed by
them under the respective bye-laws of such councils.
95. The warden, councillors, and officers acting under Protection of
them, shall be entitled to the protection afforded to justices ^^"^ ^°^'
of the peace and constables, under the one hundred and
fiftieth and one hundred and fifty-first chapters.
JUDICIAL DISTRICT COURTS.
96. The municipal corporation for each municipality J!^''i°'^i '''^■
shall, at its first meeting, or soon thereafter, divide the muni- tion of.
cipality into convenient judicial districts, which shall, if prac-
ticable, be so formed as not to divide any electoral district
or any existing township, and shall appoint three judicial.
district commissioners for each of such judicial districts.
The commissioners shall be qualified as is required for Commissioners.
councillors, and before entering upon the duties of their
office shall take and subscribe the oaths of allegiance, of
office, and of qualification.
97. The judicial district commissioners shall retain office office of com-
for three years and no longer. At the end of that period Sonrff^' ^'
the municipality corporation shall appoint a new board, but
may re-elect two of the out-going officers. The corporation
shall also supply occasional vacancies, arising from death,
resignation, or otherwise.
98. No commissioner shall at any time be chosen from No councillor
.1 .,1 to be a commis-
among the councillors. sioner.
99. The commissioners shall have authority within their Authority of
respective districts only. Their writs may extend over the juri^TtioT '^^'
whole municipality, but shall be returnable only within the
district, and shall be directed aud served as writs from
justices are now served.
100. They shall have and exercise within their district Onepartymust
the same jurisdiction over actions of contract, and for petty S.^"^
trespasses and assaults under the l-47th chapter, and for
penalties for violation of the laws relating to the impor-
tation, manufacture, or sale of intoxicating liquors, and
othej- penalties, and the same functions for the purposes of
trial which justices of the peace may possess at the time the
commissioners are appointed. No action shall be sustained
unless at the time the writ issued either the plaintiff or
defendant shall actually reside, or the cause of action shall
have arisen within the judicial district.
101. The commissioners shall meet at some convenient Meetingofcom-
place to be named by the council, on the first Tuesday of ram '&"!"' '^"°"
every month, and may continue in session for two days,
and no longer ; causes not disposed of shall stand over ;
two commissioners shall form a quorum.
478
Chap. 133.
Power to admi-
nister oatlis.
Appeal.
Clerk of dis-
trict, appoia-t-
meat oX.
MUNICIPALITIES.
[PART III.
"Witnesses.
Power of justi-
ces to cease,
wlien.
Pees.
Comniissioners
salary.
No commiseion-
er, &c. to be em-
ployed as attor-
ney.
Bye-laws.
102. The commissioners shall have the same power to
swear witnesses, and to try by jury, and the same authority
as a court, that justices now have ; and appeal shall lie from
their judgment, and in the same mode as it now lies from
the judgment of justices.
103. The municipal corporation shall appoint a clerk for
each judicial district, who shall take the oath of office before
entering on his duties, and by whom, and not by the commis-
sioners, the writs of mesne process and execution shall be
issued; but the commissioners as well as the clerk may
issue subpoenas for attendance of witnesses, which shall
extend over the province.
104. Witnesses in cases before the court of judicial
commissioners shall be entitled to the same fees for attend-
ance, and subject to the same obligations to attend and give
evidence, and liable to the same penalties for prevarication
and for perjury, as in causes at present within the jurisdic-
tion of justices of the peace.
105. After the court of judicial commissioners shall come
into operation, the power of justices of the peace, to the
extent of the jurisdiction of the judicial commissioners,
shall cease.
106. The same fees which in chapter one hundred and
fifty-four, under the head "magistrates' courts," are distin-
guished as justices' fees, constables' fees, witnesses' fees,
and jurors' fees, or under any other acts in force relating to
such fees, shall be paid upon suits before commissioners;
but the fees distinguished as justices' fees shall be received
by the commissioners' clerk and paid to the county trea-
surer.
107. The commissioners shall be paid according to the
actual attendance in court, such amount, and the clerk by
such allowance, as the municipal corporation shall appoint ;
and the remuneration of the commissioners and clerk shall
not in any thing be made to have relation to or b.e depen-
dent upon the number of writs issued or judgments
obtained, or the amount of fees collected ; and neither the
commissioners nor the clerk shall, on any pretence, derivfe
any emolument from their office beyond such allowance.
No commissioner or clerk shall be directly or indirectly
employed, or professionally concerned as counsel, attorney,
solicitor, proctor, or advocate, for any party in any matter
pending or to be brought before the court of which he is
commissioner or clerk.
108. Municipal corporations shall make bye-laws for
enforcing a correct and regular account of the writs issued,
trials had, judgments entered, and costs incurred, in -such
judicial district courts, and of the fees paid to the county
treasurer ; and shall annually, on or about the thirty-first
day of December, make a return thereof to the governor,
to be submitted to the legislature.
TITLE X2XT.] MUNICIPALITIES. 479
109. The powers and authority which, in chapters one Chap. 133.
hundred and thirty-one, one hundred and forty-seven, and ^^^^ — n^
one hundred and fifty-four, are given to justices of the peace, tion, &o., of jus-
are transferred and given to the judicial district commis- peace^transfer-
sioners within their respective districts ; and they and the gfo^Qers""™'"^^"
officers executing their process, shall be entitled to the
same protection, under the one hundred and fifty and one
hundred and fifty-first chapters, as justice of the peace and
constables in the like cases are now entitled to.
110. The municipal councils may, if they see fit, alter Counou may
,,,.., J ■ '■ T • • 1, j.i_ u r 1 i 1 alter the limits
the limits and increase or diminish the number oi electoral andnumbera of
districts in their respective municipalities, and the number ?ie'Tumbl?''of
of councillors to be elected by each district ; and in laying oouaoiUors, &a.
off such districts regard shall be had to the population so as
to equalise the number of councillors in that respect as far
as possible.
111. The councillors of any district, or the councillors Meeting oi
of any number of districts, in matters relating exclusively
to such district or districts, may meet together with the
warden, and they shall have full authority to manage all
such matters, independent of the control of the council.
112. The warden or temporary chairman shall have a Warden right
right to vote on all questions before the council. °^° *'
113. The provisions of chapter sixty-four " Of commis- of ehap.°64, *x-
sioners of streets," shall extend to all municipalities ; and tendeJtomuni-
all the powers by such chapter vested in the sessions and
grand jury, are hereby vested in the council of the munici-
pality, and the power and authorities of the commissioners
are hereby vested in the commissioners to be appointed by
such council.
114. All the provisions of chapter thirty-three, " Of the Jf™chln™3^,*x'
census and statistical information," shall extend to the mu- *?"^yt> '"'"''"
nicipalities ; and all the powers, authority and duties, given "^^^
and imposed upon the sessions and clerk of the peace, shall
be exercised and performed by the municipality council and
the municipality clerk, and the officers and persons ap-
pointed by them to carry out the provisions of that chapter.
The municipality councils shall -appoint committees of their fij^of.'^'' "^''
own body to revise the jury lists in accordance with the
acts relating thereto, and shall fulfil all the duties imposed
by those acts on the committees of the sessions.
115. Notwithstanding the ninth clause of chapter ninety- fo"^^e'uSde?m'«^
seven, " Of trustees of public property," all property of nagement of
every description belonging to the municipality, or any dis- ® °°"°°' '
trict or districts, shall be under the management and control
of the municipal council, or of the warden and the council-
lor or councillors of subh district or districts.
116. Whenever it shall become necessary to purchase Purchase of
land or buildings, or to erect buildings for the use of muni- *° '
cipalities, or of townships or districts, the assessment for
the amount required therefor may, if it b§ thought advi-
480 MUNICIPALITIES. [PAET m.
Chap. 133. sable, be made payable by yearly instalments, to be col-
' lected and levied on such municipalities, townships, or dis-
tricts, liable therefor ; hut such payment shall not be made
to extend over a longer period than five years.
Elections. 117. The election for warden and councillors may be by
ballot or otherwise, as shall be determined by the council.
Commissioners 118. Municipality councils shall appoint commissioners
of sewers. ^^ scwcrs in their respective districts or counties, who
shall have power and authority ta carry out the provisions
of chapter seventy-three, " of commissioners of sewers,
and the regulation of dyked and marsh lands," .and shall
Inspectors of also appoint inspectors of provisions, lumber, fuel, and
' ■ other merchandize, under the eighty-fifth chapter, except
the inspectors of pickled fish.
Commons. 119. The municipality councils shall have the same
power and authority respecting commons as is now vested
in the sessions, under the seventy-fourth chapter, " of
commons."
iinnioipaiity 120. All power and authority now vested in, and all
duties oil'To'!' duties now imposed on clerks of the peace and town clerks,
shall be vested in, and be performed by, the municipality
clerks.
Judicial district 121. All the powexs and authorities vested in justices of
powCTs'of°&o?' the peace by the ninety-first chapter, " of the maintenance
of bastard children ;" also by the one hundred and twenty,
fifth chapter, "of masters, apprentices and servants;" also,
by the one hundred and fifty-seventh chapter, " of offences
against religion ;" also, by the one hundred and fifty-eighth
chapter, " of offences against public morals," shall be exer-
cised by the judicial district commissioners of the munici-
pality.
Continuation of 122. The judicial district commissioners may, on good
causes. grouuds shewn by affidavit, continue a cause to the next
monthly meeting.
Seamen, power 123. The Warden, and any one of the councillors, shall
themf'*'^ ^ have power, on the sworn complaint of the master, to arrest
any seaman, of a British, provincial, or foreign vessel, who,
hav'ing signed regular articles, and not being duly dis-
charged therefrom, shall wilfully absent himself from his
vessel ; and after hearing both parties, if he find the com-
plaint well founded and just, to compel the seaman to
return to duty if requisite ; also to send him to jail until
the vessel is ready for sea,' and give the aid of constables in
carrying him on board his vessel.
Votesofmoney. 124. No vote shall pass the municipality council other
than the annual vote for the maintenance of the poor, or for
ordinary annual county or district purposes, to a greater
amount than fifty pounds, unless the same shall have been
sanctioned by the majority of qualified electors present at
a public meeting, which shall have been called for the pur-
pose, and presided oyer by the warden and one of the coun-
TITLE XXXV.] MUNICIPALITIES. 481
cillors; of the time and place of which meeting ten days' Chap. 133.
notice shall have been gipen.
125. When any county or district shall hereafter be Counties to bo
incorporated, the municipal council shall, without delay, nlofpai to™-"
proceed to lay the county or district off in so manv and sii'psi not to
^ , ..,•', 1 • 1 11 1 , • "^ 1 disturb existing
such municipal townships as shall be most convenient, and distriote, &o.
which shall not disturb the limits of existing townships,
electoral districts, or poor districts, unless there be an una-
voidable necessity to do so for the convenient division and
arrangement of the whole county or district.
126. Such division shall be made between the first annual nivision, when
meeting of the county council on the second Tuesday of De- ^"^^ '°"'^*'
cember, and the fifteenth day of March next after; and publi-
cation shall be forthwith made in each township of the boun-
-daries of all the proposed municipal townships, with a, notice
that the county council at its next half-yearly meeting in
•April will hear objections.
127. The county council shall, at the next half-yearly Number and ij-
meetingin April, consider all objections made by petition or ™ed!' ''"^ '^™'"
in person to the proposed township divisions, and at their
discretion establish, alter, modify, or re-arrange the same,
and having finally decided on the number and limits of the
several municipal townships, shall make immediate publica-
tion thereof in each township.
128. Immediately thereupon the inhabitants of each of The inhabitants
such municipal townships shall be a body corporate, have townshi'p?tb be
iperpetual succession and a common seal; with power to rate''lo°'^^°'
break, renew, and alter the same, and shall be capable of
sueing and being sued, of purchasing, acquiring, and holding
real and personal estate within the township, for the use of
the inhabitants thereof in their corporate capacity, and of
making and entering into such contracts as may be neces-
sary for the exercise of their corporate functions ; and their
powers shall be exercised by, through, and in the name of
the municipality of such township.
129. The municipal council of each township shall con- Municipal
sist of five councillors, one of whom shall be presiding
officer, under the name of town reeve, and the councillors
and reeve shall hold office for two years, and until the elec-
tion of their successors.
130. The first elections of such township councillors First election of
shall, after due notice to the respective townships for not Xen^hi'id!'
less than ten days given by the county council, be held on
the third Tuesday in November following, and at such
place, and before such presiding officers as shall be appointed
■by the county council.
• 131. Succeednig biennial elections shall beheld on the succeeding ^^^
third Tuesday of November in each alternate year, at such Lid. '
place and before such presiding officers, and after such
notice as the township council shall by any bye-law ap-
point.
482
MUNICIPALITIES.
[PAET in.
Chap. 133.
Elections, how
held.
Town reeve,
how elected..
Meetings, how
summoned.
President of
meetings.
Requirements
for Toting.
Townships, by
whom divided.
Overseers of
poor, by whom
chosen, f.
132. Every election shall commence and be continued,
closed and notified, as directed in the case of county coun-
cillors, by sections eight and nine ; the township councillors
elect being summoned to meet on the fourth Tuesday of
November next after, at such place in the township as the
officer presiding may appoint, until the place of meeting
shall be determined by the township council ; at which time
and place the presiding officer and councillors elect shall
meet, and the councillors being sworn into office, the town-
ship council shall be organized and proceed to business.
133. At the first meeting the township councillors shall
elect from among themselves a town reeve in each muni-
cipal township, and every town reeve shall ex officio be a
county councillor.
134. There shall annually be held a meeting of the town-
ship council on the fourth Tuesday of November, to be
called the annual meeting ; and such other meetings, either
periodical or occasional, as the council shall appoint. The
township council may severally adjourn their meetings
from time to time, and the town reeve, or in case of his
death or absence, any two of the town council, may at any
time summon a special meeting ; the places and times of
meeting may be appointed by the township council by bye-
law, resolution, or adjournment, and the twenty-seventh
section shall, as far as applicable, extend to township coun-
cils and their meetings.
135. The town reeve shall preside at all meetings, or in
his absence some member of the council to be selected for
the purpose by the members present, who shall for the time
have the same authority as the town reeve.
136. No person shall be entitled to vote at the election
of township councillors unless he shall reside in the muni-
cipal township) and shajl have so resided for the time
required for residence in the case of voting for members of
assembly.
137. The township council, if they d®em it desirable,
may divide their township into five electoral wards, and
appoint polling places therein, and presiding officers to
receive the votes in each polling place ; each ward to return
one town councillor, who shall be resident within the town-
ship.
138. The township council,, at the first meeting, and at
each annual meeting afterwards, or at such other time as
they may appoint, shall vote for each poor district in the
township the sum they shall judge necessary for the sup-
port of the poor in that district, and for the purposes enu-
merated in the eighty-ninth chapter ; and shall appoint over-
seers of the poor for the existing poor districts within the
township until such existing poor districts shall be altered
by the town council, which districts they have power from
time to time to alter, if they shall see fit to do so. When
TITLE XXXV.] MUNICIPALITIES. 483
a, poor district lies in more than one municipal township, Chap. 133.
the councils of the several municipal townships interested
may respectively appoint overseers to meet the circum-
stances within each municipal township ; and the several
townships interested may make agreements with each other
according to the emergency of the case, and if unable to
agree, the county council shall have power to make such
order as may be agreeable to justice.
139. In the case of the first election, each presiding Payment of offi-
officer shall receive in full for his services ten shillings ; and °®''^"
«ach poll clerk employed, five shillings.
140. Each township municipality shall appoint a clerk cierksandtrea-
and a treasurer, and shall prescribe their duties and the concemfng^^
• security to be given by each for fidelity in office ; and the
clerk shall perform within the municipal township all the
duties by law required of town clerks. *
141. The following sections, as far as the same are, or Portions of the
may be applicable, and with such chaiiges of terms as may paigovemmint
be necessary to make them applicable to townships and of counties ap-
township municipalities, shall apply to township municipali- ship munidpa-
ties created under this chapter, that is to say : sections ^'''°^'
eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen,
nineteen, twenty, twenty-one, twenty-two, twenty-five,
twenty-nine, thirty, thirty-three, thirty-four, thirty-five, thirty-
six, thirty-seven, thirty-nine, forty, forty-two, forty-four, forty-
five, forty-six, forty-seven, fifty-four, fifty-five, sixty, sixty-
four, sixty-eight, sixty-nine, seventy, seventy-one, seventy-
two, seventy-three, seventy-five, seventy-six, seventy-nine,
eighty, eighty-one, eigthy-two, eighty-three, eighty-four,
eighty-five, eighty-six, eighty-seven, eighty-eight, ninety,
ninety-one, ninety-five; also so much of sections sixty-nine,
seventy-three and ninety-four, as apply to townships or
township business or officers ; and also the following divi-
sion or sub-sections of the sixty-sixth section, viz., I., II.,
III., except as relates to provincial road money, and the
IX. to the XVI., both inclusive, as far as applicable ; and
also the schedule of oaths. The township council may, by
resolution or bye-law, make regulations on the subject mat-
ters of the thirtj'^first and thirty-second sections ; also, may
determine what, if any, remuneration, shall be paid to the
town reeve and town councillors for their attendance and
services.
142. When in the above portions of this chapter the bieto^hJS-'
words county, or council, or municipality, or councillor, or ty shau be oon-
j • ■ Ti 1 1 1 i • strued as appli.
warden, or municipality clerk, or elector, or synoniraous cable to the
words occur, they shall respectively be construed to mean tow^hip.
township or town council, or township municipality, or
township councillor, or town reeve, or town clerk, as the
case may be, unless otherwise expressed, or the sense for-
bid the change.
31
484 MUNICIPALITIES, [PABT IIJ.
Chap. 133. 143. When municipal townships shall come into opera-
seotions inoon- tion, the powers granted under the forty-third section, and
siBtent with this other soctions inconsistent with the sections from one hun-
coase,1ind the dred and twenty-five to one hundred and forty-two, inclu-
come into ope- sive, snaii ceaso,
ration.
CLAUSES FOE ADAPTING THE COUNTY MUNICIPALITY TO TOWN-
SHIP INCOEPOEATIONS.
144. After township incorporations shall be adopted,
and the municipal townships laid out and notified in any
incorporated county or district, the sections next following
shall come into operation therein, that is to say :
?oanty council- 145. Thereafter in those counties or districts, no elec-
lors ahau not tion of couut)' couucillors shall take place.
Municipal 146. In such incorporated counties or districts, the town
"?Td' ^"^ reeves of the several municipal townships shall constitute
the municipal council; they shall continue in office two
years, and until their successors are appointed, commencing
theif duties on the second Tuesday of December after the
first and every subsequent general or bi-annual election of
town councillors, at which time the county councillors shall
go out of office.
Election of war- 147. On the second Tuesday of December after the first,
dens. and after each subsequent general or bi-annual election, the
county council, and the recently elected town reeves, shall
assemble at the county or district court house. The town
reeves shall respectively exhibit and lodge with the county
clerk a certificate of their election as township reeves,
signed by the town clerk of the respective township muni-
cipalities, and they shall forthwith take the oath of office as
county councillors, and then enter upon the duties of their
office, and shall immediately proceed to elect by majority of
votes from among themselves, a warden, who shall take the
oath of office, and shall then enter upon the duties of his
office, and who shall be subject to the twenty-first section ;
and in case the person so elected shall not qualify and serve
in the said office, the county council shall choose, by a
majority of votes from among themselves, a warden duly
qualified, until one shall be found willing to serve.
Authority, &c., 148. The Warden shall have all the authority of county
ef wardens. councillor ; he shall hold office for two years, and there-
after till his successor be appointed and has qualified, and
he may be re-elected. Whenever a vacancy occurs during
the term of office, by death, resignation, or otherwise, the
council shall, at its first meeting thereafter, elect a warden
for the remainder of the time ; during the temporary
absence of the warden, his place may be filled by a chairman
for the time being, with all the authority of the warden, to
bo chosen by the members present.
Eiectioiis,&e., 149. It is declared that the first municipal election in
power of coun- any county or district hereafter to be incorporated, is to
TITLE XXXV.] MUNICIPALITIES. ' 485
take place on the third Tuesday of November next after its Chap. 133.
incorporation ; and the first meeting of the county council- ous- relative
lors then elected is to be held on the second Tuesday of ^"*^^s°f <=<>""
December then next after. Until such first meeting of the ship councils"
county council, the existing authorities and modes of
administering the afiairs of the county, and of the town-
ships and districts therein, are to continue in force. On
the organization of the county council at that meeting, and
froni thence until its next succeeding annual meeting, the
county council is to administer the affairs of the county,
and of the townships and districts therein, under and in
conformity with the provisions of this chapter.
150. On the third Tuesday of November next after the
said first meeting of the county council, the first election
of township councillors is to take place, instead of the elec-
tion of county councillors ; and on the fourth Tuesday of
November next thereafter, the first meetings of the town-
ship councils are to be held, and on the second Tuesday of
December then next following, being the second annual
meeting of the county council, the newly constituted
county council is to be organized, and thenceforth the
administration of the county and the township afiairs is to
be separated, and all the powers and jurisdiction over
township afiairs, which are given to the county council, and
which are given to the township councils, shall thereafter
no longer be exercised by the county council, but shall
exclusively be vested in and be exercised by the township
municipalities ; and all other the powers and jurisdiction
given to the county municipalities, and not herein given to
the township municipalities, shall continue to be exclu-
sively vested in and exercised by the county municipalities ;
provided that assessors, collectors, overseers, and other
ministerial officers, having duties commenced, and not com-
pleted, on the occasion of any of the said changes of
authority and jurisdiction, shall continue to have legal
authority for the completion of such' duties, unless the
council coming into authority shall otherwise order ; and
they shall make return, and account to such council accord-
ing to its direction, and otherwise obey its authority.
SCHEDULE OF OATHS.
Oath of office, to he taken by all persons appointed to any
office or duty under this chapter for which no oath of office'
is specially provided.
I, A. B., do solemnly swear [or affirm lohere the partyi
is entitled to affirm,'] that I will truly, faithAilly, and impar-
tially, to the best of my knowledge and ability, execute the
ofiice of [inserting the name of the office, as presiding'
officer, or clerh at the elections, or warden, councillor,.
486 MUNICIPALITIES. [PART III.
Chap. 133. county derh, &c., &c. as the case may 6e,] to which I have
been eleoted [or appointed] in this municipality, and that I
have not received, and will not receive, any payment or
reward, or promise of such, for the exercise-of any parti-
ality, or malversation, or other undue execution of the said
office. So help me God.
Oath of office for the auditors.
I, A. B., do solemnly swear \or affirm when the party is
entitled to affirm,'] that I will faithfully, and impartially
to the best of my knowledge and ability, execute the
office of auditor, to which I have been appointed in this
municipality, and that I have not received, and will not
receive, any payment or reward, or promise of such, for
the exercise of any partiality or malversation, or other undue
execution of the said office ; and that I have not, during
the time preceding my appointment to the said office of
auditor, and that I have not since had, and that I have not
now, directly or indirectly, any share or iijterest whatever
in any contract or employment, with, by, or on behalf of the
municipal corporation of . So help me God.
Oath of qualification,
I, A. B., do swear [or affirm] that I am a natural born [or
naturalised] subject of her majesty, and, that I am by law
qualified to be elected to the office of , in the municipality
of according to the true intent of chapter one hun-
dred and thirty-three, and that a correct account, to the
best of my knowledge and belief, of the property in respect
whereof I claim to be so qualified, is contained in the sche-
dule hereunto annexed. So help me God.
SCHEDULE A.
t County of King's.
Each electoral district shall return two councillors, ex-
cept the Aylesford district, which shall return four coun-
cillors.
County of Queen's
Three councillors to be returned for electoral district
number one.
County of Yarmouth.
In the district of Yarmouth three councillors shall be
returned for electoral district No. 2, and one councillor for
electoral district No. 4.
TITLE XXSVI.] PLEApiNGS AND PRACTICE. , 487
fy.,:^. .^^^^^«^ ^^^^^.i^^A---- -^ "Chap. 134.
^■^y y- TITLE XXXVI.
OF COURTS AND PROCEEDINGS THEREIN.
CHAPTER 134.
OF PLEADINGS AND PRACTICE IN THE SUPREME COURT.
Part th.e First.
WHITS OF MESNE PROCESS.
1. All personal actions shall be commenced by writ of Writs of mesne
summops or replevin, and in case of absconding debtors, p™"^^^"
attachment or summons, in the forms set forth respectively
in appendix A. numbers 1, 2, 3, and 4 ; and where the Commencement
amount claimed is under twenty pounds, the writ shall be °
marked on the back thereof, summary cause ; and every Forms,
writ shall be subscribed with the name of the plaintiff issu-
ing the same, and with his place of abode, or with the name
of the attorney issuing the same.
.2. It shall not be necessary to mention any form of ^°™ "„ o^''°°j
action in the writ or other proceedings. necessary.
3. The teste of all writs, whether of mesne process or Teste abolished-,
■ otherwise, shall be abolished, and every writ shall be dated dafi.''''™
by the prothonotary the day it is issued.
4. The writ shall contain the declaration according • to dl^o^arayon***"
the practice now adopted in summary causes, and to the
forms in appendix B, except in very special cases, where
the declaration may be annexed or served separately ; but
no charge shall be allowed therefor, unless, on taxation,
the judge shall deem such course to have been proper
under the circumstances.
5. If a plaintiff, in any action commenced by summons. Affidavit to iiow
in which the defendant is now liable to arrest, whether upon '» ^*'^-
the order of a judge or commissioner, or without such order,
shall, at or after the commencement of such action, by affi-
davit of himself, or some other person, shew, to the satis-
faction of a judge or commissioner, that such plaintiff has
a cause of action against the defendant or defendants, to the
amount of five pounds or upwards, or ha^sustained damage
to that amount, and that there is probable cause for believ-
ing that the defendant, or any one or more of the defen-
dants, is or are about to quit the province, unless he or they
be forthwith arrested, such judge or commissioner may, by
a special order, direct that such defendant or defendants, so
about to quit the province, shall be held to bail for the
amount of the debt or damage sworn to, or, in the case of
unliquidated damages, for such sum as the judge or com-
488 PLEADINGS AND PRACTICE. [PART III.
Chap. 134. missioner shall think fit; and thereupon the plaintiff within
Capias. tlie time expressed in such order, but not afterwards, may
sue out one or more writ or writs of capias into one or
more different counties, as may be required, against any
such defendant, so directed to be held to bail, which
Form. writ shallbe in the form in appendix A, number 5. Where
a defendant is ordered to be held to bail under this sec-
Baii bond. tion, after he has appeared to the action, the form of the
bail bond in the appendix number twenty-two, shall be
modified accordingly.
Bail, how ta- 6. The sheriff" shall, within one month after the date of
""" such capias, but not afterwards, proceed to arrest such de-
fendant thereupon, and he shall remain in custody until he
shall have given a bail bond to the sheriff, or shall have made
Deposit. deposit of the sum endorsed on such writ of capias,together
with ten pounds for costs ; and the sheriff shall make return
of his writ immediately upon the execution thereof, or at
the expiration of the month if not executed.
wronE name, 7. Where the defendant shall be described in the pro-
of'christia™''* cess,or affidavit to hold to bail by initials, or by a wron^name,
name in afflda- or without a christian name, the defendant shall not be dis-
charged out of custody, or the bail bond delivered up to be
cancelled, if it shall appear by the affidavit that due dili^
gence has been used to obtain a knowledge of the proper
name.
Where defend- 8. Where a defendant is committed to jail on mesne
TMt, and^piain- proccss, and the plaintiff does not proceed to trial in the
titi dTO| not term next after his committal, or in the sittings thereafter, .
the defendant shall be discharged on entering a common
appearance on the last day of such term, or the sittings
thereafter, provided he was ready for trial at such term or
sittings, and had pleaded issuably to the declaration, if ser-
ved upon him, and given notice of his readiness for trial,
and provided the cause had been called for trial, and also
provided the court shall not, on sufficient cause shewn on
. affidavit, be of opinion that the defendant ought not to be
discharged.
Writs when re- 9. There shall be no special return days for writs of
turna le summons, writs of replevin and writs of attachment and
summons, against absent or absconding debtors, or their
agents or trustees; but such writs shall be returnable within
ten days after the service thereof, if the defendant shall
reside in the county in which the action is brought ; within
twenty days after service if he shall reside in any other
county, except in the island of Cape Breton ; and within
thirty days if he shall reside in the island of Cape Breton ;
and the action is brought in any county not in the island ;
or if he shall reside out of the island and the action is
brought in any county within the island; and judgment
may be entered against the defendant if he shall not ap-
pear and plead within four .days after the expiration of
TITLE XXXVI. J PLEADINGS AND PRACTICE. 489
such periods of ten, twenty, or thirty days, as the case Chap. 134.
may be.
10. The writs shall summon the defendant to appear Form of, how
" within ten, twenty, or thirty days (as the case may be) '^
after the service of this writ."
11. Writs shall be directed thus: To the sheriff of Writs, how di-
-, or to any other of our sheriffs ; and may be executed eouted.*"
by any sheriff within his bailiwick, and concurrent writs
may be issued.
12. The sheriff shall in his return on every writ of mesne Endorsement
process state the very day on which it was served, and"""^^"™'
shall not be allowed any fees on process served by him
where the return is not so made.
13. No person upon the Lord's day shall serve or exe- Lord's day, no
cute any civil writ or process, but the service thereof shall
be void, and the party serving the same shall be liable to
the party aggrieved, as if he had executed the same, without
any writ qr process.
14. The service of the writ wherever practicable shall Service of writ,
be personal, but the plaintiff shall be at liberty to apply,
from time to time, if necessary, on affidavit to the court or
a judge, who may, if satisfied that the writ has come to the
knowledge of the defendant, or that he wilfully evades ser-
vice, order that the plaintiff be at liberty to proceed as if
personal service had been effected, subject to such condi-
tions as to the court or a judge may seem fit.
15. Writs against a corporation may be served on the ™t'°ns° °°^i'°'
principal officer, or on tlie clerk or secretary.
16. The plaintiff shall annex, or endorse on his writ and Particulars,
copy thereof, the particulars of his claim, in the form, or to
the effect contained in appendix A, number 6, in all cases
where the claim is for a debt, or liquidated demand in
money, with or without interest arising upon a contract
express or implied.
17. If such particulars are not given, the plaintiff shall f^^ifj^ H^'
not be entitled to final judgment on non-appearance of
defendant.
18. The plaintiff's particulars shall give credits, if there To give credits.
be any.
19. Notice of trial may be endorsed on writs of sum- Notice of trial.
mens.
20. A sefroff by defendant shall be pleaded, and he shall lf,lf^i,^^^^f/'
annex to, or indorse on his plea, and copy thereof, full
particulars of each set-off, giving credits, if there be any,
and in default, his plea may be treated as a nullity ; such
particulars shall be assimilated in form to those in appendix
A, number 6.
21. Neither plaintiff nor defendant shall be at liberty to Particulars of
1 ■ T , • 1 ■;! 1 i ii !• demand or set
adopt his adversary's particulars, without at the same time off adopted by
admitting the adverse side of the account or claim as pre- ®''''™ '''^'^'^'"
sumptive proof thereof.
490
PLEADINGS Am) PRACTieB.
[part m.
Chap. 134. 22. A STimmons for particulars and order thereon may-
be obtained from a judge or the prothonotary, by either
party, without the production of any affidavit, but a sum-
mons and order for further or better particulars, or for
amending particulars, shall be granted only by a judge, and
upon affidavit.
23. A defendant shall be allowed the same time for
pleading, after the delivery of particulars under a judge's
or prothonotary's order, which he had at the return of the
summons ; nevertheless, judgment shall not be signed until
the day after the delivery of particulars, unless otherwise
ordered by a judge, and the judge may order further time.
Summona for
l^artioulars.
Time to plead
after delivery
of particulars.
Judgment by
deliiult.
Appearance.
After time for
pleading elap-
sed and oefore
judgment.
Parties admit-
ted to defend
ftcrHnal judg-
ment.
Judgment by
default where
particulars not
given.
Assessment of
damages where
default marked.
APPEARANCE AND JUDGMENT FOR NON-APPEARANCE.
24. In case of non-appearance, where particulars are
annexed or endorsed, the plaintifi" may, after the time for
appearance has elapsed, sign final judgment, which may be
entered in the form given in appendix A, number 7, and on
which no proceeding in error shall lie, for any sum not
exceeding the siim mentioned in the particulars, with in-
terest, at the rate specified, if any, to the date of judgment
and taxed costs; but the plaintiif shall not, in such case, be
entitled to recover any sum beyond the aum so mentioned,
wiA interest and costs.
25. A party may appear at any time before judgment by
default, and if he appear after the time specified in the writ
of summons, he shall, after notice of such appearance to the
plaintiff or his attorney, as the case n>ay be, be in the same
position, as to pleadings and other proceedings in the action,
as if he had appeared in time ; provided always, that a
defendant appearing after the time appointed by the writ,
shall not be entitled to any further time for pleading or any
other proceedings, than if he bad appeared within such
appointed time.
26. It shall be lawful for the court or a judge, either
before or at any time within one year after final judgment,
to let in the defendent to defend upon an application sup-
ported by satisfactory affidavits, accounting for the non-
appearance, and disclosing a defence upon the merits.
27. In case of non-appearance, where the particulars are
not given, judgment by default may be signed at the expi-
ration of the time for appearance, but no costs shall be
allowed in respect of assessment of damages unless it appear
that the plaintiff could not conveniently furnish the parti-
culars at the time of the issue of the writ.
28. In actions for the recovery of debts, where a judg-
ment for default has been marked, the court or a judge, may
assess the damages on competent evidence in writing, or
viva voce ; and the attendance of witnesses and production
of documents before the court or a judge may be enforced
by subpoena, in the same manner as upon the trial of a cause
TITLE XXXVI.] PLEADINGS AND PEACTICE. 491
before a jury. Upon such assessment, signed by the judge Chap. 134.
or prothonotary, being filed, the costs in the action may be
taxed, and final judgment entered thereon.
29. Either party, upon due application to the court, or a Jury may be
judge, may have the assessment made by a jury, or, at any ortoeaf*^ °'
assessment to be made before the court, if the court should
think fit, by a special jury ; and at any assessment before a
judge, he may order such assessment to be made by a
jury-
pearance
30. The defendant shall appear and plead withi'ji four Appean
days after the time specified in the writ for his a"ppear- fo". ^^^^' '""**
ance. \
31. Every writ by which an action is commenced, Noioe to ap-
except in ejectment, shall be endorsed with the notice in endjrsed ra^"
the form in appendix A, number 8. ^"''
32. Every appearance by the defendant, in person, shall Appearance by
contain an address, at which it shall be sufficient to leave person^"* '°
all pleadings and other proceedings not requiring personal
service ; and if the address be not given, the plaintiff may^?>'Tice of piea-
proceed by sticking up the^ proceedings in the prothorioydan^^'^earing
tary's office, without further service, until the true address '" p^"""-
be given.
33. In any action brought against two or more de^n- When one of
dants, where the writ of summons is endorsed in the sp^ialj.dant™oniy*a'p-
form hereinbefore provided, if one or more of the defen-.'P®""-
dants shall only appear, and another or others of them shall'
not appear, it shall be lawful for the plaintiff to sign judg-
ment against such defendant or defendants only as shall not '
have appeared, and to issue execution thereupon, in which '\,
case he shall be taken to have abandoned his action against
the defendant or defendants who shall have appeared, and
such defendant or defendants shall be entitled to their costs ;
or the plaintifi" may, before issuing such execution, proceed
against such defendant or defendants as shall have appeared,
stating, by way of suggestion, the judgment obtained against
the other defendant or defendants who shall not have ap-
peared, in which case the judgment so obtained against the
defendant or defendants who shall not have appeare4, shall
operate and take effect, whether the plaintiff succeeds
against the other defendant or defendants or not.
34. It shall not be necessary to file warrants of attorney ^roseoStlor'd*;
to prosecute or defend. f^^ unnecessa
35. Common bail is abolished, and 'the appearance shall common bau
be in the form in appendix A, number 9. abolished.
JOINDER OP PARTIES.
36. The joinder of too many plaintiffs shall not be fatal ^aS'''"'iaiQy^
to any action, but the plaintiff or plaintiffs entitled may ™*°^p
recover.
37. The defendant, in any action in which there is more setoff agamat
than one plaintiff, on pleading a set off may obtain the bene- periy joined. '^''"
492
PLEADINGS AND PEACTICE.
[PAET III.
Non-joinder of
plaintiff.
How amended.
Too many de-
fendants.
CiiAP. 134. fit of the set off on proving, either that all the parties
named as plaintiffs are indebted to him, notwithstanding
that one or more of such plaintiffs was or were improperly-
joined, or on proving that the plaintiff or plaintiffs, or any
or either of them who establish their right to maintain the
action, was or were indebted to him.
38. The non-joinder of a person as plaintiff in an action
on contract, shall be a variance to be amended at, or at any
time before the trial by the court or a judge, if it shall
appear that such non-joinder was not for the purpose of
obtaining an undue advantage, and that injustice would not
be done by amending, and that the omitted party consent to
be joined as a co-plaintiff; provided, however, that no such
amendment shall be made if the defendant shall, at or before
the time of pleading, have given notice to the plaintiff that
he objects to such non-joinder.
39. In case such notice be given, or any plea of non-
joinder be pleaded, the plaintiff shall be at liberty to amend
the writ and other proceedings, by adding the name of the
person alleged to have been improperly omitted as plaintiff,
on payment of costs, and with liberty for the defendant to
plead anew.
40. Where too many defendants are joined in an action
on contract, the plaintiff shall be at liberty to recover
against such defendant or defendants as appear to be liable,
and the other defendants shall be acquitted with like pro-
visions respecting set off, and evidence as in the case of too
many plaintiffs, and the defendants so acquitted shall be
entitled to their costs.
41. Upon a plea in abatement of non-joinder of a con-
tractor as defendant, the plantiff may amend his writ, serve
the amended writ on the added defendant, and proceed
against both, and the date of such amendment shall, as
between such added defendant and the plaintiff, be con-
sidered the commencement of the suit. '
42. In such case, if upon the trial of the cause, it shall
appear that the added defendant was jointly liable with the
original defendant, the original defendant shall be entitled
to the costs of th<S;plea in abatement and amendment; but
if at the trial it sh&l appear that the plaintiff cannot main-
tain his action against the original and added defendants,
but can maintain his action against the original defendant
alone, the added defendant shall be acquitted with costs,
and the plaintiff shall be entitled ro recover against the
original defendant with costs, including those of the plea in
abatement, and such costs as the plaintiff may have to pay
the added defendant.
43. In any action brought by a man and his wife, for an
injury to the wife, in respect of which she is a necessary
plaintiff, there may be joined claims by the husband alone,
but in the case of the death of either plaintiff, the suit so.
Plea in abate-
ment of non-
joinder.
Costs.
In actions by
husband and
wife, claims of
husband alone
may be joined.
TITLE XXXVI.] PLEADINGS AND PRACTICE. 493
far only as relates to the causes of action, if any, which do Chap. 134.
not survive, shall abate.
44. The death of a plaintiff or defendant shall not cause Death of par-
the action to abate, but it may be continued in manner and ''^^'
under the restrictions hereinafter mentioned.
45. If there be two or more plaintiffs or defendants and of one of seve-
one or more of them should die, if the cause of such action ^^ ^'^'^ '^^'
shall survive to such surviving plaintiff or plaintiffs, or
against the surviving defendant or defendants, the action
shall not be thereby abated, but such death being suggested
upon the record, the action shall proceed at the suit of the
surviving plaintiff or plaintiffs against the surviving defen-
dant or defendants.
• 46. In case of the death of a sole plaintiff, or sole sur- of sole plaintiff,
viving plaintiff, the legal representative of such plaintiff
may at any time within two years after such death, by leave
of the court or a judge, enter a suggestion of the death, and
that he is such legal representative, and the action shall
thereupon proceed ; and if such suggestion be made before
the trial, the truth of the suggestion shall be tried thereat,
together with the cause of action of deceased plaintiff ; and
such judgment shall follow upon the verdict in favor of, or
against the person making the suggestion, as if such person
were originally the plaintiff.
47. In case of the death of a sole defendant or sole sur- of sole defen
viving defendant, where the action survives, the plaintiff ^° '
may make a suggestion, either in any of the pleadings if
the cause has not arrived at issue, or in the issue, if it has
so arrived of the death, and that a person named therein is
the executor or administrator of the deceased, and may
thereupon serve such executor or administrator with a copy
of such writ and suggestion, and with a notice signed by
the plaintiff, or his attorney, requiring such executor or
administrator to appear and plead within twelve, eighteen,
or twenty-five days, as the case may be, after service of the
notice ; and that in default of his so doing, the plaintiff may
sign judgment against him as such executor or administrator,
and the same proceedings maybe had in case of non-appear-
ance and plea, after such notice as upon a writ against such
executor or administrator, in respect of the cause for which
the action was brought ; and in case no pleadings have
taken place before the death, the suggestion shall form part
of the declaration, and the declaration and suggestion may
be served together, and the new defendant shall plead there-
to at the same time, and in case the plaintiff shall have ser-
ved his declaration, but the defendant shall not have pleaded
before the death, the new defendant shall plead at the same
time to the declaration and suggestion, and in case the de-
fendant shall have pleaded berore the death, the new defen-
dant shall be at liberty to plead to the suggestion, only by
way of denial, or such plea as may be appropriate and ren-
494 PLEADINGS AND PEACTICE, [PART lU,
Chap. 134. dered necessary by his character of executor or administra-
tor, unless, by leave of the court or a judge, he should be
permitted to plead fresh matter, in answer to the declaration,
and in case the defendant shall have pleaded before the
death, but the pleadings shall not have arrived at issue, the
new defendant, besides pleading to the suggestion, shall
continue the pleadings to issue in the same manner as the
deceased might have done, and the pleadings upon the
declarations, and pleadings upon the suggestion shall be
tried together, and in case the plaintiff shall recover, he
shall be entitled to the like judgment, in respect of the debt
or sum sought to be recovered, and in respect of the costs,
prior to the suggestion, and in respect of the costs of the
suggestion and subsequent thereto, as in an action origi-
nally commenced against the executor or administrator.
The death of 48. The death of either party, between the verdict and
between verdict the judgment, shall not hereafter be alleged for error, so as
and judgment, guch judgment be entered within two terms after such
verdict.
Of plaintiff 49. If the plaintiff in any action happen to die after an
tory'and°before intcrlocutory judgment, and before a final judgment obtained
final judgment, therein, the action shall not abate by reason thereof, if such
action might be originally prosecuted or maintained by the
executor or administrator of such plaintiff; and if the defen-
dant die, after such interlocutory judgment, and before final
judgment obtained therein, the action shall not abate, if
such action might be originally prosecuted or maintained
against the executor or administrator of such defendant, and
the plaintiff, or if he be dead after such interlocutory judg-
ment, his executors or administrators may have a writ of
revivor against the defendant, if living, after such interlo-
cutory judgment, or if he be dead, then against his execu-
tors or administrators, to shew cause why damages in such
action should not be assessed and recovered by him, or
them ; and if such defendant, his executors, or- administra-
tors sliall appear at the return of such writ, and not show
or allege any matter sufficient to arrest final judgment, or
shall make default — damages shall be thereupon assessed as
hereinbefore provided ; and upon the return of the writ or
delivery of the order, with the amount endorsed thereon,
judgment final shall be given for the plaintiff, his executors,
or administrators, prosecuting such writ of revivor against
such defendant, his executors, or administrators respec-
tively.
Marriage of a 50. The marriage of a woman, plaintiff or defendant, shall
«ff"or°ie^fln-°" ^0*^ cause the action to, abate, but the action may notwith-
dant. standing, be proceeded with to judgment, and such judg-
ment may be executed again^ the wife alone, or by sugges-
tion or writ of revivor, pursuant to this act, judgment may
be obtained against the husband and wife, and execution
issue thereon, and in case of a judgment for the wife,
TITLE XXXVI.] PLEADINGS AND PRACTICE. 495
execution may be issued thereupon by the authority of the Chap. 134.
husband, without any writ of revivor or suggestion, and '
if in any such action, the wife shall sue or defend by attor-
ney, appointed by her when sole, such attorney shall have
authority to continue the action or defence, unless such
authority be countermanded by the husband, and the attor-
ney changed according to the practice of the court.
QUESTIONS EAISED BY CONSENT WITHOUT PLEADING.
51. The parties, after writ issued, may, by leave of the ^'^^^^es and
court or a judge, state any question for trial, which they
may think fit, without any pleadings, and with or without
an agreement ; that according as it may be determined an
agreed sum of money, or a sum to be ascertained by the
jury, shall be paid, and as to payment of costs.
52. Upon such finding, judgment may be entered, and Jaflgment.
the proceedings recorded.
53. Questions of law, after writ issued, may be stated Questions of
for the opinion of the court, without pleading, and with "'"^
similar agreements as to money and costs to be recovered,
and with or without an agreement to bring errors, which
may be brought when agreed.
PLEADING.
54. Every declaration, whether in the body of the writ Declaration,
or annexed, and subsequent pleadings wliich shall clearly ™ '
and distinctly state all such matters of fact as are necessary
to sustain the action, defence, or reply, as the case may be,
shall be sufficient, and it shall not be necessary that such
matters should be stated in any technical or formal lan-
guage or manner, or that any technical or formal statements
should be used.
55. All statements which need not be proved, such as immaterial
the statement of time, quantity, quality and value, where to%e"miited.'
these are immaterial, that of losing, and finding, and bail-
ment in actions for goods or their value ; the statement
of acts of trespass having been committed with force and
arms, and against the peace of our lady the queen ; the
statement of promises which need not be proved, as pro-
mises in indebitatus counts and mutual promises to perform
agreements and the like statements, shall be omitted ; and
when any clearly unnecessary statement is made, or any
statement is made with unnecessary prolixity, as for instance,
where evidence of the fact is pleaded instead of or as well
as the matter of fact itself, or otherwise, it may be struck
out or amended by the court or a judge with or without
costs.
56. In summary causes where the plaintifi" claims less No plea in Bum.
than twenty pounds, the defendant shall not be required to """^ <»«Be»'
file or serve a written plea but he shsill serve a written
notice of appearance, [in which he shall state briefly the
496 PLEADINGS AND PRACTICE. [PART III.
Chap. 134. grounds of his defence, and, if he means to rely upon a sett
off, he shall serve the plaintiff or his attorney with the par-
ticulars thereof.]
Change of 57. No venue shall be changed without a special order
Tenue. ^f ^^le court or a judge, unless by the consent of the
parties.
No Tenue in 58. The name of the county in the writ shall in all cases
body of writ, ^^q taken to be the venue intended by the plaintiff, and no
venue shall be stated in the body of the writ or declaration,
or in any subsequent pleading ; provided that in cases
where local description is now required, such local descrip-
tion shall be given.
Demurrer to 59. Either party may object by demurrer to the plead-
p ea ing3. ^^^^ ^^ ^^^ adverse party, on the ground that such pleading
does not set forth sufficient ground of action, defence, or
reply as the case may be ; and where issue is joined on
demurrer, the court shall proceed and give judgement
according as the very right of the cause and matter in law
shall appear unto them, without regarding any imperfection,
omission, defect in, or lack of form ; and no judgment shall
be arrested, stayed, or reversed for any such imperfection,
omission, defect in, or lack of form.
Defects in form, 60. Except in the cases hereinafter particularly men-
omisaiona, &c. tiongfj^ ^o pleading shall be deemed insufScient for any
defect now objectionable on special demurrer only.
Dupioiity, ar- 61. Duplicity, argumentativeness, and uncertainty, shall
nesTunoertain- ^^ °° longer grouuds of objection to a pleading, unless the
ty. ' effect of such duplicity, argumentativeness, or uncertainty
shall be to embarrass the opposite party ; but if any plead-
ing by reason of duplicity, argumentativeness, or uncer-
taintj^, shall be so framed as to embarrass or mislead the
opposite party, it shall be competent to the latter to apply
to a judge to have such pleading amended, which applica-
tion shall be by summons, wherein the party shall state the
particular ground of objection, and require that the pleading
be amended.
Amendment, 62. Upou the hearing of such summons, if the judge
St'off ""** shall be of opinion that the objection is well founded, and
that the pleading is, in the matter objected to, so pleaded as
to embarrass or mislead the opposite party, he may order
the party pleading to amend in such manner as he may
direct upon payment of costs ; and in the event of such
amendment not being made within a limited time, the party
complaining shall be at liberty to demur, but if the judge
shall not be of such opinion, he shall dismiss the summons
with costs, and the party complaining shall have no further
right of objection as to the point mentioned in the summons,
or as to any other point of duplicity, argumentativeness, or
uncertainty,
red by two last 63. The powers conferred upon a judge under the two
eroisedbyoourt last sections, may be exercised by the court.
TITLE XXXVI.] PLEADINGS AND PRACTICE. 497
64. A demurer on any such ground shall state that it is Chap. 134.
pleaded by leave, and shall repeat the objection taken in the Demurrer fueci
summons and that only. ^
65. Upon the argument of such demurrer the court shall Judgment on
give judgement according to the validity or invalidity of ^^™""''"'-
the specified objection and the substance of the pleading.
66. The form of a demurrer shall be as follows : Form of,
The plaintiff [or defendant] by his attorney, [or
inpe^'son] says that the declaration [or plea, <fcc.] is bad in
substance, for the folloAving reasons, viz.^
67. The form of a joinder in demurrer, in all other cases Form of joinder,
shall be as follows :
The plaintiff [or defendant] says that the declaration [or
plea, &c.] is good in substance.
68. In every demurrer some matter of law intended to Matters of law
be argued shall be stated; and if any demurrer shall ^g '" '"^ ^''''''"*-
delivered without such statement, or with a frivolous state-
ment, it may be set aside as irregular by the court or a
judge, and leave may be given to sign judgment as for
want of a plea ; but the party demurring, may, at the time
of the argument, insist upon any further matters of laAv,
which have been added to the demurrer by a judge's order.
69. No rule for joinder in demurrer shall be required, Demand of join-
but the party demurring may demand a joinder in demurrer ; fo//uief ''"'^*^
and the opposite party shall be bound within ten days after
such demand to deliver the same, otherwise judgment.
70. The court or a iudge shall, in all cases, have power Frivolous or
/ X VGXiltiOU.S
to set aside frivolous or vexatious pleadings, and pleadings amended piead-
colourably amended, in pretended compliance with a judge's '"^^'
order to amend.
71. All statutory enactments allowing parties to plead General issue
the general issue or other general plea, and to give special abolisiied!
matter in evidence, under such plea, are repealed.
72. The forms contained in schedule B, shall be sufH- Forms,
cient, and those and the like forms may be used, with such
modifications as may 'be necessary to* meet the facts of the
case ; but nothing herein contained shall render it errone-
ous or irregular to depart from the letter of such forms, so
long as the substance is expressed without prolixity.
73. In all actions upon bills of exchange and promissory Pieas-
notes, pleas that the defendant " never was indebted," or i^?ifa''*^rex"'"'°
" did not promise as alleged," shall be inadmissable. In change,
such actions therefore, a plea in denial must traverse some
ma,tter of fact : for example, the drawing, or making, or en-
dorsing, or accepting, or presenting, or notice of dishonor
of the bill or note.
74. In every species of actions on contracts, all matters on contraota.
in confession, and avoidance, including not only those by
way. of discharge but those which show the transaction to
be either void or , voidable in point of law on the ground
of fraud or otherwise, shall be specially pleaded : for exam-
498
PLEADINGS AND PRACTICE.
[PART in.
On policies of
assurance, &e.
On speoisklities.
Chap. 134. pie, infancy, coverture, release, payment, performance, ille-
gality of consideration, either by statute or by common law,
drawing, endorsing, accepting, &c., bill or note by way of
accommodation, set off, mutual credit, unseaworthiness, mis-
presentations, concealment, deviation, and various other
defences, must be pleaded.
75. In actions on policies of assurance, the interest of
the assured may be averred thus : — " That A. B. C. and
D. [or some or one of them] were or was interested," <fec.
And it may be algo averred, " that the insurance was made
for the use and benefit and on the account of the person or
persons so interested."
76. In actions on specialities and covenants, the defen-
dant's plea that the alleged deed is not his deed shall operate
as a denial of the execution of the deed in point of fact
only; and all other defences shall be specially pleaded, inclu-
ding matters which make the deed absolutely void as well
as those which make it voidable.
77. The plea of " nil debet" shall not be allowed in any
action. ~^' yt^ci.c.^^ti^-i-^-',-^.^^ ^
78. All matters in confession and avoidance shall he
pleaded specially as above directed in actions on simple
contracts.
79. Payment shall not in any case be allowed to be
given in evidence in reduction of damages or debt unless
the same shall be pleaded in bar.
80. In actions for wrongs independant of contract a plea
that the defendant did not do which is complained of by
the plaintiff, shall operate as a denial only of the breach of
duty, or wrongful act, alleged to have been committed by
the defendant, and not of the facts stated in the inducement,
and no other defence than such denial shall be admissable
under that plea. All other pleas in denial shall take issue
on some particular matter of fact alleged in the writ or
declaration ; and all matters in confession or avoidance shall
be pleaded specially as in actions on contracts.
81. In actions for trespass to land, a plea that the defen-
dant did not commit the trespass complained of shall operate
as a denial that the defendant committed the trespass alleged
in the place mentioned, but not as a denial of the plaintiff's
possession or right of possession of that place, which, if
intended to be denied, must be traversed specially.
82. In actions for taking, damaging, or converting the
plaintiff's goods, a plea denying the defendant's having com-
mitted the Avrong alleged by taking, damaging, or converting
the goods mentioned, shall not operate as a denial of
the plaintiff's property therein, which, if intended to be
denied, must be traversed specially.
83. There shall be no further pleadings after the plea of
the defendant, except a demurrei*thereto, or a replication to
a plea of set off, or plea of matter occurring subsequently
•Nildetet."
Matters inooD'
fessiou.
Payment.
Actions for
wrongs.
For trespass.
Tot taking
goods, &c.
No ftirther
pleadings.
TITLE XXXVI.] PLEADINGS AND PRACTICE.- 499
to the commencement of the action, unless by the special Chap. 134.
leave of the court, or a judge, or an application to allow ~ '
such fiirther pleading, which shall only be allowed in case
the real question or questions, whether of fact or law be-
tween the parties, cannot conveniently be raised and put in
issue by the amendment of the previous pleadings ; and
- where there is no replication the plaintiff shall be taken to
have joined issue on the defendant's pleas.
84. Express colour, profert, oyer, and special traverses, Express color,
are abolished. ' iaf&iT/d.
85. Each party shall be entitled to demand of the other inspoetion of
a copy or inspection, or both copy and inspection, in whole pfe^s^may be de-
or in part, of any deed, agreement, bill, or other written ™^"'^®'^-
document, mentioned or referred to in his pleading, or in
any paper therein referred to, or whereof inspection could
be ■obtained by a bill of discovery ; and in the event of such
copy nut being delivered, or such inspection not being
granted, shall be entitled to apply to the court or a judge
far an order for such copy or inspection, or both, as the
court or a judge may -think fit.. ■:■
86. Such demand, summons, or order, shall be no stay Suoh demand to
, of proceedings, unless specially ordered; and the court or proo'eedingl "'^
a judge may impose such conditions for enforcing obedience
.thereto as may be deemed right.
87. A party pleading in answer to any pleading in which Documents set
such document is mentioned or refered to, shall be at liberty tags.™ ^^^'^^'
to set o"ut the whole, or such part, or the substance thereof,
as may be material ; and the matter so set out shall be
deemed and taken to be part of the pleading in which it is
set out.
88. A plaintiff or defendant may aver performance of Averment of
conditions precedent generally, and the opposite party shall anl°l^iah
not deny such averment generally, but shall specify the con-
dition or conditions precedent the performance of which he
intends to contest.
89. The general issue is abolished, and every pleading General issue
shall specify, particularly and concisely, the facts intended * ° '^ ^ ■
to be denied.
90. The rule to plead, and the demand of plea shall be Rule to plead
abolished, and the notice to plead, which may be endorsed piea aboUshed.
on the writ, or declaration, or delivered separately, shall be '
alone retained.
91. With any amended declaration, plea^ or subsequent Notice to plead,
pleading, delivered in any cause in term or vacation, a "'
notice to the following effect may be endorsed : " Ten days
are given to the plainti^ or defendant to plead reply, &c. in
the cause" ; and thereupon, if the party thus notified shall
neglect to file his plea, replication, rejoinder, or other plead-
ings, as the case may be, within ten days from the time of
service of such notice, and to deliver a copy of the same to the
opposite attorney, the party giving such notice shall, aifterthe
32
500
PLEADINGS AND PEACTICE.
[PAET III.
Chap. 134. expiration of that time be at liberty, being plaintiff in the
cause, to mark a default as for want of plea ; or, being de-
fendant, to sign judgment of non pros : provided, however,
that the court or a judge may, upon application, grant fur-
ther time to plead; and may also, upon proper cause alleged
and verified, order such default or Tion pros to be set aside,
upon such terms as shall be thought reasonable and just : '
and provided also, that the court or any judge thereof may,
in such cases as require it, give a rule or order to plead,
reply, &c., within any shorter period than ten days.
92. Two or more counts may be added for the same
cause of action, and several pleas, replications, and subse-
quent pleadings may be pleaded, but no costs shall be
allowed for any count or other pleading which may appear
to the judge unnecessary. The costs of all issues shall be
borne by the party against whom they are found, and the
jury shall be required to find the truth on each issue.
93. No entry of continuances, by way of imparlance,
curia advisari vult, vice comes non misit breve, or otherwise,
shall be made upon any record or roll whatever, or in the
pleadings ; but in all cases in which a plea puis darrein con-
tinuance is now by law pleadable, the same defence may be
pleaded with an allegation that the matter arose after the
last pleading, or the issuing of the jury process, as the case
may be.
94. Any defence arising after the commencement of any
action, shall be pleaded according to the fact, without any
formal commencement or conclusion, and any plea which
does not state whether the defence therein set up arose
before or after action, shall be deemed to be a plea of mat-
ter arising before action.
95. In ejectment and in trespass qua/re claiisum fregit,
the property shall be described by metes and bounds, or
other certain designation.
96. In any action for trespass to a person or property,
the defendant shall be entitled to particulars, identifying the
cause of action for which the plaintiff is proceeding, and
the pla,intiff to particulars of any justification pleaded by
the defendant, and the judge may order plans of the place
in question to be exchanged between the parties.
97. No new assignment shall be pleaded unless by leave
of the court or a judge.
98. No plea which has already been pleaded to the decla-
ration, shall be pleaded to a new assignment, except a plea
in denial, unless by leave of the court or a judge, and such
leave shall only be granted upon satisfactory proof that the
repetition of such plea is essential to a trial on the merits.
99. In actions of libel and slander, the plaintiff may
aver that the words or matter complained of, were used in
a defamatory sense, specifying such defamatory sense, with-
out any prefatory averments to ghew how such words or
Several counts
for same cause
of aetioQ.
Costs.
New defence
arising after
last pleading.
Entry of con-
tinuances, &c..
abolished.
How pleadable.
Ejectment and
trespass quare
clausum iregit,
description.
Trespass, defen-
dants may de-
mand particu-
lars.
New assign-
ment.
Flea.
Libel and slan-
der.
TITLE XXXVI.] PLEADINGS AND PBACTICE. 501
matter were used in that sense, and such averments shall Chap. 134.
be put in issue by the denial of the alleged slander or libel ;
and where the words or matter set forth, with or without •*^»orments,
the alleged meaning, shew a cause of action, the declaration
shall be sufficient.
100. In actions of slander, the precise words need not siandac.
be proved as stated, provided the defamatory matter itself
shall be substantially proved, nor shall it be necessary to Proof,
aver, or prove special damage, where it shall appear that
the words were defamatory, and were spoken falsely and
maliciously,
■ 101. In all personal actions, except actions for malicious compenaatioa
arrest or prosecution, criminal conversation, or debauch- personia''^-'*
ing the plaintiff's daughter or servant, the defendant may tions.
pay into court a sum of money, by way of coB!g)ensation or
amends, without any rule or judge's order for 'that purpose,
except in the case of one or more of several defendants,
when such leave must be obtained, and may be granted, on
such terms as the court or a judge may think fit.
102. When money is paid into court, such payment shall Payment of mo-
be pleaded in all cases, and in any stage of the cause, as to ba'piiaded."^'
near as may be in the following form :
The defendant, by , his attorney, [or in person,']
Ijf pleaded to part, say as to £— - — , parcel of the money
'daimed,] brings into court the sum of £ , and says that
the said sum is enough to satisfy the claim of the plaintiff,
in respect of the matter herein pleaded to.
103. When money is paid into court, the same shall be How paid m
paid to the proper officer, who shall give a receipt for the ^°^ reoeireii
amount in the margin of the plea, and the same shall be
paid out to the plaintiff or his attorney on demand.
104. The plaintiff after delivery of a plea of payment of Repiioation t»
money into court, shall be at liberty to reply to the same '" ^^^'
by accepting the sum so paid into court, in full satisfaction
and discharge of the cause of action in respect of which it
has been paid in, and he shall be at liberty in that case to
tax his costs of suit ; and in case of non-payment thereof,
within twenty-four hours, to sign judgment for his costs of
suit so taxed ; or the plaintiff may reply that the sum paid
into court is not enough to satisfy the claim of the plain-
tiff in respect of the matter to which the plea is pleaded ;
and in the event of an issue thereon being found for the
defendant, the defendant shall be entitled to his judgment
and costs.
105. No rule or order for further time to plead shall be Time to plead,
granted, unless the grounds of such application be disclosed
by affidavit, and it shall then rest with the court or a judge,
in their discretion, to grant such rule under the special cir-
cumstances of each particular case.
106. It shall be imperative on the party, plaintiff or Filing piend,
defendant, to deliver to the opposite party, or his attorney, '''^'
502
PLEADINGS AND PRACTICE.
[part m.
Chap. 134.
ah pleadings to
be signed} coun-
sel's signature
unnecessary.
Plea, not to be
waived without
leave.
Set ofi; mutual
debts.
Pleas in bar,
(tc, formal
parts abolished.
Formal defence
unnecessary.
Second and
other pleas to
be pleaded
witnout leave.
One plea or re-
plication to se-
veral counts or
pleas allowa-
ble.
Bankrupts or
insolTonts. ac-
tions against.
Cisconiliiill-I
once.
as well as to file all pleadings within the time limited
therefor.
107. It shall not be necessary to have a counsel's signa-
ture to any pleading, but all pleadings shall be signed with
the name of the party or his attorney.
108. The defendant shall not be at liberty to waiye his
plea without leave of the court or a judge.
109. Wherever there are mutual debts in the same right,
one debt may be set off against the other, although such
debts may be deemed in law to be of a different nature.
110. In a plea or subsequent pleading, intended to-be
pleaded in bar to the whole action generally, it shall not be
necessary to use any allegation of actionem non, or to the
hke effect, or any prayer of judgment, nor shall it be neces-
sary, in any replication or subsequent pleading intended to
be pleaded in maintenance of the whole action, to use any
allegation ofprecludi non, or to the like effect, or any prayer
of judgment ; and all pleas, replications, and subsequent
pleadings, pleaded without such formal parts, shall Jje taken,
unless otherwise expressed, as pleaded respectively in bar
or in maintenance of the whole action ; provided that
nothing herein contained shall extend to cases where an
estoppel is pleaded.
111. No formal defence shall be required in a plea, and
it shall commence as follows : The defendant by , his
attorney, [or inj)erson,] says that - — — .
112. It shall not be necessary to etate in a second or
other plea, or avowry, or cognizance, that is pleaded by
leave of the court, or according to the form of the statute,
or to that effect, nor shall such leave be required.
113. Where there are two or more counts substantially
for the same cause of action, or two or more pleas raising
substantially the same defence to the same cause of action,
the defendant or plaintiff may, on suggesting the fact in his
plea or replication, plead a single plea or replication to
such counts or pleas, and when the opposite party insists
that the cause of action or defence is not the same, he may
apply to the court or a judge, who may set aside the plea
or replication on such terms, or make such other order as
shall appear to be right or just.
114. In all actions by and against the assignees of a
bankrupt or insolvent, or executors, or administrators, or
persons authorised by act of parliament to sue or be sued
as nominal parties, the character in which the plaintiff or
defendant is stated on the record to sue or be sued, shall
not in any case be considered as in issue, unless specially
denied.
115. The plaintiff may discontinue at any time by fihng
either a discontinuance or a rule therefor, and thereupon
the defendant may at once tax his costs of defence and
enter judgment therefor.
TITLE XXXVI.J PLEADINGS AND PEACTICE. 503
116. Either party may, by leave of the court or a judge, Chap. 134-.
plead and demur to the same pleading at the same time, and Parties may
it shall be in the discretion of the court or a judge which Pj™J!:??l?™Y
I. n 1 /? i. j' J ^ JO to same plead-
isaue shall be first disposed oi. me-
117. Different causes of action, of whatever kind, except nifferent causes
,1 ... ,.™ J. i- 1 ■ • 1 • of aetion may
local causes arising m diilerent counties, may be joined m bejoiaed.
the same suit, provided they be by and against the same
parties and in the same rights ; but the court or a judge
shall have power to prevent the trial of different causes of
action together, if such trial would, in their judgment, be
inexpedient, and in such case ma,y order separate issues to
be made up and separate trials to be had.
118. All notices o-iven in the progress of a cause be- Notices reoei-
VGQ, ill CTlCLfilLCS
tween the attornies, shall be received in evidence on an
affidavit of the service thereof made by the attorney or his
clerks, .specifying the time and mode of such service.
VIEW.
119. View by jury is abolished, unless the judge on the ^i«^-
trial sh*ll think the same advisable, in which case the whole
.jury shall, after being sworn, view the premises, and the
judge may, in such case, for the purpose of the view, post-
' pone further proceedings in the trial until such view can
; be had, but such postponement shall not be made for so long
a time as to prevent the trial at the same term or sittings.
ESECUTION.
120. Writs of execution shall be, as near as may be, in Execution; re
the form heretofore used, and shall be made returnable, ' - ,
• either in sixty days, or to a particular return day.
121. It shall be competent for the party suing out the To_be^exeeut«d
writ, to direct by endorsement in what manner it is to be direction endor-
executed, which direction the officer shall obey, and the ^^'^•
p&rty sliall in all cases, specify upon the face of the writ,
or by endorsement, for what amount it is to be levied.
122. No execution shall issue on a judgment until the when issuable.
bill of costs and record, or in a summary cause the bill of
costs only, be filed.
123. When any member of the provincial parliament, Against m. p.p.
* being taken under execution, shall be released by reason of •
■ his privilege, he may be taken under a new writ after the
expiration of such privilege. _ '
124. Current gold and silver coin may be taken in coin,
execution, and may be paid to the creditor as money col-
lected.
125. Provincial and bank notes, and all bills or evidences Banic^no^es and
of debt issued by any corporation, and circulated as money, ^®°'^" '^°'
may be taken in execution, and paid to the creditor at their
par value as money collected, if he will accept them, other-
wise they shall be sold as other chattels. _ ^^^
126. The necessary wearing apparel and bedding of the emptTd.'''"'
504 PLEADINGS AND PEACtlCB. [PABT HI.
Chap. 134. debtor and his family, and the tools or instruments of his
trade or calling, and his last cow, shall be exempted from
execution.
To bind goods 127. No Writ of execution shall bind the goods of the
tu"ff7''^ defendant but from the time the writ shall be delivered to
the sheriff to be executed ; and the sheriff shall, upon the
receipt of the writ endorse thereon the. time at which
the same was received by him.
Interest on ^28. Judgments hereafter to be taken, sliall, in all cases,
ju gmen 3. ^^^^ interest, and the same may be levied for under execu-
tion.
Discharge from 129. A written Order, under the hand of the attorney iu
oastody. ^-^^ cause by whom any writ of execution shall have been
issued, shall justify the sheriff, jailor, or party in whose
custody the party may be under such writ, in discharging
such party, unless the party for Whom such attorney pro-
fesses to act shall have given written notice to the con-
trary, to such sheriff, jailor, or person in whose custody the
opposite party may be ; but such discharge shall not be
a satisfaction of the debt, unless made by the authority of
the creditor ; and nothing herein contained shall justify any
attorney in giving such order for discharge without the
consent of his client.
Satisfaction 130. All satisfaction pieces shall be signed by the plain-
pieces, ^jg. ^j. ^jg personal representatives, or by any attorney*
specially authorised for that purpose, unless any judge, upon
special circumstances set forth in an afiidavit, shall dispense
with such requisites. The satisfaction piece may be in the
form following :
In the supreme court, term, 18 — , satisfaction is
acknowledged between plaintiff, and defen-
dant, for and costs.
Judgment entered on the day of , in the year
of our liord one thousand eight hundred and .
SCIRE FACIAS.
Bxecution may 131. During the lives of the parties to a judgment, or those
years^ithout^ of them during whose lives execution may at present issue
revival. within a year and a day without a scire facias, execution
may issue without a revival of the judgment, at any time
within six years after the judgment.
Jndgment, how 132. In cases where it becomes necessary, by reason
either of the lapse of time, or of a change by death, or
otherwise, of the party entitled or liable to* execution,
the party alleging himself entitled to execution, shall be
allowed either to sue out a writ in the nature of a scire
Writ of revivor, ybscias, to be called a writ of revivor, according to the form
set forth in appendix A, number 10, or to apply to the court
suggoaiion. or a judge, for leave to enter a suggestion to the effect that
it manifestly appears to the court, that he is entitled to
execution of the judgment, and to issue execution there-
TITLE SSSVI.] PLEADINGS AND PEACTICE. 505
upon ; such leave to be granted by the court or a judge, Chap. 134.
upon a rule to show cause, or a summons to be served as at
present, or in such other manner as may be directed by
such court or a judge, which rule or summons may be in
the form given in appendix A, number 11 ; and upon such
application, in case it manifestly appears that the party
making the same is entitled to execution, the court or a
judge shall allow such suggestion to be entered in the form
given in appendix A, number 12, and execution to issue,
and order whether or not the costs of the application shall
, be paid by the applicant ; and in case it does not manifestly
so a{)pear, shall discharge the rule, or dismiss the summons
with or without costs, and the party applying shall, in such
case, nevertheless, be at liberty to proceed by revivor or
action, upon the judgment.
AMENDMENT.
133. The supreme court and every judge thereof, shall court or judge
at all times have the power of amending all defects and feets, &a.
errors in any proceeding in civil causes, whether there be
anything in writing to amend by or not, and whether the
defect or error be that of the party or not, and all such
amendments may be made with or without costs, as to the
court or a judge shall seem fit ; and all such amendments
as may be necessary for the purpose of determining in the
existing suit the real question in controversy between the
parties, shall be made.
134. The party against whom such amendment shall be Party dissatis-
made, if dissatisfied therewith, may apply to the court for ame^ment.
a new trial, on that ground, and the court shall thereupon
make such order as to a new trial, and the terms' on which
such new trial shall be granted, or such other orders as
they may deem reasonable.
135. In all such cases the judge, instead of causing the Amendment at
writ, pleadings, issue, roll, or document to be amended, may juiTge.^""^' "
direct the jury to find the facts according to the evidence,
and such finding shall be stated on the writ, issue, roll, or
document ; and if the judge shall deem such defect or error
immaterial to the merits of the case, and the misstatements
such as could not have prejudiced the opposite party, he
shall give judgement according to the justice of the case.
EJECTMENT.
136. Actions of eiectment shall be commenced by writ Commenoement
/. .Ill • ■ i? j.i_ J. of action ; pro-
or summons agamst all persons in possession oi the property ceedings In ae-
claimed, and shall in all cases be conducted as other other'aotions i
actions, and damages may be given for the plaintiff on trial, J^"Jj^^i^°' ^^ '
and on judgment by default the plaintiff shall be entitled to
costs, and the damages may be assessed, or form the subject
of a separate suit, at the plaintiff's option.
506 PLEADINGS AND PEACTICE. [PABT III.
Chap. 134. 137. The writ shall describe the property claimed with
Besoription of reasonable certainty. It shall also state the names of all
of partiesf"'^ the persons in whom the title is alleged to be, and there
Notice to ap- shall be thereon endorsed; a notice, that if the defendant
P®*"^- do not appear and defend the property sued for, or such
part thereof as he may think fit, within the time specified
in such notice, the plaintiff will be at liberty to sign judg-
ment at the expiration of such time, and that the defendant
Service of writ, niay thereupon be turned out of possession. The writ shall
be served in the same manner as other writs, or in such
manner as the court or a judge shall order, under any pecu-
vacant posaes- liar circumstances ; and in case of vacant possession, by
"™' posting up a copy thereof, upon the door of the dwelling
house, or other conspicuous part of the property.
Forms. 138. The following forms in ejectment shall be used,
,.viz : the writ appendix A, number 13 ; the notice endorsed
on writ appendix A, number 14 ; judgment for non-appear-
ance appendix A, number 1 5 ; judgment for plaintiif after
appearance and plea, appendix A, number 16 ; and where
other forms are requisite, they shall be assimilated to the
above. ^- ^« t_^=»^o-^^^v-.^^
Who may ap- 139. Any person shall be permitted ^o appear, on filing
^°*'^' an affidavit that he is in possession of the land, either by
himself or his tenant, or who would now be entitled to
appear, but the court or a judge shall have power to strike
out or confine defences, set up by persons not so entitled.
Plea, when con- 140. A plea not Confining the defence to a part of the
sidered defence ■ i n i • t tip j. _li i i
towiioie. premises, shall be considered a defence to the whole,
flefencemaybe l4li Any pcrsou appearing, shall be at liberty to limit
ofproperty^"''^' bis defence by plea to a part only of the property mentioned
in the writ, describing that part with reasonable certainty.
Plea substance 142. The plea shall be confined to a denial in whol« or
' °™ ■ in part of the plaintiff's right to the possession claimed, or
to a right of possession in himself with the plaintiff as ten-
ant in common with the plaintiff. The forms shall be those
in appendix A, numbers 17 and 18.
Plea ; want of l43. Want of reasonable certainty in the writ or plea,
oer am y in. gj^g^jj iqq|; nullify it, but Only be ground for application to
the court or a judge, for better particulars to the land
claimed or defended, which the cotirt or a judge shall have
power to give in all cases.
Mode of pro- 144. In case there be no appearance and plea within the
plVof proper- time appointed, or if an appearance be entered but the de-
ty undefended, fgu^g limited to part only, the plaintiff shall be at liberty to
sign judgment that the person whose title is asserted in the
writ shall recover possession of the land, or of the part
^ thereof to which the defence does not apply.
Issue. 145. In case an appearance and plea shall be entered,
either for the whole or part of the premises claimed, the
Trial. ^ase shall be considered at issue, and the parties may
proceed thereupon to trial as in other actions, and the ques-
TITLE XXXVI.] PLEADINGS AND PRACTICE. 507
tion at the trial shall, except m the cases hereinafter men- Chap. 134.
tioned, be, whether the statement in the writ of the title of
the claimant be true or false, in whole er in part, and if
true, then which of the claimants, if more than one, is enti-
tled ; and also, whether he is entitled to any, and what da-
mages for the wrongftil withholding of the said premises.
146. In case of such an action being brought by some Action for joint
or one of the several persons entitled as joint tenants, ten- fn Mmmo™ ot**
ants in common, or coparceners, any joint tenant, tenant in coparcener's.
common, or coparCetier in possession, may plead that he
defends as such, and admits the right of the claimant to an
individual share of tjie property, but denies any actual
ouster of him from the property ; and upon the trial of stich
an issue, the additional qiiestion of, whether an actual ouster
has taken place, shall be tried as at present in an action of
ejectment.
147. In case the title of the claimant shall appear to where piaAi-
have existed as alleged in the writ, and at the time of ser- pires before^"
vice thereof, but it shall also appear to have expired before ''"°'^'
the time of trial, the claimant shall, notwithstanding, be
entitled to a verdict according to the feet that he was so
entitled at the time of bringing the action and serving the
writ, and to a judgment for his costs of suit..
148. If the defendant appears, and the claimant does Non-appear-
Bot appear at the trial, the claimant shall be non-suited ; and party°at trial.
if the claimant appears and the defendant does not appear,
the claimant shall be entitled to refcover as heretofore, with-
out any proof of his title.
149. Upon any judgment in ejectment for the recovery Execution,
of possession and costs, there may be dither one writ, or
separate writs of execution for the recovery of possession
and for costs, at the election of the claimants.
150. The death of a claimant or defendant shall not Death of either
cause the action to abate, but it may be continued as here- ^*'^'^'
inafter mentioned.
151. In case the right of a deceased claimant shall sur- ^^4*"^!°;^°^
vive to another claimant, a suggestion may be made of the «nti.
death, which suggestion shall not be traversable, but shall
only bo subject to be set aside if untrue, and the action may
proceed at the suit of tHe surviving claimant; and if such
a suggestion shall be made before the trial, then the claim-
ant shall have a verdict, and recover such judgment as
aforesaid, upon its appearing that he was eiititled to bring
the action either separately or jointly with the deceased
claimant.
152. In case of the death before trial, of one of several ™g"ot'f|jJ
claimants whose right does not survive to another or others vive to other
of the claimants, where the legal representative of the de- "1'^™*°'^-
ceased claimant shall not become a party to the suit in man-
ner hereinafter mentioned, a suggestion may be made of the
death, which suggestion shall not be traversable, but shall
508
PLEADINGS AND PRACTICE.
[part in.
Chap. 134.
After verdict
and before exe-
cution.
Of 3ole clatm-
»nb( or of one of
several olaim-
anta before
trial.
Of a joint de-
fendant.
Of a sole defen-
dant, or all tlie
defendants.
only be subject to be set aside if untrue, and the action may
proceed at the suit of the surviving claimant, for such share
of the property as he is entitled to, and costs.
153. In case of a verdict for two or more claimants, if
one of such claimants die before execution executed, the.
other claimant may, whether the legal right to the property
shall survive or not, suggest the death in manner aforesaid,s
and proceed to judgment and execution for the recovery of-
possession of the entirety of the property and costs ; but
nothing herein contained shall effect the right of the legal
representative of the deceased claimant, or the liability of
the surviving claimant to such legal representative ; and
the entry and possession of such surviving claimant, under
such execution, shall be considered as an entry and posses-
sion on behalf of such legal representative, in respect of the
share of the property to which he shall be entitled as such
representative, and the court may direct possession to be
delivered accordingly.
154. In case of the death of a sole claimant, or before
trial of one of several claimants, whose right does not sur-
vive to another or others of the claimants, the legal repre-
sentative of such claimant, may, by leave of the court or
a judge, enter a suggestion of the death, and that he is such
legal representative, and the action shall thereupon pro-
ceed ; and if such suggestion be made before the trial, the
truth of the suggestion shall be tried thereat, together with
the title of the deceased claimant, and such judgment shall
follow upon the verdict in favor of, or against the person
making such suggestion as hereinbefore provided, with re-
ference to a judgment for or against such claimant ; and in
case such suggestion in the case of a sole claimant be made
after trial, and 'before execution executed by delivery of
possession thereupon, and such suggestion be denied by the
defendant within twelve days after notice thereof, or such
further time as the court or a judge may allow, then such
suggestion shall be tried, and if, upon a trial therefor, a ver-
dict shall pass for the person making such suggestion, he
shall be entitled to such judgment as aforesaid, for the
recovery of possession and for the costs of and occasioned
by such suggestion ; and in case of a verdict for the defen-
dant, such defendant shall be entitled to such judgment as
aforesaid for costs.
155. In case of the death before or after judgment of
one of several defendants in ejectment, who defend jointly,
a suggestion may be made of the death, which suggestion
shall not be traversable, but only be subject to be set aside
if untrue, and the action may proceed against the surviving
defendant to judgment and execution.
156. In case of the death of a sole defendant, or of all
the defendants in ejectment, before trial, a suggestion may
be made gf the death, which suggestion shall not be traver-.
TITLE XXXVL] pleadings AND PEACTICE. 509
sable, but only be subject to be set aside if untrue ; and the Chap. 134.
claimants shall, be entitled to judgment for recovery of pos-
session of the property, unless some other person shall
appear and defend, within the time to be appointed for that
purpose by the order of the court or a judge,to be made upon
the application of the claimants ; and it shall be lawful for
the court or a judge, upon such suggestion being made, and
upon such application as aforesaid, to order that the claim-
ants shall be at liberty to sign judgment within such time
as the court or a judge may think fit, unless the person then
in possession, by himself or his tenants, or by the legal
representative of the deceased defendant, shall, within such
time, appear and defend the action, and such order may be
served in the same manner as the writ ; and in case such
person shall appear and defend the same, proceedings may
be taken against such new defendant, as if he had originally
appeared and defended the action ; and if no appearance bo
entered, and defence made, then the claimant shall, be at
liberty to sign judgment pursuant to the order.
. 157. In case of the death of a sole defendant, or of all After verdict,
the defendants in ejectment, after verdict, the claimants
shall, nevertheless, be entitled to judgment as if no such
death had taken place, and to proceed by execution for
recovery of posession, without suggestion or revivor, and
to proceed for the recovery of the costs in like manner as
upon any other judgment for money against the legal repre-
sentative of the deceased defendant or defendants.
158. In case of the deathy before trial, of one of several ^\°^Y^^^t'
defendants in ejectment, who defends, separately, for a por- before trial, do-
tion of the property for which the other defendant or defen- tion'of pre-^""^"
dants do not defend, the same proceedings may be taken as ""'^^s-
to such portion as in the case of the death of a sole defen-
dant ; or the claimants may proceed against the surviving
defendants, in respect of the portion of the property for
which they defend.
159. In case of the death, before trial, of one of several Ditto where
defendants in ejectment, who defends separately, in respect fendS^mako
of property for which surviving defendants also defend, it 'ie*'e°™-
shall be lawful for the court or a judge, at any time before
the trial, to allow the person at the time of the death in
possession of the property, or the legal representative of
the deceased defendant, to appear and defend on such terms
as may appear reasonable and just, upon the application of
such person or representative ; and if no such application
be made, or leave granted, the claimant suggesting the death
in manner aforesaid, may proceed against the surviving
defendant or defendants to judgment and execution.
160. The claimant in ejectment shall be at liberty at any Diacontinuoneo
time to discontinue the action, as to one or more of the ^^j,*°^°|g^J,
defendants, by filing a discontinuance or rule therefor,_as ants.
against such defendant or defendants, and giving notice
510
PLEADINGS AND PRACTICE.
[part III.
Chap. 134.
By one of seve-
ral olaimantii.
Defendants
may confess as
to part of pro-
perty.
Also, one of se-
veral defen-
dants who de-
fends separate-
ly for a part.
Also, a defen- -
<lant who de-
lends separate-
ly for a part.
Judgment, ef
feet of.
Special verdict.
Verdict for
claimants : ex-
ecution.
In ejectment,
security for
costs in second
action.
thereof in writing to the defendant or defendants as against
whom the. action is discontinued, and thereupon tlie defen-
dant to whom such notice is given, shall be entitled to tax
his costs of defence, and have execution therefor.
161. In case one of several claimants shall be desirous
to discontinue, he may apply to the court or a judge to
have his name struck out of the proceedings, and an order
may be made thereupon, on such terms as to the court or a
judge may seem fit, and the action shall thereupon proceed
at the suit of the other claimants.
162. A sole defendant, or all the defendants in eject-
ment, shall be at liberty to confess the action, as to the
whole or part of the property, by giving to such claimant
a notice headed in the court and cause, and signed by the
defendant or defendants ; such signatures to be attested by
his or their attorney, and thereupon the claimant shall be
entitled to, and may forthwith sign judgment and issue
execution for the recovery of possession and costs.
163. In case one of several defendants in ejectment,
who defends separately for a portion of the property for
which other defendants do not defend, shall be desirous of
confessing the claimant's title to such portion, he may give
a like notice to the claimant, and thereupon the claimant ■
shall be entitled to, and may forthwith sign judgment and
issue execution for, the recovery of such portion of the
property, and for the costs occasioned by the ' defence
relating to the same, and the action may proceed as to the
residue.
164. In case one of several defendants in ejectment,
who defends separately in respect of property for which
other defendants also defend, shall be desirous of confessing
the claimant's title, he may give a like notice thereof; and
thereupon the claimant shall be entitled to, and may sign
judgment against such defendant for, the costs occasioned
by his defence, and may proceed in the action against the
other defendants to judgment and execution.
165. The effect of a judgment in such an action, shall be
the same as that of a judgment in the present action of
ejectment.
166. The jury may find a special verdict.
167. Upon finding for the claimants, judgment may be
signed and execution issue, for the recovery of the posses-
sion, and for the damages awarded, and for the costs, as at
present in the action of ejectment.
168. If any person shall bring an action of ejectment,
after a prior action of ejectment for the same premises has
been, or shall have been, unsuccessfully brought by such
person, or by any person through or under whom he claims,
against the same defendant, or against any person through
or under whom he defends, the court or a judge may, if
they or he think fit, on the application of the defendant, at
TITLE XXXVI. J PLEADINGS AND PRACTICE. 511
any time after siich defendant has appeared to the writ, Chap. 134.
order that the plaintiff shall give to the defendant security
for the payment of the defendant's costs, and that all fur-
ther proceedings in the cause shall be stayed until such
security be given, whether the prior action has been or
shall have been disposed of by discontinuance, by non-suit,
or by judgment for the defendant.
169. Upon finding for defendants, or any of them, judg- For defendants,
ment may be signed and execution issue, for costs against
the claimants named in the writ.
170. The court and the judges thereof may exercise Juriadiotion of
over the proceedings in the action, the same jurisdiction "ud^es'in ac
which is at present exercised in the action of ejectment, so '''°°'
as to insure a trial of the title, and of actual ouster when
necesssary.
EEPLEVIN.
171. Replevin may be brought for an unlawful deten- te^rou^htfor
tion, although the original taking may have been lawful. unlawful deten-
172. No writ of replevin, except where the property j^adavit to be
sought to be replevied has been distrained for rent or ^^°<^-
damage feasant, shall issue, unless the party applying there-
for, or his agent, shall file an affidavit in the form in appeii-
• dix A, number 19, setting forth that he, or in case of an
.agent, his principal, has the right to the possession of the
property contained in the writ as he verily believes, and
that it is unjustly withheld from him.
173. In all cases of replevin, the plaintiff or his agent Security to she-
shall give security to the sheriff, in the form in appendix A,
number 20.
174. Notwithstanding the issue of a writ of replevin, Defendant may
the defendant or his agent, except in cases of distress for sion.
rent or damage feasant, shall have the right to retain pos-
session of the property contained therein, if he shall give
^security to the sheriff in the form in appendix A, number
21 ; such security, given either by the plaintiff or defen- securities may
dant, shall be assigned, on request, to the party entitled to endorsement'?^
the benefit thereof, by the sheriff endorsing his name
thereon, which endorsement shall be sufficient to enable
such party to bring action thereon in his own name, against
the several parties who have executed such security.
175. In actions of replevin, the jury shall be at Hberty feTSedto
to award damages to either party in the suit. ' either party.
BAIL.
176. Bail to the sheriff shall continue, bail to the action, J^^j,^^*^^^!^!^'^^
and shall have tl^e power of rendering the defendant when- tion ■, rendering
ever they shall see fit to do so. Th§ bail bond to be in the 'i'^f^"'^^'''-
form in appendix A, number 22.
177. A party who has given bail to the sheriff, which Party having
bail has justified when required to do so, may appear and defend without
defend the action without; filing special bail. Suf ''^'"'"^
512
PLEADINGS AND PRACTICE.
[PART m.
Chap. 134.
Bail, whoa to
iudtifj-i sUeriiTs
liability.
Sheriff's return.
B«tTirn non est
xnTentus.
Time for render
iif disobarge for
bail.
Justification
where bail re-
side at a dis-
tuBoc, or court
nut in session.
hons of bill of
exchange, Ha.
178. The bail to the sheriff may be called upon to
justify, on the return of the writ, and the sheriff shall be
liable for taking insufficient bail, but he may relieve himself
at any time before judgment by causing the defendant to be
rendered, and upon payment of all costs which may have
been incurred by the plaintiff in consequence of such bail
being insufficient.
179. The sheriff shall return the bail bond with the
capias to the court where the writ is returnable, with an
assignment thereon to the plaintiff, which assignment may
be made by the sheriff endorsing his name thereon, and the
same shall be sufficient to enable the plaintiff to bring action
thereon in his own name against the several parties who
have executed the same.
180. In all cases where the writ of execution against
the defendant in any action is returned non est inventus,
and an action is prosecuted against his bail upOn their bond,
they shall be allowed to render their principal in discharge
thereof at any time before the time for pleading has elapsed,
if they pay to the plaintiff the costs which have been incur-
red in the action against them upon their bond.
181. When the bail live above twenty miles from the.
place where the action is brought, or where the bail live •
within that distance, but the court shall not be in session,
they may justify before a judge or a commissioner, by affi-
davit, and the judge or commissioner may examine the
sureties upon oath, touching the value of their respective
estates.
182. In case of any action founded upon a bill of
exchange, or other negotiable instrument, it shall be lawful
for a court, or a judge, to order that the loss of such instru-
ment shall not be set up ; provided an indemnity is given,
to the satisfaction of the court or judge, against the claims
of any other person upon such negotiable instrument.
Distinction of
Buing as attur-
ney, &e., abo-
lished.
Nutioe of trial
MISCELLANEOUS.
183. All distinction of sueing and being sued, as an attor-
ney, shall be abolished.
184. A notice of trial shall be given to the defendant
or his attorney, in every cause where the defendant resides
within the county (except in the island of Cape Breton)
in .which the action is brought, at least twenty days ; if
in any other county, at least thirty days, and if the defen-
dant resides in Cape Breton, and the action is brought
in any county not in the island, or if the defendant re-
sides out of Cape Breton, and the action is brought
within any county in the island, at least forty days before
the first day of the term or the sittings thereafter, and
if the plaintiff shall not proceed to trial pursuant to
such notice, he shall be liable to pay to the defendant, the
costs of not proceeding to trial, unless he can shew
TITLE XXXVI.] PLEADINGS AND PRACTICE. 513
good cause to the contrary, or shall have given to the de- Chap. 134.
fendant or his attorney, in case he has appeared, notice of '
countermand of such trial at least foiir days, or in case the
defendant resides in Cape Breton, and the action is brought
in any coiinty not in the island, or the action is brought in
any county within the island, and the defendant resides out
of the island, at least fourteen days before the first day of
the term or the sittings thereafter, but the plaintiff shall,
notwithstanding such countermand, pay all the costs which
the defendant has actually been put to prior to such
notice of countermand, in consequence of the notice of
trial.
185. In making up the docket of civil causes for trial, Rules for
the prothonotary shall be guided by the following rules : dwket? "'' ^^^
1st, All summary and appeal causes shall have precedence,
except when ordered to be tried by a jury, and then they
shall be entered on the docket, according to seniority, as
declaration causes ; such seniority in appeal causes, to bear ,
relation to the issuing of the original writ. 2nd, When
writs are filed on the same day, priority shall be regulated
by the issue of the respective writs.
186. At Halifax, the lists of all jury causes for trial Jnryoauie
shall be given in to the prothonotary, on or before the down.*" ^^ '**
Tuesday preceding the first day of the sittings at which
such causes are to be tried.
187. At Halifax, the docket of jury causes for trial Docket, when
shall be called on the first day of each sittings at. or shortly HaUfa^!'*^ '"
after the opening of the court, and the plaintiff's attorney
or counsel, when a cause is so called, shall be required Attorney or
to state whether he intends to try the same at such sittings, whShi'^aa^^
and in default of such statement the cause shall be struck J°^J'!f„i L^^f"
on the docket ; and the attorney or counsel oi the fended,
defendant shall in like manner be required to state whether
he intends defending the same, and in default of such
statement, the cause shall be struck off the docket, and
judgment, whether interlocutory or otherwise, may be
entered up for the plaintiff, and further proceedings had
as if no plea had been filed ; but the court or a judge upon
due cause shewn, and upon such terms as may be thought
proper, may order any cause to be again placed on the
docket for trial as if it had not been called.
188. The docket of causes for trial shall be called but Docket to be
once, both at the sittings in Halifax and on the circuit.
189. On circuit, the docket of new as well as of con- When to be
tinned causes, shall be called on the first day of the term, cult.
at or shortly after the opening of the court, and the plain-
tiffs attorney or counsel, when the cause is called, shall attc'rwor**^
state whether he intends to try the same that term, and in counsel.
default of such statement the cause shall stand continued,
and the defendant shall, if 'the plaintiff signifies his intention
to try the same that term, be required to state whether he
514
PLEADINGS AND PEACTICE.
[PAET III.
Chap. 134.
Al>genoe of a
material wit-
ness.
Motiona arising
during trial 5
but one counsel
on eacli side
heard.
Address to
jury.
New trial,
when rule for,
refused by
judge.
Grounds ftr.
Costs on.
Costs on ne'
trial
T
Wliere less than
40s. reooTered.
intends defending the same, and in default of such statement
plaintiff shall have a judgment.
190. No rule shall be granted for the continuance of a
cause upon the ground of the absence of a material witness,
unless the affidavit upon which the rule is applied for shall,'
in addition to the usual grounds, distinctly state that the
party so applying has a just defence upon the merits of the
case, and that the application is not made solely for delay,
but to enable the applicant to substantiate his defence.
191. The court will hear one counsel only on each side,
upon any motion arising during the trial of a cause ; and if
cases be cited in opposition to such motion, one counsel
will be heard in reply.
192. Upon the trial of any cause, civil or criminal, the
addresses to the jury shall be regulated as follows : — The
party who begins, or his counsel, shall be allowed in the
event of his opponent not announcing at the close of the
case of the party who begins, his intention to induce evi-
dence, to address the jury a second time at the close of
such case, for the purpose of summing up the evidence;
and the party on the other side, or his counsel, shall be
allowed to open the case, and also to sum up the evidence,
if any ; and the right to reply shall be the same as at
present.
193. When the judge shall refuse to grant a rule nisi for
a new trial, in a cause tried before him, and the counsel for
the party shall, on or before the last day of the term, or
the sittings after term in which the cause has been tried,
file sufficient bail in such reasonable amount as the judge
shall direct, to respond the judgment to be finally given in
the cause, no judgment shall be entered up, but a rule nisi
specifying the objections, shall pass, under which the party
sliall be at liberty to enter the case, and it shall stand for
argument in the same manner as if the rule nisi had been
•granted by the judge presiding at thie trial.
194. No new trial shall be granted on account of evi-
dence having been improperly received on any trial, if in
the judgment of the court there be other evidence sufficient
to sustain the verdict.
195. The party in whose favor a judgment shall be
given, shall be entitled to recover from the opposite party
his taxable costs.
196. When a new trial is granted on the ground of mis-
direction, or that the verdict was against evidence, the costs
of the first trial shall abide the event, unless the court shall
otherwise order.
197. If the plaintiff in any action, not brought upon
contract, expressed or implied, and heretofore deemed an
action of trespass or trespass on the case, shall recover less
damages than the sum of forty shillings on the trial of any
issue, or on equiry on default^ he shall not recover any
/
■STTLE XXXVI.] PLEADINGS AND PBACTICB. SlS
•costs unless the judge before whom the issue is tried, or Chap, 134.
the assessment of damages made, shall certify that the action
was brought to try a right besides the mere right to recover
damages for the trespass or grievance for which the action
was brought, or that the trespass or grievance was wilful
or malicious, or that the action was not frivolous and vex-
■atious, and that the plaintiff had actuallj' sustained damage
to the amount recovered, and had by notice in writing, de-
manded compensation therefor, eight days before action
brought^ but nothing in this section shall be construed to
deprive any plaintiff of his costs in any action for trespass
on any lands, or for entering into any tenement in respect
of which any notice not to trespass thereon shall have been
previously served on or left at the last place of abode of the
defendant, by or on behalf of the owner or occupier.
198. Any one of several defendants shall be entitled to Defendant's
his taxable costs when the plaintiff shall not prosecute his piaiStfff doeg
suit to final judgment against him, and also in cases where, ""' proceed.
lupon the trial of the issue, a verdict shall pass in his favor,
unless in case of a trial the judge before whom a trial was
had shall certify at the trial that there was reasonable cause
for making him a party to the action.
199. Whenever it shall appear that the plaintiff had an when plaintiff
opportunity in a prior suit of setting off his claim, and shall nity in a prior
not give a satisfactory reason for not having done so, he off oiaim! ''""^
shall pay to the defendant his costs, and* shall not be enti-
tled to recover his own.
200. In any action against an acceptor of a bill of ex- stayofproeeed-
change, or the maker of a promissory note, the defendant ment.
shall be at liberty to stay proceedings on payment of the
debt and costs in that action only. i
201. On the taxation of costs, as between attorney and p"^*^ ^•^J'®- _
' , . •' tween attorney
client, no costs shall be alloweti to the attorney m respect and client,
of any excess of length in any pleading ; and in case any Excessive
feueh costs shall be payable by the plaintiff to the defendant |^°|"»"''pi«»*-
on account of such excess, the amount thereof shall be de-
ducted from the attorney's bill.
202. If a new trial be granted without any mention of ^^ of ^ew
costs in the rule, the costs of the first trial shall not be
allowed to the -successful party, though he shall succeed in
the second. V-;..:
203. An application to compel the plaintiff to give seen- ^"'''^"'y "^"^
rity for costs must in ordinary cases be made before issue
joined,
204. Prothonotaries shall have power to grant orders security for
for the stay of proceedings in a cause until security for taine'd, &e.
costs be filed, upon sufficient grounds laid by affidavit in
the same way such orders are now granted by the supreme
court or a judge ; but any party dissatisfied with a protho-
Botary's decision may, at any time within twelve days
thereafter, apply to the supreme court, upon motion, or a
33 ' j
016 PLEADINGS AND PRACTICE, [PAET IIJ,
Chap. 134. judge at chambers, by summons upon affidavit, for a re-
hearing ; a plea filed in the meantime, or other proceedings
taken on the part of the plaintiff or defendant, shall not
prejudice the party claiming a re-hearing.
If not given, 205. Where the plaintiff shall fail to give security for
costs within twelve months after service upon him or his
attorney of a rule or order therefor, he shall be deemed out
of court.
Costs on rules, 206. On all rules made absolute, or discharged, and on
all rules opposed in the first instance, the costs shall be
allowed to the successful party, unless the court shall other-
wise direct.
Costs of com- 207. The costs attending the issuing of any commission,
sufons?^ ' ^^^''' and of taking deposition's thereunder when used on trial,
shall be costs in the cause.
Costs of exami- 208. The costs of every rule or order for the examina-
efsl?™ *^ ''^"* tion of witnesses de bene esse, shall be costs in the cause,
unless otherwise directed.
Taxation of 209. The prothonotary shall examine and compare all
costs. Y)i]iQ of costs, that they contain no other or greater fees
than are allowed by law, and before any such biU shall be
charged against the plaintiff or defendant, it shall be allowed
and signed by a judge.
Costs tote filed, 210. All bills of costs whcD taxed, shall be filed among
and when. q^^ |^jj|g ^^ costs for the term, and every bill of costs taxed
on any rule or proceeding in a country cause argued at Hali-
fax, shall be filed immediately after taxation at Halifax,
otherwise no execution shall issue for enforcing payment
of such costs.
Notice of taxa- 211. Before taxation of costs accruing in Halifax, one
tion ; vouchers, ^g^ytg notice shall be given to the opposite party, his coun-
sel or attorney in Halifax, and the bill, with all affidavits and
papers substantiating the charges therein, shall be filed with
the prothonotary previously to the giving of such notice,
but notice of taxing costs shall not be necessary in any case
where the defendant has not appeared in person, or by his
attorney or guardian.
Interlocutory 212. When interlocutory costs shall be taxed agaiust any
party, execution may be issued for the recovery thereof.
Interest, allow- 213. Upon all debts or sums certain, the jury, or the
or jury. ^*'"" court, or a judge where there is no jury, may allow interest
to the creditor, at a rate not exceeding legal interest, from
the time the debt or sum became payable, if payable at a
certain time, under a written instrument; or if payable
otherwise, then from the time a demand of payment in
writing, containing a notice that interest will be claimed
from the date of the demand until payment shall have been
made.
Damages in the 214. The jury or the court, or a judge where there is
nature°of inter- ^q jury, may give damages in the nature of interest over
and above the value of the goods at the time of the conver-
TITLE XXXTI.] PLEADINGS AND PRACTICE. 517
sion or seizure, and over and above the money recoverable Chap. 134.
in any action on policies of insurance.
215. Where a set off greater than tjie plaintiff's claim Set off exooed-
has been proved, judgment for the excess shall be given claim.''™ '
foi; the defendant.
, 216. Jiidgment maybe ordered, as in case of a non-suit, n"^|^f °* '^"''
for not duly proceeding to trial, and notice therefor may oeedingto trial,
be given, notwithstanding a previous trial, or trials of the
cause may have taken place.
217. Final judgment may be signed by any judge, and ^i°*iJ'j<'g™eDt
the judge shall set down the date upon the docket, and the up.
prothonotary shall mark on the record the day it was filed,
but no marginal note shall be required thereon.
218. No judgment shall have relation to any other day Date of.
than the day on which it is signed.
219. The additions and place of residence of every per- Affidavit, de-
son making affidavit, except the same is made in a cause by deponent."'^ '^^
any of the parties thereto, shall be inserted therein.
220. In all cases in which any. particular number of days Computation of
not expressed to be clear days, is prescribed by this or any cSrfsimas'dayl
other act regulating the practice, or by the rules or prac-^°-
tice of the court, the same shall be reckoned exclusively of
the first day and inclusively of the last day, unless' the last
shall happen to fall on a Sunday, Christmas Day, Good Friday,
or a day appointed a public fast or thanksgiving, in which
case the time shall be reckoned exclusively of that day also.
221. . When a iudge's order is made a rule of court, it Making judge's-
JO ft , orciGr 8> rule
shall be a part of the rule of court that the cost of making costs of.
the order a rule of court shall be paid by the party against
whom the order is made, provided an affidavit be made and
filed that the order has been served on the party or his
attorney, and disobeyed.
222. All causes for argument, whether upon demurrer, causes for ar-
special verdicts, cases made, or rules nisi which have been ^"^^'^ ' ^° '^
granted, or causes in which the party has given bail to re-
spond the judgment as hereinbefore provided, must be en-
tered with the prothonotary at Halifax on or before the
Tuesday preceding the first day of the term, and such entry
shall be deemed notice to the opposite party to be prepared
for the argument; and in case of such entry being omitted
from neglect or other cause, judgment shall be entered
against the party who ought to have made such entry, un-
less the court shall otherwise order.
223. In all cases where rules nisi have been granted to g/ZasSe^'er*"'
set aside verdicts, or which may otherwise delay judgment, diet.
the party who has obtained the rule shall enter the cause
for argument on the Tuesday preceding the term.
224. The party against whom any rule ■ nisi has been Ditto-
granted may enter the cause with the prothonotary, and in
such case the cause shall be placed on the list prepared by
the prothonotary for the court in the order in which it first
t
518 PLEADINGS AND PEACTICE. [PART m.
Chap. 134. presents itself under the rule, and shall not be entered a
second time.
Papa." e<'°°e''t- 225. The demurrer book, special verdict, case, judge's
ment, &c*!^to be report and aflSdavits, or other papers upon which rules nisi
*'**'• have been granted, must be on file on the Tuesday before
the first day of term at Halifax.
Rnie nisi for 226. No rule nisi for a new trial shall be argued at the
tobeMgued?™ Commencement of the term at Halifax unless the judge's
report of the facts proved or the points reserved shall have
been filed on the Tuesday preceding the term, which either
party requiring the same shall apply for to the judge, and
the judge will deliver his report to the prothonotary, who
will furnish copies thereof to the parties requiring the same;
and as the argument will be confined to the facts therein^
stated, it shall be competent for either party, on notice to
the adverse party, to apply to the judge to alter or amend
the same by his original notes, or otherwise by the consent
of the parties or on afiidavit.
Rules nisi 227. When rules nisi are moved for on the first day of
^70? /ermat ^^6 term at Halifax, the court, on sufiicient grounds laid,
Halifax. -vyiH grant the same without hearing the other side.
Bnsiness of 228. On the first day of term at Halifax, the court will
terms at Haii- pronouuce judgment, if prepared so to do, upon such cases
as have been fully argued, after which they will hear motions
which do not require to be entered for argument in the
order in which motions are now heard, beginning with the
attorney general and proceeding through the bar according
to priority.
Priority of 229. The motious and other necessary businBSS of the first
re^irtod."" day of term at Halifax having been disposed of, the remain-
der of that day and the subsequent days of the term shall
be devoted to hearing arguments upon the cases duly en-
tered with the prothonotary, in the following order : the,
first case upon the attorney general's list; secondly the first'
case upon the solicitor general's list ; and so on through the
whole bar, according to priority. After the first case upon
the junior barrister's list has been heard, then the second
case upon the attorney general's list, and so on until all the
_ ,. , causes entered for argument have been heard ; but causes
Continued ,„ v ' in-
causes. entered tor argument and continued over the term, shall m
subsequent terms retain the places they originally occupied
Demurrers no ^^ ^^® docket, and take priority of new causes. No con-
eonoiiium io be cUium to be moved for upon demurrers, which will take
their turn with other causes entered for argument. ,
Argument how 230. The party who has obtained the rule nisi shall
eoaducted. briefly bring under the notice of the court the grounds
upon which the rule was granted. The opposite party shalU
then sTiew cause, and the party supporting the rule shall
reply unless the court specially direct a different course.
Copies of pa- 231. The attornies in the several causes for argument
on"rgum^t!' must provide each of the judges with copies of all papers
TITLE XXXVI.] PLEADINGS AND PRACTICE. 519
necessary to be perused by them before the argument Chap. 134.
commences.
232. It shall not be necessary to issue more than one summons and
summons for attendance before a judge at chambers upon
the same matter, and the party taking it out shall be enti-
tled to an order, unless cause to the contrary be shewn, or
the judge shall refuse the same.
233. When a iudge has power to grant an order, he may Jii^^ njsi may
1 iU I i. 1 • • 4. i_i • J. '"' granted by
m pJace tnereoi grant a rule nisi returnable m term. one judge.
234. The prothonotary at Halifax shall keep a book. Judgment, en-
wherein may be entered any judgment given which apper- notary'a'^ntyr
tains fo the supreme court of any other county, which shall J"<isment boot
be signed in the usual manner ; and the prothonotary shall
forthwith transmit to the prothonotary of the court in which
such judgment is required to be entered, a correct trans-
cript of the docket of judgment, and the prothonotary to
whom the same may be transmitted shall copy such judg-
ment into the county judgment book, and file the transcript
with the papers in the cause ; and the entry so made from
the transcript shall have the like effect as if the same had
been signed by a judge in the judgment book into which it
shall be so copied, and the postage on the transmitting of
any such papers shall be taxed as costs in the cause.
235. When cases shall have been fully argued and the seve- Judgment may
ral judges who heard the argument have decided upon the chambers.**
judgment to be delivered, and have reduced their opinion to
writing,' the judgment of the court may be pronounced by a
judge at chambers, after the several opinions have been read.
,236. In case hereafter of a verdict for a sum of money, J^^'j*"^®^' °° ^^'^
in favor of a plaintiff or defendant, where final judgment is
delayed by a rule nisi or other proceeding on the part of
the opposite party, and judgment shall be ultimately given
for the party recovering the verdict, such judgment shall
be entered on the verdict with interest, unless the court or
a judge, shall otherwise order.
237. The judges in term at Halifax may, from time to General rules
time, make general rules for facilitating the practice of
the court, and the effectual execution of this chapter, but
such rules shall not go into operation until they have been
published in the royal gazette ; and all rules made since the
fourth day of April, 1853, are hereby confirmed.
238. In all cases not provided for in this chapter, the Praotiee in
,. ^ T c ±1 j.in r i eases not pro;
practice and proceedings of the court shall contorm as nearly vided.
as may be to the practice and proceedings of the superior
courts of common law in force previous to the first year of
the reign of king William the fourth ; and in all cases where
the' proceedings and practice of the superior courts of com-
mon law in England differ from each other, those of the
court of queen's bench shall be followed.
239.» Fees for the services mentioned in the schedule to Table of fees,
this chapter, denominated " table of fees," shall be as
therein prescribed.
520 PLEADINGS AND PEACTICE [PAET III,
L/HAP. 134. 240. Any perscm talkiug greater fees, shall for such
Penalty for ofFence, forfeit to the party aggrieved, ten pounds, and also
taking exoes- ,7 , n i ■ °n ' ^ '
sive fees. the amount 01 such excessive tees.
How recovered. 241. Actions' for such forfeitures, shall be brought in
the county where the offence was committed, and withini
six months next after the date of such oifence,
ProTision for 242. Judgments entered in the book of country judg-
sTnoTsep'tem- mcnts, siuce the first day of September, 1851, and the trans-
ber, 1851. ' cripts thereof entered in the county judgment books, and all
' other proceedings had under such judgments, shall have the
same effect as if section 234 had been in force when such
judgments had been entered, and as if the same had been
entered, and such other proceedings been had hereunder.
Warrants, &e., 243. Everv warrant of attorney to confess judgment in
to be filed with- 1 j.- j v i- ■ i,
in ten days from any personal action, and every cognovit actionem m any such'
^^- action, and every defeazance or condition to which such
warrant or cognovit may be subject, shall within ten days
from the date of such warrant or cognovit respectively, be
filed in the office of the prothonotary of the county wherein
the person giving such warrant or cognovit resides ; and
unless such warrant or cognovit, together with the defea-
zance or condition to which the same may be subject shall
be so filed, such warrant or cognovit shall be null and void
Defeazance to to all intents and purposes whatsoever. Provided that
wan-ant?'' °^ every defeazance or condition above referred to shall be
written on the same paper on which the warrant or cogno-
vit is written, and in default thereof such defeazance or con-
dition shall be void. ^ -i^- ^^^^^ c--^ ^— <:^»i
Prothonotary 244. The prothonotary in each county shall keep a book
of regStry!"'"'^ wherein he shall cause to be fairly entered an alphabetical
list of every warrant of attorney or cognovit actionem filed
in his office under the provisions of the last section, contain-
ing the names, additions and descriptions of the respective
defendants or persons giving such warrants of attorney or
cognovits, and also the names, descriptions, and additions
of the plaintiffs or persons in M'hose favor the same shall
have been given, together with the number and dates of
the execution and filing of the same, and also all other par-
ticulars connected with such warrants or cognovits; which
Fees. book, and every warrant or cognovit so filed, may be
searched and viewed by any person during office hours on
a fee of one shilling for each search, and the prothonatary
shall also be entitled to receive from the party filing each
warrant or cognovit the sum of one shilling for entering
the same.
Warrants, &c., 245. All Warrants of attorney and cognovits executed
passage of aS^ before the seventh day of May, 1858, shall be filed as here-
flied" * inbefore directed within ninety days from this act coming
into operation.
Issue may be 246. The parties to any cause now triable by jur^, may,
tried by judge, t^^ consent, in open court, or writing- signed by them or
nTLE XXXTI.
PLEADINGS AND PEACTICB.
521
their attorney or counsel, as the case may be, and at any Chap. 134.
time before trial, leave the decision of any issue of fact to "~
the presiding judge; provided that the court, upon motion,
or the presiding judge, shall, iu their or his discretion, think
fit to allow such trial. And such issue in fact may there-
upon be tried and determined, and damages assessed, where
necessary, ia open court, in term, or the sittings after the
term, by the presiding judge, whose decision shall be of the
same effect as the verdict of a jury, save |hat it shall not be
questioned. upon the ground of being against the weight of
evidence ; and the proceedings upon and after such trial as
to the power of the court or judge, the moving for a new
trial, the evidence and otherwise, shall be the same as in the.
case of trial by jury.
247. Writs of enquiry shall be made returnable in ten Writs of en-
days after the issuing thereof, and the party plaintiff shall '^"''^^'
be entitled to judgment for the arfiount awarded him, with
his costs, in fourteen days after the execution of the writ-
TABLE OF FEES.
peothonotaey's fees.
Entering appearance,
Entering and filing every rule of court,
Copy of every rule when given by prothonotary.
For drawing and striking a special jury, and for
copies of the lists furnished to the respective
parties and all other services connected there-
with,
Swearing and impanelling jury,
Swearing each witness or constable,
Taking and entering verdict,
Entering judgment, >?
The prothonotary at Halifax, for the entry of a
judgment not belonging to the supreme court
at Halifax and for the transcript thereo:^
Filing retraxit or discontinuance,
Copies of all papers, per folio,
Every exhibit in a cause filed in court,
Taking affidavit in court,
Filing affidavit.
Searching records.
Entering every default,
Drawing and taking every recognizance.
Entering every non-suit,
Sealing and signing every subpoena.
Continuance of every cause.
Piling the roll in every cause,
Taxing bill of costs, — - — -'--- —'■
Certificate of judgment.
Ditto of discharge of ditto,
£0
0
0
0 6
0 6
10 0
1 0
0 6
1 0
2 0
2 6
0 6
0 6
0 4
1 0
0 6
0 6
0
1
0
1
1
1
1
2
1
022 PLEADINGS AND PBACTICB. [PAKT H?.
Chap. 134. In awrmaartf suits.
Signing and sealing writs, ^£0 2 6
For all other services, including final judgment,.
when not tried by a jury^ 0 2 6
For every alias SBmmary writ and praecipe,. 0 2 0
In sub-summary suits.
.Signing and sealing writ, 0 10
Signing judgment, 0 16
Every subpoena or ticket 0 0 6
No commission shall be allowed or deducted
from money paid into court under any rule or plea.
commissionek's fees.
For administering oath and marking writ, 0 2 0
Taking depositions of witnesses, each witness, 0 5 0
And for taking depositions, per folio, 0 0 6
Travelling fees, when necessary, 3d. per mile,
ATTOENET'S FEESv -
In si^-summary cav^es.
Attorney, © 9 0
Subpoena and tickets, each, ft 1 0
Execution, 0 2 6
In summary and appeal causes.
For writ, prascipe, affidavit and declaration, 0 11 8
All other proceedings until final judgment, 0 15 10
In aU other causes.
Ketaining fee, 0 10 0
Warrant of attorney, 0 16
Prsecipe, 0 16
Every writ, summons, or other original process, 0 5 0
Copy, 0 16
If containing declaration, 5s. additional.
Particulars of demand, 0 2 0
Term fee, ' 0 5 0
Notice of trial, notice to produce, and oth«r neces-
sary notices, in a cause, 0 3 6
Capias, 0 5 0
Copy, 0 16
Affidavit to hold to bail, 0 2 6
Entering appearance, • 0 2 6
Brief and copies,, not less than 7s. 6d. nor more
than £b, to be taxed by the court,
Every continuance, 0 10
Every discontinuance or retraxit, 0 10
Attending, balloting, or striking special jury, 0 10 0
Attending taking every inquisition before sheriif, 0 10 0
Making bill of costs, 0 16
TITLE XXXVI.] PLEADINGS AND PRACTICE. 523
Attending to get same taxed, <£0 2 6 Chap. 134.
Arguing a demurrer, special verdict, motion for
new trial, or other special motion, 0 10 0
Trial fee, 10 0
All rules and copies, each, — 0 10
Everjr subpoena, 0 2 0
Every ticket. 0 2 6
Travel per mile for service, the same as to sheriff.
Attending the examination of every witness taken
before a judge or commissioner, 0 11 8
Every necessary attendance before a judge, 0 8 8
Every execution, habeas corpus, writ of error and
writ of inquiry or revivor, each, 0 6 0
Drafting issue, per folio, 0 0 6
Engrossing same, per folio, /O 0 6
Drafting record, per folio, 0 0 6
Engrossing same per folio, 0 0 6
All other drafting necessary to be done by an at-
torney in the conducting of a cause, per foli.o, 0 10
All necessary engrossing, per folio, 0 0 6
COUNSEL FEES. ^
In summary, sub-summary, or appeal ca^^gB, when tried
before a jury, to be taxed by the court, no't to exceed three
pounds and ten shiljitigs.
In all other causes (after appearance and plea, to be taxed
at the discretion of the judge, not to exceed five pounds,
but not to be allowed in cases of default nor unless there
shall have been a plea pleaded.
Appendix A.
No. 1.
"SS.
Victoria, by the grace of God, &c.
To the sheriff of — , or any other of our sherifis :
We command y^u to summon C. D., of , to appear
in the supreme court at , within days after the
service of this writ, at the suit of A. B., who says that the
8^d C. D. is indebted to him [for work and materials pro-
vided by the plaintiff for the de/ejidard, at his request, or as
the case may be,'] and he claims pounds.
issued this day of -^ — : A. D. 18 . ,
, prothonotary.
E. P. plaintiff's attorney, [or in person.]
No. 2.
SS. -
Victoria, by the grace of God, &c.
To the sheriff of , or to any other of our sheriffs :
We command you forthwith upon security being given
524 PLEADINGS AND PRACTICE. [PART III.
Chap. 134. according to law, to cause to be replevied to A. B., his cat-
■ tie, [or goods,'] viz :
which C. D. of , unjustly detains as it is said ; and
that you summon the said 0. D. to appear in the supreme
court, at within days after the service of this
writ, at the suit of the said A. B., who says that the said G.
D. is unjustly detaining the said cattle [or goods.']
Issued this day of' A. D. 18 .
, prothonotary.
E. F. plaintiff's attorney, [or in person.]
No. 3.
SS.
Victoria, by the grace of God, &c.
To the sheriff of , or to any other of our sheriffs :
We command you to attach the goods and chattels or the
estate of C. D. of , an absent or absconding debtor,
to the value of ; and also that you summon the said
C. D. to appear in our supreme court at within
days after the service of this writ, at the suit of A. B., who
says that the said C. D. is indebted to him [for rmmey found
to he due from the defendant to the plaintiff, on an account
stated between them, or as the case may he,] and he claims
pounds.
* Issued this day of , A. D. 18 .
, prothonotary.
E. F. plaintiff^s attorney, [or in person.]
To he endorsed —
By oath for [here insert the sum sworn to.]
No. 4.
SS.
Victoria, by the grace of God, &c.
To the sheriff of , or to any other of our sheriffs :
We command you to summon C. D., an absent or abscond-
ing debtor, and E. F., of , the agent or trustee of the
said C. D., to appear in our supreme court at , on the
Tuesday of next: the said CD. then and there
to answer to the suit of A. B., who says that the said C. D.
is indebted to him [for money had and received hy the de-
fendant for the use of tJie plaintiff, or as the case may he,]
and the said E. F. then and there to declare, discover and
disclose what goods or credits of the said C. D. were in his
hands or possession or under his management or control at
the time of the service of this writ upon him ; and the said
A. B. claims from the said C. D. pounds.
Issued this day of , A. D. 18 .
, prothonotary.
G. H., plaintiff's attorney, [or in person.]
To he endorsed —
By oath for [here insert the sum sworn to.]
TITLE XXXVI.] PLKADINGS AND PRACTICE. 525
No. 5. Chap. 134.
ss. •
Victoria, by the grace of God, &c.
To the sheriff of ' — , or any other of our sheriffs :
We command you to take C. D. of , if he shall be
found in your bailiwick, and him safely keep until he shall
have given you bail, or made deposit according to law, in
an action at the suit of A. B., or until the said- C. D. shall
by other lawful means be discharged from your custody.
And we do further command you that immediately after the
execution hereof you do return this writ into our supreme
court at , together with the manner in which you
shall have executed the same^-and the day of the execution
thereof; or if the same shall remain unexecuted, then that
you do return the same at the expiration of one month
from the date hereof.
Issued this day of , A. D., 18 .
, prothonotary.
E. P., plaintiff's attorney, [or inperson.~\
To he indorsed—
By oath for [Jiere insert the sum sworn to.]
No. 6.
SPECIMENS OF F0EM3.
Particulars of demand.
The following are the particulars of the plaintiff's claim :
1849.
June 20. Half year's rent to this day, of house
and premises in street, Halifax, ^£25 10 0
Sept. 12. 10 barrels of flour, at 25s., 12 10 0
Deer. 1. Money received by defendant, 17 0 0
55 0 0
Paid, 15 0 0
Balance due, £40 0 0
Or,
To butcher's meat and goods, supplied between
the 1st of Jan'y, 1849, and the 1st Jan'y, 1850, £52 0 0
Paid, 20 0 0
Balance, £32 0 0
Or,
£50. Principal and interest due on a bond, dated the
day of .
Or,
£90. Principal and interest due on a covenant contained
in a deed, dated the day of , to pay £100 and
interest.
526 PLEADINGS AND PRACTICE. [PAET in.
Chap. 134. Or,
£85 on a bill of exchange for XlOO dated the 2d Febru-
ary, 1849. Accepted [or drawn, or endorsed] by the
defendant.
Or,
£50 on a guarantee, dated the 2d February, 1849, where-
by the defendant guaranteed the payment by E. F., of
goods supplied, or to be supplied to him.
In cases where interest is payable.
The plaintiff also claims interest on £ of the above
sum from the date of the writ until judgment.
No. 7.
In the supreme court, , on the day of ,
A. D. 18 . [Bay of signing the judgment.']
To wit : A. B., in his own proper person, [or by
his attorney,] sued out a writ of summons against C. D.,with
the particulars annexed as follows :
[here copy the particulars of demand.]
And the said 0. D. has not appeared, therefore it is con-
sidered that the said A. B. recover against the said C. D.
pounds, together with £ , for costs of suit.
No. 8.
Notice is hereby given, that if the defendant do not
appear and plead within four days after the period specified
in the writ for his appearance, the plaintiff shall be at
liberty to sign [judgment by default, if there are no particu-
lars of demand annexed ; and if there he particulars of de-
mand] final judgment for any sum not exceeding the sum
claimed in his particulars of demand, with interest at the
rate specified, and costs.
No. -9,
( A. B.,
Cause, < vs.
( C. D.
I appear for C. D., the defendant in this cause, [or in
person.] E. P.
No. 10.
Writ of revivor.
SS.
Victoria, by the grace of God, &c .
To the sheriff of , or to any other of our sheriffs :
We command you that you summon CD., of , to
appear in the supreme court at , within days
TITLE XXXVI.] PLEADINGS AND PRACTICE, 527
•
after the service of this writ, to shew cause why A. B. [or Chap. 134.
' B. P., as executor of the last will and testament of A. B., — '
deceased,' or as the case may he,'\ should not have execution
against him \jf against a representative, here insert, ' as
executor of the last will and testament of , deceased,'
or as the case may be,] of a judgment whereby the said A.
B. [or as the case may be,'] on the day of , re-
covered against him [or as the case may be,] £ , and that
you notify the said C. D. that in default of his so doing, the
said A. B. [or as the case may be] may proceed to execution.
Dated this day of , A. D., 18 .
, prothonotary.
G. H., plaintiff's attorney.
No. 11.
Form of a rule or summons where a Judgment creditor
applies for execution against a judgment debtor.
[Formal parts as at present.]
C. D., to shew cause why A. B. [or as the case may be]
should not be at liberty to enter a suggestion in an action,
wherein the said A. B. was plaintiff, and the said E. P. was
defendant, and wherein the said A. B. obtained judgment
for £ against the said B. P. on the — day of ,
that it manifestly appears to the court, that the said A. B. is
'entitled to have execution of the said judgment, and to
issue execution thereupon, and why the said C. D. should
not pay the said A. B. the costs of this application, tot be
taxed.
Note. — The above form may be modified so as to meet the
case of an application by or agaitist the representative of a
party to the judgment.
No. 12.
Form of suggestion thai the judgment creditor is entitled to
execution against the judgment debtor.
And now on the — — day of — • , it is suggested and
manifestly appears to the court, that the said A. B. [or ' E.
P., as executor of the last will and testament of the said
A. B., deceased,' or as the case may be,] is now entitled to
have execution of the judgment aforesaid, against the said
C. D. [or ' against G. H. as the executor of the last will and
testament of the said CD.,' or as the case may be.] There-
fore it is considered by the court, that the said A. B. [or
' B. P. as executor aforesaid,' or as the case may be,] ought
to have execution of the judgment against the said C. B.
[or ' against G. H. as executor as aforesaid,' or as the case
may be.]
528 PLEADINGS AND PEAGTICB. [PAET III.
Chap. 134. No. 13.
Form of writ in ejectment.
SS.
Victoria, by the grace of God, &c.
To the sheriff of .
We command you to summon G. H., J. K., and L. M. to
appear in the supreme court, at , within days
after the service of this writ, at the suit of A. B., C. D., and
B. P., who say that the said G. H., J. K., and L. M., withhold
the possession to which the said A. B., C. D., and E. F., or
.some, or one of them, claim to be entitled, of a certain
house and ten acres of land situate at ■, in the county
of , and described as follows : Idescribe the property
with reasonable dertairdy,'] and for the withholding of which
they claim pounds damages.
Issued this day of , A. D., 18 .
, prothonotary.
N. 0., plaintiff's attorney.
No. 14.
Notice to be endorsed on the writ.
Notice is hereby given, that if the defendant do not
appear and defend the possession of the property claimed
by the within writ, or such part thereof as he may be adv,is'
ed, the plaintiff will be at liberty to sign judgment at the
expiration of four days after the period specified in the writ
for his appearance, and the defendant may thereupon be
turned out of possession.
No. 15.
Judgment in case of nonappearance.
G. H., J. K., and L. M., were summoned to answer A. B.,
C. D., and E. P., for withholding possession of a house and
ten acres of laiyjy situate at , in the county of ,
and described as follows*:
And njj^ppearance has been entered to the said writ, [or
where defence has been made to a part, except as to — {de-
scribe it.)'] Therefore it is considered that the said A. B.,
C. D., and E. P., do recover possession of the premises
above raentioned, [or where defence is to part, excep't; as to
part for ; which defence has been made as aforesaid,] with
the appurtenances, and also £ , for his cost of suit
[in cases where damages shall have been assessed, add, and
that he do also recover £ — ■ , for his damages assessed
in respect of the withholding possession of the same by the
defendant.]
TITLE ZXXVI.] PLEADINGS AND PEACTICE. 529
No. 16. Chap. 134.
Judgment in case of appearance.
[As in the last form to the *.]
And the defendants appear and defend the possession [or
of part thereof, describing the part.] Jury impannelled
and sworn, who say that the plaintifts [or one of them, as
the case may be,] are entitled to possession of the premises,
• [or to the said part thereof;] and they do assess damages
for the detention thereof in the sum of £ , to be paid
to the Said A. B., C. D., and E. P.
Therefore it is considered that the said A. B., C. D., and
E. P., do recover [as above where judgment is for non^appear-
omce,] and also the sum of ■£ , by the jury assessed as
■aforesaid, together with costs of suit.
No. 17.
FormM #/ pleojs in ejectment.
The said C. D., [defendant] says that the plaintiffs are not,
nor is either of them, entitled to the possession of the said
messuage and lot of land claimed by them. [Or if the de-
fendant only defend for a part,] — The said C. D. says he
only defends for a part of the premises claimed by the plain-
tiff, and which is thus described : [describe it with reasonable
a^iainty,] and he disclaims all right and title to the residue
of the said' premises, or to the possession thereof; and as
to the part for which he defends, says, that the said plain-
tiffs are not, nor is either of them, entitled to th^ posses-
sion of the part of the said premises above specified.
Plea by landlord shall commence thus : And E. P. admitted
to defend as landlord of the said premises, [or part thereof
describing the part,] says that
No. 18,
Form of a plea under tenancy in common.
And "the defendant says that he is tenant in common of
the premises, [or part as the case may be,] with the said
plaintiff, [or with A. B., one of the said plaintiffs,] and de-
fends as such, and admits the right of the said [claimant] to
to an undivided share of the said property, and denies any
actual ouster of him from the said property.
No, 19.
In the supreme court.
A. B., of , in the county of ,maketh oath and
saith that he hath the right to the possession of the follow-
ing cattle [or goods as the case may be] to wit : , as he
Verily believes, and that 0, D. unjustly detains the same.
530 PLEADINGS AND PRACTICE. [PAET III.
Chap. 134. .No. 20.
Replevin bond.
[Bond in the usual form from A. B. {plaintiff), and E. F.
and 0. iZ.J
Whereas the said A. B. has sued out a writ of replevin
against the said C. D. to obtain possession of certain cattle
[or goods] to wit : , which the said A. B. asserts to
be his property.
Now, the condition of this obligation is such, that- if the
said' A. B. shall not prosecute his suit with effect and with-
out delay, or if suit is carried on and continued between
the said A. B. and C. D. touching the property of the said
cattle \or goods] and the court shall adjudge that the said
cattle [or goods] shall be restored to the said C. D. with
damages for detaining the same, then if the said A. B. shall
restore the said cattle [or goods] and pay and satisfy any
judgment that may be obtained against him, this bond shall
become void.
[ Where the plaintiff himself does not join in the bond, the
form must be dUered to conform to the fact.]
No. 21.
Security given by the defendant to obtain a return of property.
[Bond in the usual form from C. D. {defendant) and E. F.
and G. E.]
Whereas the said C. D. claims to retain certain cattle \or
goods] to wit : , to recover possession of which the
said A. B. has sued out a writ of replevin.
Now the condition of this obligation is such, that if the
court shall adjudge that the said cattle [or goods] shall be
restored to the said A. B., with or without damages for de-
taining the same, then if the said C. D. shall restore the
cattle [or goods], and pay and satisfy any judgment that
may be recovered against him, this obligation shall be void,
but otherwise shall remain in force.
[ WJiere the defendant himsdf does not join in ihe bond, the
form must be altered to conform to the fact.]
No. 22.
Bail bond.
[Bond in the usual form G. D. {defendant) and E. F.
and G. K]
The condition of this obligation is such, that if the above
bounden C. D. do appear in the supreme court at ,
on the day of , to answer to the suit of A. B.^
TITLE XX;XVI.] PLEADINGS AND PRACTICE, 531
and. in case judgment shall be obtained against the said C. Chap. 134.
D., if he shall satisfy such judgment, or shall render himself,
or be rendered by the said E. P. and G. F. into the custody
of the sheri-fF of the county of — ^ then the said obliga-
tion to be void.
Appendix B.
specimens of forms. op pleadings.
- ^alemerds of causes of aobion in the tvrii.
To answer the said A. B., who says that C. D. is indebted
to him for [here date the suty'ect of the dcdm as in tlie follow-
ing forms,'] and the plaintiff claims pounds :
For work done and materials provided by the plaintiff for
the defendant, at his request.
For money lent by the plaintiff to the defendant.
For money paid by the plaintiff for the defendant, at his
request.
For money received by the defendant for the use of the
plaintiff.
For money found to be due from the defendant to the
plaintiff on an account stated between them.
For a messuage and lands sold and conveyed by the
plaintiff to the defendant.
For the good will of a business of the plaintiff, sold and
given up by the plaintiff to the defendant. »
For the defendant's use, by the plaintiff's permission, of \
messuages and lands of the plaintiff.
For the defendant's use, by the plaintifTs permission, of a
fishery of the plaintiff.
For the hire of [as the case may be] by the plaintiff, let to
hire to the defendant. ,;
' For freight for the conveyance by the plaintiff, for the
defendant at his request, of goods in ships.
For the demurrage of a ship of the plaintiff kept on de-
miirrage by the defendant :
Who says, — that the defendant on the day of ,
A. D. , by his promissory note, now over due, promised
to pay to the plaintiff pounds, two months after date,
but did not pay the same.
Who says, — that one A. B. on, &c. [daie] by his promis-
sory note, now oyer due, promised to pay to the defendant,
or order, — pounds, two months after date ; and the
defendant endorsed the same to the plaintiff, and the said
note was duly presented for payment, and was dishonored,
whereof the defendant had due notice, but did not pay the
same.
Who says, — that the plaintiff on, &c. [date] by his bill of '/*;
exchange, now over due, directed to the defendant, required ,j,;?:*;
the defendant to pay to the plaintiff ^pounds, two •- I
34
532 PLEADINGS AND PRACTICE- [PAET IK,
Ctiap. 134. months after date ; and ths defendant accepted the said bill,
but did not pay the same.
Who says, — that the defendant and the plaintiff agreed to
marry one another, and a reasonable time for SBch marriage
has elapsed, and the plaintiff has always been ready and
willing to marry the defendant, yet the defendant haa
neglected and refused to marry the plaintiff.
Who says — that the plaintiff and defendant agreed to
marry one another on a day now elapsed, and the plaintiff
was ready and willing to marry the defendant on that day,
yet the defendant neglected and refused to marry the plain-
tiff.
Who says, — that the defendant by warranting a horse to
be then sound and quiet to ride, sold the horse to the plain-
tiff, yet the said horse was not then sound and quiet to
ride.
Who says, — that the plaintiff and the defendant agreed by
charter party, that the plaintiff's ship, called the " Ariel,"
should, with all convenient speed, sail to R, or so near there-
to as she could safely get ; and that the defendant should
there lade her with a full cargo of tallow or other lawfiil
merchandize, which she should carry to H, and there deliver
on payment of freight, at £ per ton ; and that the
defendant should be allowed ten days for loading and ten
for discharge, and ten days on demurrage, if required, at
£ per day ; and that the plaintiff did all things neces-
sary on his part to entitle him to have the agreed cargo
loaded on board the said ship at R, and that the time for so
doing has elapsed, yet the defendant made default in load-
ing the agreed cargo.
Who says, — that the plaintiff let to the defendant a house,
No. — , for seven years, to hold from the day of ,
A. D., 18 — , at £ a year, payable quarterly, of which
rent quarters are due and unpaid.
Who says, — that the plaintiff, by deed, let to the defen-
dant a house, No. , to hold from the day of
A. D. ; and the defendant, by the said deed, covenanted
with the plaintiff well and substantially to repair the said
house during the said term, laccording to the covenant^ yet
the said house was, during the said term, out of good and
substantial repair.
For wrongs, independent of contract.
A. B. says that the defendant broke and entered certain
land of the plaintiff called the big field, and depastured the
same with cattle.
That the defendant assaulted and beat the plaintiff, and
...„.-_ gave him into custody to a policeman, and cause him to be
imprisoned in a police office.
That the defendant debauched and carnally knew the
plaintiff's wife.
TITLE X2XVI.] PLEADINGS AND PBACTICE. 533
Tha,t the defendant converted to his own use the plain- Chap. 134.
tiff's goods, that is to say : iron hoops, household furniture,
[as the case may he.]
That the defendant detained from the plaintiff, his, title
deeds of land called Belmont, in the county of , that
is to say, [describe the deeds.']
That the plaintiff was possessed of a mill, and by reason
thereof, was entitled to the flow of a stream for working the
same ; and the defendant by cutting the bank of the said
stream, diverted the water thereof away from the said mill.
That the defendant falsely and maliciously spoke and
published of the plaintiff' the words following, that is to
say : — ^" he is a thief."
[If there he any damage here state it, with such reasonable
particularity as to give notice to tlie plaintiff of the peculiar
injury complained of : for instance] whereby the plaintiff
lost his situation as , in the employ of .
That the defendant falsely and maliciously printed and
published of the plaintiff, in a newspaper, called " "
the words following, that is to say : " he is a regular prover
under bankruptcies ;" the defendant meaning thereby that
the plaintiff had proved, and was in the habit of proving
fictitious debts against the estates of bankrupts, with the
knowledge that such debts were fictitious.
Commencement of. a plea.
The defendant by , his attorney, [or in person,]
says, [here state the substance of the plea.]
And for a second plea the defendant says [here state the
second plea.]
Note. — The several pleas ought to he written in separate
paragraphs, and numbered either with figures or in wor-ds, in
the body thereof, to prevent confusion.
Pleas in actions on contract.
That he did not promise as alleged.
[T%e plea is applicable to other declarations on simple con-
tracts, not on hills and notes. It would be unobjectionable to
use, "did not warrant," "did not agree" or any other appro-
priate denial.]
That the alleged deed is not his deed.
That the alleged cause of action did not accrue within six
years, \staie the period of limitation applicable to the case]
before this suit.
That before the action he satisfied and discharged the
plaintiff's claim by payment.
That the plaintiff at the commencement of this suit, was
and still is indebted to the defendant, in an amount equal
to [or greater than] the plaintiff's claim, for [here state the
cause of set off, as in a declaration ; see forms ante.]
534 PLEADINGS AND PEACTICE. [PART III.
Chap. 134. That after the allegjed claim accrued, and before this suit,
the plaintiff, by deed, released the defendant therefrom.
Pleas in actions for wrongs, independent of contracts.
That he did not commit the assault.
That he did what is complained of by the plaintiff's leave.
That the plaintiff first assaulted the defendant, who there-
upon necessarily committed the alleged assault in his own
defence.
Replications.
The plaintiff's joins issue upon the defendant's pleas.
The plaintiff as to the second plea, says [here state the
answer to the plea, as in the foUoiving forms.']
That the alleged release is not the plaintiff's deed.
That the alleged release was procured by the fraud of the
defendant.
That the alleged set off did not accrue within six years
before this suit.
That the plaintiff was possessed of land whereon the-
defendant was trespassing and doing damage, whereupon
the plaintiff requested the defendant to leave the said land,
which the defendant refused to do, and thereupon the plain-
tiff laid his hands on the defendant to remove him, doing
no more than was necessary for that purpose, which is the
alleged first assault of the plaintiff'.
New assignment.
The plaintiff as to the and pleas, says, that
he sues not for the trespasses therein admitted, but for
trespasses committed by the defendant in excess of the
alleged rights, and also in other parts of the said land, and
on other occasions and for other purposes than those refer-
red to in the said pleas, [as the case may be.}
[If the. plaintiff replies, and new assigns, the new assign-
ment may be as follows :] '
And the plaintiff as to the and pleas, fur-
ther says, that he sues not only for the trespasses in those
pleas admitted, but also for, &c.
[If the plaintiff replies, and new assigns to some of the
pleas, and new assigns only as to the others, the form may be
- as follows ;]
And the plaintiff as to the ^ — and pleas, fur-
ther says, that he sues not for the trespasses in the
pleas [the pleas not replied to,] admitted, but for the tres-
passes in the — -, pleas [the pleas replied to,] admittedj
and also for, &c.
title sxxvi.] pleadings and practice. 535
Chap. 134.
Part the Second.
1. In case any defendant being a British subject, is re- proceedinge
sidiner out of this province, it shall be lawful for the plain- againataBri.
,.~,,°. -i r • XT. r J. • J ■ tiah subject re-
tifl to issue a writ oi summons in the lorm contained in sident out of
schedule A, to this act annexed, which writ shall bear the ' '° province,
endorsement contained in the said form purporting that
such writ is for service out of this province : And the
time for appearance by the defendant to such writ shall be
regulated by the distance from Nova Scotia of the place
where the defendant is residing, and it shall be lawful for
the court or judge, upon being satisfied by affidavit that
there is a cause of action which arose within this province,
or in respect of a breach of a contract made within the
province^ in whole or in part, or intended to be executed in
whole or in part within this province, or, in respect of a
contract made and entered into between parties, one of
whom, at the time of making such contract, shall reside
within this province, and that the writ was personally
served upon the defendant, or that reasonable efforts were
made to efiect personal service thereof upon the defendant,
and that it came to his knowledge, and either that the
defendant wilfully neglects to appear to such writ, or that
he is living out of the province in order to defeat or delay
his creditors, to direct from time to time that the plaintiff
shall be at liberty to proceed in the action in such manner,
and subject to such conditions as to such court or judge
may seem fit, having regard to the time allowed for the
defendant to appear being reasonable, and to' the other cir-
cumstances of the case ; provided always, that the plaintiff
shall and he is hereby required to prove the amount of
the debt or damages claimed by him in such action, either
before a jury upon a writ of enquiry, or before a judge ;
and the making such proof shall be a condition precedent
to his obtaining judgment.
2. In any action against a person residing out of the proooodings
province, and not being a British subject, the like proceed- JPIiefrosident
ings maybe taken as against a British subject resident »?^i.of"'« pro.
out of this province, save that in lieu of the form of the
writ of summons in the schedule A, to this act annexed, the
plaintiff shall issue a writ of summons according to the
form contained in the schedule B, hereto annexed, Sid shall A,
in manner aforesaid serve a notice of such last mentioned
writ upon the defendant therein mentioned, which notice
shall be in the form contained in the said schedule B, and
such service shall be of the same force and effect as the
service of the writ of summons in any action against a
British subject resident abroad, and by leave of the court
or a judge, upon their or his being satisfied by affidavit as
aforesaid, the like proceedings may be had and taken there-
upon.
536 PLEADINGS AND PRACTICE. [PART HE
Chap. 134. 3-. If the plaintiff or his attorney shall omit to insert in
Amenament of Or indorse on any writ or copy thereof, any of the matters
^''- required by this chapter to be inserted therein, or indorsed
thereon, such writ or copy thereof shall not on that account ,
be held void, but it may be set aside as irregular, or
amended upon application to be made to the court out of
which the same shall issue, or to a judge ; and such amend-
ment may be made upon any application to set aside the
writ upon such terms as to the court or judge may seem
fit.
Substitution of 4. If either of the forms of writ of summons contained
forms. jjj |.jjg schedules A and B, shall by mistake or inadvertence
be substituted for the other of them, such mistake or inad-
vertence shall not be an objection to the writ, or any other
proceeding in such action, but the writ may upon an ex
parte application to a judge, whether before or after any
application to set aside such writ, or any proceeding there-
on, and whether the same or notice thereof shall have been
served or not, be amended by such judge without costs.
Concurrent 5. A Writ for service within the province may be issued
^"*" and marked as a concurrent writ with one for service out
of the province ; and a writ for service out of the province
may be issued and marked as a concurrent writ with one
for service within the province.
Affidavit of ser- 6. Any affidavit of service of writ or notice, or any
^"'^' other affidavit for the purpose of enabling the court or a
judge to direct proceedings to be taken against defendants
out of the province, may be sworn before any judge of a
court of record or justice of the peace in any of her majes-
ty's dominions, or before any consul general, or consul, vice
consul, or consular agent, appointed by her majesty at any
foreign port or place, whose official character and signature
shall be certified under the hand and seal of a notary pub-
Psnaityfor ten- He : provided always, that if any person shall within this
withFaiae sig" province use or tender in evidence any such affidavit with
Batnre. g^ ialae or counterfeit signature thereto, knowing such sig-
nature to be false or counterfeit, he shall be guilty of felony,
and shall, upon conviction, be liable to be imprisoned in the
provincial penitentiary for a term not exceeding three years
nor less than one year, with hard labor.
SCHEDULES.
♦ • A.
Writ where the defendant, being a British subject, resides out
■ of the jurisdiction of this province.
SS.
Victoria, by the grace of God, &c.
To C. D. of , in the of
We command you that within [here insert a sufficient
number of days within which the defendani might appear with
TITLB XXXVI.] PLEADINGS AND PEACTICE. 537
r^erenceto to the distance he may be at from this province,] Chap. 134.
days after the service of this writ on you, inclusive of the
day of such service, you do cause an appearance to be en-
tered for you in the supreme court of Nova Scotia, at
, in an action at the suit of A. B., who says that the
said C. D. is indebted to him [for work done and materials
provided by the plaintiff for the defendant at his request, or
as the case may be'] and take notice that in default of your
so doing, the said A. B. may, by leave of the court or judge,
proceed therein to judgment and execution; and he
claims .
Issued the day of , A. D.
, prothonotary,
E. P., plaintiff's attorney, [or inperson.]
Memorandum to be subscribed on the writ.
N. B. — This writ is to be served within calendar
months from the date hereof; or if renewed, from the date
of such renewal, including the day of such date, and not
afterwards.
Indorsement to be made on the writ before service thereof.
This writ is for service out of the jurisdiction of the
court, and was issued by E. P. of ■ — , attorney for the
said plaintiff, [or, this writ was issued in person by A. B. who
"Simsides at , mention plaintiff's place of residence.]
^ B.
Writ where a defendant, not being a British subject, resides
out of the jurisdiction of this province.
SS.
Victoria, by the grace of God, &c.
To C. D. of , in .
We command you that within [here insert a sufficient
numher of days within which the defendant might appear, with
reference to the distance he may be at from Nova Scotia] days
after notice of this writ is served on you, inclusive of the
days of such service, you do appear or cause an appearance
to be entered for you in our supreme court of Nova Scotia
at , in an action at the suit of A. B., who says that
the said C. D. is indebted to him [for work and materials
provided by the plaintiff for the defendant at his request, or
as the case may be] and take notice that in default of your
so doing the said A. B. may, by leave of the court or a
judge, proceed therein to judgment and execution ; and he
claims .
Issued the day of , A. D.
, prothonotary.
E. F., plaintiff's attorney, [or inperson.]
538
EVIDENCE.
{PAET m.
Chap. 135. Memorandum to be subscribed on the writ.'
N. B. — Noticeof this writ is to be served within six calen-
dar months from the date thereof, including the day of such
date, and not afterwards.
Indorsements as in schedule A.
Notice of the foregoing writ.
ToG,
Take
H., of -
in
notice that A. B., of -
in the province of
Nova Scotia, has commenced an action at law against you
0. D., in the supreme court of Nova Scotia, at , by a
writ of that court, dated the day of , A.D. 18 —
in which he says that you are indebted to him [/or work
done and materials jyrmnded by the plaintiff for the defendant,
at his request, as the case may be,} and you are required with-
in — — days after receipt of this notice, to defend the said
action, by causing an appearance to be entered for you in
the said coxirt, to the said action, and in default of your
doing so, the said A. B. may, by leave of the court or a
judge, proceed thereon to judgment and execution.
The following are the particulars of the said A. B.'s
claim, &c. &c. [signed] E. F., plaintiff's atty.,
[or in jaerson.]
CHAPTER 135.
Commissions
for taking de-
positions of ab-
sent witnesses,
_.w iseued.
Depositione of
witnesses about
to leave the
province, aged
or infirm, bow
talceu.
When Buoh wit-
nesses do not
reside in the
county where
tlie cause iB
ponding.
OF WITNESSES AND EVIDENCE, AND THE PROOF OF WKITTEN
DOCUMENTS.
1. In any civil acticfti, the court or a judge, upon suffi-
cient cause being shewn by affidavit, may order a commis-
sion to issue for taking the deposition of witnessesresiding
out of the province, in such manner and under such restric-
tions as the court or judge may direct ; and the depositions
so taken may be read in evidence at the trial of the cause.
2. In civil causes depositions of witnesses who are
about to leave the province, or are aged, infirm, or other-
wise unable to travel, may be taken before a judge or com-
missioner, on due notice being given to the adverse party ;
and any party upon shewing sufficient cause by affidavit
may obtain from a judge an order in such terms as he shall
think fit, to compel an unwilling witness in such cases to
give evidence before the judge or commissioner.
3. Where such witnesses reside in any other county
than that in which the cause is to be tried, a judge, on suffi-
cient cause being shewn by affidavit, may give such order
as he shall think fit for the deposition de beme esse of such
TITLE XXXTI.] EVIDENCE. 539
witnesses to be taken before a judge or commissioner by Chap. 135,
interrogatories or otherwise. ~
4. In all cases of depositions to be taken before any Notice of exa-
judge or commissioner, at least twenty-four hours' notice in ^vln^-Tength
writing shall be given to the adverse party or to his attor- anrt contents of
ney, where such party or his attorney resides within the
county, otherwise at least eight days' notice shall be given
in like manner, and such notice shall in all cases contain t£e
names of the witnesses to be so examined.
5. Where any order shall be made for the examination Refusal on the
of yitnesses, and the order, together with a notice con- P^Jg^ *,,ey;^Q
taining the time and place where such attendance is required, ^^"^''J"^ ^^^^^
signed by the person appointed to take the examination, tempt of'oourt.
shall have been duly served on the witness, and the witness
shall have been tendered his reasonable fees, the refusal
to obey any such order shall be deemed a contempt of
court.
6. No witness shall be compelled under any such order writings and
to produce any writing or document that he could not be whTt'to'iw' pro-
compelled to produce at the trial of the cause. ^^''^^■
7. No such deposition shall be read in evidence without Depositions,
the consent of the party against whom the same is offered, Tnevidenee.^'^^
unless the judge shall be satisfied that the deponent is dead,
or beyond the jurisdiction, or unable from some infirmity to
attend the trial, in which case the deposition certified under
the hand of the judge or commissioner shall, without proof
of his signature, be received and read in evidence, saving
all just exceptions.
8. Either party in any civil action that has been con- ^r"**™ or
tinued from one term to another, may exhibit to the adverse ments in con-
party or his attorney, any written or printed document to marbe^exM-
be used at the trial of the cause, and require him within ^'n* notice™'*"
eight days to enter into a rule to admit the same, and if the when and how
party so required shall neglect or refuse so to do, and the SI°ofreiusaL
judge before whom the issue is tried shall be of opinion
that the instrument proved was necessary to support the
case of the party producing it, the party so neglecting or
refusing shall be. liable to pay the fees of the witnesses
necessary for proving the same.
9. No witnesses' fees shall be allowed in any case within costs of proef
the preceding section, to a party who shall have adduced in nieSs'tobe°dIs-
support of an issue, of which it was incumbent on him to ^^°^lfty^^^g-^
prove the affirmative, any written, or printed document lecta to e,x.\n-
which shall not have been. exhibited a reasonable time before
the trial or inquiry to the opposite part}'^, unless sufficient
cause shall be shewn on taxation, why the notice could not
have been given..
10. No charge for preparing to prove any such docu- what costs re-
ment incurred before the service of the notice, or after an ofw°fttonSocu-
oflfer by the adverse party to admit the same, shall be allow- i"™d,aadwhat
ed,jexceptthosechargesnecessarily incurred in consequence not.
540 EVIDENCE. [PAET III.
Chap. 135. of some act of the adverse party, after the service of notice
and before the offer of admission.
Incase the do- H- In cases of Written documents exhibited under the
admfued^or're' eighth soction, and not admitted if the court or a judge who
'5?ovin-^thom ^^^^^ *^® cause or the judge who shall tax the costs, shall be
to pay "Ihe cost, of opinion, on hearing the parties, that the written docu-
ments were not required on the trial, and that the party
producing or proving them had not reasonable ground for
believing they would be required, the party proving the
document shall pay the costs thereof, whatever may be the
result of the cause. i
Whon judge 12. Notwithstanding such written document may have
the party deofi- been required, if the court or the judge who tried the
dooumMts''has causc Or the judge who may tax the costs, shall be of opi-
cults^™be costs ^^^^ °° hearing the parties, that the party declining to admit
inthoeause. such document had reasonable and just grounds for declin-
ing, such party shall not be liable for the cost of proving
the written documents absolutely and in any result of the
cause, but such costs shall be costs in the cause subject to
the ordinary rules.
S?™uo°wft-" 13. No person shall be an incompetent witness by reason
nesaes interest- of incapacity from Crime or from interest,
ta'rties in suits 14. On the trial of any issue joined, or of any matter or
dono^ 'Ic.''^'' question, or on any enquiry arising in any suit, action, or
other proceeding, in any court of justice, or before any per-
son having, by law or by consent of parties, authority t.o
hear, receive, and examine evidence, the parties thereto,
and the person in whose behalf any such suit, action, or
other proceeding, may be brought or defended, and the
husbands and wives of the parties thereto, and the person
in whose behalf any such suit, action, or other proceeding
may be brought, or instituted, or opposed, or defended,
shall, except as hereinafter excepted, be competent and com-
pellable to give evidence, either viva voce or by deposition,
according to the practice of the court, on behalf of either
or any of the parties to the suit, action, or 6ther proceeding.
In criminal 15. But nothing herein contained shall render any per-
parti^fsoharged SOU who, in any Criminal proceeding, is charged with the
aSd wi'vD^s no\ commission of any indictable offence, or any offence punish-
oompetent. able on Summary conviction, competent or compellable, to
give evidence for or against himself, or shall render any
person compellable to answer any question intending to
criminate himself; and nothing herein contained shall ren-
der any husband competent or compellable to give evidence
for or against his wife, or an)' wife competent or compellable
to give evidence for or against her husband, in any criminal
proceeding, or in any proceeding instituted in consequence
of adultery.
Communication 16. No husbaud shall be compellable to disclose any
banTand'wife. Communication made to him by his wife during the mar-
riage, and no wife shall be compellable to disclose any
TITLE XXXTI.] ETDIENCE. 641
communication made to her by her husband during the Chap. 135.
marriage.
17. Nothing in sections fourteen, fifteen, and sixteen Not applicable
contained, shall apply to any action, suit, proceeding or bill, tCTy.^"'"
in any court of common law or court of marriage and
divorce, instituted in consequence of adultery. t
18. All procla,mations, treaties, and other acts of state. Proclamations,
of any foreign state, or of any British colony, and all judg- &c ; i^n -IhaT'*'
ments, decrees, orders, and other judicial proceedings of as wideUoe'lo.
any court of justice in the United Kingdom of Great Bri- —^<>^ proved,
tain, and Ireland, or in any foreign state, or in any British
colony ; and all affidavits, pleadings, and other legal docu-
ments, filed or deposited in any such court, may be proved
in any court of justice, or before any person having, by law or
by consent of parties, authority to hear, receive and examine
evidence, either b}' examined copies or by copies authenti-
cated as hereinafter mentioned, that is to say : if the docu-
ment sought to be proved be a proclamation, treaty, or
other act of state, the authenticated copy, to be admissable
in evidence, must purport to be sealed with the seal of the
foreign state or British golony to which the original docu-
ment belongs; and if the document sought to be proved be a
judgment, decree, order or other judicial proceeding of any
British, foreign, or colonial court, or an afiidavit, pleading,
or other legal document, filed or deposited in any such court,
the authenticated copy, to be admissable in evidence, must
purport either to be sealed with the seal of the said British,
foreign, or colonial court to which the original document
belongs, or in the event of such court having no seal, to be
signed by the judge, or if there be more than one judge,
by any one of the judges of the said court, and such judge
shall attach to his signature a statement in writing on the
said copy, that the court, whereof he is a judge, has no
seal ; but if any of the aforesaid authenticated copies shall
purport to be sealed or signed as hereinbefore respectively
directed, the same shall respectively be admitted in evidence
in every case in which the original document could have
been received in evidence, without any proof of the seal
where a seal is necessary, or of the signature, or of the
truth of the statement attached thereto, where such signa-
ture and statement are necessary, or of the judicial charac-
ter of the person appearing to have made such signature
and statement.
19. Every document which, by any law now in force or Documents ad
hereafter to be in force, is or shall be admissable in evidence denoe in Enp
of any particular in any court of justice in England, or p^of^f'^signa-
Wales, or Ireland, without proof of the seal or_ starnp, or ture,&o.,admi«-
signature authenticating the same, or of the judicial or
official character of the person appearing to have signed
the same, shall be admitted in evidence to the same extent
and for the same purposes, in any court of justice in this
542
EVIDENCE.
[part III,
Certified eoples
of papers fllod
in court admis*
•able as eri-
denoe.
AfQdavits to
hoid to bail
made abroad.
Chap. 135. province, or before any person having therein, bylaw or by
consent of parties, authority to hear, receive, and examine
evidence without proof of the seal, or stamp, or signature
authenticating the same, or of the judicial or official cha-
racter of the person appearing to have signed the same.
20l Copies of any document, writing or proceeding, filed
in any court in this province, shall be received as evidence
to the same extent as the original — provided such copies be
certified under the seal of the court, or by the proper officer
under his hand.
21. All afiidavits for the pi»pose of holding persons to
bail in this province, or having relation io any judicial pro-
ceeding in any court of justice therein, purporting to be
made before a judge of any court of justice in the United
Kingdom, &r in any foreign state, or in any British colony,
if in other respects conformable to law and the practice of
the court in which they are designed to be used, may, not-
withstanding they are made before a judge of a British,
foreign, or colonial court, be received aud acted upon, and
shall have the same effect as if made before a judge or other
lawful authority in this province ; .provided the same pur-
port to be sealed with the seal of the British, foreign, or
colonial court, before one of the judges of which they pur-
port to be made, or in the event of such court having no
seal provided, the judge whose name is subscribed thereto,
shall have attached to his signature a statement in writing,
on the affidavit, that the court whereof he is a judge, has. -
no seal ; but if any such affidavit shall purport to be sealed
and signed, or to be signed, without being sealed, as here-?t
inbefore respectively directed, the same shall be respec-
tively received and acted upon as aforesaid, and admitted
in evidence in every court of this province, without any
proof of the signature of the judge and seal of the court,
where a seal is necessary, or of the signature, or of the
truth of the statement attached thereto, where such signa-
ture and statement are alone required, or of the judicial
character of the person appearing to have made such signa-
ture, or signature and statement respectively.'
22. Every register of, or declaration made, in respect of
any British ship, in pursuance of any of the acts rela^
ting to the registry of British ships, may be proved in any
court of justice, or before any person having, by law or by
consent of parties, authority to hear, receive, aud examine
evidence, either by the production of the original, or by an
examined copy thereof, or by a copy thereof purporting to
be^ certified under the hand of the person having the charge
of the original, and which person is hereby required to fur-
nish such certified copy to any person applying at a reason-
able time for the same, upon payment of the sum of one
shilling : and every register, or copy of register, aud also
every certificate of registry granted under any of the acts
Proof of regis-
ter, &o., of Bri-
tish stiips.
TITLE XSXVl.] EVIDENCE. 543
relating to the registry of British vessels, and purporting Chap. 135.
to be signed as required by law, shall be received in evi-
dence in any conirt of justice, or before any person having,
by law or by consent of parties, authority to hear, receive,
and examine evidence as prestimptive proof of all the mat-
ter contained or recited in such register, when the register,
or such copy thereof as aforesaid is produced, and of all the
matters contained or recited in, or endorsed upon, such cer-
tificate of registry when the said certificate is produced.
23. If any officer, authorised or required by this chapter fnnishment for
to furnish any certified copies or extracts, shall wilfully cer- ffflcatl
-tify any document as being a true copy or extract, knowing
that the same is not a true copy or extract, as the case may
be, he shall be guilty of a misdemeanor, and be liable, upon
conviction, to imprisonment for any term not exceeding
three years.
24. Every court, I'udge, iustice, officer, commissioner, Parties anthor-
arbitrator, or other person now or hereatter having, bylaw teroatha.
or by consent of parties, authority to hear, receive, and ex-
amine evidence, is hereby empowered to administer an oath
to all such witnesses as are legally called before them,
respectively.
25. If any person shall forge the seal, stamp, or signa- PHnishment for
ture of any document in this chapter mentioned or referred ments%ferred
to, or shall tender in evidence any such document with a ter.° ''"'"'^"p
false or counterfeit seal, stamp, or signature thereto, know-
ing the same to be false or counterfeit, he shall be guilty of
felony, and shall, on conviction, be liable to imprisonment
for any term not exceeding three years, nor less than one
year ; and whenever any such document shall have been
admitted in evidence by virtue of this chapter, the court, or
person who shall have admitted the same, may, at the re-
quest of any party against whom the same is so admitted in
evidence, direct that the same shall be impounded and kept
in the custody of some officer of the court, or other person,
for such period, and subject to such conditions as to the
said court or person shall seem meet, afJd every person who
shall be charged with committing any offence iinder this
chapter may be dealt with, indicted, tried, and; if convicted,
sentenced, and his offence may be laid and charged to have
been committed in the county, district or place in which he
shall be apprehended or be in custody ; and every acces-
sory before or after the fact, to any such offence, may be
dealt with, indijcted, tried, and, if convicted, sentenced, and
his offence laid and charged to have been committed in any
county, district, or place in which the principal offender
may be tried.
26. A copy of any grant of lands, or of any proceedings copies of grants
in her majesty's council respecting the titles of lands, cer- erSenoe. °**
tified by the provincial secretary, or clerk of the council,
shall be received as evidence.
544 EVIDEKCB. [PART III.
Chap. 135. 27. A copy of any deed from the books of registry, cer-
Certified copy tified Under the hand of the registrar, or proved to be a true
reooived'in^w! ''^P^ t^^®^ therefrom, shall be received as evidence in the
denoe. absence of the original, if it shall be made to appear to the
court, by affidavit, that" such original is not in the possession
or under the control of the party, and that he has enquired
for, and been unable to procure the same.
Probate of wm, 28. The probate of a will, or a copy thereof, certified
pj^, may^be It Under the hand of the judge or registrar of probate, or
dlnce* ^" ^"" proved to be a true copy of the original will, when such
will has been recorded, shall be received as evidence ; but
the court may, upon due cause shewn upon affidavit, order
the original will to be produced in evidence.
Notice to be 29. A party intending to avail himself of the two pre-
oppTsite party. Ceding sections, must give notice, in writing, of such his
intention to the opposite party, at least ten days previous
to the trial, with a schedule of the deeds or wills so intended
to be given in evidence, and of the books wherein the same
are recorded ; but the judge may dispense with such notice
if he be satisfied that no injustice has been done by the
want thereof.
Copy of grant. 30. A copy of any duplicate original of a grant, certified
by the surveyor general, or by the registrar of deeds of
any county where such grant is recorded, shall be received
as evidence.
Plans certifled 31. A Certificate of the prothonotary at Halifax, on the
tary.'^°"'™°" P^^^ of any township returned under the thirty-first section
of chapter one hundred and thirteen, shall be presumptive
evidence that the same is the original plan whicli it is
alleged to be in such certificate, and such plan shall there-
upon be received in evidence as such.
Justices may is- 32. Where a witness in a cause resides more than five
wiferc witoeas miles from the place where the trial is to be had, a justice
than five"miied of the pcacc may issue a summons for such person to attend
distant. at the trial thereof, which summons shall have the same efi'ect
as a subpoena, and may be in the usual form of a justice's
subpoena with the ifecessary alterations.
Witness' fees to 33. No porsou shall be obliged to attend or give evi-
be tendered. j ■ ^, i. r t,-iiji- in
dence m any "cause, beiore he is tendered his reasonable
charges for such attendance.
Judge's testi- .34. The testimony of a judge of the supreme court may
krawiim^e-' be taken before any other judge or a commissioner, in the
from'^alry''coun- Same manner as in the case of a witness about to leave the
ty. province ; and the testimony may be used on the trial,
though the judge be not out of the province, if he shall be
necessarily absent from the county on official business.
Affirmation. 35. If any person called as a witness, or required or
desiring to dake an affidavit or deposition, shall refuse or
be unwilling from alleged conscientious motives, to be
sworn, it shall be lawful for the court or judge, or other
presiding officer or qualified persons, to take affidavits or
TITLE XSXVI.] EVIDENCE. > 545
depositions, upon being satisfied of the sincerity of such Chap. 1 35
objections, to permit such person, instead of being sworn,
to make his solemn affirmation or declaration, in the words
following, videlicit :
" I, A. B., do solemnly, sincerely, and truly affirm and
declare, that the taking of any oath is, according to my
rehgious belief, unlawful ; and I do solemnly, sincerely, and
truly affirm and declare, &c."
Which solemn affirmation and declaration shall be of the
same force and effect as if such person had taken an oath
in the usual form.
36. If any person making such solemn declaration or penalty for af-
affirmation, shall wilfully, falsely, and corruptly affirm or ^™'°s aiaeiy.
declare any matter or thing which, if the same had been
sworn in the usual form, would have amounted to wilful
and corrupt perjury, every such person so offending, shall
incur the same penalties as by the laws of this province
are or may be enacted or provided against . persons con- ^
victed of wilful and corrupt perjury.
37. A party producing a witness shall not be allowed to Party produ-
impeach his credit by general evidence of bad character, ti°im^'eaoh hTs
but he may, in case the witness shall, in the opinion of the tenra'd'/bad"
judge, prove adverse, contradict him by other evidence, or eharaoter.
by leave of the judges, prove that he has made at other
times a statement inconsistent with his present testimony ;
but, before such last mentioned proof can be given, the cir- May contradict
cumstances of the supposed statement sufficient to designate elwenoe.''"*'
the particular occasion, must be mentioned to the witness,
and he must be asked whether or not, he has made such
statement.
38. If a witness, upon cross examination, as to a former Evidence of in-
statement made by him, relative to the subject matter of statement of a
the cause, and inconsistent with his present testimony, does be'rTcdTed™ '"
not distinctly admit that he has made such statement, proof
may be given, that he did in fact make it ; but before such
proof can be given, the circumstances of the supposed
statement sufficient to designarte the particular occasion,
must be mentioned to the witness and he must be asked
whether or not he has made such statements.
39. A witness may be cross examined as to previous Examinationof
statements made by him in writing, or reduced into writing, previous'state-
relative to the suJoject matter of the cause, without such ^™.^^ '" ""^^
writing being shewn to him; but, if it is intended to con-
tradict such witness by the writing, his attention must,
before such contradictory proof can be given, be called to
those parts of the writing which are to be used for the
purpose of so contradicting him : provided always, that it
shall be competent for the judge at any time during the
trial to require the production of the writing for his inspec-
tion, and he may thereupon make such use of it for the pur-
poses of the trial as he shall think fit.
546 EVIDENCE. [PART HI.
Chap. 135. 40. A witness in any cause may be questioned as to
Examination of whether lie has been convicted of any felony or misde-
witaossroiati™ meanor ; and, upon being so questioned, if he either deny
tion of crime' the fact or refuse to answer, it shall be lawful for the oppo-
site party to prove such conviction, and a certificate con-
taining the substance and effect only (omitting the formal
part) of the indictment and conviction for such offence,
purporting to be signed by the clerk of the court, or other
officer having the custody of the records of the courts
where the offender was convicted, or by the deputy of such
clerk or officer (for which certificate a fee of five shillings
and no more, shall be demanded and taken) shall, upon proof
of the identity of the person, be sufficient evidence of the
conviction, without proof of the signature or official charac-
ter of the person appearing to have signed the same.
Proof of instrn- 41. It shall not be necessary to prove, by the attesting
ments. witness; any instrument to the validity o'f which attestation
is not requisite ; and such instrument may be proved by
admission or otherwise, as if there had been no attesting
witness thereto.
Proof i)y com- 42. Comparison of a disputed Writing with any Writing
pariaon of iiand proved to the Satisfaction of the judge to be geniiine, shall
be permitted to be made by witnesses ; and such writings;
and the evidence of witnesses respecting the same, may be
submitted to the court and jury as evidence of the genuine-
ness, or otherwise, of the writing in dispute.
New matter in 43. Upon motions founded upon affidavits, it shall be
»^davH;B^may lawful for either party, with leave of the coUrt or a judge,
to make affidavits in answer to the affidavits of the opposite
party upon any new matter arising out of such affidavits,
subject to all such rules as may hereafter be made respect-
ing such affidavits.
On hearing mo- 44. Upou the hearing of any motion or summons, it shall
Sr prodi^*^ be lawful for the court or a judge, at their discretion, and
meStsfan'dap- '"Pd such terms as they shall think reasonable, from time
pearanoeofwit to time, to Order such documents as they may think fit to
be produced, and such witnesses as they may think neces-
sary to appear and be examined viva voce, either before
such court or judge, or before a commissioner, and upon
hearing such evidence, or reading the report of such com-
missioner to make such rule or order as may be just.
Mode of eiami- 45. The court Or a judge may, by such rule or order, or
neSe°. io!^''" any subsequent rule or order, command the attendance of
the witnesses named therein, for the purpose of being ex-
amined, or the production of any writings or other docu-
ments to be mentioned in such rule or order ; and such rule
or order shall be proceeded upon, as nearly as may be, in
the same manner as rules or orders made for the deposi-
tions de bene esse of witnesses, to be taken before a judge
or commissioner are now proceeded upon ; and it shall be
lawful for the court, or judge, or commissioner, to adjourn
TITLE XXXVI.] EVIDENCE. 547
the examination from time to time as occasion may require, Chap. 135.
and the proceedings upon such examinations shall be con- ^" '~
ducted, and the depositions taken down, as nearly as 1na,y
be, in the mode now itf use with respect to the viva voce
examination of witnesses de bene esse when about to leave
the province.
46. Any party to any civil action or other civil proceed- Judge may
ings in the supreme court, requiring the affidavit of a per- anoe'ff paS™"^"
son who refuses to make an affidavit, may apply by sum- ifMrvit^or't?*
mons, for an order to such person to appear and be ex- produee'doou-
amined upon oath, before a judge or commissioner, to whom
it may be most convenient to refer such examination, as to
the matters concerning which he has refused to make an
affidavit ; ■ and a judge may, if he think fit, make such order
for the attendance of such person before the persdfi therein
appointed to take such examination, for the purpose of
being examined as aforesaid, and for the production of any
writings or documents to be mentioned in such order, and
„ may thereupon impose such terms as to such examination,
and the costs of the application and proceedings thereon, as
he shall think fit.
: 47. Such order shall be proceeded upon, as nearly as may order, how to
be, in like manner as an order made under the second sec- on. ^™!^^ **
tion, and the examination thereon shall be conducted, and
the depositions taken down and returned, as nearly as may
be, in the mode now used with respect to the examination
de bene esse of witnesses about to leave the province.
48. Upon the application of either party to any cause or Production of
other civil proceeding in the supreme court, upon an affi- hand?*ome
davit of such party of his belief that any document, to the opposite party,
production of which he is entitled for the purpose of dis-
covery or otherwise, is in the possession or power of the
opposite party, it shall be lawful for the court or judge to
order that the party, against whom such application is made,
or if such party is a body corporate, that some officer to be
named of such body corporate shall answer on affidavit,
stating what documents he has in his possession or power
relating to the n^atters in dispute, or what he. knows as to
the custody they are in, and whetherjie objects,- and if so,
on what grounds, to the production of such as are in his
possession or power; and upon such affidavits being made,
the court or judge may make such further order thereon as
shall be just.
49. In all causes in the supreme court, by order of the interrogatories
court or a judge, the plaintiff may with .the declaration, and Kiii/ered *'^'
the defendant may, with the plea, or either of them by leave tlm or^pieaf'
of the court or a judge, may, at any other time, delivei- to
the opposite party, or his attorney, provided such party,
if not a body corporate, would be liable to be called and
examined as a witness upon such inatter, interrogatories
35
548 ETIDEJfCE. [PAET m.
Chap. 135. in writing, npon any matter as to which discovery may be
sought; and require guch party, or in the case of a body
corporate, any of the ofScers of such body corporate, witL
in ten days, to answer the question in writing, by affidavit,
to be sworn and filed in the ordinary Way ; and any party
or officer omitting without just cause, sufficiently to answer
all questions as to which a discovery may be sought, with-
in the above time, or such extended time as the court or a
judge shall allow, shall be deemed to have committed a con-
tempt of the court, and shall be liable to be proceeded
against accordingly.
Application for 50. The application for such order shall be made upon
madel '""' ^^^ affidavit of the party proposing to interrogate, and of
his attorney or agent, or in case of a body corporate, of
their attOTney or agent, stating that the deponents believe
that the party proposing to interrogate, whether plaintifiFor
defendant, will derive material benefit in the cause from the
discovery which he seeks, that there is a good cause of
action or defence upon the merits, and ifithe application be
made on the part of the defendant, that "the discovery is
not sought for the purpose of delay : provided, that when
it shall happen from unavoidable circumstances that the
plaintiff or defendant cannot join in such affidavit, the court
or a judge may, if they think fit, upon affidavit of such cir-
cumstances by which the party is preventedsfrom so joining:
therein, allow and order that the interrogatories may be de-
livered without such affidavit,
inoassofin- 51. In case of omission, without just cause, to answer
swOT^'imrty" sufficiently such written interrogatories, it shall be lawful
may' by order, for the court Or a iudsre, at their discretion, to direct an oral
be examined ■ ±- r j.t- ■ j. j. j j. 1 i_ ■ x
oraUy. examination of the interrogat§a party, as to such points as
they may direct, before a judge or commissioner ; and the
court or a judge may, by such rule or order, or any subse-
quent rule or order, command the attendance of such party
before the person appointed to take such examination, for
the purpose of being orally examined as aforesaid, or the
production of any writings or other documents to be men-
tioned in such rule or order, and. may iiSppse therein such
.terms as to such examjpation,andthe costs of the application,
and of the proceedings thereon, and otherwise, as to such
court or judge shall seem just,
oraiexamina- 52. Such rule or Order shall have the same force and
ken.' '""' '"" effect, and may be proceeded upon, as nearly as may be, in
like manner as an order made for the deposition de bene esse
of witnesses about to leave the province, to be takf p before
a judge or commissioner, except that the answers 'to the
interrogatories, or the oral examinations, shall be held to
be taken absolutely, and not de bene esse^ unless otherwise
specially ordered. • u
Depositions to 53. Whenever, by virtue of sections forty-four, forty-five,
ofpnShonptary forty-six, forty-seven, fifty-one, and fifty-twoj an examination
or commission-
er.
TITLE XXXVl.] EVIDENCE. ' 549
of any witness has been taken before a judge of the supreme Chap. 135.
court, or before a commissioner, the depositions taken down
by such examiner shall be returned to, and kept in the office
of the prQthonotary of the court, and office copies of such
depositions may be givOTi out, and the depositions may be
otherwise used in the same manner as in the case of depo-
sitions now taken de bene esse of witnesses about to leave
the province, except that the depositions shall be held to
be taken absolutely, unless otherwise specially ordered.
54. It shall be lawful for every judge or commissioner Report of judge
named in any such order or rule as aforesaid for taking '
examinations under sections forty-four, forty-five, forty-six,
forty-seven, fifty-one, and fifty-two, and he is hereby required
to make, if need be, a special report to the court, touching
such examination, and the conduct or absence of any witness
or other person thereon or relating thereto ; and the court is
hereby authorised to institute such proceedings, and make
such order or orders upon such report as justice may re-
quire, and as may be instituted and made in any case of
contempt of the court.
55. The costs of every application for any rule or order costs,
to be made for the examination of witnesses by virtue of sec-
tions forty-four, forty-five, forty-six, forty-seven, fifty-one,
and fifty-two, and of the rule or order, and proceedings
thereon, shall be in the discretion of the court or judge by
whom such rule or order shall be made. '
56. The term commissioner, wh^n used in this chapter. Term "oommis-
shall include a commissioner appointed for taking affidavits "°°°'^-"
to hold to bail, and a commissioner specially appointed un-
der this chapter.
57. If the parties in any cause pending in any court, Biamination
consent in writing, to examine witnesses residing out of the l^tf^ ^^ '""^'
province, whether by interrogatories or viva voce, such con-
SQpt 8.nd the proceedings had thereunder shall be as valid
in all respects as if a commissipn had been sued out and the
proceedings had thereunder.
58. Rules for commissions for the examination of wit- Rules for em-
. T ij-ii • ' 1 ji missionsmaybe
nesses residmg out of the province may be made by any sjcanted by pro-
prothonotary, upon the usual ground laid in the same way "'""''"'ry. ^\
as the supreme court or a judge thereof grant the same.
59. Examination of witnesses residing abroad may be Proceedings on,
opened by the prothonotary of the court at the instance^miMion."*^ *"''"
of either party ; and either party may notify the other of
their being so returned, and no objections to such examina-
tions being read shall, avail, unless taken within eight days-
next after such notice served ; the party objecting shall be
required to specify his objections in writing, an4 the court
or a judge, on summons, may then hear such objections and
decide thereon.
60. No examination of witnesses residing abroad; or eximinatioMto
taken de bene esse, shall be set aside by the court or any be made on asa-
550 ' JURIES. [part in.
Chap. 136. judge thereof, unless the party objecting shall lay grounds
ra\'echnM°°* ^^ affidavit, whioh may be opposed as in other cases ; and
grounds. unless the court or judge shall be of opinion that the objec-
tions are not of a purely technical character, and that sub-
stantial justice requires that such|f bjections should prevail,
which shall be so expressed in the order.
Application of 61. Sections fourteen, fifteen, sixteen, and seventeen shall
see ions. ^^^ apply to anv actions commenced before the fourth day
of April, 1855. '
CHAPTER 136.
OP JURIES.
Qualification of 1- All persons Dot hereinafter exempted, or who may
grand jurors, ^q^ otherwise by law be exempted, who shall have resided
twelve months within the county, and shall hold a freehold
estate within the same, if within the county of Halifax of -
the yearly value of thirty pounds, and if in any other county
of the yearly value of fifteen pounds, or shall be possessed
of a personal estate, if within the county of Halifax of the
value of five hundred pounds, and if in any other county of
the value of three hundred pounds, shall be qualified to
serve as grand jurors for such county.
Qualification of 2. All persons not hereinafter exempted, or who may
petit jurors, not otherwise by law be exempted, whether liable to serve
as grand jurors or not, who shall have resided twelve
months within the county, and shall own property within
the county to the value of two hundred pounds, shall be
" qualified to serve as petit jurors for such county.
Persons exemp- 3. The members of the executive and legislative Cotfli-
ing?n"j'ur1eri cils and of the house of" assembly, and the officers
bMo"erve"°" thereof while in session, the receiver general, the financial
oftener than secretary, and the secretary of the province, the surveyor
years, except in general of crown lands, and„the clerks employed in their
special cases, g^veral offices, the registrar of deeds, the officers of her
majesty's courts, justices of the peace and members of the
corporation of the city of Halifax, the officers composing
the stafi" of the army, the clerks belonging to the several
departments of the army, the officers and clerks belonging
to and laborers employed in the naval yard, naval hospital
establishment, the victualling establishment or her majesty's
ordnance, or the departments of the customs, or excise^ or
post office ; ministers, attornies, physicians, surgeons, keep-
ers of Hght houses, millers, licensed ferrymen, teachers of
academies, licensed schoolmasters, mail couriers, engine
men and firemen, sworn electric telegraph operators, persons
TITLri XXXVI.] JURIES. 551
under tM'^enty-one and above sixty years of age, and the Chap. 136.
cashiers or accountants and tellers actually employed in the
.several banks, shall be exempted from serving on juries ;
and no person shall be liable to serve on grand or petit
juries more than once in three years respectively, unless
in cases where a new summons shall be issued for jurors to
supply the place of jurors not attending as hereinafter
directed.
4. The sessions shall from among their number appoint oommittee for
a committee of five justices, resident in different sections J'evFstng'yry
of the county or district, for the purpose of preparing and ^'oi^'tgf^ '^^'
revising the grand and petit jury lists of the county or "" ^ "
district, and shall from time to time appoint others to act in
the ro(i.m of such as may die or be removed.
5. The committee, having been sworn, shall have free Duty of.ooiiT-i, •
access to.all public papers and accounts, and shall prepare "' "ubite "pa!'
and annually revise the lists, and shall transmit copies p^"- *«•'&««•
thereof to the prothonotary.
6. The lists shall be valid though all the justices appoin- Si whoii**'com-
ted shall not act in the compilation or return thereof. mittee do not
7. The list of grand jurors shall contain all the christian ^^sta of grand
names and the surnames of all those qualified to serve as i^in"ame3°ad
grand jurors, their places of residence, trades, callings or ditions, &e.'
employments, and whether senior or junior, or by any other
appellation by which they may be usually called or known.
:% 8. The list of petit jurors shall contain all the christian Lists of petit
names and the surnames of all those qualified to serve t?ouiara! ^ ^
either as grand or petit jurors, their places of residence,
trades, callings of employments, and whether senior or
junior, or by any other appellation by which they may be
usually called or known.
9. The court of general sessions in every county or General ses-
district of this province, shall, from time to time, as they ^™e ^the^mfm-
may think requisite, fix and- determine what number of such ^"'^ of jurors to
1 ■ f 1 i 1 ■ £■ T. r J.I. ^^ summoned
persons, qualified to serve as grand jurors tor each oi the annually,
townships, settlements, or electoral districts, in the county
or district, shall be annually summoned to serve as such
jurors.
10. When the lists of jurors shall have been completed copies of jury
by the committee, a copy shall be given by them to the edfnot?c*e?obe
clerk of the peace, and another copy to the prothonotary, |c^f° *ro™o?'
who shall forthwi^ post up a copy of such list in their omissions in.
oflSces, respectively, and keep the same posted up for at
least one month ; and such committee, or a majority thereof,
shall meet in the county or district court house, within two
months from the last day of the sessions at which they were
appointed, to revise such lists, a notice of the time ofhold-
ing such meeting to be given on such lists so posted up,
and shall hear and decide upon objections to the correct-
ness of such lists, either as to names appearing thereon, or
as to names omitted, therefrom. •
552 JURIES. [PA|T III.
Chap. 136. 11. The committee shall thereupon forthwith furnish
Corrected lists ^he prothonotary with a copy of such lists so corrected and
to^prShonS.^^S'ie'^ '^y *'^®™' ^°^ the lists shall be held valid, notwith-
ry, effect of standing the omission of persons qualified or the insertion
ssions. 0.. ^^ ^jjg names of persons not qualified as grand or petit
jurors, respectively.
Lists to be post- • 12. The Ust of jurors shall be kept posted up in the
tar'y's^fflceT"' prothonotary's office, and when the juries are drawn to
be markedr"*" serve for each year, the prothonotary shall mark opposite
to the name of each person the year he was drawn to serve
and whether as a grand or petit juror.
Remuneration 13. The grand jury, in general sessions, shall vote annu-
revisSgii'sts! ^^^J ^ Compensation of seven shillings and six pence to
each of the committee of justices who revise the lists as
». aforesaid, with travelling fees at the rate of three pence
per mile coming and returning ; and six pence per folio for
cdpies of the lists furnished by them.
Inserting 14. Any justicc appointed to revise such lists, who
petent°or°omuI ^^^^^ kuowiugly put any person thereon who is not quali-
ting competent fied, or omit any person who is qualified, or who shall wil-
persons in is s, ^^jj^ neglect his duty in any other respect, shall be liable
to a penalty of not less than ten, nor more than fifty pounds.
Where jurors 15. In any county or district where grand or petit
have not been • n j. i i ^ j.i j. ■ i
drawn for the jurors have not been drawn lor the current year, a special
current yeaj. gessions may appoint a committee of justices to revise the
lists of jurors, and after the same are revised in manner
directed by this chapter, and returned by the committee to
the prothonotary, he, together with the sheriif or his deputy,
shall forthwith draw a jury or juries, as . may be required,
and the prothonotary shall issue venires for summoning the
same ', and such lists need not be drawn in open court, or
signed by a judge of the supreme court.
Form of revised 16. Revised lists of grand and petit jurors, hereafter to
lists. Ijq prepared, shall be in the forms of schedule A, hereto
annexed.
Designation of 17. The designations of jurors shall hereafter be written
wdttln°upon upon the tickcts containing their names, and also upon the
•tickets, &0. several panels and venires in the same way as they are upon
the revised lists.
Revising com- 18. The Committee of justices to revise the lists shall
S^osena"nnuai- ^^ chosen annually, but shall continue in office until their
ly, duration of. successors are appointed.
Lists of petit _ 19. The Committee appointed for the county of Halifax
Sx°sls^8foSf '' shall also prepare and annually revise a list of those persons
how prepared, ^q^ qualified to scrve as grand or petit jurors, and shall
return such list to the clerk of the peace, which list shall
be the list from which the petit juries for the sessions at
^ Halifax §hall be drawn ; and such petit juries shall be drawn,
summoned and sworn in the, same manner, and subject to
the same rules and penalties as petit juries in the supreme
court.
TITLE XXXVI.] JURIES. ' 553
20. No person living more than fifteen miles from, the Chap. 136.
city of "Halifax shall be placed on any list for the county of What distance
TT i-j: '' fromHahfrxto
ilailiax. , 0 exempt.
21. . The general sessions for the district of Saint Mary's st. Marys ais-
shall appoint three justices to revise the list of grand jurors iSt.'fow'revi-'^''
for the district, as often as may be requisite. ^®'^-
22. The inhabitants residing within the district of Saint Liability or
Mary's shall alone be. liable to attend as jurors at the ses- Si"g wUhirst.
sions held in the district, and they shall not be liable to to^'sYrve^as""*
attend as jurors at the sessions held at Guysboroagh ; but s'o-t^d. jurors,
nothing in this section shall be construed to exempt such
persons from their liability, to attend as jurors at the
supreme court at Guysborough.
23. The clerk of the peace for the district of Saint saiit Marys
Mary's shall draw from the list a grand jury on the last day juiV.howdrawn
of the sittings or term of the sessions, to be summoned to ^" '"^^ a»ssions:
attend the next term or sittings of the court.
24. The prothonotary, as soon as possible after the Names of grand
return of such lists, shall have the names of all persons to"be^pi'aoid"y
mentioned therein written on distinct and separate pieces Fn separate"''^
of paper, so folded as to conceal the names thereon, and ^'"^^■
shall place the same in separate boxes ; those names placed
on the grand jury list being put into the grand jury
box, and those on the petit jury list into the petit jury
box.
25. During the sitting of |.he court on the last term in Grand jury, how
each year, the prothonotary s'^all draw from the grand jury mS."'"''*"™'
box in open court, and before drawing the petit jury, the
number of names fixed and determined by the sessions or
b)' the committees thereof, to serve as grand jurors for each
township or settlement, in such county or district during
the ensuing year, and shall thereupon make a list of such
names as shall first be drawn, setting aside the names of
those who have served within two years then next preced-
ing, which list shall be signed by the presiding judge ; and
the prothonotary shall issue writs of venire facias for the
summoning of such jurors, and shall deliver the same to the
sheriff- at least thirty days before the first term or sittings
of the supreme court or general sessions at which such
.grand jury shall be bound to attend, and the sheriff shall
thereupon cause such jurors to be summoned at least four
days befor^the time appointed for their attendance.
26. The prothonotary for the county of Guysborough, ^uy"boix)ugh°'^
immediately after drawing the grand jury for the supreme sessiorfs, how
court, shall draw in the usual mode from the apartments of '^*^°'
the grand jury box allotted to those portions of the county
not included in the district of Saint Mrry's, a grand jury to
attend at tlie sessions in Guysborough, who shall be sum-
moned in the usual manner, and shall return the names of
such grand jury into the box ; such drawing shall not
exempt them from serving as" grand jurors at the supreme
C54
JUKIES.
[PAKT III.
Chap. 136,
Foreman of
grand jury, how
clioBon.
Petit jurors,
how drawn and
ffummoned.
Special jUricf),
how obtained ;
motion for,
wljen to be
made.
How drawn,
struck, and
summoned.
Panel to be rei
turned.
Halifax to have
two panels ;
mode of service.
court, but they shall not be liable to serve as jurors at the
sessions oftener than once in three years.
27. When above twelve af the grand jury shall assemble
in court for the first time in each term, they shall choose a
foreman, who shall be foreman of such jury for the term,
and such foreman and jury shall be sworn in the usual
manner.
28. At each term of the supreme court the protbono-
tary shall, in open court, draw from the petit jury box a
number of names to form the panel of petit jurors for the
ensuing term, and setting aside the names of all those who
shall have served either as grand er petit jurors within two
years then next preceding, or who shall then be serving or
drawn as grand jurors, shall prepare a list containing the
names of those first drawn, and have the same signed by
the presiding judge, and shall issue writs of venire facias
for the summoning thereof, and deliver the same to the
sheriff at least thirty days before the ensuing term ; "and
the sheriff shall cause such jurors to be summoned at least
four days before the time appointed for their attendance.
29. In any civil cauSe, information or indictment for a
misdemeanor, the court upon motion shall order a special
jury for the trial thereof, which motion shall be made within
the time limited for the defendant's appearance; but the
court may at its discretion, upon sufficient cause shewn,
allow such jury at any future^^ay ; and the court may order
a special jury for the assessnjent of damages upon motion
in cases where the assessment is to be made before them.
30. When special juries are ordered, the prothonotary
shall draw thirty-six names from the petit jury box in civil
cases, and forty-eight in cases of information, or indictment
for misdemeanor, setting aside the names of any persons
then serving as grand jurors ; and the number having been
reduced to eighteen in civil cases, and twenty-four in cases
of information or indictment, in the usual manner, they
shall be summoned at least forty-eight hours before the time
appointed for their attendance.
31. There shall be returned a panel of twenty-four
jurors to each short term in the country, and two panels of
twenty-four jurors each, at each extended term in those^
counties where the term can be so extended ; in Halifax the
panel shall consist of thirty-six jurors. ^
32. There shall be two panels of jurors drawn and
summoned for each sittings alter term at Halifax, the first
whereof shall be summoned for and bound to attend on the
first Wednesday of such sittings, and thence until the
second Wednesday thereof; and the other shall be sum-
moned for and bound to attend on the second Wednesday
thereof, and thence until the termination of the sittings,
except at the Michaelmas sittings, when thfe first panel shall
again attend on the third Wednesday for a week ; and the
TITLE XXXVI.]! JURIES. 555
respective panels shall so continue to attend by alternate Chap. 136.
weeks until the termination of the sittings. ~ — *=
33. There shall be two panels of jurors drawn and sum- Kctou and
raoned for the county of Pictou at the October term, and ha^^laohV^
for the county of Cumberland at the June term, the first of f ""^terms'^e''
which panels shall be summoned for and bound to attend speoUveiy.
on the first day of the term, and thence until the^ succeeding
Monday, and the other shall be summoned for and bound
to attend on the first Monday of such term, and thence until
the termination of the sittings.
34. A jury impannelled for the trial of a cause which jury impanei-
shall go over the the time specified for the attendance oi]^^^^^.!^^
such jury, shall not on that account be discharged.
35. The whole panel of jurors shall be called on the Paneitobeostii-
first day on which they are bound to attend, and before any ^^ on the Brat
cause to be tried by a jury shall be proceeded in, and all rSto be fined'
jurors not then in attendance shall be fined.
36. When the second panel shall not- have been called s^,™"'' P,*°f,V
. 1^ . 1 Ti 1 1 • when not caU-
upon to serve as a lury, their names shall be returned mto ed.tobaretum.
,1 1 -n , T ed as not made.
the boxes as it not drawn.
37. If a suflScient number of grand or petit jurors do Names of jurors
not attend, or if it is probable that a sufficient number may to be returned
not attend, the names of those who do not attend shall be others to be*"*
returned to the box as if they had not been drawn, and the summoned
1 T 11 1 1 PI I'll forthwith.
pronothonotary shall draw the names of others liable to
serve, and shall cause the sheriff immediately to summon
those whose names have been so drawn to attend forth-
with.
38. Any grand juror who, having been duly summoned, Grand jurors
shall not attend, shall be fined not less than^pn nor more attendance.
than forty shillings for each day's neglect. ^
39. All fines for non-attendance of jurors shall be levied ^^''.^^o^^^'^.E,
by warrant of distress ; such warra'nt shall be made out and and to whom
delivered by the prothonotary to the sherifi", immediately ^^^^
after the calling of the jury each day, and the sheriff shall
proceed at once to enforce the same, and shall forthwith
return to the prothonotary a statement of all fines received
by him, which statement shall also set forth the reasons why
such fines, if any, have not been collected; and the sheriff
shall at the same time pay over to the prothonotary the full
amount by him received, deducting ten per cent., and the
prothonotary shall immediately lay such statement before
the couTt, if then sitting, or otherwise at the next term
thereof in the county ; and he shall also at the end of each ,
term pay over the amount of fines collected, deducting five *
per cent., to the county treasurer for county purposes, and
shall take his receipt therefor, which shall be laid before
the court at its next sitting.
40. Every petit or special jury, for the trial of civil ^^["^^'^^""ggY
causes, inquisitions, and issues, shall consist of nine persons,
of whom seven, after at least four hours deliberation, may
556
JURIES.
[part III.
Jurors not to be
depriTed of
food, &c.
Pay of jurorB.
List of jurors to
be prepared,
wftn their at-
tendance and
travel ; to be
paid out of
county funds.
Chap. 136. return a verdict; and the petit jury for criminal trials shall
consist of twelve persons who must be unanimous in their
verdict.
41. The practice of keeping a jury without meat, drink,
or any other comfort until they agree upon their verdict
is abolished.
42. Each petit and special juror shall be entitled to re-
'ceive and be paid the sum of two shillings and sixpence per
day, for his actual attendance as a juror at the supreme
court, and also six pence per mile for every mile he shall
necessarily travel from his place of residence to the court
house ; such actual attendance and distance to be ascer'
tained by the oath of the juror. ■
43. The prothonotary in each county shall, on the last
day of the sittings of the supreme court in each term, and of
the sittings of such court in Halifax, and also, at the end of
the first week of the sittings in those counties where the
sittings can be extended, prepare and certify a list of the
jurors who actually attended such court, with the number
of days attendance, and the actual travel of each juror re-
spectively, and the amount to which each juror is entitled,
and shall deliver such list to the presiding judge, who shall
certify the same ; and the treasurer shall forthwith there-
upon pay, out of the county funds, to each juror, the
amount which such juror appears entitled to receive, upon
such list.
44. To provide a fiind towards the payment of jurors
under this chapter, the following fees shall be paid by
plaintiffs to the prothonotary, and by him into the county
treasury, vi^: on the issuing of writ of mesne pro-
cess, except^i summary and subsummary suits, two shil-
lings and six pence, and on the swearing of every jury,
thirty shillings ; the above fees' to be taxed and allowed,
and included in the costs in the cause.
45. Any petit or special juror who shall not answer to
his name, when called, shall forfeit his day's pay, and for each
day's absence, shall pay a fine of ten shillings, to be col-
lected as follows: the judge, on the sheriff's affidavit, that
the juror was duly summoned to attend the court, shall, on
the last day of the term or sittings, unless such juror shall
have been previously excused, order an execution to be
issued for the amount of the fines, in the name of the pro-
thonotary, who shall have the same collected immediately
and shall pay the same into the county treasury, and the
prothonotary shall have a commission of five per cent., and
the sheriff ten per cent, on the amount so collected.
46. The county treasurer shall keep an account of all
ments.*"*^ ^°'^" receipts and payments under the two last sections, such ac-
count to be laid before the sessions with his other accounts.
Jurors, how re- 47. The court or presiding judge may relieve any juror
finls.*^ '^'"" from such fine, in whole or in part, on sufficient reason
Fund to be
raised by fees.
Fines, and
mode of eoUoo-
tiou.
Accounts of re-
TITLE XXXVI.] JUEIES. 557
being shewn on oath, which, if in writing, may be made Chap. 136,
before a justice of the peace.
48. Talesmen shall be entitled to receive one shilling Pay of taies-
and three pence on giving a verdict on the trial of civil ™™'
causes, inquisitions and issues ; such sum to be paid
by the prothonotary out of the thirty shillings paid in by
the plaintiff in the cause in which such talesmen were
awarded and ijeturned.
49. In all criminal trials four iurors mav be peremp- challenge on
J. -1 1. n J j.i_ i ^ ii part of crown.
torily challenged on the part ot the crown.
50. In case. of the illness of a juror after he shall have Proceedinga in
been sworn in any civil cause, it shall be in the discretion j'uroJ."^** °^
of the presiding judge to allow the cause to proceed with-
out him ; aiid the verdict shall be valid, provided seven iof
the remaining jurors shall concur therein.
51. The court or presiding judge may amend the lists Amendment of
of jurors by striking out the names of persons not liable to ^^wed!'^'' ^™"
serve, or inserting the true name or addition of any person
therein improperly designated or described, or by adding
the name of any qualified person brought to their know-
ledge ; and the prothonotary shall keep a memorandum of
all such amendments and annually return the same to
the clerk of the peace, to .be laid before the revising
justices.
52. The prothonotary shall cause the names of the spe- Special jury,
cial jurors to be written on distinct and similar pieces of oaiYed'on'tria".
paper, and having folded the same so as to conceal the
names, and placed them in a box, shall proceed to draw the
jury therefrom, and the nine or twelve, in civil or criminal
cases respectively, whose names shall be first drawn, and
who shall be in attendance, shall be the jury for the trial of
the cause or assessment of damages.
53. The prothonotarv shall cause the names of the petit Petit juries,
i 1 -ii I- i- J. J • •^ ■ „c how drawn and
jurors to be written on distinct and similar pieces oi paper, called on trial.
and having folded the same so as to conceal the names, and
placed them in a box, shall, on the first cause being called,
proceed to draw the jury therpfrom, and the nine or twelve
in civil or criminal cases respectively, whose names shall be
first drawn, and who shall be in attendance, and shall not
be challenged, shall be the jury for the trial of the cause ;
and when another cause shall be called, the prothonotary
having returned into the box the names of those who have
been challenged, or who have not appeared, shall proceed
to draw the jury therefrom until all the names have been
drawn, when the names of such as have served on previous
juries shall be returned to the box, to be drawn in like
manner.
54. When a full jury shall not appear, or appearing, Taies_ may be
shall be challenged or otherwise prove deficient, a tales de either party.
circumstantibus shall at the instance of either party be
awarded and returned immediately.
558
INSOLVENT DEBTORS.
[PAET iir.
■ >
Chap. 137. 55. In all cml causes, informations, and indictments for
misdemeanors, either party may peremptorily challenge, if
in Halifax four, if in any other county three, of the jurors
or talesmen.
;/56. The duties ■ imposed by this chapter on the protho-
iiotary shall be performed by the clerk of the peace where
necessarily devolving on him.
5-7. Sections thirty-one, forty, forty-one, f#rty-two, forty-
three, forty-four, forty-five, fdriy-six, forty-eight, forty-irine
and fifty, shall rem9,in in force' until the first day of June,
1859, and from thence to the end of the then next session
of the general assembly.
ChaUenges
without cause
allowed.
Duties of pro-
thonotary to be
porformed by
clerk of peace
in certain cases.
Duration of
sections/
SCHEDULE A.
County of .
Tlie return of revising magistrates, of persons qualified to
serve as granci, or petii jurors.
Trade, calling,
or employment.
Township or
settlement.
Cljristian and surname at
rail length, and whether
senior or junior.
Appellation— by. ^
wnioh known; ; ;f
CHAPTER 137.
OF THE BELIEF OF INSOLVENT DEBTORS.
Commissioners
appointed, how.
Prisoner to ex«
hibit petition
and schedule
annexed.
1. Commissioners for giving relief to insolvent debtors
shall be appointed by the governor in council.
2. Where any person imprisoned upon any writ of mesne
process, execution or attachment for non-payment of costs,
issuing. out of the supreme court, shall desire to take the
benefit of this chapter, he shall exhibit a petition to a judge
of the supreme court, or to two commissioners, praying fo-r
his discharge. The petition shall be accompanied by a
schedule of all the property, real and personal, of the debtor,
of all debts due or growing due to him, and of all securities
by him held, which might by any possibility be made avail-
able, or which might become assets in the hands of his
representatives, and also, so far as the same can be obtained
TitLE XXXVI.] INSOLVENT DEBTORS. 559
by the debtor, a statement showing the amount of his Chah. 137.
liabilities. ~
3. The judge or comm^issioners shall thereupon forth- Summonsthere-
with issue a summons caUing upon the creditor, at whose "^™ " "^'*°"
suit the debtor is imprisoned, at a certain time of place to
be therein named, to show cause why such prisoner should
not be discharged.
4. True copies of the summons and schedule shall be Copy of sum-
served on the creditor, his attorney or agent, or where a dX^how^s^ir-'
debtor is imprisoned at the suit of the crown, on the attorney Jatc o*fTe*rTice'
general, at least forty-eight hours before the time appointed tm return to be
? 1 • J 1. j.1. j'i !,• ■ J.J. propc rtioned to
for shewmg cause ; and where the creditor, his attorney or aistanoe.
agent, or the attorney general, shall reside more than twenty
miles from the place so appointed, twenty-four hours addi-
tional shall be allowed for every additional twenty miles.
The service of such copies, if not admitted, must be proved
on oath by the person serving the same, which oath may be
administered by a justice of the peace, and a further time
may be allowed for the examination, in the discretion of the
judge or commissioners, where the creditor himself has not
been served.
5. At the time appointed the judge or commissioners Oath to be ad-
shall, if desired by the creditor, administer an oath to the prisoner if re-
debtor in the following form : quired.
'■' I, A. B., do swear that I will true answer make to all
such questions as shall be asked me on this examination."
6. The judge or commissioner shall give an order for Order for ais-
the discharge of the debtor, unless in the cases hereafter sigBment made
provided for, upon the debtor's making an assignment to the fo°rm°of'oath™'
creditor, in trust for the payment of the debt, of his real «°°fe^8ion may
and personal property, upon his taking and subscribing an ease of mesne
oath to the following effect : prooeei.
"I, A. B., do swear that the schedule annexed to my peti-
tion contains a true account of all the real and personal .
estate which I or any person? in trust for me at the time of
my petition had, or now have, or may hereafter have, except *
the wearing apparel and bedding for me and my family, and
the tools or instruments of my trade or calling, not exceed-
ing ten pounds in the whole ; and that I have not since my
imprisonment or before, conveyed in trust for myself, or
otherwise except as in such schedule mentioned, any part
of my property whereby to defraud any of my creditors.
So help me God."
The taking of which oath maybe waived by the creditor;
and in case of imprisonment under mesne process, if the
judge or commissioners are satisfied of the existence and
amount of the debt, the debtor shall sign a confession of
judgment therefor, and shall do such other acts as the judge
or commissioner shall direct. .♦ _ Debtors at the
7. When a debtor is imprisoned at the suit of the crown s»it of the
and the judge or commissioners ara satisfied of the insol- cLajged."'' '*"
560 INSOLVENT DEBT0E3. [PART III.
Chap. 137. vency of such debtor, he or they shall certify the same,
to get her with an iuventory of all the property of the debtor,
and the governor may thereupon by warrant under his
hand and^eal, order the attorney general to assent on be-
half of her majesty to the discharge of the insolvent, either
with or without an assignmnet of his property,
beremanded'on ^' ^^ *^® Creditor, or in his absence his attorney or
affldarit. agent, shall forthwith, in the presence of the judge or com-
missioners, make an affidavit in writing, stating that he has
good reason to be dissatisfied with the acce«nt given, and
believes that the debtor has not disclosed the whole truth,
or has other property than that by him admitted, the judge
or commissioner shall remand the debtor, and appoint
another day for the further hearing of the matter, and shall
on that day again meet and discharge or remand the debtor,
or make such further order as the justice of the case may
require.
In cases of 9. When upon the examination of the debtor, or of any
may ilroman- witnesses that may be produced on either side, and which
notexoeeS.ing'^ wituessos shall be bound to attend on subpoena as in actions
one year. depending in the supreme court, the dfebt shall appear to
have been fraudulently contracted, or any fraudulent cir-
cumstances have occurred in respect of such debt, or in
respect of the delay of payment thereof, or in respect of
the conduct of the debtor with regard to the disposition of
his property, the judge or commissioner may remand the
debtor for such time, under one year, as he or they shall
deem proper under the circumstances, at the end of which
time the debtor shall be discharged on making the affidavit
and assignment of his property before a judge or any two
commissioners.
Two justices, 10. Where the debtor is imprisoned under a capias or
easeof prooes" execution issuod by a justice or justices of the peace, any
•ustioS "court *^° justices shall possess the same powers in respect to the
relief of insolvent debtors as a judge.
*Appeaitobe 11. In cases where the hearing shall be had before com-
partyf *''^^' missioners or justices of the peace, the debtor shall be en-
titled to an appeal ; and if the creditor, or in his absence
his attorney or agent, shall demand an appeal, and shall
make an affidavit in writing that he is dissatisfied with the
decision and that the appeal is not made for the purpose of
delay only but that substantial justice may be done him there-
in, or to that efiect, the commissioners or justices shall grant
such appeal and remand the debtor.
Supreme court, 12. The Supreme court shall be the court of appeal if it
or a'apMiaYsee- ^^^^^ ^® sitting within the Same county at the time the order
gions, to be the appealed from was made, or if such sitting shall be held
appea . ^j^jji^ ^^^ ^^^yg from ^he making of such order ; when such
shall not be the case,Then any judge of the supreme, court,
if within such county, and in case a judge shall not be pre-
sent, then a special sessions of the peace shall be the court
TITLE XXXVII.] WEIT OP DOWER. 561
of appeal. The special sessions shall be summoned by the Chap. 138
prothonotary and 'be held within three days, and shall, con-
sist of any three justices of such county not concerned in
the making of* the order, the custos to be one in all cases
where he shall not have been concerned, absent from the
county or incapacitated by illness from attending.
13. The court of appeal shall hear and determine such Powers of the
appeal, and make such orders therein from time to time as *"""■' "^ ^-ppeai.
it shall deem proper, such orders being not inconsistent
with this*chapter.
14. The judge, commissioners, justices, and court of Pape" to be re-
appeal, shall return to th^npreme court of the county all sSprame'court.
the papers connected wit^Bieir proceedings on such appli-
cations and appeals. ""Ji "
15. Upon receiving an order to that effect from the dfs'2»?gedby
judge, commissioners, justices or court of appeal, the ofiScer order.
in whose custody such prisoner shall be, shall discharge
him therefrom as regards the suit expressed in the order.
16. Where any person shall be^ischarged under the Property sub-
• • i? it,- ■^1- i. ii J. u 4.1 sequently ao-
provisions oi this chapter, the property subsequently ac- gmred liable
quired by him may nevertheless be levied upon for tiie ""'®'^®''*-
debt.
17. When any person shall be disharged under the pro- sheriff's fee«,
visions in this chapter, the party at whose suit he has been therefor on a
committed to jail, or in case of his absence from the pro- "I'sobarge.
vince his attorney, shall be liable to pay the sheriff his fees
for the service return and travel necessary in serving the
process.
TITLE XXXVII.
OF ACTIONS RELATING TO REAL PROPERTY.
CHAPTER 138.
OF THE WEIT OP DOWEE.
1. When the heir or other person having the freehold, widow entitled
shall not within one month next after demand made, assign when not aa-"^'
to the widow her reasonable dower, she may sue for and ^jfe^^oShatier
recover the same by writ of dower. demand.
2. The writ of dower shall be, as near as may be, in the writ to be ia
/. 1 , p J the form here.-
lorm heretofore used* _ . _ tofore used.
3. Upon judgment being given for the widow, reason- Damage may
able' damages shall be assigned to her from the time of the w1thhifdUii5°'
demand made. ^°''"-
562 PAETITION OP LANDS. [PAET III.
Chap. 139. 4_ Writs of seisin thereon shall be, as near as may be, in
Form of writ of the forms heretofore used.
Bower how set ^- The ofScer to whom the Writ, is directed shall cause
forth. ' the dower to be set forth by five freeholders' of the neigh-
borhood, three of whom at least shall concur, who shall be
sworn before a justice of the peace, to set forth the same
impartially, without favor or affection, and as conveniently
as may be.
Of special en- 6. Where no division can be made by metes or bounds,
where property the widow shall ^6 endowed in a special manner as of a
indivisible. ^jj;j.jj ^^^^ ^f ^.j^g j.g^^g ^^ Otherwise.
Waste not to he 7. A woman endowed of landg shall not commit or suf-
suffered.^'' " ffiJ" waste thereon, but shall ma^tein the buildings with the
fences and appurtenances fti gdiftr repair, during her term.
/chapter 139.
OF THE PARTITION OF LANDS.
Partition may 1- ^ persons holding lands as joint tenants, coparce-
be as at com- ners Or tenants in common, mSy be compelled to divide
der this chap- ' the Same, either by writ of partition at the common law, or
**'■ in the manner provided in this chapter.
„ ,. , 2. Any one or more«of the persons so holding lands,
Proceedings to J . . , ^ x ^ ii ° j.
beoommeneed may apply, by petition to the supreme court tor the county
Xreme oourt,j where the lands lie, for a partition of the same, and such
court may cause partition to be made accordingly ; and the
shares of the petitioners shall be set of and Assigned to
them, and the residue of the premises shall remain for the'
persons entitled thereto, subject to a future partition
among them if there is more than one person so entitled.
Petition, by 3. Such petition may be maintained by any person who
toined™""'" ^^^ ^D estate in possession, but not by one who is entitled
only to a remainder or reversion.
Who may main- 4; No tenant for any term of years, unless twenty j^ears
am pe i ion. ■^jjgj.eof at the least remain unexpired, shall maintain such a
petition against any tenant of the freehold ; but when two
or more persons hold jointly or in common, as tenants for
• any term of years, either of them may have his share set off
and divided from the others in the same manner as if they
. had all been tenants of the freehold.
Duration of 5. Such partition between two or more tenants for
fween'te'liant^s*'' years shall continue in force only so long as their estates
(br years. eudure, and shall not affect the premises when they revert
to the respective landlord^ or reversioners.
Contents of po- g. Every petition for a partition shall set forth the rights
ments'to'beail and titles, SO far as known to the petitioner, of all 'persons
Jtage*! "^* "'"'^ interested in the premises who would be bound, by the
TITLE XXXVII.] PARTITION OF LANDS. 563
petition, whether they have an estate of' inheritance, or for Chap. 139.
life, or years, and whether it be an estate in possession or "■ "- —
in remainder or reversion, and whether vested or contin-
gent ; and if the petitioner holds an estate for life or years,
the person entitled to the remainder or reversion after his
estate shall be considered as one of the persons so inter-
ested, and shall be entitled to notice accordingly; such
petition or any subsequent proceeding had thereon may bo
amended at any time upon such terms as the court or
a judge may impose. .
7. The petition shall be filed in the same manner as a Petition to be
declaration, and a summons to appear and answer thereto monsto^?ssua
shall be signed by the prothonotary, and a copy thereof with w°"a oopFof
a copy of such petition, accompanied by a rule to plead and J'o"i^°rt' £"^®
the usual notices,, shall be served on each of the parties as fr it Were 'a
named in the petition as interested in the premises, if they shall "^^^i^^'^o"-
be found within the province, the like number of days before
the sitting of the court. as is reqiiired in declaration suits.
8. If any of the. persons so named as interested are Proceedings
absent from the province, or if there are persons interested parties^aS'ab.
in the premises and who would be bound by the partition *^"*' *"•
whose names are unknown to the petitioner, the court or a
judge thereof shall order notice to be given to the persons
iiiterested who ar6 so absent or unknown, by a publication
of the petition or of the siibstance thereof, with the oi'der
of the court or a judge thereon, in one or more newspapers
to be designated in the order, or by delivering to such
absent party an attested copy of the petition and order, or
in such other manner as such court or judge shall consider
to be most proper and effectual.
9. If any person entitled to notice shall fail to appear,. WEere a party
and if the service of the summons or other notice to him t^'i couS'may
shall appear to the cOurt to have been insufScient, the court "o^foe^"'^'''^'
or a judge may order such further notice as shall be thought
proper.
10. If in any stage of the proceedings it shall appear to. Proeeedinga-
the court that any person interested, whether named in the pS'that a
petition or not, is out of the province, and has not oppor- E'rovTn'S'ha*''
tunity to appear and answer to the suit, it shall be con- not had an op-
tinned from term to term, until sufficient time has been peLi'ng.''° ^^'^
.allowed to enable hini to appear and answer thereto.
11. The court or a judge may assign a guardian for the jsnardians may
., .„ ■ r X • • 1? • • i X J • j.\. Reappointed.
suit for any mfant or insane person who is interested in the
premises, in the same manner as a guardian is admitted for
an infant plaintirf or defendant at common law.
12. Any person interested in the premises of which par- Defendants
tition is prayed for, may appear and answer to the petition, jSSitiy'JT^sepa.
and may plead either separately or jointly with any other piea^'ng?,&c.,
defendants, any matter tending to show that the petitioner ?>»yi'6fla<i as
ought not to have partition as prayed for, either in whole
or in part ; and the replication and further pleadings shall
36
664 PARTITION OP LANDS. [PAET Illi
Chap. 139. be conducted as in other actions until issue is joined, which
shall be tried and determined as in other cases j all such plead-
dings to be filed and served in the same way as the pleadings
in declaration suits, and notices of trial to be given in like
flianner.
Replication 13. If any person who is not named in the petition
righuS appear shall appear and plead as a defendant, the petitioner may
"°Vt'T fsply that such person has no estate or interest in the lands.
described in the petition, and may pray judgment if he shall
be admitted to object to the petition ; and the petitioner
may in the same replication plead over in answer to such
plea any other matter in like manner as he might have done
if he had not disputed the defendant's right to appear.
Proceedings 14. If upou such a replication it shall appear that the
thereon. defendant has no estate or interest in the lands, the matter
of his plea or objection shall be no further inquired of.
Colte of trial, 15. If upoD the trial of any issue of law or of fact it
how regulated. gjj^|j ^ppg^^ i}^g^^ the petitioner is entitled to have partition
as prayed for, he shall recover his costs of such trial agailist
the party who objected thereto, and shall have execution
therefor in the usual form ; but if such issue is found or
decided against him, in whole or in part, the adverse party
shall recover against him the costs of the trial and shall
have execution accordingly, and judgment may notwith-
standing be entered for the petitioner to haVe partition and
to have assigned to him such part of the premises, if any,
as he shall be entitled to.
iprocedingsin 16. If the defendant shall make default. Or if upon such
•JSiefor^partt'' trial it shall appear that the petitioner is entitled to havd
ttion thereon, partition, whether for the share or proportion claimed in his
petition of for a less share, a rule that partition shall be made
shall pass, but the court shall have the same power of setting
aside defaults and of granting new trials as in other cases.
{Commiaeioners 1"?. When such rule shall have passed the court shall ap^
iSffi'^rtiSon point three disinterested persons as commissioners, to make
.under rule. ;partition and to set off to the petitioners the shares belonging
to them, which shall be expressed in the rule in that behalfl
Petitioners 1'8. If there are several petitioners they may have their
^t«^''^^toff'' shares set off together, or the share of each one may be set
jointly or sepa- off in Severalty at their election.
-cTommisaioners, l'^. The Commissioners, before proceeding to the execu*
ihow sworn. tioil of their duties, shall be sworn before any justice, faith-
fully and impartially to perform the same ; a certificate of
which oath shall be made on the warrantby the person who
administered it.
■toSve tS' 20. The commissioners shall give sufiicient notice of
piJfo/^rti- '^^^ timeaBd place appointed for making the partitiott to all
won. persons interested therein, who are known and within the
province, that they may be present if they see fit.
'I'fflionMs shall" ^^' 'I'li®*^^®® commissioners shall meet for the perform-
meet, but the ance of any of iheir duties, but the acts of any two of them
.aotsoftwoto „i,„n u« .,T..i;j
22. When the premises of which jpartition is demanded, Chap. 139.
are such as cannot be divided Without damage to the partition, how
o"wners, or when any specific part of the estate is of greater effected where
value than either party's share, and cannot be divided with- cannot weii be
out damage to the oWnersj the whole estate, or the part "*'''"'*"^'
thereof so incapable of aivision, may be set off to any one
of the parties who will accept it, he paying or securing to
any one or more of the others, such snms of money as the
commissioners shall award, to make th^ partition just and
equal. But the partition in such case shall not be estab-
lished by the court until all the sums so awarded shall be paid
to the parties entitled thereto, or secured to theit satisfaction.
23. In the case mentioned in the preceding section, the samo suhject.
commissioners instead of setting off the premises, or a part
thereof, in the manner therein provided, may astslgn the
exclusive occupancy and etyoyment of the Whole or the
part, as the case may be, to each of tti^ parties alternately,
for certain specified times, in proportion to their respective
interests therein..
24. When the whole or any specific pEir't of the premises Tenant liaWe
is assigned in the manner provided in the preceding section, where^he'haT*
the person entitled for the titee being to the exclusive occu- '"e exoinaiv*
pancy, shall be liable to his co-tenants for any injury to the """"p*^""^'
premises occasioned by his misconduct, in like manner and
to the like extent as a tenant for years under a com-
mon lease without express covenants would be to his
landlord ; and the other tenants in common may have their
femedy therefor against him by action on the case, either
jointly or severally at their election.
25. Whilst any estate is in the exclusive occupancy of Liabilities isr
any co-tenant under such an assignment as before mentioned, ocoupanoy by
he shall be entitled to the same remedy against any person oommon"' '"
who shall trespass upon or otherwise injure the premises
as if he held the same under a lease for the same term for
which they were so assigniSd to' Jiim ; and he and all the
other tenants in common shall also be entitled to recover
against the wrong doer such other and further damages as
they shall have sustained by the same trespass or injury, in
iike manner as if the premises had been leased by them fot'
such term ; and all joint damages recovered by any such
tenants in common, by force of this or the preceding sec-
tion, shall be apportioned and divided among them, accord-
ing to their respective rights, by the court in which the
j'lidgtheht is recovered.
26. The commissioners shall make a return of their pro- comiaisaioners'
ceedings under their hands, together with their warrant, to Sr&r'conEr.
the court, and if their proceedings are confirmed by the ™urt™^^en°
court, judgment shall be thereupon rendered that the par- "o'^f^e'i '« '"?
tition so made be final; and the. return shall then be filed, tereii?" '*^*'
and a certified copy thereof by recorded, in the registry of
deeds in the county where the lands lie.
566
PAETlTrON OF LANDS,
[PAKT III,
Chap. 139.
yReturn may be
/ set aside and
new proceed-
ings nad.
Final judgmeDt
upon wliom
conclusive.
Part owners ab-
sent from the
province, for
whom a share
was left, may
apply within
three years for
a new partition.
' Court may, if
justice requiro-
it, order anew
partition.
Commissioners
duty on such
new partition.
Improyements
to DO consider-
ed in new par-
tition, and pro-
eoediings in
sucJi case.
Persons not
parties to the
partition claim-
ing to hold the
premises' in se-
veralty, not
bound by the
judgment, but
may take pro-
ceedings as in
oUier cases.
27. The court for any sufficient reason shewn may set
aside the return and commit the case anew to the same or
to other commissioners to be appointed, whereupon the
same proceedings shall be had as above directed.
28. The final judgment confirming and establishing the
partition shall be conclusive as to all rights, both of pro-
perty and possession, of all parties and privies to the judg-
ment, including all persons who might by law have appeared
and answered to the petition, except as is hereafter provided.
29. If any perstin who was a part owner with the peti-
tioners, and for whom a share is left upon the partition,
should be out of the province when the summons or notice
to him is served, and should not return in time to appear
and answer to the suit, he may, at any time within three
years after the final judgment, apply to the court for a new
partition of the premises.
30. If upon such an application, and after hearing of all
parties interested therein, it shall appear to the court that
the share left for the applicant was less than he was entitled-
to, or that the part left for him was not at the time of the
partition equal in value to his share of the premises, the
court may order a new partition thereof, which shall be
made in the manner before provided.
31. In such new partition the commissioners shall not
be required to make a new division of the whole premises,
but they may take from any one share or shares and add to
any other or others so much as shall in their judgment be
necessary to make the partition just and equal, estimating
the whole as in the state in which it was when first divided ;
or if an equal partition of the lands cannot be made with-
out inconvenience to the owners, the commissioners niay
award money to be paid by one party to another as before
provided, to equalize the shares.
32. If after the first partition, any improvement shall
have been made on any part of the premises which, by the
new partition, shall be taken from the share of the party
who made the improvemeints, he shall be entitled to com-
pensation therefor, to be estimated and awarded by the
commissioners, and to be paid by the party to whom such
part of the premises shall be assigned on the new partition ;
and the court may order execution therefor in the usual
form. .
33. If any person who has not appeared and answered
to the petition for partition, shall claim to hold in severalty
the premises therein mentioned, or any part thereof, he shall
not be concluded by the judgment for partition, but may
bring his action for the land claimed by him against any or
all of the petitioners or defendants, or of the persons hold-
ing under them as the case may require, within the same
time in which he might have brought it if no such judgment
for partition had been rendered.
"TITLE XSXVII.] PAETITIO^r OF LAITOS. 567
34. When any person who has not appeared and answer- Chap. 139.
ed to the petition shall claim the share that was assigned to, a person not
or left for any of the supposed part owners in the iudgment aTOsarmg, but
for partition, he shall be concluded by the judgment so far share assigned
as it respects the partition and the assignment of the shares, ^aiF be' bound.'
in like manner as if he had been a party to that suit ; but he ?/ "\f ?*''''■
ici-'i- • f» tion, but may
shall not be prevented thereby from brmgmg his action tor have an action
the share claimed by him against the person to whom it ""^
was assigned, or for whom it was left.
35. The action in such case shall be brought against the Action in such
tenant in possession, in like manner as if the plaintiff had a|ll'nstwiiom
originally claimed the specific piece of land demanded, brought. •
instead of an undivided part of the whole land; aiid it may
be brought within the same time in which it might have
been brought if no such judgment for partition had been
rendered.
36. If two or more persons appear as defendants claim- Proceedings
ing the same share of the premises to be divided, it shall ^nToiLTm^he
not be necessary to decide upon their respective claims, ex- fo^^^ivf/ioa^"
cept only for the purpose of determining which of them
shall be admitted to appear and plead in the suit ; and if
partition is made, the share so claimed shall be left for
whichever of the parties shall prove to be entitled to it,
in a suit to be thereafter brought between themselves.
\ 37. If in such a case it fshall be decided in the original The defendant
sHiit for partition, upon the replication of the petitioners or jmigmonToiT
otherwise, that either of the defendants is not entitled to i'ti^.^^^^^^ltuJl
share that he claims, he shall be concluded by the judgment |^^P^f '^^<Jf^
so far as it respects the partition and the assignment of the subsequently
sliares; but he shall not be prevented thereby from bring- rivhf^l?£the
ing his action for the share claimed by him against the other o'lier.
claimant thereof, in the manner provided in the three pre-
ceding sections.
38. If any person who has not appeared and answered Rightsofa par-
as above, shall claim any part of the premises mentioned in ing°wherethr'
the, petition, as a part owner with those who were parties 'j^''^^^''^ " „ ai-'
to that suit, or any of them, and if the part or share so iowM,^howfar
claimed was not known o^r not allowed and left for him in partition judg-
the process for partition, 'he shall be concluded by the '"<=°'-
judgment so far as it respects the partition; but he shall not
be prevented thereby from bringing an action for'the share
or proportion claimed by him, against each of the persons
who shall hold any part of the premises under the judgment
for partition.
39. If the plaintiff shall prevail in the case last men- Redress in suoii
tioned he shall not be entitled to demand a new partition of against whom
the whole premises, but he shall recover against each of the obtained.
persons holding under the judgment for partition, the same
proportion or share of the part held by him that the plain-
tiff was entitled to out of the whole premises before the
partition thereof-
568
PARTnrON OF ZASm-
[part hj.
Chap. 139.
Rights of heir
or devisee
where, after
partition, it '
shall appear
' that tlie ances-
tor or testator
died before par-
tition, bow af-
fected.
Remedy where
a party is evict-
ed b^ a person
having a para-
mount title.
lien by mort-
gage or attach-
ment, how af-
fected by the
judgment.
Suit not to
abate for the
^oath of a party
named on a
partition.
Expenses of
commissioners
to be allowed,
and costs to be
taxed, as in
other cases.
Titles under a
jud^ent of
partition, how
oonsidered.
Orders of a sin-
gle judge liable
io be rescinded
or alter-ed.
40. If after making of partition it shall appear that any
person for whom a share was left or to whom a share was;
assigned, had died before such partition was made, the heir
or devisee of such deceased persoa shall not by reason of
such heir or devisee having been a party to the smit, either
as a petitioner or as a defendant, be barred from claiming
the share that belonged to the deceased person ; but th&
heir or devisee in such case shall have the same rights
and the same remedies in all respects as if sHch heir or de-
visee had not been a party to the srait, and had not notice of
the pendency thereof.
41. If any person to, or for whom any share shall have
been assigned or left npon any judgment for partition, shall
be evicted thereof, by any person, who at the time of the
partition, had a title thereto paramount to the title of those
who were parties to the suit for partition, the person so
evicted shall be entitled to "a new partition of the residue,
in like manner as if the former partition had not been
made.
42. Any person having a mortgage, attachment, or other
Hen upon the share of any part owner, shall be concluded
by the judgment, so far as it respects the partition and the
assignment of the shares ; but his lien shall remain in full
force upon the part that shall be assigned or left for such
part owner.
43. In the case of the death of any party in a petition
for partition, the suit need not abate, b^it may be conducted
and prosecuted to final indgment,under such rules and orders
for bringing in the heirs or representatives of the deceased
party, as the court or judge may think proper, for making
them parties to the suit and regulating the proceedings
accordingly.
44. The expenses and charge of the commissioners shall
be ascertained and allowed by the court, and all the other
costs of the proceedings shall be taxed in the' usual manner,
and the whole shall be paid by the parties in proportion to
their respective shares or interests in the premises, except
only the cost of a trial of any issue joined in the case, as to
which a different provision is before made.
45. Every person holding any lands under a partition
made by virtue of this chapter shall be considered as hold-
ing them under an apparently good title, so that in case of
eviction he shall be entitled to compensation for any im-
provements made thereon.
46. Every order made in pursuance of this chapter by
a single judge, not sitting in open court, shall be liable to
be rescinded or altered by the court in like manner as othey
orders, ,
TITLE XXXVni.] FOECIBLE ENTRY AND DETAINER. 569
Chap. 14Q
CHAPTER 140.
OP FORCIBLE ENTRY AND DETAINER.
1. In cases of wrongful and forcible entry into lands, Warrants may
and in cases of wrongful detainer, or withholding with force forcfbie e*?/
after possession demanded, and also when the lessee or sub- *S^ pany°to'be
lessee shall illegally hold possession after the determination held to bail, &o.
of the lease and demand of possession, any two justices
residing in the town or place wherein the lands lie, on com-
plaint on oath being made, may by warrant cause the per-
son so in possession to be arrested, and detained in custody
until he find security for his appearance to answer such
complaint, at the next term of the supreme court in the
county, and to pay the costs of the proceedings if adjudged
against him.
2. No such warrant shall issue where the party com- in what eases a
plained of or the person under whom he claims has been ™™n'™»yi«
in quiet possession for three years next before the filing of
the complaint, unless in cases of tenancy where the same
has terminated.
3. Such complaint shall be tried in a summary way, and complaint to be
if proved to the satisfaction of the court, a writ of posses- tr^™°'" ^
sion -shall issue, and the party complaining be put in posses- possession,
sion of the land and premises within ten days thereafter, "hen to be
The court shall have power, at the same time, to award
damages for such forcible entry, and, in case of a tenant
overholding, treble rent, at the rate previohsly paid ; but iJamages.
the court may, if they think fit, order that the cause may
be tried, or the rent or damages assessed by a jury.
% 4. When any house or tenement is let by the year, three Notice to quit,
months notice to quit, and when by the month one month's JieSt. ° * ^"^"
notice, and when by the week one week's notice, shall be
given to the tenant in possession.
TITLE XXXVlll.
OF PROCEEDINGS IX SPECIAL CASE5.
CHAPTER 141.
OP SUITS AGAINST ABSENT OR ABSCONDING DEBTORS.
> 1. Writs of summons and attachment for the sum of five H^fi*' "L^"?
' , muua oiiiu at-
pounds and upwards may be sued out against any debtor taohment may
absconding or absent out of the province. , upwa^s.
570
ABSENT OB ABSCONDING DEBTORS. [PAET m.
Chap. 141.
Affldarit, its
contents, how
swprn ; declara-
tion, when to be
filed j how ser-
ved.
T?rit, how en
dorsed.
Levy, for what
amount, to in-
clude costs.
Goods in agent's
hands bound by
service of pro-
Goods exhibit-
ed to be apprai-
sed before levy
Perishable '
goods may be
sold by order of
a judge, &c., un-
less security for
their value be
given.
A person inter-
ested as subse-
quent attacher
or otlierwise,
'^mayeontedt the
attachment.
Such attach-
ment may be
attacked upon
.affidavit motion
and rule.
2. The party applj'ing for such writ, or his agent, shall
make afSdavit in the usual form for holding a party to bail,
which shall also state that the ■ defendant is an absent or
absconding debtor, and that the deponent verily believes
that the person, if any, about to be summoned, is the ageiit
or trustee of the defendant, or that he hath goods or credits
of such defendant in his possession or under his control ;
which affidavit shall be made before a judge or commis-
sioner, or in their absence before a justice -of the peace, and
in declaration cases the declaration shall be filed on or
before the first day of the tenn, and copies of the writ and
declaration shall be left at the last place of abode of the
defendant, where he has been a resident in the province,
and no rule to plead or notice of trial shall be necessary in
such cases.
3. The sum set out in the affidavit shall be endorsed on
the writ in words at length ; and shall be signed by the per-
son before whom the affidavit is made.
4. The sheriff to whom a writ of attachment is directed,
shall levy for the amount endorsed on the writ, with thirty
pounds for probable costs in declaration causes, and seven
pounds in summary stiits.
5. The service of process on the agent shall bind all the
goods and credits of the absent or absconding person then
in his possession or under his control, to the amount endor-
sed on the writ, with thirty pounds for probable costs in
declaration causes, and seven pounds in summary suits.
6. Where goods are exhibited to the sheriff as the pro-
perty of the absent or absconding debtor, they shall be
valued by two sWorn appraisers, and upon an appraisement
being made under their hands, the sheriff shall levy upon
such part of the goods as shall be sufficient to respond the
sum sworn to, and probable costs as above.
7. Where the goods consist of stock, or are shewn upon
affidavit to be of a perishable nature, and the agent shall
not within three days after notice of the appraisement,
give security for the value, a judge, or the prothonotary of
the county in his absence, ma}' at his discretion cause the '
same to be sold at public auction, and the proceeds thereof
shall be retained by the sheriff, or paid into court to res-
pond the judgment.
8. When any person shall have any title or interest in
any real estate, goods or credits attached, as a subsequent
attacher or otherwise, he may be allowed to dispute the
validity and effect of the attachment, on the ground that
the sum demanded was not justly due, or that it was not
payable when the action commenced.
9. The party objecting to the attachment may apply to
the court to set aside, which application shall be grounded'
on an affidavit, setting out the facts and circumstances on
which the motion is made, and also shewing that his claim
TITLE XSXVIII.] ABSENT OE ABSCONDING DEBTORS. 571
10. Upon hearing the motion the court may direct a trial Chap. 141.
by jury of any question of fact arising on the inquiry, and court may or-
if it shall appear that the sum demanded in the prior suit or tj'^'^n'^'di*" -
any part of it is not justly due or was not payable when ted faots, and
the action was commenced, the court shall order the attach- dlr^* may"'
ment therein made to be set aside in whole . or in part, as *®™ J"^'-
justice shall require, but the order s,hall have no other effect
in the prior suit.
11. The proceedings between the two adverse claimants Proceedings not
shall not be affected by any plea or other act of the defend- by'^act'o'f dl'l
ant in the prior suit, nor by any judgment that shall be s™t,'or'juci^'°'
rendered therein. mentthereon.
12. The court may, upon every such inquiry, direct Court mayor-
such security to be given for costs, and, upon any decision oostsrand'^ ^°^
thereon, may award costs to either party as they shall think ™ii'be''ji8t'"
just and reasonable, and execution in the common form may and grant exe-
be issued therefor.
13. In actions against absent or absconding debtors, the Defendant may
defendant may appear at any time during the first term and oourw'^at the
give notice to the plaintiff, but shall not be at liberty to a[teVwMd8''on'iy
appear thereafter, without leave of the court or a judge. i»y leave.
14. In suits against absent or absconding debtors, in Assessment of
case there shall be no ■ appearance, the damages may be '"""•ses.
assessed before a judge at chambers, or the court at the
second term, or in Halifax at the sittings after the second
term from the commencement of the suit, or at any time
thereafter, unless special matter in bar, abatement, Or fur-
ther continuance, be allowed.
15.. When the damages claimed do not exceed twenty Damages under
pounds, or when a cause is undefended, although the dam- £«». i"-" assess-
ages claimed be over twenty pounds, it may be tried and .
damages assessed in the same manner as in summary suits,
unless a judge or the court shall otherwise order.
16. Where a person summoned as agent or trustee shall ^l/i^Ja't'-o^nl
file a declaraton under his hand, that he had not, at the time and submit to
- , , . 1 J -J. J? examinations;
the summons was served upon mm, any goods or credits or where he has
the absent or absconding debtor in his possession or, under "haulfave his
his control, and shall, if required, submit to an examination «»|5^^^B«X^
upon oath satisfactory to the court, such agent or trustee mary oases, and
shall be discharged and be entitled to his reasonable costs, °^ " ^^ •
to be taxed and allowed ; but in suqimary cases an agent
shall not be allowed more than one pound three shillings
and four pence for his costs, besides his travelling fees and
attendance as in the case of a witness.
17. When an agent or trustee is summoned, he shall AppearaneeoJ
appear and file his declaration with the prothonotary of the tee, when,
county where he resides, within four days after the time
specified for his appearancO in the writ; but such agent
shall not be required to appear personally to be examined
under oath until the first day of the sittings of the supreme
court of the county, where he resides ; and if the process be
572 ABSENT OB APSCONDING DEBTOBS. [PABT HI.
Chap. 141. not returnable before the first day of term, or in Halifax
before the first day of the sittings after term, he shall not
be obliged to appear till the next term, and he shall in no
case be required to appear for personal examination, unless
he shall have received notice thereof, either at the time of
the service of the writ or after the filing of his declaration,
Proceedings 18. If any person summoned as an agent or trustee
&ii"to'^appear, shall fail to appear and disclose upon oath, if required, the
amount of the goods or credits of the principal in his pos-
session, or under his control, at the service of process, or
acknowledge that he hath sufficient in his hands to rfespond
the judgment, the court may proceed against him as for a
contempt; and he shall also be liable to pay the plaintifi"his
costs if the court shall so order.
Special bail 19. When the absent or absconding debtor, his agent or
ai?/the proper- trustee, shall dcsire to relieve the property from the attach-
*afcuehiuent meut, he shall put in and perfect special bail to respond the
judgment, and submit to such terms as the court or a
judge shall deem right for the attainment of substantial
justice.
No trial to be 20. The plaintiff shall not proceed in the trial of his
pCTty"sha?f''' cause against any absent or absconding debtor, unless his
too™ed''OTthe ^®^^ estate or goods shall have been attache^, or until the
agent shau agent or trustee shall have admitted that he had goods or
goods^'in'his'' Credits of such absent or absconding debtor in his posses^
possession. gj^^ orjmder his control.
Defendant enti- ,'"21. Where judgment has been obtained against an absent
hearing within or absconding debtor, the defendant shall be entitled to a
three years. rc^hearing at any time within three years.
Execution may 22. After judgment obtained g,gainst an absent or
thfe'Lofttfyor- absconding debtor, the court or a judge shall grant execu?
''" °"''® "'""'• tion against any agent or trustee who has appeared and
acknowledged goods or credits in his hands, for such amount
and on such terms as the court or a judge shall think fit,
allowing the agent his reasonable costs and commission ;
such agent or trustee having had notice of the application,
Security to be 23, No execution shall issue agaipst an absent or abr
lJtttion°3hau'^ sconding debtor until the plaintiff shall give security, to the
issue. satisfaction of the court or a judge, for the re-payment of
all monies levied thereunder, in case the judgment should
be reversed,
Agent not lia- 24. The agent of Such absent or absconding debtor
fo7tho''v'a'iu6 of shall not be held liable for any goods or credits jbd taken
goods so taken, q^^ of his hands by process and judgment of law.
Application of 25. Sections fourteen, fifteen, and seventeen shall not
tfons.'° ^^''' apply to causes pending and undetermined on the iSth
day of April, 1856.
Companies 26. Companies or bodies corporate associated or incor-
by ftfentrhow porated out of Nova Scotia, doing business by an agent
to be Bued. within this province, may be sued for any cause of action
arising in whole or in part therein, by the name whereby
TITLE XXXVm.] ABSENT OB ABSCONDING DEBTORS. 573
they are associated or incorporated, or by the name whereby Chap. 141.
they may be designated by the agent ; and service on the
agent of process to appear, shall give the court jurisdiction
over the case ; and proceedings shall be had as when pro-
cess to appear has been served on 9, defendant personally ;
and any. person so served, may during the first term appear
and shew that he is not an agent, and upon proof thereof,
he shall have judgment against the plaintiff with costs of
suit.
27. The court may on sufficient cause shewn, allow time Time for com.
for the agent to communicate with his constituent. with princfpai.
28. If judgment shall pass for the plaintiff, the agent, Judgment
whether the same ageijt who was served with process or Sri'uaMH™/ of
any other, shall be bound to respond the same out of the *^'*''*'
assets of the company, or body corporate, which then are,
or at any time afterwards may come into his hands, or under
his control, deducting his costs, and fair and legal commisr
sion thereon, to be disclosed by the agent on oath, if there-
to required.
29. After judgment, the agent may be examined on oath Agent may be
before the court or a judge at chambers, concerning the jifl^ent. """'^
assets of the company, or corporate body, in his hands or
under his control at the time of judgipent, or at any time
afterwards; and the plaintiff and his proof may be heard in
explanation or contradiction; and such order shall be therein
made as to justice may appertain, which shall be enforced
against the agent personally,
30. If the plaintiff shall desire security previous to Plaintiff may
judgment, he may at the commencement of the suit, or taehmontf *'
during its progress, make oath to the cause of action, and
proceed by attachment against the estate and effects of the
company, or corporate body, and by summons to disclose,
against the agents and debtors of the company, or corpo-
rate body, or by either process, and by one or in separate
and several writs ; and the estate and effects attached, and
also the credits and effects in tbe hands or under the con-
trol of the agents or debtors at the time of service, or at
any time afterwards, shall be available to respond the judg-
ment to the amount of the sum sworn to and costs, as in
cases under the sections relating to absent or absconding
debtors ; but the plaintiff may nevertheless proceed against
the agent after judgment, as before directed,
31. Nothing in the last five sections contained, shall other remedies
prevent the judgment from binding the property of thetwsaor^ '
company, or body corporate, or from being levied and
enforced by execution or otherwise, in such m^^nner as may
be conformable to law in other cases,
574
Chap. 142.
JOINT DEB TOES.
[part m.
CHAPTER 142.
OP suits against joint debtors.
One of several
dolfendanis,
joint debtors,
may be arrest-
ed.
One or more of
Euoh defendants
served may be
proceeded
against if the
otlicrs are ab-
sent..
Court may
grant a conti-
nuance in such
case upon cause
fihewn.
An absent joint
debtor may ap
ply to defend at
any time before
final judgment.
Plaintiff shall
file his doolara-
tiona^ainst tlie
defendant ser-
ved, and enter
suggestions as
to the others.
Plea of abate-
ment to bo dis-
allowed unless
under special
circumstances
duly verified.
Replications of
baultruptcy or
insolvency to
pleas in abater
juent.
Plaintiff may
have a scire
facias against a
•oint debtor re-
1. , Where there are several defendants, and it is not
intended that all of them shall be arrested, the plaintiff or
his attorney may direct the sheriff to arrest one or more
only of the defendants and serve a copy of the capias on
the others, and such service shall be of the same force and
effect as the service of a virrit of summons.
,2. Where any action founded on contract is brought
against several defendants, and the writ has been duly served
on one or more of them, but no legal service can be made
ou the others by reason of their absence from the province,
the action may nevertheless be prosecuted agai,nst thos.e
who have been served. • '
3. If such joint debtor shall make application to the
court on affidavit, stating that it is necessary for him to
receive instruction respecting' such suit from his absent
partner or joint debtor, and that he cannot sa/ely proceed
to trial of the cause without communicatioh with him, and
that he is not seeking for delay only — the court may, if it
shall think fit, grant a reasonable imparlance.
4. If any such joint debtor, not having been served with
process, shall come into the province previously to the final
determination of the suit, and shall apply to the court to be
admitted to defend, the court shall admit him accordingly,
and shall cause such amendment to be made in the proceed-
ings as may be required to m^ke the same consistent and
regular.
5. When some only of the defendants have been served
with process, the plaintiff may file his declaration against
such as have been so served, suggesting therein the names
of those defendants who were absent out of the province
when the writ was issued, and who, on that account, could
not be served with process.
6. No plea in abatement for the non-joinder of a person
as a co-defendant shall be allowed, unless it shall be stated
in the plea that he was at the commencement of the suit
resident within the jurisdiction of the court, and unless his
place of residence shall be stated with convenient certainty
in an affidavit verifying the plea.
7. To any plea in abatement of thenon-joinder of another
person, the plaintiff may reply that such person has been
discharged by bankruptcy and certificate, or as an insolvent
debtor.
8. If a joint debtor absent at the commencement of the
suit shall come into the province after final judgment, and
before the plaintiff shall have received full satisfaction
TITLE XXZTIII.] E5ECUT0ES, ADMINISTKATOES, TRUSTEES. 575
thereof, the plaintiff may sue out a wrife . of scire facias Chap, 143,
against hiin,_ requiring him to shew cause why execution turning atter"
should not issue against him to satisfy what may remain ™j,' "o™™™-
due on such judgment ; and the defendant may plead either
in bar to the original suit or in answer to the scire
facias.
9, The plaintiff after judgment recovered may take out bnwK^t pro-
execution thereon, and cause the same to be extended on maTb?iT^ed°
the joint or- separate property, or on the persons of all
the joint debtors; but such execution shall not be extended
on the separate property or on the person of any joint
debtor not brought into court as a party to the suit.
CHAPTER 143.
OP SUITS AGAINST EXECUTORS, ADMINISTRATORS, AND TRUSTEES,
1. Actions of trespass, or trespass on the case, may be S'exirators,
maintained by executors or administrators for any injury to *".■! "■*? bring'
the real estate of the deceased committed within six months ries to roai es-'
preyious to his decease, for which the deceased might have ^^^^o^*^™"-
maintained such action ; provided the action be brought
within one year after his death,
2. Actions of trespass, or trespass on the case, may be Within what
maintained against the executors or administrators of a time actions of
deceased person, for any injury done by him in his lifetime maybeiironght
to the real or personal property of another, so as such tfr's','&o.,^tori5i
injury shall have been committed within six months before ^(feMase™^ ^^
his dpath, and so as siich action snail be brought within six
months after his executors or administrators shall have
undertaken the administration of his estate.
3. An action of debt on simple contract may be main- Actions of aett
..n, 1 .,'• J. T ■ ■ may be main-
tained at common law against any executor or adminis- tained against
trator. eiecutors, &o.
4. Every legatee may recover the amount and value of Legacies, &o.,
, . -I . - "^ *^. y TO 1 may be reco-
his legacy, annuity or bequest, at common law, • from the yered by action
.administrator with the will annexed, or executor, either by '^^ "o™"""" "■^•
action for money had and received or otherwise.
5. Any executor being a residuary legatee may main- Residuary lega-
. . ■'. , V A T° ^ 1-1 tees may sue
tain an action at common law for money had and received their co-execu-
or otherwise, against the co-executor, and may in like *°'^"
manner sue for and recover his rateable part thereof, and
any other residuary legatee shall have the like remedy
against an executor.
6. When two or more persons are named executors in a Sng^to aot"^d
will and any of them shall neglect or refuse to act, and pro- J°?'''^"p™;
bate shall be granted to the other or others of them, it b»en granted,
D76
ESECUT0B9) ADMINISTSaItORS, TRUSTEES. [PART ill.
I any
Ac.
ExecutorB, £o.,
authorized to
make invest*
nients in pro-
vincial deben^
turesi
-Proceedings on
resignation of
trustees, &o*
Lhap. 143> gjjail not be necessary to name the executoi* who has so
need not be nn,- refused or liesrlected, in any action or suit relating: to the
medinany,uU ^g^^^g_ B > J
7. Executors, administrators, and trustees, unless where
otherwise directed by the will or other instrument creating
the trust, are hereby authorized to invest money and funds
in their hands, or under their control, in the provincial
savings' bank, or in the provincial debentures; and the pro-
duction of sudh provincial debentures, or other evidences
of money so invested and deposited, shall be held equiva-
lent to the production of the amoUnt of money actually paid
by such executor, administrator, or trustee.
8. Upon the petition of any trustee appointed by deed,
or of any executor appointed a trustee by any last will,
asking his discharge from the trust or executorship, a judge
of the supreme court may direct such preliminary enquiry,
and with such notices to parties interested as he shall think
fit, as to the terms upon which the resignation of such
trustee or executor should be accepted ; and the stipreme
court may thereafter pass such order for the discharge of
such trustee or executor, as a due regard to his wishes and
interest, and to the rights and interest of the person inter*
ested in the execution of the trust^may require.
9. A petition may be presented, in like manner, by any
person interested in the execution of a trust, asking for the
removal of the trustee or executor, and a like enquiry
may be thereupon had, and such order passed by the
supreme court as a due regard to the rights and interests
of the trustee or executor, and of the parties interested
in the execution of the trust may require.
10. The supreme court shall have full power to appoint
a new trustee in place of a trustee or executor so discharged
or removed, or of any trustee removed from the jurisdiction
of the court, or in case of the death, unfitness or incapacity,
of a trustee, and upon such terms as to security for thedue
execution of the trust as shall be deemed necessary ; and
when, in consequence of such resignation or removal, there
shall be no acting trustee, the court, in its discretion, may
appoint new trustees, or cause the trust to be executed by
one of its oflScers under its direction.
11. The court may direct the costs of any proceedings
under the three last sections to be taxed and paid out of the
trust funds, or otherwise, as they shall think proper.
Ile«o*al ttf
krusteeS) &c.
Appoiutmeat of
new trustees.
Costs hovr paid,
TITLE XXXVin.] 8UMMAKY SUITS. 577
Chap. 144.
CHAPTER 144.
OF SUMMARY SUITS.
1. No action for the recovery of any debt shall be com- fom'meno'ed'i
menced in the supreme court unless the amount thereof supreme court
shall exceed five pounds. exoeldsSs""*
2. All actions for the recovery of debts, not exceeding Debtsunder£2o
twenty pounds, shall be brought iil a summary manner, and in a'summlrj
the presiding judge may determine the same, or order a trial may'wder "
by jury. *""! ^y j»""y-
3. It shall not be necessary to file common or special Nobaiineedbo
, ., . ., •' ^ filed in a aum»
bail m any summary suit. mary suit.
4. No declaration or plea shall be necessary, nor any Declarations
costs therefor allowed, in any action for the recovery of a ces^aryTno"""
debt not exceeding twenty pounds. lowed'thwefOT.
5. In summary suits the bail to the sheriff shall con- Bail to the she-
tinue liable to the same extent as if they were special bail, al^epeotai bail.*
Etnd shall be at liberty to render the defendant without put-
ting in special bail.
6. In appeal causes the appellant shall cause his app.eal ^^i^f 'a"**^?
to be entered on the docket of summary causes, and in case causes, or judg.
he shall neglect to enter the same, the original judgment ^mM^'for th*
shall be aflSrmed, at the instance of the opposite party, with <>pp»8'*o P'^'^y-
costs.
7. In all causes brought up by appeal and contested, ^^^e tiled*"'''*
the court shall try the same aneW. o^^^^-
8. In summary and appeal causes the application for a An application
jury must be by alEdavit to the court, and it shall be discre- be to the court
tionary with the court to grant the same. "'''"' affidarit.
9. In appeal causes where the original judgment is appfS^^how'""
affirmed, the final judgment shall include the debt and costs given. '
below, with the further costs; and execution shall issUe for
such debt and costs, or for costs only, as the case may
require. Where the original judgment is reversed after the
same has been enforced, the final judgment shall include
the amount levied under the original judgment, together
with the costs of the reversal.
10. In appeal cases the respondent may take out execu- ?su°"againT''
tion against the apellant, or have recourse to the appeal ^e^appeiiant,
bond. bond be put in
11. In future the summary causes, in all the counties g^'^^^^j.^ ^^^^^
except Halifax, shall be brought to trial and heard on the sea to be tried
first day of the term, and the jury causes taken Up immedi- te'rin?ox(!^pt°ia
ately after the disposal of such summary causes. Halifax.
12. The list of summary causes for trial at Halifax shall ^^^^^J^'J™'
be hereafter given in to the prothonotary on tlie preceding given prothono.
Thursday of each sittings, and the causes shall be set down when''to bV*^'
and tried on the following Tuesday, being the first day of ^"^^•
such sittings.
578
DISTRESS FOE KENT.
[PART III,
Chap. 145. i^ In all continued summary and appeal causes a notice
Notice of trial of trial shall be given as in declaration cases.
to be given in ^
continued
cauaes.
CHAPTER 145.
OP DISTRESS FOR RENT AND REMEDY.
Goods distrain-
ed to. be apprai-
sed and sold
witliin five days
after notice, if
not replevied
Goods to I e
sold, and alter
rent paid, sur-
plus, if any, to
remain for own-
er's use.
Grain in the
straw, hay in a
barn, &c., how
distrainea.
Komedy in case
ofpound breach
and rescue of
goods distrain-
ed.
Renifedy in case
of a distress for
rent where none
ia in arrear.
Goods not lia-
ble to be remo-
ved under exe
1. Where any goods are distrained for rent reserved and
due upon any lease or contract, and the tenant or owner of
the goods shall not within five days next after the distress
taken, and notice thereof with the cause of taking served
upon him, or left at the most conspicuous place on the pre-
mises charged with such rent, replevy the same with security
to he given to the sheriff, the landlord, with the sheriff or
his deputy or a constable, who are required to aid therein,
may cause the goods so distrained to be appraised by two
sworn appraisers,
2. After the appraisement the landlord shall sell the
goods distrained for the best price to be gotten therefor,
towards payment of the rent due and expenses incurred,
leaving the overplus, if any, in the hands of the officer for
the owner's use.
3. Sheaves or cocks of grain, grain loose or in the straw,
hay in a barn or upon a hovel stack or rick,, or upon the
land charged with such rent, may be locked up or detained
upon the premises by a landlord having rent in arrear, for
or in nature of a distress, until the same shall be replevied
upon security to be given as above; and in default of being
replevied within the time above in that behalf specified,
after appraisement made in like manner, be sold ; but the
same shall not be removed out of the place where found
and seized by the distrainer, to the damage of the owner,
before such sale.
4. Upon any poundrbreach atid rescue of goods dis-
trained for rent the person aggrieved thereby may recover
his damages against the offender, or against the owner of
the goods distrained if the same be afterwards found to
have come to his use or possession.
5. In case any distress and sale be made by any person
for rent, where none is in arrear, the owner of the goods
distrained, his executors or administrators, by action of tres-
pass, or trespass oh the case, may recover against the per-
sons distraining or either of them, his or their executors or
administrators, the value of the goods distrained, and such
further damages as the jury may award.
6. No goods being upon any messuage or tenement
leased shall be liable to be taken by virtue of any execu-
TITLE XXXVIII.] DISTRESS FOR RENT. 579
tion, unless the party at whose suit the e:secution is sued Ciop. 145.
out shall before removal oi'sucb goods from off the premises cution tui rent
pay tlie landlord or his bailiff at least one year's rent Plj"*'^"*'""'*"
thereof, if so much is in arrear and due ; and if the rent be yea^ amount,
not actually due then a rateable part thereof up to the levy *"'
of the execution. If the airears exceed one year's rent of
the premises, then ^upon payment to the landlord or his
bailiff of one year's rent, the execution creditor may pro-
ceed to execute his judgment as in other cases; and the
^sheriff, his deputy or other officer is required to levy and
pay to the execution creditor, as well the money so paid
for rent as the execution monej'.
7., Incase any lessee of any messuage, lands or tene-'^oo'isfrandu-
ments, upon the demise whereof any rents ' are reserved, toa"oi"SlM
shallfraudulehtly or clandestinely convey from such demised prePio«8i7soid
premises his goods, with intent to prevent the landlord dis- b^f^jed^'ifc-
training the same, such landlord, by himself or his servants, twenty-one
may within twenty-one days then, next ensuing such con- '^*^''
veying away, seize such goods wherever found as a distress
for such arrears of rent, and dispose of the same as if they
had been distrained upon the premises, unless such goods
shall have been sold in good faith and for a valuable con-
sideration before such seizure, in which case they shall not
be liable to a distress.
8. Kent in arrear and due upon a lease for life or lives „p°^ ueaJ *for
may be recovered by action in the same way as if reserved i™ ™»>' ^e re-
1 p •' served as in
upon a J ease lor years. other oases.
9. Rent in arrear and due upon a lease for life or lives, ^®°' mayie
or for years or at will, ended or determined, may be dis- within°ir '"^'
trained for after such determination, in the same way as if d'e'teminSn
such leases were not determined, if such distress be made tftooases" °"^
within six months after such determination, during the con-
tinuance of the landlord's title or interest and during the
possession of the tenant from whom such arrears are due.
10. Executors or admiuistratqrs of a landlord may dis- Executors,, &c.,
train upon lands demised for a term or at will, for rent due ™rent d™e de-
in his lifetime, and such rent may be distrained for after the what easiest "^
determination of such term or lease at will, in the same
manner as if such term or lease had not been ended or
determined ; but the distress in such case must be made
within six months next after the determination of such
term or lease and during the continuance of the possession
of the tenant from whom such rent is due.
11. A landlord or his bailiff may seize as a distress for Cattie, oom,
arrears of rent any cattle or stock of his tenant feeding which' may he
upon any common belonging to any part of the premises tr^aa^oT rentT
demised, and may also seize all sorts of corn, grain, grass,
hops, roots, fruits, pulse or other product growing on any
part of the premises deniised as a distress for arrears of
rent, and may cut, gather, cure, carry and lay them up when
ripe iu barns or other places on the premises so demised.
37
580 ARBITRATIOlft [PAET III.
Chap. 146. 12. In case there is no barn or proper place on the pre-
Distressinsuch Kiises for receiving the same, then he may cause the same
^l^ereno fe' ^'^ ^® placed in any barn or proper place to be procured as
&«., upon the ' near as maybe to the premises, and in convenient time shall
premises. appraise and dispose of the same towards satisfaction of
, the rents and the charges of such distress as in other cases.
The appraisement to be made after the crop is cut, cured,
and gathered, and not before.
Notice of the 13. Notice of the place where the goods so distrained
Sep'Sitfwhen ^^^^^ ^® deposited, shall within one week after their being
aud to Vhom to so deposited, be gdven to the tenant or left at his last place
be given. pit
01 abode.
CHAPTER 146.
OF AEBITEATION.
Power of arbi- 1. The power of arbitrators appointed under a rule or
im'vooaMe^" submission, containing an agreement that it should be made
judge may en- a rulo of the Supreme court shall be irrevocable unless the
sward. ™ court Or a judge shall otherwise order, and the court or a
judge may enlarge the time for making an award hereunder.
Attendance of 2. Where any rule or submission shall have been made,
rnforeed!' ''"'^ the court or a judge may by rule or order command the
attendance of any witnesses, and the production of any docu-
ments that may be required on the investigation thereof ;
and if after the rule or order and a notice containing the
time and place where the attendance of the witness is
required, signed by one at least of the arbitrators, shall
have been served on him, and he shall have been tendered
his reasonable fees, he shall neglect to attend, he shall be,
deemed guilty of a contempt of court.
Production of ^ 3, No person shall be compelled to produce, under any
nesa not eom- rule or Order, any writing or document that he would not
Smre'^tha'n*two be compelled to produce at a trial, nor to attend on more
tur^iy""^^""' ^^^^ two consecutive days.
Arbitrators' 4. Arbitrators so appointed may administer oaths to the
may administer Yiri'tripnapi
oaths to wit- wiinesses.
nesses. ^ 5. When arbitrators are appointed under a submission
peaolmay adf not Containing any agreement that it shall be made a rule of '
when'amtra-^ court, any justice of the peace may administer oaths to the
tors not ap- witnesses in the presence of one or more of the arbitrators.
?uioo°fcourr 6. Where a submission has been made a rule of the
**■ . , supreme court, pursuant to the agreement therefor, the
Obedience toan^, r i. j- x iii i-t
award, how en- court may enforce obedience to any award duly made under
fureed. g^^j^ submission by directing a judgment to be entered or
execution to issue for the amoumt thereof with costs.
r
TITLE XXXVIII,] PETTY OFFENCES, ETC. 581
7. The judge taxing the costs of any cause referred "hap. 147^
under a rule or order shall allow such fees to the arbitrators Fees to arbUia^
making the award as he may think reasonable. lowed on taxa
tion of costs.
' OF PETTY OFFENCES TRESPASSES AND ASSAULTS.
1. A court of general or special sessions in any county Larcenies un-
or district at which the custos of the county or district fo''nies%y°'j"nve-"
and not less than four other justices shall be present, may, "^^^ tSed*^"^^'
in a summary way, hear and try all larcenies when the
value of the property stolen shall not exceed ten pounds,
and may hear and try trespasses and felonies committed by
juvenile offenders under the age of fourteen years, except- Exceptions,
ing only capital felonies: provided that such trials, shall Proviso,
take place at the court-house of such county or district.
2. When any person has been arrested and committed to Proeeedings af-
jail by warrant for any offence triable under the first ten sec- prisoner. "
tions of this chapter,thejai]orshall forthwith notify the sheriff
thereof, who shall give notice of the same to the custos, and
such custos shall direct the clerk of the peace to summon a
special session to meet at a day to be named by him suffici-
ently distant to permit notice to the prisoner as hereinafter
. named, tod the clerk of the peace shall forthwith, on receipt
of such direction, convene such special jurors, and notify
the 'prisoner of the day named for his trial, at least eight
days previous to such special sessions.
3. The justices in general or special sessions as afore- Punishment,
said shall have power to punish by fin^ or imprisonment,, or
both, with or without hard labor, as they shall see fit, but
in no case shall they be allowed to fine beyond ten pounds,
or to imprison beyond six months, and that only in the
county or district jail.
4. Any party feeling aggrieved by the sentence of such Appeal,
justices in general or special sessions, may appeal to the
supreme court, or a judge, who may rehear the case, and
make such order therein as justice shall require ; but offend- J" ^St pro-"'*''
ers convicted before the justices in general or spe'cial ses- oeedings.
sions shall not be allowed to escape punishment from any
mere informality in the proceedings, and no relief shall be
allowed unless it shall be made to appear by affidavit that q^roT* ""
injustice would otherwise be done.
5., The proceedings up to the hearing before the justices Proceedings be-
in general or special sessions shall be by information and "^^ ' ' ■
summons or warrant, as in the first section of chapter one
hundred and sixty-nine, and the hearing and all subsequent
582
PETTY OFFENCES, ETC.
[vh.T III.
Chap, 147.
Writs, itc, liow
executed.
ConTlction.
Fees.
Ineorporated
counties and
districts.
Bztension of
act.
Sessions to
make re^la-
lations rospect-
ing liorsoc, &c.
goin^ at large,
Penalty Tor vio-
lating rcifuia-
tions.
A justice to
have jurisdic-
ition over tres-
passes by hor-
-ses, &o., to £3.
E^plevin amy
be granted by
justice.
.Formofwrit.
proceedings shall be the same as in civil cases, except that
subpoenas^ and other wrirs shall be in the name of the
queen for the defendant as well as the plaintiff.
6. All constables and peace officers shall be compelled
to execute writs and process, as in other cases of proceed-
ings at the suit of the crown.
7. The justices in general or special sessions shall make
their Conviction and sentence in writing, and shall furnish
a copy thereof to the constable or other officer, who shall
deliver the same to the jailor in case of a sentence of im-
prisonment.
8. No fees shall be paid or received under the foregoing
sections, bat officers and witnesses shall be entitled to
remuneration as in other criminal cases.
9. In the case of incorporated counties or districts, the
powers conferred under the foregoing sections, shall bfe
exercised by the monthly municipality ^courts.
10. The foregoing sections shall not extend to the city
of Halifax.
11. The sessions shall make regulations for preventing
trespasses by horses, asses, mules, cattle, sheep, swine, or
goats going at large.
12. Persons violating the regulations shall forfeit a sum
not exceeding forty shillings.
13. Where a trespass has been committed by horses,
asses, mules, cattle, sheep, swine or goats, and the damage
alleged to have been suffered shall not exceed three pounds,
the case may be tried before a justice of the peace in the
same manner and with the like costs, and subject to appeal
and other proceedings as if it were an ordinary debt.
14. The justice shall grant replevin where required
upon security being given for prosecuting the same with
effect within seven days.
15. The writ of replevin shall be in the following
form ■.-^—
You are hereby commanded to replevy to A. B. his cattle,
viz.: [here describe theni] which C. J), unjustly, as is alleged,
detains under pretence of having committed a trespass not
exceeding three pounds, and also to summon the said C. D,
to appear before me at , on the day of-
.at
o'clock, in the
-noon, there to answer such
(Cause to 1>e
tried as in other
oases.
Penalty for da-
maging or de-
facing a com-
mon.
ithings as shall be objected against him by the said A. B.
Witness my hand and seal, this day of A. D.
one thousand eight hundred and
■ P. P., J. P. (seal.)
16. The justice shall try the cause commenced by such
writ, and give judgment with the like costs as in ordinary
cases of debt and subject to the same further proceedings
thereon.
17. If any person shall cut or carry away the soil or
sods -of any common whereby the pasturage shall be injured
TITLE XXXVIII.] PETTY OFFENCES, ETC. ' 583
or the ground defaced, he, shall forfeit a sum not exceeding Chap. 147.
twenty shillings.
18. If any person shall cut down or injure any trees Penalty for in
planted for ornameut or left growing on the side of any moDtaUreeson
public square, street or highway, he shall forfeit lor every ^g^"" ^°^^'
such tree a sum not exceeding forty shillings; but no
penalty shall attach for the removal of any such trees by a
commissioner of streets or surveyor of highways.
19. If any person shall trespass in a cultivated enclosure ^r;',";^*j', *■";;;
he shall forfeit a sum not exceeding ten shillings for the cuuivatod'en" *
use of the occupier of the land. ''^'"""'^■
20. If any person shall illegally cut down or injure any I'snaity for in-
tree growing on crown or private land, or shal I illegally ^""^ '" *'^°^'
carry away any such tree when cut down, he shall, for
every such tree, forfeit a sum not to exceed forty shillings
to the commissioner of crown lands for the time being, for
the use of the provinccj or of the owner of the soil, as the
case may be. No person imprisoned under execution imprisonment.
issued upon any judgment for breach of this section, shall
be entitled to jail limits, or to the benefit of chapter one
hundred and thirty-seven, relating to insolvent debtors,
until he shall have been imprisoned, if, for the first offence,
a period of five days, and for the second or subsequent
offence, a period of ten, days.
21. Nothing in the two preceding sections contained ^^'fye^'to^^^'
shall take away froin the party injured any right of action ciimuiatory re-
at law for the trespass committed.
. 2± The offences enumeirated in sections seven, eight, J*£°''*g*^|^'^ f
nine and ten, are hereby declared to be under the jurisdic- \o, (^f^iarodun-
,. „ ' • .• • J.- ' ,£• ji. J doi juriadiotioa
tion 01 one or more justice or justices ot the peace accord- o. justices of
ing to the amount of penalty sought to be recovered. *'*" ^'""^^^'
23. Two justices of the peace may hear and determine ^,^'\j"arafco "^
in a summary way, all complaints for common assaults and havejurisdio-
batteries, and upon conviction the offender shall forfeit a sanits to forty
sum not exceeding forty shillings, to be paid over when s''iii'°s»-
recovered to the county treasurer, and the justices shall
forthwith file the receipt of the county treasurer with the
clerk of the peace.
24, If the fine and costs awarded phall not be paid forth- Bxeontions
with, or within the time appointed for that purpose by the fillip and^oosts,
justices, the same may be levied by execution in the usual meut'may'be
form, under which the offender inay be imprisoned for a ""edini thirty"
period not exceeding thirty days, unless the fine and costs days. '
be sooner paid.
, 25. If the justices upon the hearing shall deem the jJV''^?^^^™*^
offence not proved, or so trifling as not to merit pUnish- ^aaint and give
ment, they may dismiss the complaint, and if required shall eo^,^'ingiy.*^ *"'
give the party acquitted a certificate accordingly.
26. The justices may give costs either to complainant ;|;|i^stices^niay^^^
or defendant, or dismiss the complaint without costs on Bold costs ftom
■ ,i .1 either party.
either side.
584 PETTY OFFENCES, ETC. [PAET III.
Chap. 147. 27. If the offence charged be of an aggravated kind, or
Where the of- if upon the hearing the justices think the offender deserv-
Tated'th^o'fus-' ^^S ^ higher punishment than above prescribed, they may
tices may bind bind the offender over by recognizance to appear at the
to appear at '^^ next Supreme court to answer the charge, and if necessary
court^'^^"'^ may also bind over the prosecutor to appear and prosecute,
-i^ and the witnesses to give evidence.
'Compliance 28. If any person shall have obtained a certificate as
tioe's judgment above, or, having been convicted, shall have paid the whole
fromaiilSrther ^imouut adjildged. Or shall have suffered the punishment
criminal pro- awarded for non-payment thereof, he shall be thereby acquit-
ted of all criminal proceedings for the same offence.
Penalty for in- 29. If any person shall, in any part of this province,
auSiorizef sur- interrupt, molcst, or hinder, any principal deputy surveyor,
Tcyor. Q]. other person duly authorized by the governor, or by
order of a judge, as a land surveyor while in the discharge
of his duty as such surveyor, such person shall be deemed
to have been guilty of a misdemeanor, and, being convicted
thereof before any two justices of the peace of the county
where the offence shall have been committed, may be
punished by fine or imprisonment, or both, in the discretion
of such justices, such imprisonment not to exceed two
months, and such fine not to exceed five pounds, without
dioeany"mi ^''^J prejudice to any civil remedy for damages which such
remedy for da- surveyor or other authorized person may have against such
offender by reason of such offence.
Limitation of 30. Every prosecution under this chapter shall be com-
prosecutions. jjjenced within three months after the offence committed.
Proceedings to 31. The justices shall proceed by summons in the form
be by summons: ^„n„,„: '
form given. ' lollowmg :
To any of the constables of the county of-
You are hereby commanded to summon A. B., of ,
to appear before us at on the day of
next, to answer C. D. for a petty trespass [or for a petty
assault and battery, as the case may he] committed on or
about the day of , contrary to the provisions
of chapter one hundred and forty-seven.
Witness our hands at the day of ,
A. D. 18—.
E. P., J. P. (seal.)
G. H., J. P. (seal.)
Conriction to 31. The convictions under this chapter shall be en-
annexeTtothe dorscdupon or annexed to the original summons in the
^X""" ' ^"°' form following :
The within named C. D., having been duly summoned,
was this day convicted of a petty trespass [or a petty assault
and battery, or a petty assault] iipon his own confession [or
upon default, or upon the oath of J. K. as the case may be,
stating the manner of the party's conviction and the names of
the witnesses examined] and was thereupon fined the sum
TITLE XXXVIII.] WRIT OF CEETIOEARI. 585
of , with costs, amounting in all to the sum of , Chap. 148.
to be paid forthwith [or within days next.']
Witness our hands this day of , A. D. 18 — ,
E. P., J. P.
G.H., J.P.
Whicbj when signed by the justices, shall be a valid record
of such conviction.
CHAPTER 148.
OP THE WRIT OP CERTIORARI.
1. Previous to issuing a writ of certiorari the judge or Bail to be filed
Commissioner shall require the person applying therefor to writ™f octim-*
file sufficient bail, in such reasonable amount as the judge ^^M endorse^
or commissioner shall direct, to respond the judgment to be m the'^writ ^
finally given in the cause, and the judge or commissioner
shall endorse on the writ the amount for which bail is
filed, with the names of the bail, and also the date when the
writ was allowed, and shall put his signature thereto.
2. In all causes and proceedings brought up by certi- Court above
orari, the court may inquire into the facts anew, if it shall SfewTniio'the
seem to them to be necessary, and may order a trial thereof f^^^i a°riS1^
by jury. jury.
CHAPTER 149.
OP INTERPLEADER.
I. If in any action of assumpsit, debt, detinue or trover, when the de-
,the defendant, after declaration and before plea, shall by Jhe'^interest^fn
affidavit or otherwise shew that he claims no interest in the fSl s^uu\°o be to
subject matter of the suit, but that the right thereto is a Hnrd par^y,^
claimed or supposed to belong to some third party, who piea,appiy for
has sued or who is expected to sue for the same, and that Sponhimto^ap
such defendant does not in any manner collude with n^raod state
such third party, but is ready to bring into court or to
pay or to dispose of the subject matter of the action in
such manner as the court or any judge thereof may order
or direct, the court or a judge may make rules or orders
calling upon such third party to appear and state the nature
and particulars of his claim, and maintain or relhiquish the
same.
586 INTERPLEAOER. [PAET III.
Lhap. 14J. 2. Upon such rule or order the court or a judge may
The oourt or a hear the allegations as -well as of such third party as of' the
the case, and in plaintiff, a,nd in the meantime may stay the proceedings in
slaylhrpr the action.
ceedings. 3_ The court or a judge may finally order such third
fnigTmly"^ party to make himself defendant in the same or some other
party^defond-'* actiou, or to proceed to trial on a feigned issue, and may
ant in that or also direct which of the parties shall be plaintiff or defen-
or by consent'"' dant ou such trial, or with the ccmsent of the plaintiff, or
master on the ^'^'^^ third party, their counsel or attornies, may dispose of
merits. the merits of their claims and determine the same in a sum-
mary manner.
Eui.es and or- 4. The court Or a judge may make such other rules and
made'as^to^ Orders therein as to costs and all other matters a<i may ap-
iSstf'*"'"^"" P®^^ t" ^® j'^^t ^^^ reasonable.
Judgment to be 5. The judgment in the issue or action, and the decision
^*^" of the court or judge in a summary manner, shall be final
and conclusive against the parties and all persons claiming
under them.
If such third 6- If such third party shall not appear upon being- duly
apnlarho'shaii served with such rule or order to maintain or relinquisii his
bei.arred from claim, or shall neglect to comply with any rule or order after
against the de- appearance, the court or a judge may declare such third
amunst'the'""* P^rty, and all claiming under him, barred for ever from
pWntifl-, power prosecutine; his claims against the original defendajit or Iiis
of the court as i^ f. . = , , B_ • i, . i • i?
to costs. representatives, saving nevertheless the righc or claim oi
such third party against the plaintiff, and may thereupon
make such order between such defendant and the plaintiff
as to costs and other matters as may appear just and rea- ■
sonable.
Orderofajudge 7. Any Order made in 'pursuance of this chapter by a
Ttewed\y the" single judge not sitting in open court, shall be liable to be
court. rescinded or altered by the court, in like manner as other
orders made by a single judge.
A judge may at 8. If upou application to a judge, in any sta-ge of the .
thlproleedtoga pi'oceediugs, he shall think the matter raore fit for the deci-
to the court, sion of the court, he may refer it to i}ie court, and there-
upon the court shall hear and dispone of t!ie same, as if the
proceedings had commenced by a rule of coui't instead of
*the order of a judge.
ProTisionsof 9- Where claim shall be made to any goods t;iken or
this chapter intended to be taken under any writ of erecuLioiiOi'atiach-
made applioa- , • • J /> J ii
bie to sheriffs, mcut, issuiug ouu oi aiij'' couvl, tlie f.upreine court, or any
constables, c. j^jgg thereof, upon application of a shei-jff, constable or
other officer, made before or after the return of such process,
and as well before as after any action brought agiiinst such '
sheriff, constable or other officer, may call before them
by rule of court, as well the party issuing such piocess as
the party making siich claim ; and thereupon exerci-e for
the adjustment of such claims, and the rehef juid protection
of the sheriff, constable or other officer, all or any of the
TITLE XSXVIII.] PEOTECTION OF JUSTICES OP PEACE. 587
powers and anthorities bereiiiljefore contained, and make Chap. 150.
such .rules and decisions as shall appear to be just, according "
to the circumstances of the case, and the costs of all such
proceedings shall be in the discretion of the court.
10. All rules, orders, matters and decisons, in pursuance euIcs, ordeis,
of this chiipter, excepting only the affidavit to be filed, may, ^a of'vecord''"^"
together with the declaration in the caiise, if any, be entered effect onuig-
of repord, with a note in the margin, or an endorsement mcnis.
thereon by the prothonotary, expressing the date of entry,
and which shall be evidence thereof. Every rule or order
so entered shall have the effect of a judgment, except as to
becoming a charge upon lands; and such rules oi' orders
may be ienforced by execution as in other cases.
CHAPTER 150.
OP TI-IE PEOTECTION OP JUSTICES, OP THE PEACE.
1. Sverv action aarainst a instice of the peace for any Aotlon* ??ainst
act done m the execution oi nis omce wuli respecu co a -.aiojia ou the
matter within his jurisdiction shall be an action on the case, afn^'onnaiio.i, .
and it shall be expressly alleged in the" declaration that the •„''\'he°deoiara-
act was done maliciously and without reasonable and pro- tion.
bable cause, and if upon the trial the plaintiff fail to prove
• such allegation, judgment shall be given for the defendant.
2. If the action be brought for an act done in a matter Maiioo.^o.,
where he has no jurisdiction, or where he has exceeded his M^rJiK^ed ."aj-
jurisdiction, the party injured thereby or by any act done ^'™ i;'^™'''^,,,^
under a conviction, or order or warrant issued by the jus- 1" ■■>o 'jrougiit.
ticp, need not allege malice ov want of reasonable ond pro-
bable cause in his declaration. But no action in such case
shall be brought u.itil such conviction s^iall have been
qua.shed, nor shall any action bo brought for any tiling
done under any warrant issued by such justice to procure
the appearance of a party, wliich shall have boon followed
by a conviction ov order, until the same shall have been
quashed.
.S. If a warrant shall not have been ibllovFed bv a con- f -.rM j.i whie'x
, .... , . ■ '• ■ I- .10 r.jtv '1 sIkuI
viction or order, or li JC be a warraiit upon an iijjorniyciO'i p.. ;jy.u,,gt t?ie
foe an aHegefl indictable offence, and a .summons had lieen tM''i'7''"ne''.m-
previonsly is?ned and served, and the paiLy did ao'h appera- ''"■l"sw''^"■""'•
in obedience to the su/omons, in any such case no action
siiall be u^iiiiitained agaiiidu the jusi;ice for any thing done
under the waiTiUit.
4. ■Where a conviction or order shall be made by s* .!"■''- f";;fJrrantnrt^
tice, and a warrant, of distress or commii)U3nt by. some lia'-ic '"■mac-
other jasiice rn good ^aith and wichouii collusion, no action ijuji juatioe.
588 PEOTECTION OF JUSTICES OF PEACE. [PAET in.
Cftap, 150. g];ja,ll be brought against the justice who granted the war-
"'aUonvUit"!!' ^^^^ ^^^ ^^^ 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.
justioe grant- 5. Where a poor or county rate shall be made, and a
rf^dfsSs fbr a Warrant of distress shall issue against a person rated therein,
ftr any'deft-''^* '^° action shall be brought against the justice who granted
eienoy in the the warrant for any irregularity or defect in the rate, or by
reason of any such person not being liable to be rated.
Sapreme court 6. Where a justice shall refuse to do any act relating to
3ustice''iby'riie the dutics of his officc, the party requiring such act to be
latLu'^to'hii'^^" ^^^^ ^^J ^W^J ^0 the suprcmc court,-upon affidavit of the
offloel proceed- facts,' for a rule calling upon the jiistice, and also upon the
eale/howtakeu. 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 shewn against it, the coiirt may mate
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.
No action siiaU ?• Where a warrant of distress or of commitment shall
^^^,™^|'>K_ be granted by a justice upon conviction or order, which
tioe for grant either before or after the granting the warrant shall have
upouadefeS- been confirmed upon appeal, no action shall be brought
&™oonfiJmeT' against the justice granting the warrant for anything done
by appeal. thereunder, by reason of any defect in such conviction or
order.
Aotionsbrought 8. If any action shall be brought in a case where by
mayVeset ^^^^ chapter it is forbidden, a judge of the court where it
aside. 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 notice 9. No action shall be commenced against a justice for
justfce^before ^^J thing done in the execution of his office, until one
contTntsof^no'' '^outh at Icast after notice in writing of such intended
tice i limitation actiou shall have been delivered to him or left at his usual
ofaction. 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
shall be explicitly stated, and upon the back thereof shall 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,
ustioe may 10. After notice so given and before action commenced,
or°pay™ney^ such justice may tender to the party complaining, his attor-
TITLE XSXVm.] PROTECTION OP JUSTICES OP PEACE, 589
ney or agent, sttcli sum of money as he niay think fit as Chap. 150.
amends for the injury complained of in the notice ; and after jnto court -pro-
action commenced, and before issue joined, the defendant, oeedinga in
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. If 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,*)r 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 dam-
ages 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.
■11. If at trial the plaintiff shall not prove the action Proof required
brought within the time limited in that behalf, or that the the pfa?ntiff?
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.
12. In all cases where the plaintiff shall be entitled to if, plaintiff on
recover, and he shall prove the levying or payment of any guuty o?^the
penalty or' sum of money under any conviction or order as'jf™°|fo^^°J
part of his damages, or if he prove an imprisonment there- 1^^^^^^^^^
under, he shall not be entitled to recover the amount of the punishment, he
penalty or sum levied or paid, or any damages beyond two nomLaTdlma-
pence for such imprisonment, or any costs of suit, if it shall s«s only.
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 im-
prisonment that he had undergone no greater punishment
than that assigned by law for the offence of which he was con-
victed or for the non-payment of the sum he was so ordered
to pay.
13. If the plaintiff recover a verdict or the defendant cases where
allow judgment to pass by default, the plaintiff shall recover ?ovSy^f°da''-^"
costs as if this chapter had not passed. If it be stated in g'^^f l^fjfo^gts.
the declaration that the act complained of was done mali-
ciously aiid without reasonable and probable cause, the plain-
tiff, if he recover a verdict for any damages, or if the de-
fendant allow judgment to pass by default, shall be entitled
to fuU costs.
590 protection op constables. [part iii.
Chap. 151.
CHAPTER 151.
OP THE PROTECTION OP CONSTABLES.
Dotiiand of i>8- 1. Before any action shall be brought against a con-
ofra?raliu?bo stfible, or otlier officer, or any person acting in his aid, and
conaubir&e ^^^^' ^"jthing i" obedience to a warrant under the hand and
before notion ' se.il of a ju^ticc, i\ demand in writing of the peruKal and
brought. p^py ^.c gj^pj^ 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 da3-s.
ir justice not 2. L" after such demand and a Compliance therewith, an
wuen^otico^ action be brought against such constable or other officer,
dBfendant^haii ^^ person acting in his aid, without making the justice a
iiaTojud^mont; party thereto, on the proof of such warrant upon the trjal,
whorTaotion judgment sh.ill be given for the defendant, notwithstanding
aid conitabia" ^^y Want of jurisdiction in the justice. If the action be
brought against the constable or other officer, or person
acting in his aid jointly with the justice, then on proof of
such warrant, judgment shall be given for the constable,.,
other officer or person acting in his aid ; and if a, verdict '
pass against the justice the plaintiff shall recover costs to
be taxed so as to include the costs he may b^ liable to pay
to the other defendant.
Limitation of 3. No action shall be brought against a constable, or
action other officer or person acting in his aid, unless the same be.
commenced M'ithin six months next after the cat^se of action
shall have accrued.
CHAPTER 152.
OP THE" CUSTOWY AND ESTATES OP LUNATICS.
' euar|iin,n3,i;ow 1. Wlicu the relations or friends of any insane person, or
hlsilu"tVrsona. ^'^^ overseers of the poor of the township of which he is
an inhabitant, shall apply to the supreme court or a judge
thereof to have a guardian appointed • for him, notice shall
be given to such insane person of the time and place ap-
pointed for hearing the case not less than fourteen days
before the time so appointed ; and if after a full hearing it
shall appear to the court' or judge that the person iiv ques-
tion is incapable of talcing care of himself, such court or
judge shall iippoint a guardian of his person and estate,
with tlie powers and duties hereinafier specified. Every
guardian so appointed shall have the care and custody of
TITLE XXXVIII.] LUNATICS. §91
the person of the waj|i and the management of his estate Chap. 152.
until legally dischar,^
2. When a guardmn shall be appointed for an insane AUowanoc for
person the court or judge shall make an allowance to be rJf by ward.""^"
paid by the guardian out of the estate of the insane person
for all reasonable expenses incurred by the ward in defend-
ing himself against the complaint.
3. Every guardian of an insane person shall pay all jtist Doiits wti ex-
debts due from the ward out of his personal estate, if suffi- provil'ea Z- ;
cient; and if not, out of his real estate, upon obtaining a gfan!""*^^"*'"
license for the sale thereof from the supreme court or any
judge thereof. He shall also settle all accounts of the ward,
and sue for and receive all debts due to him, or may com-
pound for the same, and give discharge to the debtors ; and
he shall appear for and represent the insane person in all
legal suits and proceedings.
4. The guardian shall also manage the estate frugally Duty of guar-
■ and without waste; and apply the profits thereof, as far as wardrus'fami-
may be -necessary, to such insane person's comfortable^'*"-
and suitable maintenance, and that of his family ; and if such
profits be insuflicient, the guardian may sell or Mortgage
the real estate upon obtaining a license therefor, and shall
apply the proceeH, so far as may be necessary, for tl^e
maintenance and support of such insane person and his
family.
5. On a sale takinar place under a license to sell the real needs of real
, , n ' .^ T I'n t_ • estate to be
estate ot an msane person, the guardian shall execute m made by guar
the name of the insane person a deed thereof, which shall '^"'°*
convey the same to the purchaser either absolutely or by
way of ihd'rtgage as therein specified, in the same way as if
executed by himself when of sound mind.
6. When any guardian so appointed shall remove from Guardians, how
the prdvince, or become insane or otherwise incapable of gua?^lns,"how
'^ i<^iJ'; discharging his trust, or evidently unsuitable therefor, the appointed,
supreme court or a judge thereof, after notice to such
^ guardian, if resident in the province, and to all others inte-
rested, may remove him ; and every guardian may, upon
his request, be allowed to resign his trust, when it shall
appear to the court or a judge proper to allow the same ;
and upon every such resignation or removal, and also upon
the death of any guardian, the court or a judge may
appoint another in his stead.
7. Every guardian shall give bond with sureties to her Guardians to
majesty, with the following conditions : ^er^ma^sty °
First. — To make a true inventory of all the real estate, ^^t^*'""' "**
and all the goods, chattels, rights and credits of the insane
person that shall come to his knowledge, and to return the
same into the supreme court at such time as the judge shall
order.
Secondly. — To dispose of and manage all such estate
and effects, according to law, and for the best interests of
tfU'i^mt^
592 LUNATICS. [PAET III.
Chap. 152. the insane person, and faithfully to discharge his trust in
relation thereto. wK
Thirdly.^ — To render an account on^th of the property
in his hands, including ihe proceeds of all real estate sold
by him, and of the management and disposition of all such
property, within one year after his appointmentj and at
such other times as the judge shall direct ; and —
Fourthly. — At the expiration of his trust to settle his
accounts with the court or a judge, or with the insane per-
son in case of his restoration to reason, or in case of his
death with his legal representatives, and to pay over and
deliver all the estates and effects remaining in his hands or
due from him on such settlement to the person lawfully
1 entitled thereto.
Findineof jury 8. In all cases where it shall be given in evidence, upon
janepersons?' the trial of any person charged with treason, murder, or
felony, or any misdemeanor, that such person was insane at
the time of the commission of such offence, and such per-
son shall be acquitted, the jury shall be required to find
specially whether such person was insane at the time of the
commission of such offence, and to declare whether such
person was acquitted by them on account of such insanity,
and if they shall find that such person wijj^ insane at the
time of the committing such offence, the court, before
whom such trial shall be had, shall order such person to be
Custody of such kept in strict custody, in such place, and in such manner, as
persoQs. ^^ ^-^^ court shall seem fit, until the pleasure of the gover-'
nor in council shall be known ; and it shall thereupon be
lawful for the gove-rnor in council to give such order, for
the safe custody* of such person, during his pleasure, in
such place, and in such manner, as to the governor in coun-
cil shall seem fit ; and in all cases where any person has
been acquitted of any such offences, on the ground of insa-
nity at the time of the commission thereof, and has been
detained in custody as a dangerous person, by order of the
court before whom such person has been tried, and still
remains in custody, it shall be lawful for the governor in
council to give the like order for the safe custody of
such person, during his pleasure, as he is hereby enabled
to give in the cases of persons who shall hereafter be
acquitted on the ground of insanity.
Prooeodings on 9. If any person indicted for any offence shall be insane,
fH8aiil™rsonsf ^nd shall, upon arraignment, be found so to be, by a jury
lawfully empanelled for that purpose, so that such person
cannot be tried upon such indictment, or if, upon the trial
of any person so indicted, such person shall appear to the
jury charged with such indictment, to be insane, it shallbe
lawful for the court before whom any such person shall be
brought to be arraigned or tried as aforesaid, to direct such
fi'nding to be recorded, and thereupon to order su,ch person
to be kept in strict custody until the pleasure of the gover-
TITLE 2XXVIII.] LUNATICS. 593
nor in council shall be known ; and if any person charged Chap. 15%
with any offence shall be brought before any court, to be
discharged for want of prosecution, and such person shall
appear to be insane, it shall be lawful for such court to
order a jury to be empannelled to try the sanity of such
person, and if the jury so empannelled shall find such per-
son to be insane, it shall be lawful for such court to order
such person to be kept in strict custody, in such place and
in such manner as to such court shall seem fit, until the
pleasure of the governor in council shall be known; and
in all cases of insanity so found, it shall be lawful for the
governor in council to give such order for the safe custody
of such person so found to be insane during his pleasure,
in such place, and in such manner, as to him shall seem fit.
10. And for the better prevention of crime being com- ApprehoDsion,
.,,,. . .p in IT T comrautal, ace
nutted by persons insane, it any person snail be discovered of insane per-
and apprehended under circumstances denoting a derange- ^™''
ment of mind, and a purpose of committing some crime, for
which, if committed, such person would be liable to be
indicted, it shall be lawful for any two justices of the peace
of the county, before whom such person may be brought,
to call to their assistance any legally qualified physician or
surgeon, and if, upon order and examination of the said
person so apprehended, or from other proof, the said jus-
tices shall be satisfied that such person is insane, or a dan-
gerous idiot, it shall be lawful for the said justices, by war-
rant under their hands and seals, to commit such person to
the jail of the county, there to be kept in strict custody, until
such person shall be discharged by the order of two justices
of the peace, one whereof shall be one of the justices who
has signed such warrant, or by one of the judges of the
supreme court, or until such person shall be removed, by
order of the governor in council, to a proper lunatic asylum,
or to the custody of guardians appointed under this chap-
ter.
11. Any two justices may enquire into, and ascertain, ^^f^™n°e„'!"'
by the best legal evidence that can be procured, under the anoe, &c., of
circumstances of the personal legal disability of such insane persons,
person or dangerous idiot, the place of the last legal settle-
ment of such person, or of any other person now or here-
after tried and acquitted on the ground of insanity, or of
any person so found insane, under any of the provisions of
this chapter ; and it shall be lawful for the said two justices
to make an order, under their hands and seals, upon the
overseers of the poor of such township or place where
they adjudge him to be legally settled, to pay aU reasonable
charges of examining sUch person and conveying him to
such county jail, and to pay such weekly sum for his main-
tenance in such place of custody as they, or any two
justices, shall, by writing under their hands, from time to
time direct ; and where such place of settlement cannot be
594 LUNATIC ASYLUM. [PAKT 01.
Chap. 152. ascertained, such order shall be made.iipotj the treasurer of
the couuty where such person shall have been in custody or
apprehended': provided always, that nothing herein con-
tained shall be construed to extend to restrain or prevent
any relation, guardian, or friend from taking such, insane
parson or dangerous idiot under his own care and protec-
tion, if he shall enter into sufficient recognizance for his
peaceable behaviour or safe custody, before two justices of
the peace, or the court of sessions, or one of the judges of
the supreme court: provided also, that the overseers of the
poor of the township or place in which the justices shall
adjudge any insane person or dangeorous idiot to be set-
Appeal, tied, may appeal against any such order, to the next general
or special sessions to be holden for the county where such
order shall be made, in like manner, and under the like
regulations and restrictions as against any order of removal,
giving reasonable notice thereof to the clerk of the peace
of the county upon whose rates the burthen of maintaining
such insane person or dangerous idiot might fall if such
order should be invalid ; and such, clerk of the peace shall
be respondent in such appeal, which appeal the justices of
the peace assembled at the said general or special sessions
are hereby authorized and empowered to hear and deter-
mine in the same manner as appeals .against orders of
removal are now heard and determined.
Expenses i.neur- 12. All charges hereinbefore mentioned, that may be
paicitutS the incurred by any overseers of the poor of any township or
^ne'person ^°" pl*^*^®) ^^ ^7 ^^Y county. Under this chapter, the same being
first proved, on oath, before two justices, shall be re-paid to
th^ said overseers, or td the treasurer of the county, res-
pectively, as the same may have been incurred out of the
proceeds of the personal property, or the rents of the real
estate, or, if necessary, the real estate itself, of such insane
person or dangerous idiot, (if any he have over what will
maintain his family) which may, for that purpose, be seized
and sold by the said overseers or county treasurer, under
a warrant from two justices.
' Physioian.when 13. Any person shall be deemed a legally qualified
qaaiifledtoact. physician or surgeou, for the purposes of this chapter who
would not be disqualified from recovering a fee or reward
for his professional services, by chapter fifty-seven.
:^f^^^.^. LUNATIC ASYLUM.
Tiue, otjeot. 14. The title of the above institution shall be the " pro-
vincial hospital for the insane," and its object shall be the
most humane and enlightened curative treatment of the
insane of this province.
Management, 15. The management of the hospital shall be vested in
how vested. ^ board of nine commissioners, to be appointed by the
governor in council, who are hereby created a body corpo-
rate, by the name of " the commissioners of the provincial
TITLE XSXTIII.] LUNATIC ASYLUM. ' 595
hospital for the insane." The term of oflSce of three of the Chap. 152.
nine commissioners shall expire on the thirtieth day of June,
in the year one thousand eight hundred and sixty, and of
three others bi-ennially thereafter, on the same day of the
year. The vacancies shall be filled on the same day, or as soon
thereafter, as can be conveniently done, and retiring com-
missioners may be re-appointed. The order in which the Term of office
term of office of the first nine commissioners shall expire ersTappoTnt^'
shall be determined by lot, and shoiild any vacancy occur "'™'°''-
by death, resignation, or otherwise, such vacancy shall be
filled by appointment for the unexpired term of such com-
missioner.
16. The commissioners at their first meeting, to be called Krst meeting
by the senior commissioner, shall elect a treasurer, who oee'dings^at''™"
shall give bonds for the faithful discharge of his duties, in polntmlntT;
such sum and with such securities as may be required by salary of.
the governor in council, and shall receive such salary as
the commissioners may appoint, subject to the approval of
the governor in council.
17. The governor in council shall appoint a medical Medioai super-
superintendent, whose salary shall be three hxindred pounds stewarS^ma-
per annum, with the boarding and lodging of himself and meJlr^if"^*^
femily — and also shall appoint on the nomination of the riesot
medical superintendent, a steward and matron, whose sala-
ries the governor and council shall determine.
■ 18. The commissioners shall make all needful bye-laws B-y^jaws.
for the government of themselves and the hospital, not
inconsistent with this act nor with the laws of this province.
But before such bye-laws shall have effect they shall be Proviso,
submitted to and approved by the governor in council.
19. The commissioners shall visit the hospital at stated Kbmmiesipners-,;
.,,11, . J. , f. ., powers of, dm
periods, and shall exercise a careiul supervision over its laes of, &o,-.
expenditures and general operations. They shall make
annually to the governor, for the information of the legisla-
ture, a full account of their receipts and expenditures, and
a detailed report of the progress, the condition, and wants
of the institution, accompanied by a complete statement
and report from the medical superintendent of the stibjects
under his immediate supervision and control. The com*
missioners shall have the general control and' management
of all the property and concerns of the hospital, not other-
.wise provided for by law.
20. The commissioners may take and hold in trust for Mayhoid grant
the hospital any grant, devise of land, or any donation or
bequest of money, or other personal propertj', to be applied
to the maintenance of insane persons, or to the general use
of the hospital, or in such manner as shall have been or may
hereafter be devised.
21. No commissioner shall receive any compensation for Not to receive
, . . . . T 11 1 1 1 1 iY> compensation,
his services as commissioner, nor shall he hold any oiiice hold office, or
or employment connected with the hospital, from which any ^^ 3°'">"'y> '^«
38
596 LUNATIC ASYLtJM. [PAET III.
Chap. 152. emolument cf^n be derived, nor shall he be interested, as
security or otherwise, in any contract for or on account of
the hospital.
Medical super- 22. The medical superintendent shall be the chief exe-
iwro^n^re-""" cutive officer of the hospital. He shall be a well educated
miaes. physician, and shall with his family, reside on the premises,
and devote his whole time to the welfare of the institution.
Duties of. 23. He shall, subject to the approval of the commission-
ers, engage and discharge all needful attendants and assist-
ants for the care of the insane, and all servants connected
with the establishment, and all laborers on the farm, and
shall determine their wages and duties, subject to the judg-
ment and control of the commissioners.
Admission of 24. The admission of insane patients from the several
patten 8. counties of the province shall be in the ratio of their insane
population.
Insane paupers 25. The Several constituted authorities having care and
malntemmoeoi, charge of the poor in the respective counties, po,or districts,
•*<'• and townships, shall have authority to send to the hospital
when vacancies occur therein, and when they shall lae
entitled under this chapter, such insane paupers under their
charge as are most likely to be benefitted by hospital treat-
ment ; that is to say, cases of recent occurrence in prefer-
ence to those whose insanity has been of longer duration ;
and those counties, poor districts, or townships, shall be
severally chargeable with the expenses of the care and
maintenance, and removal to and from the hospital, of such
paupers as have obtained a settlement in their respective
counties, poor districts and townships. The overseers of
the poor, or other, constituted authorities, having care or
■charge of the poor of such counties, poor, districts, or
townships, as well those then in office as those thereafter
■coming into office, while the said expenses are accruing,
and until the same are fully paid, shall be answerable to the
(Commissioners for the amount from time to time due, as the
representatives of the counties, poor districts, and town-
ships, from which Jsuch pauper insane shall have been
sent to the .hospital. And it shall be the duty of the
oveEseers of the poor, or other constituted authorities, to
cause provision, from time to .time, to be* made for raising
fthe necessary funds by assessment, as in the case of other
charges for the support of the poor, so that the amounts
due to the commissioners for the care of such insane
paupers may be punctually paid as the same become due.
noasepatieitts 26. . If the guardians, overseers of the poor, or other
(^ not paid parties to whom the expense of any patient who shall be in
the hospital is chargeable, shall neglect, or upon demand
made shall refuse to pay to the commissioners the expense
of the care, maintenance and removal of such patient, and
also in the event of death, the funeral expenses of such
ipatient, the commissioners are hereby authorized and
TITLE XXXVIII.] LUNATIC ASYLUM. 597
empowered to collect the same as debts of a like nature Chap. 152.
are now collected. '
27. If application be made to any two justices of the Power of jug-
peace for the commitment to the hospital of any insane per- peace^to send
son within the county in which such justices have juris- """^""^ persona,
diction, it shall be the duty of such justices to enquire into
the fact of the insanity of such person, in the manner pro-
vided by section ten, and if satisfied that such person
is, by reason of insanity, unsafe to be at large, or is suffer-
ing any unnecessary duress or hardship, the justices shall,
on such application and proof, commit such insane person
to the hospital, provided there be at the time a vacancy for
such patient therein, and shall, if necessary, make an order
for payment of the expense of the care, maintenance, and
removal of such insane person.
28. Whenever there are vacancies in the hospital, the
board of commissioners may admit, under special agree- in case of ra-
ment, cases for which admission is sought— a preference mayadm^tpa-
being given to those of most recent occurrence, and hence *'®°'8-
most likely to be benefitted by hospital treatment.
29. When an insane person in indigent circumstances, ,
whose insanity shall have commenced within a year prior to in case of indi
his or her admission, shall have been sent to the hospital whose Mends
by friends who have paid their bills therein for six months, nueToVay.''"
upon an application under oath in his or her behalf, stating
the inability to pay of the parties legally liable for his or
her support, the application being endorsed by one of the
commissioners of the hospital, the overseers of the poor,
or other constituted authorities of the place of legal settle-
ment of such insane person, are authorized and required to
raise a sum of money sufiicient to defray the expenses of
such insane person for one year, and to pay the same to the
treasurer of the hospital, and they shall repeat the same
for two succeeding years, upon like application, duly
verified.
30. Indigent persons and paupers shall be charged for
medical attendance, board, and nursing, while residents of Chp,rges
the hospital, no more than the actual cost; and patients who tSntsf •^^
are not chargeable upon townships, districts, or counties,
shall pay according to the terms directed by the commis-
sioners, having relation to the accommodation desired and
afforded.
31. Th& commissioners, (upon the medical superinten-
dent's certificate of recovery, amendment, harmlessness, or Discharge of
unsuitableness), may discharge any patient, except those ^^ '*" '"
under a criminal charge, and the parties liable for the
maintenance of such patients shall be duly notified of such
discharge, and the terms thereof. Provided that patients
under a criminal charge shall be discharged only bj' an order Proviso,
from the governor in council.
598
LUNATIC ASYLUM,
[PART in.
Chap. 152.
Bond for ex-
penses.
Medical certifi-
cate ^previous to
admission.
Medical man
not responsible
for certificate.
Resident offi-
cers, exemp-
tions of.
Commissioners
to erect water
tanlis, &c.
Miiy brealj up
streets.
Proceedings in
case commis-
sioners require
land, &C., for
tliepurpose of
obtaining; a
supply onwa-
ter, and cannot
agree witli the
proprietors for
it.
32. Parties committiBg insane patients to the hospital
shall execute a bond, with sufficient security, for payment
of expenses, which bond may be sued as often as shall be
necessary, and recovery had agreeably to chapter one hun-
dred and forty-four, " Of summary suits."
33. Before admission of a patient, there shall be pro-
duced a certificate, signed by two legally qualified medical
men engaged in actual practice, dated within one month
previously, stating that within that time they have per-
sonally and separately examined such patient, and believe
him or her to be insane.
34. No medical man shall be held responsible to any
patient or their representatives for any certificate thus
grante'd.
35. Resident ofiicers and other employees of the hos-
pital, while actually engaged as such, shall be exempt from
militia duty, from serving on juries, from county and town-
ship offices, and from performance of statute labour.
36. The commissioners ar3 authorized to take all proper
and necessary steps to ensure to the hospital an ample'
supply of water, and to cause all such reservoirs, tanks,
fountains, leaders, pipes, and tubes, as shall be requisite for
that purpose, to be laid and placed at proper and convenient
distances below the surface of any of the roads, streets, and
highways of the township of Dartmouth, and it shall be
lawful for the commissioners, after ten days notice given to
the commissioners of streets for the township of Dart-
mouth, to break up and open such of those roads, streets,
and highways, as may be necessary, and to keep the same
open for a reasonable time ; provided that such commis-
sioners of the hospital shall faithfully and carefully close
up, repair, and make good such roads, streets, and high-
ways, or otherwise they shall be liable to defray all expenses
that may be incurred by the commissioners of streets in
closing up, repairing, and making good the same.
37. Whenever there shall be a necessity for the com-
missioners to enter upon and take possession of any lands,
or lands covered with water, for the purpose of obtaining
■such supply of water, and they cannot agree with the pro-
prietors of such lands, and lands covered with water, for
the sale or lease thereof, as may be required, they may
apply to the supreme court in term time, or to any two
judges in vacation, by petition, stating the nature and posi-
tion of the land, with the names of the owners or occu-
piers, so far as the same can be ascertained, and prayingfor
the apponitment of appraisers to value the land, and land
covered with water, and the interest and estate therein
required by the commissionei's, and praying also the trans-
fer, conveyance, and use thereof to such commissioners;
whereupon the court or judges shall appoint a time and
place for considering such petition, after proper notice in
TITLE XXXIX.] LIMITATION OF ACTIONS. 599
writing given to all parties interested, to attend at srach Chap. 15.3.
time and place to be so appointed for that purpose; and at
such time and place such court or judges shall require the
commissioners to nominate one appraiser, and the parties
interested in such lands, and lands covered with water, to
appoint one appraiser, and such court or judge shall appoint
a third appraiser, and such appraisers shall be severally
sworn to the faithful discharge of their duties, before suck
court or judges; and shall thereupon proceed to make a
just and equitable valuation and appraisement of the fair
and reasonable value of such lands, or lands covered with
water, or of the fair annual rent thereof; and such apprais-
ers, or any two of them, shall make a return in writing to
the prothonotary of the supreme court at Halifax, to be by
him filed in his office ; and if such court or judges shall, on
application of the commissioners, be of opinion that the
appraisement or valuation has been fairly and impartially
made, they shall by rule or order confirm the same ; and
thereupon the persons entitled to receive th§ amount of
such valuation or appraisement shall be paid the same by
the commissioners, together with such reasonable 'costs and
expenses as such court or judges may direct.
TITLE XXXIX.
CHAPTER 153.
OF THE LIMITATION OP ACTIONS..
1. No action of assumpsit, trespass quare clausum Actions wbioh
/regit, detinue, trover, replevin, debt grounded upon any bTOSJ''ht*withm
lending or contract without specialty or for rent, account, s« y«&rs.
or upon the case, shall be brought but within six years next
after the cause of action.
2. In actions grounded upon any simple contract, no a promise to
acknowledgment or promise, by words only, shall be deem- of the Sute'
ed sufficient evidence of a new or continuing contract, mu^t ')e in wn-
whereby to take any case out of the operation of the pre- tractors, eo-ex"-
ceding section, or to deprive any party of the benefit affeotl'dby'pro-
thereof, unless such acknowledgment or promise shall be ^^traotorco-
in some writing signed by the party chargeable thereby ; executor, &o.
and where there shall be two or more joint contractors or
executors or* administrators of any such contractor, no
such joint contractor, executor or administrator, shall lose
the benefit of the preceding section by reason only of any
written acknowledgment or promise made or signed by any
600 LIMITATION OF ACTIONS. [PART HI.
Chap. 153. other of them. But nothing herein contained shall alter or
~ take away, or lessen the effect of any payment of any prin-
cipal Or interest made by a.ny person whomsoever ; and in
any action to be commenced against two or more joint
contractors, or executors or administrators, if it shall appear
at the trial or otherwise that the plaintiff though barred by
this provision as to one or more of such joint contractors,
or executors or administrators, shall nevertheless be entitled
to recover against any other of the defendants, by virtue of
a new acknowledgment or promise or otherwise, judgment
may be given and costs allowed for the plaintiff, as to such
defendant against whom he shall recover, and for the other
defendants against the plaintiff.
Issue on plea in 3. If any defendant in any action on any simple con-
non-joinder un- tract, shall plead any matter in abatement, to the effect that
ter.howfouML ^"Y Other porsOu ought to be jointly sued, and issue be
joined on that ^lea, and it shall appear at the trial, that the
action could not\ by reason of this chapter be maintained
against the other person named in such plea,, the issue
joined in such plea shall be found against the party plead-
ing the same.
Endorsements 4- No endorsement oi; memorandum of any payment,
eviJenM °°' Written or made upon any promissory note, bill of exchange
or other writing, by or on behalf of the party to whom
such payment shall be made, shall, be deemed sufficient
proof of such payment, so as to take the case out of the
operation thereof.
Set-off due on 5. This chapter shall apply to the case of any debt on
witfin the sta°' simple Contract, alleged by way of set off on the part of
tute. any defendant, either by plea, notice or otherwise.
a promise after 6. No actiou shall be maintained whcroby to charge any
adebt'oontiS person upon any promise, made after full age, to pay any
nor'mMtbein ^^^^ Contracted during infancy, or upon any ratification
writing. after full age, of any promise or simple contract made during
infancy, unless such promise or ratification shall bfe made by
some writing signed by the party to be charged therewith.
Provisions of 7. The provisions of the last five sections shall not
tims^Umitirto apply as against either the plaintiff or defendant in any
menoedSrist ^ction Commenced before the first day of April, one thousand
April, 1S53. eight hundred and fifty-three.
In ease of mu- 8. In an action to recover a balance due upon a mutual
S^n°g of'tho open and current account, where there have been recipro-
pu'tel''"" °°'"' ^'al demands between the parties, the cause of action shall
be deemed hereafter to accrue from the time of the last
item proved in the account claimed, or proved to be charge-
able on the adverse side.
Actions which ^' ^^ action of trespass for assault, battery, wounding
require to be or imprisonment, and no action on the case for words, and
one^year.^' '° no actiou Or prosccutiou for taking illegal interest, shall be
commenced but within one year next after the cause of
action, or after the offence was committed.
TITLE XL. J COSTS AND FEES. 60 1
10. Actions by or against minors, married women, per- Chap. 154.
sons insane, imprisoned or out of the province, may be com- Actions against
menced within l^e like period after the removal of the dis- "'whauime'to'
ability, as is allowed, for bringing the action in ordinary *" ''™"s'''-
cases.
11. If in any action judgment be given for the plaintiff, wheujudgment
and the same be reversed by error, or if judgment be arrest- restes, when
ed after verdict, then the . plaintiff may commence a new Selirought™*''
action within one year after such judgment reversed or
arrested.
• 12. No entry into any lands shall be made, or action SionfOTTaadl
therefor brought, but within twenty years after the right '<> be within
descended, or cause ot action accrued.
13. Minors, married women, persons insane imprisoned Minorsandper-
,,,' . ,. '^ 1 ,■■ 1 1 sons under dis-
or out 01 the provmce, being .and continuing under such abilities, within
disability, may make such entry or bring such action within i^w^i'tTbrlng
ten years after the removal thereof But no such action ""''ens.-
shall be brought or entry made but within forty years after
the right or action shall have descended or accrued.
14. No claim for lands or rent shall be made by her ^^'ima^f^her
maiesty, but within sixty years after the right of action to majesty limited
recover such lands or rent shall have accrued.
TITLE XL-
CHAPTER 154.
OF COSTS AND PEES.
1. Pees for the services mentioned in the schedule to f^f/ 'barter '"
this chapter shall be as therein prescribed. prescribed.
2. Any person taking greater fees shall, for each offence. Penalty for ta-
forfeit to the party aggrieved ten pounds ; which sum, with fee's? ®^°''^''^''
such excessive fees, may be recovered by him in an action
for debt.
3. Actions for such forfeitures shall be brought in the ^°fi?e°^X?r
county where the offence was committed, and within six J^^^jJ f^^e''''
months next after the date of such offence. tion.
SCHEDULE.
i^ees to he taken at the provincial secretary's offlce, and paid
irdo the treasury.
Each certificate, under the hand of the governor and
the great seal of the province, one pound.
Each certificate, under the band of the governor and the
seal at arms, ten shillings.
602 COSTS AND PEES. [PAET HI,
Chap. 154. Each certificate, tinder the hand and seal of the provin-
cial secretary, five shillings.
Every search, one shilling.
Copies of grants, proceedings in council, or other
papers, per folio, six pence.
Sheriff ^s fees.
Serving summons and making return thereof, XO 3 6
Serving every other writ of mesne process or
scire facias, and making return thereof, 0 5 0
Serving every execution and' making return
thereof, 0 5 0
Returning every execution where the same has
not been served, 0 16
Serving every writ of possession and making re-
turn thereof, 0 15 0
Travel per mile from the place of residence of the
sheriff to the place where he shall serve a writ, 0 0 6
One penny per mile from the place of residence
of the sheriff to the court-house where the writ
is returnable, provided the same be out of the
county and also provided' the writ be actually
served.
Every bail bond,
Summoning a jury in each cause,
Executing writ of inquiry, summoning jury, and
making return,
Returning every special jury.
On execution or attachment where a sale shall
take place extended on personal property, sale
and payment of the money to the ,party or his
attorney, as follows : • •
For any sum not exceeding £50, one shilling in
the pound. . -<~
Prom £50 to £100, nine pence in the pound.
For all above £100, six pence in the pound.
In cases where there shall be no sale, one half
the above fees on payment of the money.
For making inventory of goods attached, such
reasonable fees as shall be taxed by the court
out of which the writ shall have issued.
For certifying copy of attachment levied on real
estate and making and delivering to the registrar
of deeds copy of the appraisement of the real
estate, 0 5 0
On the sale of all rekl estate, whether by virtue
of an execution or attachment, or by virtue of
any rule or order, an^ payment of the pro-
ceeds to the party or his attorney, six penpe in
the pound.
Every deed, 0 10 0
0 3
0 2
0
6
0 10
0 15
0
0
TITLE XL.J
COSTS AND FEES.
Bringing np prisoner by habeas corpus, £0
Attending prisoner before judge on any special
occasion, 0 3 6
For every member returned duly elected to
serve in general assembly, to be paid out of
the treasury in lieu of all other expenses
chargeable upon the treasury, 1 10 0
For summoning the grand and petit juries, a sum
not exceeding £5 if allowed by the grand jury
and approved by the sessions.
Appraiser's fees.
For appraising goods or real estate taken under
attachment, each appraiser, 0 2 6
When property is extensive and comphcated, for
.;? each day actually employed, each appraiser, 0 3 6
^ .' Juror's fees. ^.^^ <2...^
Petit and special jurors, per day, 0 2 6
Travel per mile from place of residence to court
house, . 0 0 6
Witness' fees.
For attendance, per day,
Travel per mile, coming and going,
To be the same in every court.
Crier's fees.
For every default on non-suit,
" calling jury in each cause,
" every verdict,
" swearing every witness,
" discharging a party, by proclamation.
On every bill of costs taxed in the country,
" " " in Halifax,
Constable's fees in supreme court.
Attending jury in each cause.
Serving every warrant or summons.
Summoning a jury by warrant from coroner, and
attendance per day, 0 2 6
Travel per mile the same as sheriff.
~ Coroner's fees.
For every inquisitipn, ingluding 12s. for fees of
jury and 2s. 6d, for fee 'of constable, to be paid
by the province, • ' 2 10 0
Any extraordinary and necessary expense attend-
ing the inquest or burial of a deceased person,
if approved of by the grand jury and court of
sessions, to be a county charge.
603
5 0 Chap. 154.
0 2
0 0
6
3
0 0
0 0
0 0
0 0
JWO
0 0
0 1
4
6
4
3
6
6
0
0 1
0 1
0
0
604 COSTS AND FEES. [PART III.
Chap. 154. The same fees as a sheriff in cases where he
discharges the duty of a sheriff.
Arbitrator's fees under a rule of court.
Reasonable fees to be taxed.
COURT OF MARRIAGE AND DIVORCE.
For the governor, vice president and judges, for
each day they shall actually attend, each, £1 0 0
Advocate and proctor's fees.
Retaining fee for counsel, 13 4
Proxy, 0 6 8
Draft of libel or other pleading, per folio, 0 10
Engrossing same, pier folio, - 0 0 6
Entering appearance, 0 3 4
Every subpoena, citation or other writ, 0 5 0
Copies for service, each, 0 16
Drawing affidavit of service of subpoena, citation,
or other process or proceeding, 0 2 0
Every petition necessary in conducting a cause, 0 3 4
Every order, 0 3 4
Counsel fee on making or defending every special
motion, not to exceed 1 3 , 4
Drawing brief in every cause, per folio, 0 10
Counsel fee for examining and signing each plead-
ing, 0 11 8
Draft of interrogatories, per folio, 0 10
Engrossing ditto, 0 0 6
Counsel fee on hearing or argument, not to exceed 3 10 0
Making up bill 'of costs, 0 3 4
Servijfg every subpoeQa, or other writ or order, 0 3 6
Travel per mile from the residence of the party
making service to the place of service, 0 0 3
Every necessary attendance on the registrar, 0 6 8
Draft of decree, per folio, 0 0 6
Engrossing ditto, 0 0 6
Begistrar's fees.
Entering and filing every bill, 0 2 6
Entering and filing every other pleading, .01 6
Piling all other papers, each, 0 0 6
Signing and sealing every writ, and certifying
copies, 0 2 6
Every search, 0 10
Copies of all papers, per folio, 0 0 6
Drawing and signing every rule or order, 0 10
Every necessary attendance on the vice-president, 0 5 0
Every court day, 0 5 0
On procuring signature of final decree, 0 6 8
TITLE XL.J COSTS AND FEES, 605
Oommissioners on examination of witnesses. Chap. 154.
For taking the examination of every witness,
each commissioner per day, £1 3 4
PBOBATECOUBT. «
Judge's fees.
Where the estate does not exceed £100 and there
is no contest, in full of all fees, 10 0
Where the estate does not exceed £200 and there
is no contest, in full of all fees, 1 10 0
Every citation, including order for the same, 0 2 0
Every order not herein specially provided for, 0 2 0
For the probate of a will or letters of administra-
tion where the estate does not exceed £200,
and order for the same, 0 16 8
Ditto, ditto, when above £200 and not exceeding
£1000, and order, 10 0
Ditto, ditto, when above £1000, and order, 2 6 8
For warrant of appraisement and order for the
same, 0 2 6
For every subpoena, attachment, execution, or
other process not otherwise provided for, in-
cluding order for the same, 0 10
Letters ad colligendum, 0 10 0
Sentence or decree in ordinary cases of granting
licenses to sell, mortgage or lease real estate,
passing accounts of distribution, &c., 0 10 0
Sentence or decree for probate of a will or codi-
cil, letters of administration, or granting license
to sell, mortgage or lease real estate, passing
accounts of distribution, &c., where there is a
contest, _ _ 1 10 0
Transmitting appeal with statement of decision, 13 4
Taking testimony in writing where there is a con-
test, per folio, 0 10
Warrant for appraisers to divide real estate, .on
petition of parties, _ 0 5 0
Dedimus potestatem to take deposition of wit-
nesses and order therefor, _ 0 5 0
Appointing and allowing guardians to minors,
and order therefor, ? "*■? 2
Every oath administered by him,
Examining and taxing costs,
0 10
0 2 6
Begistrar's fees.
Where the estate does not exceed £100 and there
is no contest, in full of all fees, 1 0 0
Where the estate does not exceed £200 and there
is no contest, in full of all fees, 1 10 0
606 COSTS AND PEES. [PART III.
CuAP. 154. For filing every paper, £0 0 4
Probate of will and letters of administration and
entry or order therefor, where the estate i's
under £200, 0 .16 8
H "Where estate is above £200 and does not exceed
£1000, and entry of order, 1 0 0
Where estate is above £1000, and entry of order
therefor, 2 6 8
Letters of guardianship or ad ooUigendum, and
entry of order,
Copy of will and probate, per folio.
For preparing bond in all necessary cases,
Preparing citation and seal.
Each copy thereof.
Preparing necessary affidavits, each,
Filing every warrant and seal,
" every certificate of licence to sell real estate, 0
For all copies of papers, per folio.
For every certificate and dedimus potestatem,
For entry of every decree in registry book, and of
every order not specially provided for, per folio,
Every search or inspection of documents,
Preparing subpoena and seal,
Piling each ticket for the- same.
Filing every caveat or appeal,
Preparing every execution, attachment, or other
process not specially provided for, and entry
of order therefor,
Filing every decree,
Every oath administered by him.
Taxing costs,
Proctor and advocaie^s fees.
Taking instructions for client to commence or
defend proceedings in probate court,
Preparing every petition.
Preparing every allegation or other paper neces-
sary to be prepared by him, per folio,
Every additional copy thereof, per folio,
Every necessary attendance on judge,
Every hearing or argument before the judge, not
less than half a guinea nor more than two
guineas, at the discretion of the judge.
Serving every notice or other paper, on each
person, 0 10
.Sheriff or -other ministerial officer's fees.
Serving citation or other process, (subpoena ex-
cepted), on each person, 0 2 6
Posting up same in three public places directed
by the judge, 0 5 0
0
10
0
0
0
6
0
4
0
0
2
0
0
1
0
0
1
0
0
2
6
0
5
0
0
0
6
0
5
0
0
0
6
0
1
0
0
2
0
0
0
6
0
2
0
0
2
0
0
10
0
0
1
0
0
2
6
0
10
0
0
3
4
0
1
0
0
0
6
0
6
8
0
2
0
0
0
6
0
0
0
0
0
0
0
0
0
0
0
0
6
0
0
6
0
2
6
TITLE XL.j COSTS AND FEES. 607
Serving subpce-na on each person, £0 10 Chap., 154.
Travelling fees same as in supreme court.
Appraiser's fees.
For appraising the estate of a deceased person
■ not to exceed, for each day they shall be actu-
ally employed, 0 10 0
magistbate's couet.
Justice's fees.
Each summons or capias, and copies thereof,
Affidavit for a capias and swearing.
Subpoena and tickets.
Trials and judgment in all causes,
Venire,
Eeturning papers on appeal to supreme court.
Each execution,
Affidavit of service of summons when required
and swearing,
Affidavit on appeal and swearing.
Appeal bond,
AH fees taken in any suit wherein the services
and presence of two justices are required as^
well as for the execution therein, except for
returning the papers on appeal, to be divided be-
tween the two justices acting therein as follows,
two-thirds to the justice first applied to, and the
remaining third to the other.
Constable's fees.
Serving summons and making return.
Serving capias and making return.
Bail bond,
Summoning a jury,
Summoning each additional juror where there
are not sufficient bye-standers,
Serving subpoena, each witness,
Serving execution,
Poundage on execu|ion on sale of goods.
Poundage on execiraon where the amount is paid
in money, for each pound, 0 0 3
All travelling to te computed from residence of
justice to residence of defendant, on summons,
capias or execution ; and frorh residence of
officer to residence of witness, on subpoena,
each mile when necessarily done, 0 0 3
In cases of execution levied on the bbdy, travel-
ling to be computed from residence of officer
to that of defendant and thence to place of con-
finement, each mile, 0 0 3
0
1
0
0
1
0
0
1
0
0
1
0
0
0
3
0
0
6
0
1
0
0
0
6
608 COSTS AND PEES. [PAKT III.
Chap. 154. Where subpoenas are served by a constable, travel
shall not be charged for serving each witness,
but only so much travel as may be actually and
necessarily performed by the constable in serv-
ing all the subpoenas.
Witness' fees.
Each day in actual attendance, ,£0 2 6
All travelling, to be computed from the residence
of the witness to the place of trial, per mile, 0 0 4
Note. — If the witness at the time of being ser-
ved with the subpoena demands his fees, he shall
not be bound to attend unless fees equal to one
day's attendance and his travel as above, be ten-
dered to him at the time, or at such other reason-
able time before the day of trial, as to admit of
his attendance with certainty.
Juror's fees.
Each juror on every trial, 0 10
Fees of Jailer or Icee^er of lock-uja house.
For ever^person committed to jail, 0 2 6
For every person discharged therefrom, except
insolvents, 0 2 •
BASTAEDY CASES.
Justice's fees.
The examination of the woman in writing, 0 10
Warrant to apprehend the reputed father before
birth of the child.
Bond to indemnify the township or district.
Warrant to bring the reputed father and mother
before the justices.
All commitments, each,
Bond to perform order of filiation, whether on ap-
peal or otherwise, 0 3 0
Warrant to apprehend the reputed father when
he shall not have appeared at the time of
making order of filiation, 0 2 0
Order of filiation, pei* folio, 0 0 6
ConstcAle's fees.
The same as in other cases before justices.
registrar's of DEEDS FEES.
For the attestation of a subscribing witness, 0 10
For entering and registering every deed or con-
veyance, every 100 words, 0 0 6
0
0
2
3
0
0
0
0
3
1
0
0
TITLE XL.] COSTS AND PEES. 609
For entering every docket of judgment or attach- 3'' Chap. 154.
ment with appraisement, j£0 2 6
For entering and filing a discharge of judgment
or attachment, « 0 10
For every certificate of registry written on any
deed or conveyance, (not to be charged in case
of judgment or attachment, or discharge there-
of, or of the release of a mortgage,) 0 10
For every ofiice copy from the books of.registry
delivered out, 100 words, 0 0 6
For every certificate upon such office copy where
such shall be required, . 0 10
For every search, whether for a single deed or
conveyance, or for a single title, made on one
and the same day, 0 10
FEES ON DISTRESS FOE RENT.
Warrant to bailiff,
Ajppraisement,
Notice and each necessary copy.
Appraisers, each,
On a sale, the same fees as to a sheriff.
No custody money to be allowed.
0
2
6
0
1
0
0
0
6
0
1
3
610
Chap. 155.
CRIMES AND MISDEMEANORS.
[PAET IV.
PART lY.
OF THE CRIMINAL LAW AND THE ADMINISTRATION OF
OF CRIMINAL JUSTICE.
Treason defin-
ed ; puniah-
ment.
Proceedings
and evidence to
be as in Eng-
land.
TITLE XLI.
OF OFFENCES AGAINST THE GOVERNMENT.
CHAPTER 155.
'OP TREASON.
1. Whoever shall compass or imagine the death of the
queen, or of her eldest son and heir, or shall levy war
against her, or adhere to her enemies giving to them aid or
comfort, and shall thereof be duly convicted, shall be
declared and adjudged to be a traitor, and shall suffer death
and forfeiture as in cases of high treason.
2. All acts of the imperial parliament, directing the
proceedings and evidence on trials for high treason in
England, shall have their full force and effect, and be ob-
served as the rule on trials for high treason in this pro-
vince.
Penalty for as-
aisting desert-
ers, or procu-
ing desertion.
Penalty for re-
ceivln'- regi-
mental neces-
saries, &c.
CHAPTER 156.
OP OFFENCES RELATING TO THE ARMY. AND NAVY.
1. Whosoever shall procure or solicit any soldier, sea-
man, or marine, to desert her majesty's service, or shall
assist any deserter from her majesty's service in deserting,
or concealing himself from such service, knowing him to
be a deserter, shall forfeit not less than twenty pounds, nor
more than fifty pounds ; and in default of payment shall be
committed to jail for a term not exceeding twelve months.
2. Whosoever shall buy, exchange, or detain, or other-
wise receive from any soldier or deserter, any arms, clothing,
or furniture, belonging to her majesty, or any such articles
belonging to any soldier or deserter, as are generally deem-
TITLE 2LI.] CRIMES AND MISDEMEANORS. 611
ed regimental necessaries, according to the custom of the Chap. 156.
army, or shall cause the colour of such clothing or articles
to be changed, or shall exchange, buy, or receive from
any soldier, any provisions without leave, in writing,
from the officer commanding the regiment, or detach-
ment to which such soldier shall belong, shall forfeit
not less than five pounds, nor more than ten pounds, and in
default of payment shall be committed to jail for a term
not exceeding nine months.
3. Whosoever shall buy, exchange, or detain, or other- oli^nf jfeoe™'
wise receive from any seaman or marine, upon any account sariesiromma-
whatever, or shall have m his possession any arms or cloth- men.
ing, or any such articles belonging to any seaman, marine,
or deserter, as are generally deemed necessaries, according
to the custom of the navy, shall forfeit not leas than fifteen
pounds nor more than thirty pounds, and in default of pay-
ment shall be committed to jail for a term not exceeding
nine months.
4. All forfeitures incurred under the preceding sections Recovery of
may be recovered, without any reference to the amount of ^ "'^
such forfeitures, by summary process before any two jus-
tices of the peace, except in the city of Halifax, where the in city of Haii-
same may be recovered before the mayor and one alderman,
or the recorder and one alderman ; and one half of such
forfeitures shall in each case be paid to the party on whose
information or through whose means the person accused
shall have been convicted.
5. An appeal from the decision of such justices or city Appeal,
authorities to the supreme court shall be allowed, on a bond
to respond the judgment on such appeal being entered into
by the appellant, with two sufficient securities in double
the amount of the forfeiture appealed against ; and in case
of such prosecutions or ^f such appeals the examination of ^ftn™'°^*about
any soldier, seaman, or marine, liable to be ordered from to leave pro-
the province, or of any witness, sick, infirm, or about to ''^''^'
leave the province, may be taken de iene esse before any
commissioner, in like manner as depositions in civil cases
are now taken.
6. Any person reasonably suspected of being a deserter ^^'P,'gp^™X"g
from her majesty's service, maybe apprehended and brouglit serters.
for examination before any justice of the peace ; and if it
shall appear that he is a deserter, he shall be confined in
jail until claimed by the military or naval authorities, or
proceeded against according to law.
7. No person shall break open any building to search J^l't^o^^?"''
for a deserter, unless he shall have obtained a warrant for ''^^'J^jf fj.jj°ggj,;
that purpose from a justice of the peace, such warrant to ters.° " ^^"'
be founded on affidavit that there is reason to believe that
the deserter is concealed in such building, and that adrnit-
tance has 'been demanded and refused; and any person gistiijswarraifti
39
612 CEIMES AND HISDEMEANOES. [PAET IT.
Chap. 157. resisting the execution of any such warrant shall forfeit
twenty pounds.
Justice of the 8. Any justice of the peace, upon inforraation on oath^
wai°alftsf'^™° may issue a warrant against persons charged with any of
the offences mentioned in this chapter as in the case oi
other criminal offences.
CHAPTEB 157.
OF OFFENCES AGAINST EELIGION.
Penalty for dig- 1. Whosocver shall maliciouslv disturb any congreffa-
assembled for tion 01 persous assembled tor rehgious worship, or shall
public worship. jjjQjggt any preacher or person officiating at such congrega-
tion, or any persons there assembled, upon conviction before
a justice of the peace shall forfeit not less than ten nor
more than- forty shillings, and in default of pajnnent shall
be committed to jail for a term not less than twenty-four
hours nor more than ten days.
Fine for dese- 2. A'uy pcTson who shall be convicted before a justice
Lord's day. of the peace of shooting, gambling, or sporting,, of frequent-
ing tippling houses, or of servile labor, works of necessity
and mercy excepted, on the Lord's day, shall for every
offence, forfeit not less than five nor more than fortj- shfl-
lings, and in default of payment shall be committed to
jail for a term not less than twelve hours nor more than
four days.
?ouraadother ^- ^^ ^^^ person shall, by riotaus or disorderly conduct
meetings or | or language, or by discharging firearms, or by fire-works,
tongioga ions. • ^^ ^^ cries Or other noises, wantonly or maliciously disturb
the peace and quiet of any assemblage of persons lawfully
convened for any religious, moral, social or benevolent
purpose, he shall, for every offence, forfeit a sum not less
than ten shillings nor more than forty shillings.
Loosing or in- H 4. If any person shall wilfully or wantonly untie,- re-
3 unng horses, i x i i- n ■ ■ t
&o., in vicinityj move, OF let looso, distigure, or injure any horse;' or remove
i'ngs""'' '"^^'" or meddle with, injure or destroy any vehicle; or cut, in-
jure, or destroy aiiy harness connected with swah horse or
vehicle, while the same are in the vicinity of any place
where such meeting may be in the act of being held, he
shall, for every offence, forfeit a sum not less than ten shil-'
lings nor more than forty shillings.
Arrestandpun- 5. Any person offending against the provisions of the
enders. third and fourth clauses of this chapter, may be arrested on
• view by any peace officer present at such meetiag, or by
any other person thereto verbally authorized by any justice
TITLE XLI.] CRIMES AND MISDEMEANORS. 'CIS
of the peace present thereat, and such offender shall there- Chap. 158
upon be committed to the county gaol until he shall find ' ~"
security, to the satisfaction of a justice, for his good
behaviour, and to pay any fine or penalty that may be lim-
posed upon him on any prosecution for such offence.
CHAPTER 158,
OP O^PFENCES AGAINST PUBLIC MORALS.
1. Any person who shall be convicted of drunkenn-ess Kne fot tonnw
either on view or upon oath before a justice of the peace,. «'"^<^=s-
shall, for every offence, forfeit not less than five nor more
than twenty shillings, and in default of payment shall be
■committed to jail for a term not less than twelve houra nor
more than four days.
2. Any person who shall be convicted of incest shall foniahment for
be guilty of a misdeameanor, and shall be imprisoned for a '™®^'"
term not, exceeding two years.
3. Any person who shall be convicted of keeping a com- Punishmenii for
mon gambling house, bawdy house or other disorderly bHne°lawdX'
house, room or place, shall be imprisoned for a term not or^a'isorderiy
■exceeding two years.
4. Any person who shall appear or act as master or who may be
mistress, or as having the care or management of any orSict hopse!
gambling house, bawdy house or other disorderly house,
shall be deemed to be the keeper thereof, and shall be pro-
secuted and punished as such, notwithstanding he or she
shall not in fact be the real owner or keeper thereof.
5. Any person who shall keep a common gambling Trial and pun:
house, or disorderly house, shop, room, or place, may be f|n™™! "^ °^
summarily tried and convicted before two justices of the
peace, or, if in the city of Halifax, before the police court ;
and, on conviction, shall be punished by a fine, not to
exceed five pounds, or by imprisonment in jail or bridewell,
with or without hard labour, for a term not exceeding one
month, or be both fined and imprisoned as the said justices
or police court may direct.
6. Any justice of the peace, or, if in the city of Halifax, Any justice, &o^
the mayor or any alderman, may, at any time of the night wtng* houses^'
or day, enter any house, shop, room, or place, suspected of *°-
being a gambling or bawdy house, shop, room, or place,
and it shall be their duty, upon reasonable suspicion, or on
evidence tendered them under oath, so to do.
7. Any person profanely cursing or swearing in the Fineforprofan
hearing of a justice of the peace, or who shall be convicted ^^®^""='
'614 CRIMES AND MISDEMEANOES. [PART lY,
Chap. 159. thereof, shall forfeit two shillings for the first offence, and
for a second offence double, and for a third offence treble
that sum, and in default of payment shall be committed to
jail for a term not less than two nor more than twelve
hours.
up"or%l?tioi-^ ^- Whoever shall undertake or set up, or shall by writing
pating in teto- or printing, publish the undertaking or setting up, of any
lottery or raffle for money or goods, with intent to have
such lottery or raffle drawn or thrown, or to induce per-
sons to purchase tickets or to give money or other valu-
ables for any such lottery or raffle, or shall play, throw or
•draw at such lottery or raffle, or shall purchase any lot or
ticket for any "such lottery, or shall take part in any such
raffle, shall forfeit a sum not exceeding ten pounds, and in
default of payment shall be committed to jail for a period
jiot exceeding thirty days.
CHAPTER 159,
OP OFPENCEg AGAINST THE LAW OF MARRIAGfE.
Punishm^t for 1. Whosoever being married, shall marry any other per-
igamy, o. ^^^^ during the life of the former husband or wife, whether
the second marriage shall have taken place in the province
or elsewhere, shall be guilty of felony, and shall be im-
prisoned for a term not exceeding two years, and fined at
the discretion of the court.
Cases excepted 2. Provided that nothing in the last preceding section
tionofprovf(ms shall extend to any second marriage contracted out of this
section. province by any other than a subject of her majesty, or to
any person marrying a second time whose husband or wife
shall have been continually absent from such person for the
space of seven years then last past, and shall not have been
known by such person to be living within that time, or shall
extend to any person who at the time of such second mar-
riage, shall have been divorced from the bond of the first
marriage, or to any person whose former marriage shall
have been declared void by the sentence of any court of
competent jurisdiction.
Penalty and 3. Whosoever not being thereto duly authorised shall
Siegaiiyoffiola- presume to solemnize or celebrate marriage, or shall offici-
ting at the so- ate or assist in solemnizing or celebrating any manage,
leninizatlon of , ,, p , „ r i" -j. j. j_i j' i
matrimony. shall, tor every such offence, torieit, to the use oi her ma-
jesty, a sum not exceeding one hundred pounds, nor less
than twenty-five pounds, and suffer twelve months impri-
sonment notwithstanding such marriage shall be invalid by
law.
TITLE XLL] CftlMES AND MISDEMEANORS. 615
Chap. 160.
CHAPTER 160. ,
OP OFFENCES AGAINST THE PUBLIC PEACE.
1. If any persons to the number of twelve or more, being punishment for
unlawfully assembled together to the disturbance of the persons reimin-
public peace, and being required by the sheriff, or a iustice mg riotously
^r ,1 r ±1 J. c -J. 1 1 assembled after
01 the peace ot the county, or or any city where such as- proclamation,
sembly shall be, by proclamation, to be made in the form
hereinafter directed, to disperse themselves, shall, to the
number of twelve or more, unlawfully, riotously andtumul-
tuously continue together by the space of one hour after
such proclamation made, such offenders shall be imprisoned
for any term not exceeding four years.
2. The order and form of such proclamation shall be as Form ofprooia
follows, that is to say, the person authorized to make such °'*''°°-
proclamation shall, among the rioters, or as near as he can
safely come, with a loud voice command silence, and make
proclamation in the words following or to the like effect:
— " Our sovereign lady the queen charges and commands
all persons being here assembled immediately to disperse
themselves, and peacefully depart to their habitations or to
their lawful business, or they will incur the penalty of the
law against unlawful assemblies. God save the queen.
3. Whosoever shall forcibly oppose or in any manner Punishment for
obstruct any person lawfully making or endeavoring to tymakilg pro-
make such proclamation, shall be imprisoned for a term not "lamation.
exceeding two years.
4. If any persons to the number of twelve or more, punishment for
being unlawfully assembled together, to whom proclamation gl^^biedWhere
should or ought to have been made if the same had not proclamation is
been obstructed, shall, knowing of such obstruction, con- °
tinue together and not disperse themselves within one hour
after such obstruction made, such offenders shall be im-
prisoned for a term not exceeding two years.
5. If three or more persons shall assemble, or having Punishment
assembled shall continue together, with intent without law- ^^^^Jj^rsons"
ful authority, to execute any common purpose with force unlawfully as-
,., •'' . -1, 1, ij. semble or oon-
and violence, or m so violent and tumultuous a manner, or tinue assem-
under such circumstances as are calculated to create terror ^^^'^- ■'
and alarm amongst her majesty's subjects, such persons
shall be imprisoned for a term not exceeding two years.
6. If any persons unlawfully assembled together to the Punishment for
disturbance of the public peace, shall damage or destroy "°ig^^iama-°*
any church, chapel, or meeting house for the exercise of ging ohurciies
y. . ' . f ' 1 -1 r- J.- or maehmery.
rehgious worship, or any building or erection, or any ma-
chinery whether fixed or moveable, prepared for or em-
ployed in any manufacture, such offenders shall be im-
prisoned for any term not exceeding two years.
61 G CMMES AND MISDEMEANOES. [PART IV.
Chap. 16L 7. If two or more persons shall fight together in a pub-
Punishment for Hc place, in such a manner and under such circumstances
public fighting, as are calculated to create terror and alarm amongst her
majesty's subjects, such persons shall be committed to jail
for a term not exceeding three months.
Punishment for 8. If two or more persons shall openly, carry dangerous
gerous''wei^''" ^^^ unusual Weapons in any public place, in sach a manner
p«ns. and under such circumstances as are calculated to create
terror and alarm amongst her majesty's subjects, such per-
sons shall be committed to jail for a term not exceeding
twelve months.
Kiotous or dis- 9. If any person shall, by discharging fire-arms, or by
?n streets'or ""^ riotous Or disorderly conduct in any street or highway,
highways. wantonly or maliciously disturb the peace and quiet of the
inmates of any dwelling house near such street or highway,
he shall, for every offence, forfeit a sum not less than ten
shillings nor more than forty shillings.
CHAPTER 161.
OF OFFENCES AGAINST THE ADMINISTRATION OP JUSTICE.
Punishment for 1. Whospevcr shall assault a peace or revenue officer in
pSTc" Jr°rlv^e- the cxecution of his duty, or any person acting in aid of
nue officer. such officcr, shall be committed to jail for a term not ex-
ceeding two years and fined at the discretion of the 'court.
Punishment for 2. Whosoevor shall assault any person with intent to re-
the apprehen- sist the lawful apprehension or detainer of the party so
son'so assauu- assaulting. Or of any other person for any offence for which
'°s- he may be liable to be apprehended or detained, shall be
committed to jail for a term not exceeding two years and
fined at the discretion of-the court.
Punishment lor 3. Whosoover shall maliciously shoot at any person, or
stebwnllc.to ^hall attempt to discharge any kind of loaded arms at any
resist the ap- persou, or shall maliciously stab, cut or wound any person,
T)r6il6IlS10Il 01 fli */ J J 1. I
party accused, with intent to resist the lawful apprehension or detainer of
a party accused of any offence for which he may be liable
to be apprehended, shall be imprisoned for a term not ex-
ceeding seven years.
Punishment for 4. Whosoever shall be convicted of perjury or suborna-
G"a'uon'^of"" tioii of psrjury, shall be imprisoned for a term not exceed-
peijury. Jug geven year.=.
Punishment for 5. Whosoever shall be convicted of any rescue or breach
hrS of pri- of prison, shall be imprisoned for a term not exceeding two
P ° ishment for y®^"-'^-
false or™ers,oer- 6. "Whosoever having the custody of anj'- public records,
pubuo^reoords"^ ^^^^ Certify an order as true, knowing the same to be false,
TITLE XLI.] CRIMES AND MISDEMEANORS. gl7
or make any false copy or certificate of any indictment or Chap. -lef.
conviction, or shall utter any such copy or certificate with '- -*
a false or forged signature thereto, or make any false cer-
tificate of registry, knowing the same to be false or forged,
shall be imprisoned for a term not exceeding three years.
7. Whosoever shall sfeal, or shall for any fradulent Punishment for
purpose take from its place of deposit for the time being, fudnL°°doou-""
or from any person having the lawful custody thereof, or "e™ witt°'the'
shall maliciously obliterate, injure or destroy any document administration
connected with the administration of justice shall be im- "^■'"'"™'
prisoned for a term not exceeding two years and fined at
the discretion of the court.
8.' Whosoever shall corruptly take any money or other Punishment ftr
reward under pretence of helping any person to any chat- ?n"'rSdi5'f,"r
tel, valuable security or moveable thing, which shall have tol'tofen'S'-*
been stolen, taken, detained or converted, shall, unless the tels.seeuritfer,'
•person so taking such money or reward shall cause the *°'
offender to be apprehended and brought to trial for the
same, be guilty of felony, and shall be imprisoned for a termi
Eot exceeding seven years.
CHAPTER 162.
OF OFFENCES AGAINST THE PERSON.
1. Every person convicted of murder, or of being an Punishment fcr
accessory before the fact to murder, shall suffer death as a being acoesso-
felon ; and every accessory after the fact to murder shall be "^^'
imprisoned for a term not exceeding fourteen years, and
fined at the discretion of the court.
2. Every offence which before the year one thousand bI'dtomedTnd*
eight hundred and forty-one would have amounted to petit pun'si'<=<i as
treason, shall be deemed to be murder only; and all per-
sons guilty in respect thereof, whether as, principals or ac-
cessories, shall be punished as principals and accessories to
murder.
3. Any person convicted of manslaughter shall be com- Punishment for
mitted to jail or imprisoned in the penitentary, as the court
shall direct, for a term not exceeding fourteen years, or
shall be fined at the discretion of the coitrt.
4. Provided that no puu;shment or forfeiture shall be Killing by mis-
incurred by any person who shall kill another by misfor- seifdefoncor&c
tune, or in his own defence, or in any other manner without not punishable .
felony.
5. Whosoever shall administer to, or cause to be taken p™ni^™' *'
by any person, any poison or other destructive thing, or
shall cause bodily harm to any person with intent to con>
618 CEIMES AND MISDEMEANOES. [PAET IT.
Chap. 162. mit murder, shall be guilty of felony, and shall be impri-
soned for a term not exceeding fourteen years.
P}">'*mont for 6. Whosoever shall by any means, other than the actu-
oommFt murder ally administering or causing to be taken poison or other
by'^po7sonin'g'" destructive thing, attempt to commit murder, shall, although
where no harm qq bodily harm be caused, be guilty of felony, and be im-
prisoned tor a term not exceedmg seven years.
Punishment for 7. Whosocver shall maliciously cut, stab, or wound, or
causing greiv- in t- i . i* n Tii
ous bodily shall mahciously maim, disngure or disable any person, or
^'"^' shall maliciously cause to any person any other grievous
bodily harm, shall be guilty of felony, and be imprisoned
for a term not exceeding fourteen years.
Punishment for 8. Whosoever shall maliciously attempt to cause griev-
cku'se'lrievous ous bodily harm to any person, shall, whether any bodily
bodily harm, jj^rm be caused to such person or not, be imprisoned for a
term not exceeding four years.
Punishment for 9. Whosoover shall unlawfully sot fire to, cast away, or
setting fire to or • • j i i,- i -ii vi • / j.
casting awaj; a lu any wisc dcstroy any ship or vessel either with intent
tenfto murdCT *P m^irder any person or whereby the life of any person
&o. ' shall be put in danger, shall be guilty of felony, and be im-
prisoned for the term of his natural life or for any term
not less than seven years.
Punisbment for 10. Whosoover shall maliciously impede any person
™P|^'Dses- being on board of, or having quitted any ship or vessel
wreck. which shall be in distress or wrecked, in his endeavor to
save his life, shall be guilty of felony, and shall be impri-
soned for a term not exceeding fourteen years.
Punishment for 11. Every woman being with child, who, with intent to
prMure'abor- procuro her owu miscarriage, shall maliciously administer
tiou. to herself any poison or other noxious thing, or use any in-
strument or other means whatever, and every person who,
with intent to procure the miscarriage of any woman, shall
maliciously administer to, or cause to be taken by her, any
poison or other noxious thing, or shall use any instrument
or other means whatsoever, shall be guilty of felony, and
shall be imprisoned for a term not exceeding fourteen
years.
Punisiiment for 12. Where a woman shall have been delivered of a child,
oonoeai°th'e^ '° any porsou who shall by toy secret disposition of the dead
birth of a child, ijody of sucli child, whether such child died before, at, or
after its birth, endeavor to conceal the birth of such child,
shall be imprisoned for a term not exceeding two years.
Punishment for 13. Whosoover shall Unlawfully and carnally know any
^^^^' woman against her will and by force, or whilst she is insen-
sible, shall be guilty of rape, and shall be imprisoned for the
tei-m of his natural life, or for any term not less than seven
years.
Punishment for 14. Whosoevor shall Unlawfully and carnally know and
nmie uud(,?ten abuso any girl under the age of ten years, shall be guilty
years. gf felony, and be imprisoned for the term of his natural
life.
TITLE XLI.] CRIMES AND MISDEMEANORS. glQ
15. Whosoever shall unlawfully and carnally know and Chap. 163.
abuse any girl. being above the age often years, and under Punishment for
the age of twelve years, shall be imprisoned for a term not mril'bftwfen
exceeding seven years. ten and twelve
~ •/ years.
16. Whosoever shall commit the crime of buggery, punishment for
either with mankind or with any animal, shall be guilty of'^^ss'^'^y-
felony, and be imprisoned for the term of his natural life, or
for any term not less than seven years.
17. Any the least degree of penetration, though there Camai know-
be no emission of seed, shall be sufHcient to constitute car- shaff c^nsti-
nal knowledge as regards the crimes mentioned in sections *"'®-
thirteen, fourteen fifteen and sixteen of this chapter.
18. Whosoever shall unlawfully take, or cause to be abd'o^f™'/"'^
taken, any unmarried girl under the age of sixteen years, girls under
eut of the possession or against the will of her father or '''^''^^"■
mother, or any other person having the lawful charge of
her, shall suifer such punishment by fine or imprisonment,
or both, as the court shall award.
19. Whosoever shall assault any person with intent to Punishment for
commit a felony, shall be imprisoned for a term not exceed- tlnt"to comiSt
ing two years, and fined at the discretion of the court. a felony.
20. Whosoever on trial for any felony whatever, and Punishment for
which shall include an assault, shall be convicted of assault, trfai"ibr°a
shall be committed to jail or imprisoned in the penitentiary f^i°°y-
as the court shall direct, for a term not exceeding five
years, and shall be fined at the discretion of the court.
CHAPTER 163.
OP OFFENCES AGAINST THE HABITATION.
1. Whosoever shall commit burglary shall be guilty of Punishment for
felony, and shall be imprisoned for a term not exceeding ""^^
fourteen years.
2. If any person shall enter the dwelling house of Breaking out^of
.-', ? ,, ..r-i !_•• K* house in the
another with intent to commit lelony, or bemg in sucn night, having
dwelling house shall commit a felony, and shall in either ^,"„\%f^^Ji'^^t
case break out of the house in the night time, such person g;i°7^^f^°r>*°
shall be deemed guilty of burglary.
3. Provided always, that no building, although within Same subject.
the same curtilage with the dwelling house, and occupied
therewith, shall be deemed to be part of such dwelling
house for the purpose of burglary, unless there shall be a
communication between such building and dwelling house,
either immediately or by means of a covered and enclosed
passage leading from one to the other.
620 CRIMES AND MISDEMEANORS. [PART IV.
Chap. 163. 4. Whosoever shall burglariously break and enter into
Punishment for ^'"^J dwelling house, or any inner part thereof, and shall as-
^^[sjariousiy sault with intent to murder any person being therein, or
house and as- shall cause any bodily harm, or do any personal violence to
ioSwHitn^ttnt such persou, shall be guilty of felony, and be imprisoned
to commit mur- fpj. ^jjg term of his natural life, or for any term not less
than seven years.
Punishment for 5. If any person shall in the night time break and enter
baiidin|s''by^'^ ^^7 building, being within the curtilage of a dwelling house
pMpose'of'hur- ^^^ occupied therewith, but not being part thereof, accor-
giary. ding to the provision in the third section of this chapter, or
any public office, public building, or other building, not
being a dwelling house for the purpose of burglary, with
intent to commit a felony, every such offender shall be
guilty of felony, and shall be imprisoned for a term not
exceeding seven years.
Night defined 6. So far as the same is essential to the offence of bur-
questions of gl^ry, the night shall be considered and is hereby declared
burglary. ^^ commence at nine o'clock of the evening of each day,
and to conclude at six o'clock in the morning of the next
succeeding day.
Penalty for un- 7_ Whosoever shall in the day time unlawfully break and
lawfully breali- i n- i i -it -.i ■ .i ,-i
ing and enter- enter any dwelling house, or buiJdmg withm the curtilage
house, offioe,'°° of a dwelling house, or any public office or other public
witiuntent'to building, or any building used for carrying on any business,
commit a feio- or any stable, barn, or store house, or any church, chapel,
"^' or meeting house for the exercise of any mode or form of
religious worship whatever, with intent to commit a felony,
shall be committed to jail or imprisoned in the penitentiary
as the court may direct, for a term not exceeding five j^ears,
and shall be fined at the discretion of the court.
Punishment g. Whosocver shall be indicted for any burglary, where
giary charged the breaking and entering shall be proved at the trial to
provenjirat the have been made in the day time, and no breaking out shall
breaking, &c., is g^ppear ta have been made in the night time, or where it
shall be left doubtful whether such breaking and entering
or breaking out, took place in the day or night time, shall
be acquitted of the felony, but may be convicted of the
offence specified in section seven of this chapter.
w™i?r™oom"' ^' It shall not be available, by way of defence, to a per-
mitted shaii not son charged with the offence specified in section seven of
a charge'^or '° this chapter, that the breaking and entering were such as to
withYnttnt'on- amount in law to burglary — provided that the offender shall
ly, and when not be afterwards prosccuted for burglary upon the same
aga^n Indicted facts ; but it shall be open to the court before whom the
for burglary. ^j.jg^j ^^j, g^^g]^ offencc shall take place, upon the application
of the officer conducting the prosecution, to allow an ac-
quittal for the misdemeanor, on the ground that such
offence, as proved, amounts to burglary ; and if an acquittal
takes place on such ground, and be so returned by the jury
in delivering their verdict, the same shall be recorded to-
TITLE SLI.] CRIMES AND MISDEMEANORS. 621
gether with their verdict, and such acquittal shall not then Chap. 164.
avail as a bar or defence upon any indictment for such bur-
glary.
10. Whosoever shall maliciously set fire to any dwelling ^"uolZ™'!"'
house, any person being therein, shall be guilty of felony, ring a dwelling
and be imprisoned for the term of his natural life, or for beiJfg therein!"
any term not less than ten years.
11. Whosoever shall maliciously,' by the explosion of danm|Sg°a'*"^
gunpowder or other explosive substance, destroy or damage ^Tth'"ow(ie"^^
the whole or any part of a dwelling house, any p.erson being person being'
therein, shall be guilty of felony, and shall be imprisoned
for a term not exceeding fourteen years.
CHAPTER 164.
OP fraudulent APPROPRIATIONS.
1. Whosoever shall rob any person shall be guilty of f>™i?iinient for
felony, and shall be imprisoned for a term not exceeding person,
fourteen years.
2. Whosoever shall assault any person with intent to Punishment for
TTiii .T, n n 1 iini- * 1 r an assault with
rob, shall be guilty oi leJony, and shall be imprisoned tor a intent to rob.
term not exceeding three j^ears.
3. Whosover shall rob any person, and at the time of. Punishment for
or immediately before, or immediately after such robbery, persoS^and
shall cause any grievous bodily harm to any person, shall be ouf&Sy^''"
guilty of felony, and be imprisoned for the term of his »iarm.
natural life, or .for any term not less than seven years.
4. Whosoever shall, being armed with any offensive punishment for
weapon or instrument, or shall, together with one or more oL'^of more^
person or persons, assault any person with intent to rob, llll°^^^^^^i^
and at the time of, or immediately before, or immediately rob and causing
after such assault, shall cause any bodily harm, or do any i""i'iyii^™-
violence to the person of another, shall be guilty of felony,
and shall be imprisoned for a term not exceeding fourteen
years.
5. Whosoever shall with menaces, or by force, demand J™^'J,X°*p^"/.
any property of any person, with intent to steal the same, perty witS me-
shall be guilty of felony, and shall be imprisoned for a term wtthintenu'o
not exceeding three years. ^'^^^^'
6. Whosoever shall plunder or steal any part of a ship Punishment for
or vessel wrecked or cast on shore, or any goods or articles plundering a
of any kind belonging to or on board of such ship or vessel, ^^"'^
shall be guilty of felony, and shall be imprisoned for a term
not exceeding fourteen years.
7. Whosoever shall accuse or threaten to accuse any Punishment for
person of the crime of buggery, committed either with threatening to
622 CRIMES AND MISDEMEANORS. [PART IV.
Chap. 164. mankind or with any animal, or any assault with intent to
accuse &c. a Commit the said abominable crime, or of any attempt to
person wifii an commit the Same, or of usina; any solicitation or threat to
abominable of- - ' - . . o ./ _
fence and " any person whereby to induce such person to commit or
thereby ex'--"' ' - - - - - - - - - - .
ing proper
*'^°™rop9r'"'' Permit the said abominable crime, with intent to extort,
and shall thereby extort, from such person any property,
shall be guilty of felony, and shall be imprisoned for a term
not exceeding fourteen j^ears.
Panishment for ^- Whosoever shall Commit any theft, where the means
a theft commit, by wliich possessiou is obtained of the thing stolen are
or threatening" Cither the accusiug or threatening to accuse, or the know-
soa'of'feionyr- '^^^1 sending, delivering or uttering of any letter or writing,
*"• accusing or threatening to accuse any person of treason or
felony, or of any assault with intent to commit, or of any
attempt to commit a rape, shall be guilty of felony, and shall
be imprisoned for a term not exceeding seven years.
_ . . , „ 9. Whosoever shall, by any of the means specified in
Punishment for . ■ n, p.i- i ' .-^ f, . , -.^ ,1 r,
attempting to scction eight 01 this chapter, attempt to commit a theit, or
by^sending^^ shall knowingly send, deliver or utter any letter or writing,
terrio?'""^^*' demanding of any person with menaces, and without any
reasonable or probable cause, any thing being the subject
of theft, shall be guilty of felony, and shall be imprisoned
for a term not exceeding seven years.
What shall be ^^- ^vory specics of parting with, placing or disposing
held sending of any such letter or writing as is mentioned in the two
tersf ^"'"^ ^ last preceding sections, to the end that the same may be
carried to or otherwise reach or come into the possession
of the person for whom it is intended, shall be deemed to
be a sending of such letter within the meaning of those
sections.
Punishment for H' Whosoever shall be convicted of larceny, shall be
larceny. imprisoned for a term not exceeding seven years.
Punishment for 1^. Whosoever shall Steal, or for any fraudulent purpose
destroying or destroy or couceal any testamentary instrument, shall suffer
wills, &o. such punishment by fine or imprisonment, or both, as the
court shall direct.
Punishment for 13. Whosoever shall steal any muniment of title shall
ments'of'titre." Suffer such punishmcnt by fine or imprisonment, or both, as
the court shall direct.
Punishment for l^- Whosocver shall steal any valuable security, shall
^ we^'°f ^iti""' ^® imprisoned for a term not exceeding seven years.
Punishment for ^^' Whosoever shall steal any cattle, or shall wilfully
stealing or kill- kill any cattlc with intent to steal the carcase or skin or any
Stent 'to^steail part of the cattlc so killed, shall be guilty of felonj'-, and
*"• shall be imprisoned for a term not exceeding seven years,
civu remedies 16. Nothing in the four last preceding sections contained
theiaft'fbur''^ shall in any wise affect any civil remedy of any parties.
sections. 17. Whosoever being a clerk or servant shall steal any-
a oierk'orsef"'^ tiling belonging to or in the possession or under the power
yant stealing pf j^jg master, shall be guilty of felony, and shall be im-
from his mas- . ' ° ■'-. •''
tor. prisoned lor a term not exceeding seven years.
*;
TITLE XLI.] CRIMES AND MISDEMEANORS, 623
18. Whosoever with intent to defraud any person of any Chap. 164.
thing which is the subject of theft, shall obtain such thing Punishment for
from any person by any false pretence, by which the owner ottaining aiti-
or other person authorized is induced to part with the en- pr1ftences.^°
tire property in such thing, shall be imprisoned for a term
not exceeding two years.
19. A false pretence within the meaning of the last What ehau be
preceding section is a false representation of some state of p?etenol'^^^°
things past or present.
20. Any fraud or ill practice in playing at any game or Fraud in games,
in bearing a part in the stakes, or on betting or wagering lo be h'^sid'f^"
on the event, shall be deemed to be a false pretence within false pretence.
the meaning of section eighteen of this chapter.
21. It shall not be available by way of defence to a per- when the of-
son charged with the offence specified in section eighteen a larceny, in
of this chapter that the property in question was so obtained ^hSibeTcie-
as to amount in law to larceny, provided that the oSender ^^^^^^ °'^^'^ ^^^^^
shall not be afterwards prosecuted for larceny upon the pretence.
same facts.
22. Whosoever being a clerk or servant, or person em- Punishment for
ployed for the purpose in the capacity of clerk or servant vant embez-
shall embezzle any thing being the property of his employer ter^fpi-op'erty.
received or taken into possession by him by virtue of such
employment, shall be deemed to have stolen the same from
his employer, and shall be guilty of felony, and be impri-
soned for a term not exceeding seven years.
23. Whosoever shall unlawfully receive or have in his Punishment for
. .• 1 • 1 1 11 1 1 .1 1 reoeivmg soods
possession any thmg which shall nave been stolen or ob- knowing them
tained by any false pretence, or which shall have been em- obtained by'*°
bezzled, knowing the same to have been so stolen, de- ff |^5^|*™°^^
tained or embezzled, shall, in case the stealing, obtaining or
embezzling of guch thing shall amount to felony, be impri-
soned for a term not exceeding seven years, and in all other
cases shall be imprisoned for a term not exceeding two
years.
24. Every person dealing in the purchase of old marine ^^|^],'^Ji,°^|a
stores of every description, including anchors, cables, sails, to by all deal
junk, iron, copper, brass, lead, and other marine stores, shall ^"■
conform to the following regulations :
I^irst, — He shall not by himself or his agent purchase any
old marine stores from any person under the age of sixteen
^years, under a penalty of twenty shillings for the first of-
'fence, and of thirty shillings for every subsequent offence.
Secondly, — He shall not purchase or receive into his
stores, premises, or places of deposit, any old marine stores,
except in the day time between sunrise and sunset, under
a penalty of twenty-five shillings for the first offence, and
of thirty-five shillings for every subsequent one.
25. If any old marine stores which had been stolen are punishment for
found secreted in the premises of any person purporting to StaeTores"
be a dealer in such stores, such person shall be guilty of a
624 CRIMES AND MISDEMEANORS. [PART IV.
Chap. 165. misdemeanor, and shall be punishable therefor in manner
now by law prescribed for such offence.
CHAPTER 165.
OF FORGERY AND OFFENCES. EELATIN© TO THE COIN.
Punishment for 1. Whosoever shall forge or counterfeit, or shall utter
seafa°l(?" ^" knowing the same to be forged' or counterfeit, the great seal
of the united kingdom, her majesty's privy seal, and privy
signet of her majesty, her majesty's royal signmanual, her
majesty's great seal of the province of Nova Scotia, or the
privy seal, or the seal at arms of the said province, or of
the lieutenant-governor thereof, shall be guilty of felony, and
shall be imprisoned for a term not exceeding five years.
Punishment for 2. Whosoevcr shall forge or alter, or shall offer, utter,
ins°a'writins^'^" or put off, knowing the same to be forged or altered, any
writing, with intent to defraud any person, shall be guilty
of felony, and be imprisoned for a term not exceeding seven
years.
Befinition of 3. The term " writing," as used in the last preceding
tins;" in last " section, shall be deemed to apply, whether the words or
section figures of the forged instrument, or any of them, are ex-
pressed at length or abridged, and whether they be so ex-
pressed by means of writing, printing or otherwise.
Definition of 4. The term person in section two of this chapter, shall
son"?u seo^?on be deemed to include her majesty, any body corporate, com-
*""■ pany or society of persons not incorporated, or any person
or number of persons who maybe intended to be defrauded,
whether such body corporate, company, society, person or
number of persons, shall reside or carry on business in this
province or elsewhere, in any place or country, whether
under the dominion of her majesty or not.
Punishment for 5. Whosoever with intent to defraud any person shall
meirSm™'' forge any muniment of title, or testamentary instrument,
shall be guilty of felony, and be imprisoned for a term not
exceeding seven years. ||
Punishinent for Q Whosoever shall be convicted of the false makinfi:,
counterfeiting ... i_ o -i^- r • n , , ■
torn, &a. impairmg or counterieitmg oi any coin, or oi uttering any
counterfeit coin, knowing the same to be counterfeit, shall
be imprisoned for a term not exceeding four years..
title xli.] ceimes and misdemeanors. g25
Chap. 166.
CHAPTER 166.
OP MALICIOUS INJURIES TO PEOPERTY.
1. Whosoever shall maliciously set fire to any building, Puniaiiment for
to whatsoever purpose the same may be- devoted, shall be ring a building,
guilty of felony, and be imprisoned for a term not exceeding'
fourteen years.
2. Whosoever shall maliciously set fire to, cast away, or punishment for
in anywise damage or destroy, any ship or vessel, whether of caafin'^away
the same be completed or in an unfinished' state, with intent ^ vessel."
thereby to prejudice any owner or part owner thereof, or
of any goods on board thereof, or any underwriter thereon,
or on the freight thereof, or upon any good's on board
thereof, shall be guilty of felony, and be imprisoned for a
term not exceeding fourteen years.
3. Whosoever shall exhibit any false light or signal, Punishment for
with intent to bring any ship or vessel into danger, or shall i^hts. "'° * ^°
maliciously do anything tending to the immediate loss or
destruction of an)' ship or vessel in distress, shall be guilty
of felony, and be imprisoned for a term not exceediiig seven
years.
4. Whosoever shall maliciously destroy any part of any J^g"'?^'"^ ™ an""
ship or vessel which shall be in distress orwi-ecked, or any part df a vessel
goods or articles of any kind belonging thereto,, shall be distress, o?'°
guilty of felony, and shall be imprisoned for a term not f„''|'i=heSo°^''
exceeding seven- years.
5. Whosoever shall maliciously set fire to any mine o^ f^ttj^^^^to"
coal or cannel coal, shall be guilty of felony and be impri- coal mines, &c.
soned for a term not exceeding seven years.
6-. Whosoever shall maliciously set fire to any stack of fg"j^/^^'g™\J'"'
grain, hay, straw, coals, charcoal, or pile of eordwood, shall stacks, coaia, or
be guilty of felony, and be imprisoned for a term not ''"'^''°°'^-
exceeding seven years.
Y. Whosoever shall maliciously place or throw into. Punishment for
upon, against or near any building or vessel,.any gunpowder powde? near
or other explosive substance, with intent to destroy or^'^^^'^^f'''^^-
damage the same, or any machinery or fixtures, or chattels
personal, shall, whether or not any explosion takes place,
and whether or not any damage is effected, be guilty of
felony, and be- imprisoned for a term not exceeding three
years.
8. Whosoever shall maliciously break or cut down any l^^^^^^ll^"^
sea bank or sea wall, or any dike or aboiteau, whereby any saw^mu^^dikea
lands shall be overflowed or damaged, or shall be in dapger taidge^s™' ""^
of being so, or shall maliciously cut down, break, or other-
wise destroy any mill dam, or shall maliciously pull down,
or in anywise damage or destroy any public bridge, shall
626 CRIMES AND MISDEMEANOES. [PART IV.
Chap. 166. be guilty of felony, and be imprisoned for a term not
exceeding seven years.
Punishment for 9. Whosoever shall maliciously destroy or damage any
in garciens, tree Or plant growmg m any garden, tield, or street, shall be
fields, or streets, committed to jail for a term not exceeding one year, or fined
in a sum not exceeding ten pounds.
punisiiment for 10. Whosoever shall unlawfully cut and take away any
?ying away™'" corn. Or grain of any kind whatsoever growing, or shall rob
gard'e'ns^&o.f ^^^7 Orchard, garden, or other plantation, of any fruit, vege-
breaiting down tables, or other things therein growing, or wilfully break
movmg veiit down, cut, Or remove any part of any hedge, fence or other
cies, &a. enclosure, or shall remove from the premises, or injure any
vehicle, sleigh or article belonging to any person, and on
his premises, shall be committed to jail for a term not
exceeding six months, or fined in a sum not exceeding five
pounds.
Punishment for 11. Whosocver shall maliciously destroy or damage any
gSs.^wood, glass or wood work, or any metal, or any utensil or fixture,
in*'anyTiibi'i^°' '^bether made of metal or other, material fixed in any
street or s(iu.'ire. square, street, or other place dedicated to public use or
ornament, shall be committed to jail for a term not exceeding
one year, or fined in a sum not exceeding ten pounds.
Punishment for 12. Whosocver sliall maliciously kill any cattle, or cause
maimin°oattie. ^"7 harm to any cattle, with intent to kill such cattle, or
render the same useless to the owner, either permanently,
or for a time, shall be committed to jail for a term not
exceeding one year, or fined in a sum not exceeding ten
pounds.
Punishment for 13. Whosocver shall wantonly and cruelly beat, abuse,
.CTuci™'beating °^ iH-treat any cattle, shall be punished by fine or imprison-
cattie. ment in jail, at the discretion of the court.
Punisiiment for 14. Whosocver shall maliciously set fire to any crop of
oorn?|raiu,or corn, grain, or hay, whether standing or cut down, whereso-
hay. ever the same may be growing, shall be imprisoned in the
penitentiary or committed to jail for a term not exceeding
three years.
Punishment for 15. Whosoover shall maliciously destroy or damage any
damaging arti- thing; kept for the purposes of art, science or literature, or
clesinamuse- t ■ , r ••:• J^ -,
jum, &c. as an object ot curiosity m any museum or other repository,
which museum or other repository is either at all times,
or from time to time, open for the admission of the public,
or of any considerable number of persons to view the same,
either lay permission of the proprietor thereof, or by
payment of money before entering the same, shall be
committed to jail for a term not exceeding six months, or
fined in a sum not exceeding one hundred pounds.
Punishment for 16. Whosoever shall maliciously cause any water to be
BlneT"^ conveyed into any mine, or into any subterraneous passage
communicating therewith, with intent thereby to destroy
or damage such mine, or to hinder or delay the working
thereof, or shall, with the like intent, maliciously pull down,
TITLE XU.] CRIMES AND MISDEMEANORS. 627
fill up or obstruct, any air waj^, water way, drain, pit, level Chap. 1G6.
or shaft of or belonging to any mine, shall be imprisoned
for a term not exceeding two years.
17. The provisfoH contained in the last preceding sec- ^".^^lioj'^s^^f
tion shall not extend to any damage committed under qualified.
•ground by any owner of an adjoining mine in working the
same, or by any person duly employed in such working.
18. Whosoever shall be convicted of any felo§y not or?s'™omi"^"
punishable with death, committed after a previous conviction oonvictioa of
for felony, shall on such subsequent conviction, be impri- " °°^'
soned for a term not exceeding fotar years.
19. Ik the case of any felony punishable under and by fhe^s^irand 'de-
virtue of this title, every principal in the second degree, gree and aooes-
and every accessory before the fact, shall be punishable in of"eionyt*how
the same manner a^ the principal in the first degree is P"""siied.
punishable ; and every accessory aiter the fact, to any
felony punishable by this title, except onl}'' a receiver of
stolen property, shall be imprisoned for a term not exceed-
ing two years.
20. Whosoever shall maliciously take away, destroy or Punishment for
■damage any buoj^s, beacons, or sea marks, placed by order buoys,^beaoon3,
of the governor, or other person having authority in any bar- *"■
bor, creek or bay, shall forfeit a sUm not exceeding one
hundred pounds, and on failure in payment, shall be com>
mitted to jail for a term not exceeding one j'ear.
21. Whosoever shall make fast any vessel or boat to any Penalty for ma-
-, , iiii_r/^"j_ J. Itingvessols la&t
such buoy, beacon or sea mark, shall torieit a sum not ex- to buoys, uea-
ceeding twenty pounds ; and on failure of payment, shall "°°^' *''•
be committed to jail for a term not exceeding six months.
22. Whosoever shall maliciously damage or destroy anj'^ Punishment for
1 1 !_ -ti jr 11" • 1 damaging real
real or personal property, either oi a public or private na- orpersonaipro-
ture, for which no remedy or punishment is hereinbefore I'peomo remedy
provided, shall be committed to jail for a term not exceed- provided,
ing two years, or fined in a sum not exceeding twenty
pounds.
23. Every person who shall abet or procure the com- ^l^H^^ff^^.
mission of any offence punishable under the preceding sec- ishaWe as prin-
tion, shall be indicted and punistied as a principal offender. '"''* ^'
24. Nothing in the twenty-second section shall extend ^eX'/Sfd
to any case where the party trespassing acted under a fair ed.
and reasonable supposition that he had a right to do the act
complained of, nor to any trespass not being wilful and
malicious.
25. All fines levied and received under the twenty-second Appropriation
section, shall, in case of the destruction of private property, twenty-second
or of injury thereto, be respectively paid to the party ''^°'''"'-
aggrieved, if known, except where such party shall have
been examined in proof of the offence, and in such case, or
where any public right or property is concerned, such fines
shall be paid into the county treasury.
40
C28
Chap. 167.
DEFIKITION OF TERMS IN TITLE XLI. [PART I¥.
CHAPTER 167.
Terms in this
title defined.
Officer.
Vi'oman.
Grievous bodily
liann.
Writing.
Testamentary.
T Moveable
t.ang.
Valuable seou-
I'it}-.
OF THE. DEFINITION OF TEEMS IN THIS TITLE.
1. The terms following, wheresoever occurring through-
out tills title, shall be understood as hereinafter defined,
unless it be otherwise specially provided, or there be some-
thing in the subject or context repugnant thereto.
2. The term "officer" shall be deemed to signify any
person invested with authority to execute and legally bound
to execute any public duties.
3. The term " woipan " shall be deemed to signify any
female.
3. The term " grievous bodily harm" shall be deemed to
signify any bodily harm from which danger to life may rea-
sonably be apprehended, or whereby any limb, member,
organ of sense or mental faculty is permanently disabled,
weakened or impaired — the mutilation of any part of the
body, whereby permanent disfigurement is caused, the frac-
ture or dislocation of any bone, or any bodily harm whereby
the person to whom it is caused is, during the space of
twenty days at the least, in bodily pain, diseased, or unable
to follow his ordinary calling or pursuits.
5. The term " writing " shall be deemed to include an}''
material on which any words or figures, at length or
abridged, are written, printed or otherwise expressed, or
any map or plan is described.
6. The tei-m " testamentary instrument" shall be deemed
to include any will, codicil, or other testamentary writing
or appointment, as well during the life of the testator
whose testamentary disposition it purports to be as after
his death, whether the same shall relate to real or personal
estate, or to both.
7. The term " moveable thing " as used in defining theft
and other offences concerning property, shall be deemed to
include money, valuable securities, munimenta of title, writ-
ten instruments of justice, testamentary instruments, and all
domestic animals ; also the bodies, and all parts of the
bodies of dead animals, and all other chattels personal.
8. The term " valuable security" shall be deemed to in-
clude any unsatisfied debenture and bond, bill, note, war-
rant, order, or other security for money, or for the payment
of money of this or any other country — any instrument for
the delivery or transfer of any chattel personal^any tally,
order or other security entitling or evidencing title to any
share or interest in any public stock or fund of any state
or country, or in any fund of any body corporate, company
or society, or to any deposit in any savings' bank, and any
TITLE XLI.] DEFINITION OF TERMS IN TITLE XLI. 629
other writing which secures or evidences title to or interest Chap. 1G7.
in any chattel personal, or any release, receipt, discl|firge or
other instrument evidencing payment of money, or the deli-
very of any chattel personal ; and every such valuable
security shall, where value is material, be deemed to be of
value equal to that of such unsatisfied money, chattel per-
sonal, share, interest or deposit for the securing or payment
of which, or delivery or transfer or sale of which, or for
the entitling to or evidencing title to which such valuable
security shall be applicable, or to that of- such money or
chattel personal, the payment or delivery of which shall be
evidenced by such valuable security.
9. The term "muniment of title" shall be deemed to Muniment of
include any writing as before defined in section five of this
chapter, which is or shall be evidence of the title, or of any
part of the title to any real estate, or to any interest there-
in; and any entry of the acknowledgement or registry of
any such writing, or of any judgment or recognizance of or
concerning any real estate, or any interest therein under
the provisions of any act of the assembly of this province.
10. The term "cattle" shall be deemed to include any Cattie.-
horse, mule, ass, sheep, pig or goat, whatsoever be the age
or sex of the animal ; and also every bull, cow, heifer, calf
or ox.
11. When the term " cattle " is used, or any particular Same subject
animal is mentioned by name, the term shall, unless it be
otherwise provided, be deemed to signifj'- living cattle, or a
living animal so named.
12. When the term "night time" is used, that time shall' Nigiit time and
be deemed to commence at nine o'clock in the evening of *^ ""*'
each day , and to conclude at six o'clock in the morning of
the next succeeding day ; and when the term "day time" is
used, that time shall be deemed to commence at six o'clock
in the morning and to conclude at nine o'clock in the even-
ing of each day.
] 3. The terms " imprisoned" and " imprisonment," where- imprisoned and
soever they occur in this title, shall be respectively deemed ™P"s™™e"t-
and taken to mean and include imprisonment in the provin-
cial peiiitentiary.
14. When the having any matter. or thing in the custody what shan be
or possession of any person is in any chapter of this title dy^pos'sessiou
expressed to be an ofi"ence, if any person shall have any "^nder this title
such matter or thing in his personal custody or posses-
sion, or shall knowingly or wilfully have any such matter
or thing in any dwelling house or other building, lodging,
apartment, field, or other place open or enclosed, whether
belonging to, or occupied by himself or not, and whether
such matter or thing shall be so had for his own use or be-
nefit, or for that of another, any such person shall be deemed
and taken to have such matter or thing in his custody or
possession within the meaning of such chapter, and where
630
ABMINISTEATITIOX OP CRIMINAL JUSTICE. [PART IV.
Chap. 168. there are two or more persons, any one or more shall, with
the knowledge and consent of the rest, have any such mat^'
ter or thing in his or their custody or possession, it shall
be deemed and taken to be in the custody or possession of
all such persons.
Terms to mean 15. All terms defined in any part of this title shall, when
ilsa^wher'e""' they occur in any other part thereof, be understood in their
t^ouiariri«-o-' *^6fined sense, unless it be otherwise provided, or the chap-
vided, ter, for the purposes of which any such term or terms is or
are defined, be particularly specified.
TITLE XLII.
OF THE ADMINISTRATION OF CRININAL JUSTICE.
CHAPTER 168,
OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE
SUPREME COURT.
Arrest how
made for of-
fences under
this title i pro-
ceedings there-
under.
Imparlance in'
cases of a mis-
demeanor to be
disallowed, ex-
cept on special
cause shown.
1. Any person found committing any offence against
property punishable by virtue of this title, may be immedi-
ately apprehended without a warrant, by a peace oflScer, or
by the owner of the propert}', or by his servant, or by any
person authorized by him, and forthwith taken before some
neighboring justice of the peace, to be dealt with according
to law ; and if any credible witness shall prove upon oath
before a justice of the peace, a reasonable cause to suspect
that any person has in his possession, or on his premises,
any property whatsoever, with respect to which any such
offence shall have been committed, the justice may grant a
warrant to search for such property as in the case of stolen
goods, and any person to whom any property shall be
offered to be sold, pawned or delivered, if he shall have
reasonable cause to suspect that any such offence has been
committed with respect to such property, is hereby autho-
rized, and, if in his power, is required to apprehend and
forthwith to carry before a justice of the peace, the party
offering the same, together with such property, to be dealt
with according to law.
2. When any person shall be prosecuted for a misde-
meanor either by information or indictment, and shall ap-
pear in person or by attorney in term time to answer there-
to, such defendant on being charged therewith shall not be
permitted to imparl to a following term, but shall plead or
TITLE SLII.J ADMINISTRATION' OF CRIMINAL JUSTICE. 631
demur thereto ; and the trial, where a trial shall be required, Chap. 168.
may thereupon proceed in the same term in the time and in
manner in such behalf respectively as may be directed or
required by the order, rules or practice of the court ; and
in default of any such plea or demurrer, judgment for want
of a plea may be entered against the defendant in default;
but the court on sufficient cause shewn, may allow further
time for such defendant to plead or demur to such indict-
ment or information, or to go to trial thereon.
3. If any person being arraigned upon an indictment "Not guilty
for treason or felony shall plead thereto a plea of " not Foror'fetoyr
guilty," he shall, by such plea, without any further form, be "s effect.
deemed to have put himself upon the country for trial, and
the court shall in the usual manner order a jury for the
trial of such person accordingly.
4. If any person being arraigned upon, or charged with Proceedings
■ J- i J. -J? _i- p . p 1 * -1 where a party
any mdictment or information for treason, felony or misde- arraigned shau
meaner, shall stand mute of malice, or will not answer di- ^''^'"^ ""^'''■
rectly to the indictment or information, in every such case
the court, if it shall so think fit, may order the proper
officer to enter the plea of "not guilty" on behalf of such
person, and the plea so entered shall have the same force
and effect as if such person had actually pleaded the same.
5. If any person indicted for treason or felonv sha'll challenges in
117 J.-1 !_ ic ,1 oases of treason
cualfenge peremptorily a greater number of men returned und felony, to
to be of the jury than thirty-five in cases of treason and k.w'^edrand"'^"
twenty in cases of felony, every peremptory challenge be- '^''®° ™'i-
yond the number so allowed in the said cases respectively
shall be entirely void, and the trial of such person shall
proceed as if no such challenge had been made.
6. No plea setting forth any attainder shall be pleaded Plea of attain-
in bar of any indictment, unless the attainder be for the aUowed!'' "°'
same offence as that charged in the indictment.
7. No indictment or information shall be abated by indictment, &o.
reason of any dilatory plea of misnomer, or want of addi- re'k'son of'^pie'as
tion, or of wrong addition of the party offering such plea, °^ant™f^™'.
if the court shall be satisfied, by affidavit or otherwise, of tion, &e., pro-
the truth of such plea ; but in such case the court shall suoh'oasV"
forthwith cause the indictment or information to be amended,
according to the truth, and shall call upon such party to
plead thereto, and shall proceed as if no dilatory plea had
been pleaded.
8. Where any person shall be indicted for treason or o^i^*^°^^™.''
felony, the jury impannelled to try such person shall not be ftiony t^e Jury
charged to inquire concerning his lands, tenements or goods, charged to in-
nor whether he fled for such treason or felony. ?ngTandT&c'
9. All persons tried for felonies shall be admitted, after counsel to he
the close of the case for the prosecution, to make full ma^n'triaisXr
answer and defence thereto by counsel. felony.
10. All persons who shall be held to bail, or committed Prisoners, &b.,
to prison, for any offence, shall be entitled to require and tooopfesof ^
632 ADMINISTRATION OF CRIMINAL JUSTICE. [PART IV.
Chap. 168. have on demand from the persons who shall have the law-
examination of ^^^ custodj thereof, and who are hereby required to deliver
witnesses. the Same, copies of the examination of the witnesses respec-
tively, iipon whose depositions they have been so held to
bail or committed to prison, on payment of a reasonable
sum for the same, not exceeding three halfpence for each
folio ; but if such demand shall not be. made before the day
appointed for the commencement of the term or sitting of
the court, at which the trial of the person on whose behalf
such demand shall be made is to take place, such person
shall not be entitled to have any copy of such examination
of witnesses, unless the court shall be of opinion that such
copy may be made and delivered without delay or inconve-
nience to such trial; and it shall be competent for the court,
if it shall think fit, to postpone such trial on account of such
copy of the examination of witnesses not having been pre-
viousl}' had by the party charged.
teili°°ntrued'to ^^' ^'' persons under trial shall be entitled, at the time
inspect aU de- of their trial, to inspect without fee or reward, all depositions,
positions, &c. ^j, (jQpjgg tliereof, which have been taken against them, and
returned in the court before which such trial shall be had.
Benefit of oier- 12. Benefit of clcrgy, with respect of persons convicted
oounts°may be of fclouy, shall be abolished ; but nothing herein contained
iofore."^^"' ^'hall prevent the joinder in any indictment of any counts
which might have been joined before the passing of this
chapter.
Accessories be- 13. If any person shall counsel, procure or command
who shau^be any other person to commit any felony, the person so coun-
whenaniwhrre Selling, procuring or commanding, shall be deemed guilty
tiieymaybe of felony, and may be indicted and convicted either as an
accessory before the fact to the principal felony, together
with the principal felon, or after the conviction of the pi'in-
cipal felon, or may be indicted and convicted of a substan-
tive felony, whether the principal felon shall or shall not have
been previovsly convicted, or shall or shall not be amenable
to justice, and may be punished in the same manner as any
accessory before the fact to the same felony, if convicted as
an accessory, may be punished ; and the offence of the per-
son so counselling, procuring or commanding, howsoever
indicted, may be inquired of, tried, determined and punished
in the same manner as if such offence had been committed
at the same place as the principal felony ; and in case the
principal felony shall have been committed within the body
of any county, and the offence of counselling, procuring or
commanding shall have been committed within the body of
any other county, the last mentioned ofi'ence may be in-
quired of, tried and punished in either of such counties ;
but no person who shall be once duly tried for any such
•offence, whether as an accessory before the fact or as for a
s-ubstantive felony, shall be liable to le again indicted or
fried for the same offence.
.TITLE XLII.] ADmMISTRATION OF CRIMINAL JUSTICE. 633
14. If any person shall become an accessory after the Chap. 168.
fact to any felony, the offence of snch person maj^ be in- Accessories a r-
quired of, tried, determined and punished, in the same man- '""■ *'^? f<^«i-,
ner as if the act, by reason whereof such person shall have where triei.
become an accessory, had been committed at the same place
as the principal felony ; and in case the principal felony
shall have been committed within the body of any county,
and the act by reason whereof any person shall have be-
come accessor}', shall have been committed within the body
of any other county, the offence of such accessory may be
inquired of, tried, determined and punished, in either of
such counties ; but no person who shall be once duly tried
for any offence of being an accessory, shall be again indicted
or tried for the same offence.
15. If any principal offender shall be in anywise con- Accessories
victed of any felony, it shall be lawful to proceed against eSnrt punish-'
any accessoiy, either before or after the fact, in the same pHndpl'ifhave
manner as if such principal felon had been attainted thereof °°.* ^™" ''*■
notwithstanding such principal felon shall die or be pai'-
doned, or otherwise delivered before the attainder; and
every such accessoiy shall suffer the same punishment, if
he be in anywise convicted, as he should have suffered if
the principal had been attainted.
16. If any person shall become an accessory before the Accessories be-
^ , , P T *■ 1 1 * 1- J. 1 J. • n fore the fact in
fact to any felon)', such person may be indicted, tried, con- cases of felony
victed and punished in all respects as if he were a principal "nTpunfshlidas
felon. a principal.
17. In any indictment for any felony not punishable with charge how set
death, committed after a prievous conviction for a felony, "ndictoenrfo"
it shall be sufRcient to state that the offender was at a cer- pu^g'^'abfe'
tain time and place convicted of felony, without otherwise with death,
describing the previous felony.
18. In every case of bigamy the offence may be ^^ealt Bigamy-^^n _^
with, inquired of, tried and punished in the county where may be tried,
the offender shall be apprehended or be in custody as if the ment therefor '
offence had been actually committed in that county. inflicted.
19. In every indictment for feloniously stealing pro- indictment for
perty, it shall be lav»rful to add a count for feloniously steaUng^o? re-
receiving the same property knowing it to have been sto- Jy^howS^n-
len ; and in any indictment for feloniously receiving pro- g^^^^^f^f.^
perty knowing it to have been stolen, it shall be lawful to add
a count for feloniously stealing the same property ; and where
any such indictment shall have been preferred and found
against any person, the prosecutor shall not be put to his
election, but it shall be lawful for the jury who shall try
the same to find a verdict of guilty either of stealing the
property or receiving it knowing it to have been stolen;
and if such indictment shall have been preferred and found
against two or more persons, it shall be lawful for the jury
who shall try the same to find all or any of the said persons
guilty either of stealing the property or of receiving it
G34 ADMINISTRATION OF CEIHINAL JUSTICE. [PAET IT.
Lhap. Ibo. knowing it to have been stolen, or to find one or more of
the said persons guiltj' of stealing the property, and th&
other or others ot them guilty of receiving it knowing it
to have been stolen.
Peioniesand 20. When any feloDy or misdemeanor shall be commit-
commStednear ^^d on the boundary or boundaries of two ©r more coun-
of counties''or''* *^®^' °^ within the distance of one mile from any snch
tegaB in one boundary. or boundaries, or in anyplace or places witli
fnan other ooun- respect to which it may be uncertain within which of twO'
andplmfshed?'^ °'^' ™oi'6 counties such place or places may be situate, or
when an}^ felony or misdemeanor shall be begun in one
county and completed in another,, every such felony or mis-
demeanor may be dealt with, inquired of, tried and punished
in any of the said counties, in the same manner as if it had
been actually and wholly committed therein.
Felonies, &o., 21. When any felony Or misdemeanor shall be commit-
wtien commit- , ^ ■' *' . , r. ,
ted in a coapii, ted On any person, or on or m respect or an)' property, or
fhroughmore i° ^r upou any coach, waggon, cart, sleigh, sled or other
than one ooun- carriage whatever employed in any ioarney,. or shall be
ty or upon a -.. -, r ./ .' j j r
highway, &c., Committed on any person, or on or in respect oi any pro-
ties, wHeremay psrty on board any vessel or boat whatsoever emploj'ed on
punished^'"' any voyago or journey upon any navigable river, canal, or
inland navigation, or on or in respect of any property in,,
upon, or forming part of anj' raft whatever pasaing in or
upon any such navigable river, canal or inland navigation,,
such felony or misdemeanor may be dealt with, inquired of,,
tried, determined and punished in any county through any
part whereof such coach, waggon, cart, sleigh, sled, carriage,
vessel, boat or raft shall have passed in the course of the
journey, voyage or passage during which such felony or mis-
demeanor shall have been committed, in the same manner as
if it had been actually committed in such county;. and in
all cases where the side, centre, or other part of any high-
way, or the side, bank, centre or other part of any such
river, canal or navigation shall constitute the boundary of
any two counties, such felony or misdemeanor may be dealt
with, inquired of, tried and punished in either of the said
counties through, or adjoining to, or by tlie boundary of any
part whereof such coach, waggon, cart, sleigh, sled, carriage,
vessel, boat or raft shall have passed in the course of the
journey, voyage or passage during which sBch felony or
misdemeanor shall have been committed, in the same man-
ner as if it had been actually committed in such county.
Forgery, alter- 22. If any person shall commit any offence of forging, or
in^ deeds, itc. altering any deed, writing, instrument, or other matter what-
whero tried and ° ■' j, -. ' . P. ■ -,. ' . „ ... j.,
punished. soever, or ot ollermg, uttering, disposing oi, or putting on,
any deed, writing, instrument, or other matter whatsoever,
knowing the same to be forged or altered, with intent to
defraud any person whomsoever, the offence of every such
offender may be dealt with, indicted, tried and punished,'
and laid and charged to have been committed in any county
TITLE XLII.] ADMINISTRATION OF CRIMINAL JUSTICE. 635
or place in which he shall be apprehended or in custody, as Chap. 1G8.
if his oiFence had been actually committed in that county or
place ; and every principal in the second degree, and every
accessory, may be dealt with, indicted, triedand punished, and
his offence laid and charged to have been committed in any
county or place in which the principal offender may be tried.
23. In all informations or indictments for forgery, or in Forg;edorn,iter-
any manner altering any deed, writing, instrument, or other j;*^^ "descd ™fP'
matter whatever, it shall not be necessary to set forth any in indictments,
copy or facsimile thereof, but it shall be sufficient to describe
the same in such manner as would sustain an indictment for
stealing the same.
24. In any indictment or information for any felony or Ownership of
misdemeanor, whenever it shall be necessary to state the S'ow iSfu J
ownership of any property whatsoever, whether real or per-
sonal, which shall belong to or be in the possession of more
than one person, whether such persons be partners in trade,
joint tenants, parceners, or tenants in common, it shall be
sufficient to name one of such persons, and to state such
property to belong to the person so named, and another or
others, as the case may be ; and whenever in any indict-
ment or information for any felony or misdemeanor, it shall ^
be necessary to mention, for any purjaose whatsoever, any
partners, joint tenants, parceners, or tenants in common, it
sliall be sufficient to describe them in the manner aforesaid,
and this provision shall be construed to extend to all joint
stock companies and trustees.
25. In any indictment or information for any felony or ownership of
misdemeanor c6mmitted in, upon, or with respect to any ^^ ho'y'dosod-
bridge, court house, jail, house of correction, infirmary, asy- bVd.
lum, or other building erected or maintained, in whole or
in part, at the public expense, in any county, or on or with
respect to any goods or chattels wlaatsoever, provided for
at the pubHc expense in any county, to be used for building,
altering, or repairing any such bridge, court-house, or other
building, or to be used in or with any such bridge, court-
house, or oth§r building, it shall be sufficient to state any
such property, real or personal, to belong. to the inhabi-
tants of such county, and it shall not be necessary to specify
the names of any such inhabitants.
26. In any indictment or information for any felony or ownership of
misdemeanor committed on or with respect to any build- ^oSion of
ings, or any goods or chattels, or any other property, real jj^^^jf^^^'^?^^^'
or personal,.in the occupation, or under the superintendance,
charge or management of any public officer or commissioner,
vr any county or township officer or commissioner, it shall
be sufficient to state any such property to belong to the
officer or commissioner in whose occupation, or under
whose superintendance, charge or management such pro-
perty shall be, and it shall not be necessary to specify the
names of any such officers or commissioners.
G36
ADMINISTRATION OP CRIMINAL JUSTICE. PART IV.
Chap. 168. 27. In prosecutions for embezzlement it shall be lawful
Emhezzioments to charge in the indictment, and proceed against the offender
iaia,"^hIi-god, ^01" ^^J number of distinct acts of embezzlement, not ex-
auciprovde. ceeding three, which may have been committed by him
against the same master, within the space of six months
from the first to the last of such acts ; and in every
such indictment, except where the offence shall relate
to any chattel, it shall be sufficient to allege the em-
bezzlement to be of money, without specifying any
particular coin or valuable security ; and such alle-
gation so far as regards the description of the pro-
perty, shall be sustained, if the offender shall be proved
to have embezzled any amount, although the particular
species of coin or valuable security of which such amount
was composed, shall not be proved, or if he shall be
proved to have embezzled any piece of coin or valu-
able securit.y, or any portion of the value thereof,
although such piece of coin or valuable security may
have been delivered to him in order that some part
of the value thereof should be returned to the party deli-
vering the same, and such part shall have been returned
accordingly.
SyiuiMuted'" ^^- Where an_y person has been feloniously stricken,
within the pro- poisoued, or otherwise hurt upon the sea, or at any place
iiiiity shall die out of this proviucc, shall die of such stroke, poisoning or
the'pvov'inoo"^ hurt, in this province, or being feloniously stricken, poisoned
whmTtriedand °^^ Otherwise hurt, in any place in this province, shall die of
punished. such stroke, poisoning or hurt, upon the sea, or at any place
out of this province, every offence committed in respect of
any sirch case, whether the same shall amount to the offence
of murder or of manslaughter, or of being accessor}' before
the fact to murder, or after the fact to murder or manslaugh-
ter, may be dealt with, inquired of, tried, and punished, in
the county or place in this province in which such death,
stroke, poisoning or hurt, shall happen, in the same manner
in all respects as if such offence had been wholly committed
in that county or place.
Indictment for 29. If, UDOu the trial of any Dorson UDon an indictment
person is gaiity for robbery, it shall appear to the jury upon the evidence
(jf assault. ^jj^^ ^j^g defendant did not commit the crime of robbery but
that he did commit an assault with intent to rob, the defen-
dant shall not, by reason thereof, be entitled to be
acquitted, but the jury shall be at liberty to return
as their verdict, that the defendant is guilty of an
assault with intent to rob ; and thereupon such defendant
shall be liable to be punished in the same manner as if
he had been convicted upon an indictment, for assaulting,
with intent to rob ; and no person so tried shall be liable
to be afterwards prosecuted for the robbery, or for an
assault with intent to commit the robbery for which lie was
so tried.
TITLE XLII.] ADMINISTRATION OP CRIMINAL JUSTICE. 637
30. If upon the trial of any person for any misde- Chap. 168.
meaner it shall appear that the facts given in evidence persons trTed^
amount in law to a felony, such person shall not, by oTand^roumr"'
reason thereof, be entitled to be acquitted of such mis- guUiyoffeUmy
T -i 1 • T c 1 • 1 uotto beacQuit-
demeanor, and no person tried tor such misdemeanor, ted.
shall be liable to be afterwards prosecuted for felony on
the same facts unless the court before which such trial
may be had, shall think fit in its discretion, to discharge
the jury from giving any verdict upon such trial, and
to direct such person to be indicted for felony ; in
which case such person may be dealt with in all respects
as if he had not been put upon his trial for such misde-
meanor.
31. If upon the trial of any person indicted for the em- Peraons on trial
bezzlement as a clerk, servant or person employed for the incnul'oTto^be
purpose or in the capacity of a clerk or servant, it shall be tufJ^'^^fSif
proved that he took the propertj^ in question in any such cony.
manner as to amount in law to larceny, he shall not, by
reason thereof, be entitled to be acquitted, but the jury
shall be at liberty to return as their verdict that such per-
son is not guilty of embezzlement, but is guilty of simple
larcenj', or larceny as a clerk^ servant or person employed
for the purpose, or in the capacity of a clerk or servant, as
the case may be ; and thereupon such person shall be liable
to be punished in the same manner as if he had been con-
victed upon an indictment for such larceny; and if, upon
the trial of any person indicted for larceny, it shall be
proved that he took the property in question in any such
manner as to amount in law to embezzlement, he shall not,
by reason thereof, be entitled to be acquitted, but the jury
shall be at liberty to return as their verdict that such per-
son is not guilty of larceny but is guilty of embezzlement,
and thereupon such person shall be liable to be punished in
the same manner as if he had been convicted upon an in-
dictment for such embezzlement; and no person so tried for
embezzlement or larceny, shall be liable to be afterwards
prosecuted for larceny or embezzlement upon the same
facts.
32. If upon the trial of two or more persons indie- indictment for
ted for jointly receiving any property, it shall be g^d™"^
proved that one or more of such persons separately re-^
ceived any part of such property, it shall be lawful
for the jury to convict upon such indictment such of
the persons as shall be proved to have received any
part of such property.
33. Any number of accessories or receivers may be ^^^l°',"™*es-
charged with substantive felonies in the same indictment aorios.
notwithstanding the principal felon shall not be included
in such indictment, or shall not be in custody or amenable
to justice.
633 ADMINISTEATION OF CRIMINAL JUSTICE. PART IT.
Chap. 168. 34. It shall be lawful to insert several counts in the
Several counts ^^™^ indictment against the same person for any number
of distinot »ota of distinct acts of stealing not exceeding three, which may
hidictmeat!""'" have been committed by him against the same person
within the space of six months from the first to the last of
such acts, and to proceed thereon for all or any of them.
Prooeeciin?8 on 35. If upon the trial of any indictment for larceny, it
pe'l'ty'stoien ™t ^^^^'^ appear that the property alleged in such indictment to
Si fforent times, have been stolen at one time, was taken at different tiiu-es,
the prosecutor shall not, by reason thereof, be required to
elect upon which taking he will proceed, unless it shall
appear that there were more than three takings, or that
more than six months elapsed between the first and the last
of such takings ; and in either of such last mentioned
cases, the prosecutor shall be required to elect to proceed
for such number of takings, not exceeding three, as appear
to have taken place within the period of six months from
the first to the last of such takings.
Description of 3g_ jjj eyerv indictment, in which it shall be necessary to
money, bank ^ ./ ' ''
notes, &o, in make any averment as to any money, or any treasuiy or
men s. jj^j-^j^ note, it shall be sufficient to describe such money or
note simply as money, without specifying any particular
coin or note ; and such allegation, so far as regards the
description of the property, shall be sustained by proof of
any amount of coin or of any treasury or bank note,
although the particular species of coin of which such
amount was composed, or the particular nature of the note
shall not be proved ; and in cases of embezzlement, and ob-
taining money or treasury or bank notes by false pretences,
by proof that the offender embezzled or obtained any piece
of coin or any note, or any portion of the value thereof,
although such piece of coin or note may have been delivered
to him in order that some part of the value thereof should be
returned to the party delivering the same or to any other
person, and such part shall have been returned accordingly.
Punisiimont for 37. When any person shall be convicted of an assault
an assault with -.i • j. i j. -i. r i i.1, x i. j.i •
intent to com- With intent to commit a lelony, the court may sentence the
mitaieiony. gfi^ender to be committed to jail or imprisoned in the peni-
tentiary for a term not exceeding two years, as it shall
direct ; and may also, if it shall so think fit, require him to
find sureties for keeping the peace.
No allegation 38. In an indictment for any oiTence within the meaning
oessaryinpro-"' of the twelfth sectiou of chapter one hundred and sixty-
fenoerunder"^' four, it shall not be ueccssary to allege that the article in
soc. 12, chap, respect of which the offence is committed is the property
of any person, or that the same is of any value.
What aUega- 39. In an indictment for any offence within the meaning
for°pro3ecution of the thirteenth section of chapter one hundred and sixty-
der°eoHon 13,°" four, it shall be sufficient to allege the thing stolen to be
ohap. 164. evidence of the title or part of the title of the persons or
TITLE XLII.] ADMINISTRATION OE CRIMINAL JUSTICE. tj39
some one of the persons having a present interest, whether Chap. 168.
legal or equitable, in the real estate to which the same
relates, and to mention such real estate or some part thereof;
and it shall not be necessary to allege the thing stolen to
be of any value.
40. If any person shall receive any chattel, money, valua- aeoeirers of
ble security or other property, the stealing, taking, obtain- aJc.^.h'owTndiet-
ing or converting whereof is an indictable misdemeanor, and°punished'.
such person knowing the same to have been unlawfully
stolen, taken, obtained or converted, every such receiver
shall be guilty of a misdemeanor, and may bp indicted and
convicted thereof, whether the person guilty of the princi-
pal misdemeanor shall or shall not have been previously
convicted thereof, or shall or shall not be amenable to justice ;
and every such receiver shall be punishedin the manner pro-
vided for the person guilty of the principal misdemeanor.
41. If any person shall receive anj^ chattel, money, valiiar ReoeiTers of
ble security or other property, knowing the same to have &a™hfra may
been feloniously or unlawfully stolen, taken, obtained or oonv^cted'^'^and
converted, every such person, whether charged as an acces- punished,
sory after the fact to the felony or with a substantive
felony, or with a misdemeanor only, may be dealt with, in-
dicted, tried and punished in any county or place in which
he shall have or shall have had any such property in his
possession, or in any county or place in which the party
guilty of the principal felony or misdemeanor may by law
be tried, in the same manner as such receiver may be dealt
with, indicted, tried and punished in the county or place
where he actually received such property.
42. If any person guilty of any felony or misdemeanor, stolen goods,
in stealing, taking, obtaining or converting, or in knowingly ^{Jomtolje re-
receiving any chattel, money, valuable security or other pro- etored.
pert}^, shall be indicted for any such offence, by or on the
behalf of the owner of the property, or his executor or
administrator, and convicted thereof, in such case the pro-
perty shall be restored to the owner, or his representative;
and the court before whom any such person shall be con-
victed, shall have power to order the restitution thereof,
and the court may in like manner, if it shall see fit, order
the restitution of property in cases where the party so in-
dicted as aforesaid may not be convicted, if the jury shall
declare that the property is in the prosecutor, and had been
stolen, or taken or obtained frbm him by felony or misde-
meanor aforesaid, — provided always, that if it shall appear,
before any award or order made, that any valuable security
shall have been bona fide paid or discharged by some person,
or body corporate, hable to the payment thereof, or being a
negotiable instrument, shall have been bona fide taken, or
received by transfer or deliver^', by some person or body
corporate, for a just and valuable consideration, without
640 ADMINISTRATION OP CEIMINAL JUSTICE. [PART IV.
Chap. 168. any notice, or without any reasonable cause to susjiectthat
the same had by any felony or misdemeanor been stolen,
taken, obtained or converted as aforesaid, in such case the
court shall not award or order the restitution of such
security.
Certificate of 43. In any indictment for a felony, not punishable with
previous'feiony <Jeath, committed after a, previous conviction of felony, a
MOTedlpui^sh- certificate containing the substance and effect, omitting the
meDt for false formal part of the indictment and conviction for the pre-
vious felony, purporting to be signed by the clerk of the
court or other officer having the custody of the records of
the court where the offender was first convicted, or by the
deputy of such clerk or officer, shall upon proof of the iden-
tity of the person of the offender, be sufScient evidence of
the first conviction, without proof of the signature or offi-
cial character of the person appearing to have signed the
same ; and if any such clerk, officer or deputy, shall utter a
false certificate of any indictment and conviction for a pre-
vious felony, or if any person other than such clerk, officer
or deputy, shall sign any such certificate as such clerk, offi-
cer'or deputy, or shall utter any such certificate with a false
or counterfeit signature thereto, every such offender shall
be guilty of felony.
Quaker or Mo- ^^' ^^7 Quaker or moravian who shall be required to
ravion maj- give evidence in any criminal case, shall instead of taking an
Tji a L'Q sole inn ^^ ^^
afltr'mation : oath in the usual form, be permitted to take his solemn
form given. affirmation or declaration in the words following, that is to
say : " I, .A. B., do solemnly, sincerel)' and truly declare and
affirm ;" which said affirmation or declaration shall be of
the same force and effect in all courts of justice and other
places, where by law an oath is required, as if such quaker
or moravian had taken an oath in the'usual form.
Judgments not 4:5. No judgment upon any indictment or information
revers^ed for ""^ ^^^' ^"^ ^lony or misdemeanor, whether after verdict or
■want offornaai outlawry, or by confession, default or otherwise, shall be
neoeSary^o'be stayed or reversed for want of averment of any matter un-
sUghttmperfeo- Bccessary to be proved, nor for the omission of the words
tions. " as appears by the record" or of the words with force
■ ^ and arms, or of the words " against the peace," nor
for the insertion of the words " against the form of the
statute " instead of the words " against the form of the
statutes," or vice versa, nor for that any person or persons
mentioned in the indictment or information is or are desig-
nated byaname of office or other descriptive appellation in-
stead of his, her, or their proper name or names, nor for omit-
ting to state the time at which the offence was committed
in any case where time is not of the essence of the offence,
nor for stating the time imperfectly, nor for stating the offence '
to have been committed on a day subsequent to the finding
of the indictment or exhibiting the information, or on an
TITLE XLIL] administration OF CRIMINAL JUSTICE. g42
impossible day, or on a day that never happened; nor for Chap. 1G8.
want of a proper or perfect vefiue, where the court shall ' '
appear by the indictment or information to have had juris-
diction over the offence.
46. No judgment after verdict upon any indictment or same subject,
information for any felony or misdemeanor, shall be stayed
or reversed for want of a similiter, nor by reason that the
jury process has been awarded to a wrong officer upon an
insufficient suggestion, nor for any misnomer or misdescrip-
tion of the officer returning such process or of any of the
jurors, nor because any person has served upon the jury
who has not been retui-ned as a juror by the sheriff or other
officer, and that where the offence charged has been created
by any statute or subjected to a greater degree of punish-
ment by any statute, the indictment or information shall, ■
after verdict, be held sufficient to warrant the punishment
prescribed by the statute, if it describe the offence in the
words of the statute.
47. Wherever sentence shall be passed for felony on a sentence for re-
person already imprisoned under sentence for anothfer crime, lonywiicre par-
it shall be lawful for the court to award imprisonment for or already sen-
the subsequent offence to commence at the expiration of tiierorime."'""'
the imprisonment to which such person shall have been
previously sentenced ; and where such person shall be
already under sentence of imprisonment, the coui-t may
award such sentence for the subsequent offence, to com-
mence at the expiration of the imprisonment to which such
person shall have been previously sentenced, although the
aggregate term of imprisonment may exceed the term for
which punishments could be otherwise awarded.
48. Judgment or sentence shall not be given and awarded Punishment of
against any person convicted of any offence, that such per- wMpp/ng^abo-*
son do suffer the punishment of being set in the pillory, or I'si'^i
of having his ears nailed thereto or cut off, or do suffer the
punishment of being whipped.
49. Every person convicted of murder shall, after judg- persons oon-
ment, be confined in some place within the prison apart ™j''jJow^'be
from all other prisoners, and shall be fed with bread and Wt and fcd^^
water only, and with no other food or liquor except in case ^
of receiving the sacrament, or in case of any sickness or
wound, in which case the surgeon of the prison may order
other necessaries to be administered ; and no person but
the jailer or his servants, and the chaplain, and surgeon of
the prison, shall have access to any such convict without
the permission in writing of the court or judge before
whom such convict shall have been tried, or of the sheriff
or his deputy : provided ahvays, that in case the court or
judge shall think fit to respite the execution of such con-
vict, such court or judge may, by a license in writing,
relax during the period of the respite, all or any of the
642 ADMINISTRATION OP CRIMINAL JUSTICE. [PART IV.
Chap. 168. restraints or regulations^hereinbefore directed to be ob-
served.
Monslnd'their ^^' ^^^^re the queen's majesty shall be pleased to ex-
errect as to teiid her royal mercy to any offender convicted of any
Tactions''"'"""' felony punisha,ble with death or otherwise, and by warrant
under her royal sign manual countersigned by one of her
principal secretaries of state, shall grant to such offender
either a free or a conditional pardon, the discharge of such
offender out of custody in the case of a free pardon, and
the performance of the condition in the case of a con-
ditional pardon, shall have the effect of a pardon under the
great seal for such offender, as to the felony for which siich
pardon shall be so granted : provided always, that no free
pardon, nor any such discharge in consequence thereof, nor
any conditional pardon, nor the performance of the con-
dition thereof, in any of the cases aforesaid, shall preventer
mitigate the punishment to which the offender might
otherwise be lawfully sentenced on a subsequent convic-
tion, for any felony committed after the granting of such
pardon.
Punishment en- 51. Where any offender hath been or shall be convicted
nie?no?punisii- of ^"7 felouy not punishable with death, and hath endured
.able wit£ death or shall endure the punishment to which such offender hath
feet of pardons, been or shall be adjudged for the same, the punishment so
endured hath and shall have the like effects and conse-
quences as a pardon under the great seal as to the felony
whereof the offender was so corivicted, provided always
that nothing herein contained nor the enduring of such
punishment shall prevent or mitigate any punishment to
which the offender might otherwise be lawfuU}' sentenced
on a subsequent conviction for. any other felony.
Judges maydi- 52. It shall and may be lawful for the judge or judges
tfons'again"t of any of the superior courts of common law or equity, in
fnTto'be'g'u'i'i-" ^^*® i* ^^^^^ appear to him or them that any person has been
ty of perjury in guilty of wilful and Corrupt perjury in any evidence given,
ttlven before ' Or in any affidavit, deposition, examination, answerer other
them. proceeding made or taken before him or them, to direct
such person to be prosecuted for such perjury, in case there
shall appear to him or them a reasonable cause for such
prosecution, and to commit such person, so directed to be
prosecuted, until the next term of the supreme court for
the county within which such perjury was committed,
unless such person shall enter into a recognizance
with one or more surety or sureties conditioned for
the appearance of such person, at such next term of
the supreme court, and that he will then surrender and
take his trial, and not depart the court without leave,
and to require any person he or they may think fit to
enter into a recognizance conditioned to prosecute or
give evidence against such person so directed to be pro-
secuted.
TITLE XLII.] ADMINISTRATION OP CRIMINAL JUSTICE. 643
53. In every indictment for perjury, or for unlawfully, Chap. 168.
wilfully, falsely, fraudulently, _ deceitfully, maliciously or inindictments"
corruptly, taking, making, signing or subscribing any oath, ftr perjury, tiio
affirmation, declaration, affidavit, deposition, bill, answer, thD^offenco''may
notice, certificate or other writing, it shall be sufficient to ^^ s"'' f°''">-
set forth the substance of the offence charged upon the
defendant, and by what court, or before whom the oath,
affirmltion, declaration, affidavit, deposition, bill, answer,
notice, certificate or other writing, was taken, made, signed,
or subscribed, without setting forth the bill, answer, infor-
mation, indictment, declaration or any part of any proceed-
ing either in law or in equity, and without setting forth the
commission or authority of the court or person before whom
such offence was committed.
54. In every indictment for subornation of perjury, or indictments for
for corrupt bargaining or contracting, with any person to perj'uTy.''™ "^
commit wilful and corrupt perjury, or for inciting, causing or
procuring any person unlawfully, wilfully, falsely, fraudu-
lently, deceitfully, maliciously, or corruptly, to take, make,
sign or subscribe any oath, affirmation, declaration, affidavit,
deposition, bill, answer, notice, certificate or other writing,
it shall be sufficient whenever such perjury or other offence
shall have been actually committed, to allege the offence
of the person who actually committed such perjury, in the
manner hereinbefore mentioned, and then to allege that the
defendant unlawfully, wilfully, and corruptly did cause and
procure the said person, the said offence, in manner and
form aforesaid to do and commit ; and wherever such per-
jury or other offence shall not have been actually committed,
it shall be sufficient to set forth the substance of the offence
charged upon the defendant, without setting forth or aver-
ring any of the matters or things hereinbefore rendered
unnecessary to be set forth or averred in the case of wilful
and corrupt perjury.
55. On any prosecution by indictment or information Competency of
againstany person for for ging any deed, writing, instrument SlTlf/ fo"-
or other matter, or for uttering or disposing of any deed, sery, &e.
writing, instrument or other matter knowing the same to
be forged, or for being accessory to any such offence if the
same be a felony, or for aiding, abetting or counselling the
commission of any such offence if- the same be a misdemea-
nor, no person shall be deemed to be an incompetent witness
in support of any such prosecution by reason of any
interest which such person may have or be supposed to have
in respect of such deed, writing, instrument, or other
matter.
56. It shall be lawful for the court, if it shall see fit, to Amendment 9f
cause the indictment or information for any offence when formaUonsf'&cl
any variance shall appear between any matter in writing or
in print produced in evidence, and the recital or setting
41
644 ADMINISTRATION OP CRIMINAL JUSTICE. [PART IV.
Chap. 168. forth thereof in the indictment or information whereon the
trial is pending, to be forthwith amended in such particular
or particulars by some officer of the court, and after such
amendment the trial shall proceed in the same manner in all
respects both with regard to the liability of witnesses to be
indicted for perjury and otherwise, as if no variance had
appeared.
meDt°for"chiid- ^'^ • ^^ °^ ^he trial of any woman for murder<«sof her
murder the jury child she shall be acquitted thereof, it shall be lawful for the
mother guiityof jury by whose verdict she shall be acquitted, to find in case
lonS'the ^" i* sl^*^!! so appear in evidence, that she was delivered of a
fcirth. child, and that she did by secret burying or otherwise dis-
posing of the dead body of such child endeavour to con-
ceal the birth thereof, and thereupon the court may pass
such sentence as if she had been convicted upon an indict-
ment for the concealment of the birth.
Proceedings 58. Whenever the governor shall exercise the preroga-
whore sentence ,■ j, ,, i^t j rvn
«fdeathiscom- tive 01 the crown, by extending mercy to any onender con-
■S"e*^f the^pre- victed of any crime punishable with death, upon condition
rogative. of imprisonment with hard labor in the provincial peniten-
tiary either for the term of life or for any number of years,
and shall make the same known to the court before which
such offender hath been or shall be convicted, such court
shall allow to such offender the benefit of a conditional
pardon, and make an order for the immediate imprisonment
of such offender under and upon the terms and conditions
therein expressed ; and in case such intention of mercy
shall be made known to any judge of the supreme court,
such judge shall allow to such offender the benefit of a
conditional pardon, and make an order for the immediate
imprisonment, with hard labor, of such offender in the pro-
vincial penitentiary, in the same manner as if such inten-
tion of mercy had been signified to any such court as afore-
said ; and such allowance and order shall be considered an
allowance and order made by the court before which such
offender was convicted, and shall be entered on the records
of the same cotirt by the proper officer thereof, and shall
be as effectual to all intents and purposes and have the same
consequences as if such allowance and order had been made
by the same court during the continuance thereof; and
every such order, whether made by the court or any judge
of the supreme court as aforesaid, shall subject the offender
to be conveyed to the provincial penitentiary and there
kept to hard labor during the term of imprisonment men-
tioned therein, in like manner as if such imprisonment had
been imposed as a punishment by the sentence of any
court by authority of law.
Charges of con- 59. Any person that shall hereafter be committed to jail
er8^to1ai?1o™e ^OT any offence or misdemeanor, having means or ability
defrayed by thercunto, shall bear his own reasonable charges for con-
when of ability; veying or sending him to jail, and the charges also of such
TITLE XLII.] ADHINISTRATION OP CRIMINAL JUSTICE. 645
as shall be appointed to guard him and shall so guard him Chap. 168.
thither ; and if any person shall refuse to defray such pvooeedings to
charges, then a justice of the peace, by writing under his hoover the
hand and seal, shall give warrant to any constable to sell so
much of the goods and chattels of the said person so to be
committed as by the discretion of the said justice shall
satisfy and pay the charge of his conveying and sending to
the jai, the appraisement to be made by two inhabitants of
the town or place where such goods or chatteLs shall be,
and the overplus of the money which shall be made thereof
to be delivered to the party to whom such goods shall
belong.
60. If the person so to be committed shall not have or penl's'ilow IT
be known to have any goods or chattels which may be sold lowed and paid,
for such purpose, then the said justice, on application by
any constable or other officer who so conveyed such person
to jail, shall upon oath examine into and ascertain the
i-easonable expenses to be allowed such constable or other
officer, and shall forthwith, without fee, by warrant under
his hand and seal, order the treasurer of the county to pay
the same, which the treasurer is hereby required to do as
soon as he receives such warrant, and any sum so paid shall
be allowed in his accounts.
61. When any poor person shall appear on recognizance foo^ witnesses,
, , ■' .^ K , • ^ ii J ^ "ow may be
m any court, to give evidence against another accused of paid their ex-
any felony or misdemeanor, it shall be in the powfer of the v<"^'^-
court, if it shall think fit, at the prayer and on the oath of
such person, and on consideration of his circumstances, in
open court to order the treasurer of the county in which
the offence shall have been committed, to pay unto sucli
person such sum of money as to the court shall seem reason-
ahle for his time, trouble and expense ; which order the
proper officer shall make out and deliver unto such person
upon being paid for the same the sum of aix-pence and no
more ; and such treasurer is hereby required, upon delivery
of such order, forthwith to pay to such person or other
person authorized to receive the same, sucli sum of money
as aforesaid, and shall be allowed the same in his accounts.
62. In case such treasurer shall not have any money in Ss^eThave
his hands to pay the sum so ordered for conveying poor °° ^°^» «^«
prisoners to jail, or for the attendance of witnesses, the tioned in the
same shall be paid out of the public treasury of the pro- ti^Ss fo%e^ptid
■ out of the pub
viiioB. ^ lie treasury.
63. All witnesses on criminal trials attending on the Fees on crimi-
part of the prosecution, shall be entitled, under the sane- StJneSonThe
tion of the court or a judge, to receive from the county P|'^\?o^a';'"' p'^'"'
treasurer the same fees for their travel and actual attend-
ance as witnesses in civil suits are now entitled to receive ;
such fees to be paid on the certificate of the attorney or
solicitor general, queen's counsel, or officer appointed by a
judge to conduct such prosecution, that such witnesses
646 AUMINISTRATION OP CKIMINAl, JUSTICE. [PART IT,
Chap. 168. duly attended under subpoena and gave evidence at sucli
trials, and are entitled to receive therefor the amount
therein stated, and such subposnas shall be produced on
taxation.
e'ountj'treasur- 64. The county treasurer is required, nponthe delivery
amount^ '° of the prothonotary's certificate, to pay the amount of the
fees mentioned therein.
In the absence ^^" Whenever, in the absence of the attorney genera!
of the attorney and solicitor general, it shall appear to the court expedient
ionerai the and neccssary to appoint any one counsel, to conduct and^
poM offioerl'S] manage on behalf of her nsajesty, the proceedings and trial
iiairof' tte''^" °^ ^^y criminal prosecutions depending before the court, it
crown ; costs, shall be lawful for the court to direct any queen's counsel
ow taxe . present therein, or, in his absence, to appoint from among
the barristers attending thereat, some one competent per-
son to conduct and manage such proceedings, and to tax
and allow to him for his services such reasonable fees as he
would have been entitled to for the like services as the
attorney of any party in a civil action, together with such
reasonable counsel fees, not exceeding for any one prose-
cution the sum of five pounds, as the court shall deem
adequate to the services performed on such prosecution.
But the costs to be taxed shall in no case exceed seven
pounds and ten shillings for all writings and papers and for
all counsel fees therein ; and on the allowance and taxation
the court shall not allow for any but necessary services
and expenses, and notice of the time of taxation shall be
given to the clerk of the crown or his deputy.
Costs taxed ^^- Upon the production of a certificate under the
how paid. ' ggal of the court of the amount so taxed and allowed, it
shall be lawful for the governor to grant his wai-rant
therefor upon the receiver general, who shall pay the
amount.
Party convict- ^^ • ^^ ^^' cascs where the party prosecuted shall be con-
e.i, if of ability, yicted and be found by the court of ability to pay the ex-
cT''to''pav"t^e penses of prosecution, to be taxed under this chapter, the
seoution! °^'^™' court shall adjudge such defendant to pay the expenses of
prosecution, and shall issue execution accordingly, and the
amount shall be paid to the receiver general.
Certificate of 68. A Certificate containing the substance and effect
'^^'^l^. "f S™!'" onlv, omitting; the formal part of the indictment and trial
sufficient form- „•",., ° -i -^ ,• j. v. i-^ j\
dictment lor for any feloiiy or misdemeanor, purporting to be sfgned by
perjury. ^j^^ clerk of the court or other officer having the custody
of the records of the court where such indictment was
tried, or by the deputy of such clerk or other officer, for
which certificate no fee shall be demanded- or paid, shall
upon the trial of any indictment for perjury or subornation
of perjury be sufficient evidence of the trial of such indict-
ment for felony or misdemeanor, without proof of the sig-
nature or official character of the person appearing to have
signed tlie same.
TITLE XLII.] ABMfNISTRATION OF CRIMINAL JUSTICE. 647
69. It shall not be necessary to state any venue in the Chap. 168.
body of any indictment, but the county named in the mar- mo venue to to
gin thereof shall be taken to be the venue for all the facts stated,
stated in the body of such indictment, provided that in
cases where local description is or liereafter shall be re-
quired, such local description shall be given in the body of
the indictment.
70. No indictment for anv offence shall he held insuffi- when indict-
.j, J. 1 _Li " j_ n ,j ment not to he
eient for want of tlie averment of any matter unnecessary held insufficient
to be proved, nor for the omission of the words " as appears
by the record," or of the words " with force and arms," or
of the words " against the peace," nor for the insertion of
the words '' against the form of the statute," instead of
^' against the form of the statutes," or vice versa, nor for
that an}'; person mentioned in the indictment is designated
by a name of ofKce or other descriptive appellation instead
of his proper name — nor for omitting to state the time at
which the offence was committed in any case where time is
not of the essence of the offence, nor for stating the time
imperfectly — nor for stating tlie offence to have been com-
mitted on a daj' subsequent to the finding of the indict-
ment— nor on an impossible day or on a day that never
happened — nor for want of a proper or perfect venue — nor
for want of a j)roper or formal conclusion — nor for want of
or imperfection in the addition of any defendant — nor for /
want of the statement of the value or price of any matter
or thing — or the amount of damage, injury, or spoil, in any
case where the value or price or the amount of damage,
injury or spoil is not of the essence of the offence.
71. Every objection to any indictment for any formal Pn^dfo^'^Tnt'**
defect apparent on the face 'thereof, shall be taken by when to be
demurrer or motion to quasli such indictment, before the
jury shall be sworn, and not afterwards ; and every court
before which any such objections shall be taken, for any
formal defect, may, if it be thought necessary, cause the
indictment to be forthwith amended in such particular, by
some officer of the court or other person, and thereupon
the tiial shall proceed as if no such defect had appeared.
72. No person prosecuted shall be entitled to traverse No person mc-
or postpone the trial of any indictment found against him : pd's'tpone^ the
provided, that if the court, upon the application of the ^jf^^ o/^^?^^'"'
person so indicted, or otherwise, shall be of opinion that Mm.
he ought to be allowed a further time, either to prepare
for his defence or otherwise, such court may adjourn the
trial of such person to the next subsequent session, upon
such terms, as to bail or otherwise, as to such court shall
seem meet, and may respite the recognizances of the. pro-
secutor and witnesses accordingly, in which case the pro-
secutor and witnesses shall be bound to attend, to prose-
cute and give evidenca at such subsequent session, with-
out efitering into any fresh recognizance for that purpose.
648 ADMINISTRATION OF CRIMINAL JUSTICE. [PAET IV.
Chap. 168. _ 73. In any plea of autre-fois convict, or autre-fois acquit^
Pleas of autre- it shall be Sufficient for any defendant to state that he has
foiseonviot. j^ggjj lawfully convicted or acquitted, as the case may be,
of the offence charged in the indictment.
Definition of 74. In the Construction of this chapter the word " indict-
aictme''nt!"""'" ment" shall be understood to inclnde information, inquisi-
tion, and presentment, as well as indictment, and also any
plea, replication, or other pleading, and any record ; and
the terms " finding of the indictment," shall be understood
to include the taking of an inquisition, the exhibiting of
an information, and the making a presentment; and the
word " property" shall be understood to include goods,
chattels, money, valuable securities, and every other matter
or thing, whether real or personal, upon or with respect
to which any offence may be committed.
Criminals may 75. A judgc of the Supreme court may sentence con-
during ^sittings victed Criminals, on any day of the sittings at Halifax, as
at Halifax. ^^^g]} ^g ^j-, |.gj,jjj i[j^q_
, , 76. Whenever on the trial of any indictment for any
Amendment of p, ., ,, in.i ■
indictments. lelony Or misdemeanor, there shall appear to be any variance
between the statement in siich indictment, and the evidence
offered in proof thereof, in the name of any county, division,
city, borough, town corporate, parish, township or place
mentioned or described in any such indictment, or in the
name or description of any person stated or alleged to be
the owner of any property, real or personal, which shall form
the subject of any offence charged therein, or in the name
or description of any person therein stated or alleged to be
injured or damaged or intended to be injured or dam-
aged by the commission of such offence, or in the
christian name or surname, or both, or in the other
description whatsoever of any person therein named or de-
scribed, or in the name or description of any thing therein
named or described, or in the ownership of any property
therein named or described, it shall be lawful for the court
before which such trial shall be had, if it shall consider
such variance not material to the merits of the case and
that the defendant cannot be prejudiced thereby in his de-
fence on such merits, to order such indictment to be amended
according to the proof, by some officer of the court or other
person, both in that part of the indictment where such vari-
ance occurs and in every other part of the indictment which
it may become necessary to amend, on such terms as to
postponing the trial to be had before the same or another
jury or otherwise as such court shall think reasonable ; and
after any such amendment the trial shall proceed when-
ever the same shall be proceeded with in the same manner
in all respects and with the same consequences with
respect to the liability of witnesses to be indicted for
perjury and otherwise as if no ^cli variance had oc-
curred ; and in all such cases the order for the amend-
ment shall either be endorsed on the indictment or eo-
TITLE XLII.] ADMINISTRATION OF CRIMINAL JUSTICE. 649
grossed and filed with the indictment and records of the Chap. 168.
court ; provided that in all such cases where the trial shall "
be so postponed, it shall be lawful for the court to respite the
recognizances of the prosecutor and witnesses, and of the
defendant and his sureties, if any, in which case the prose-
cutor and witnesses shall be bound to attend to prosecute
and give evidence respectively ; and the defendant shall be
bound to attend to be tried at the time and place to which
such trial shall be postponed, without entering into any
fresh recognizances lor that purpose, in the same manner
as if they had been originally bound by their recognizances
to appear and prosecute, or give evidence at the time
and place to which such trial shall have been so postponed ;
— provided also, that where any such trial shall be to be
had before another jury, the crown and the defendant shall
respectively be entitled to the same challenges as they were
entitled to before the first jury was sworn.
77. Every verdict and judgment which shall be given verdicts where
after the making of any amendment under the provisions of ^^1"!^""^'''^
the last section, shall be of the same force and effect in all
respects, as if the indictment had originally been in the
same form in which it was after such amendment was
made.
78. If it shall become necessary at any time, for any ^/';°^tndmS
purpose, to draw up a formal record in any case where any
amendment shall have been made under the provisions of
section seventy-six, such record shall be drawn up in the
form in which the indictment was after such amendment
was made, without takiiVg any notice of the fact of such
amendment having been made.
79. In any indictment for murder or manslaughter it SOTaSd^"""
shall not be necessary to set forth the manner in which or manslaughter,
the means by which the death of the deceased was caused ;
but it shall be sufficient in every indictment for murder to
charge that the defendant did feloniously, wilfully and of
his malice aforethought kill and murder the deceased ; and
it shall be sufficient in every indictment for manslaughter
to charge that the defendant did feloniously kill and slay
the deceased.
80. In any indictment for forging, uttering, stealing, intotment for
embezzling, destroying or concealing, or for obtaining by
false pretences any instrument, it shall be sufficient to de-
scribe such instrument by any name or designation by which
the same may be usually known, or by the purport thereof,
without setting out any copy or/ac simile thereof, or other-
wise describing the same or the value thereof.
81. In any indictment for engraving or making the indktment^for
whole or any part of any instrument or thing, or for using
or having the unlawful possession of any plate or_ other
material, upon which the whole or any part of any instru-
ment or thing shall have been engraved or made, or for
650 ADMINISTEATION OP CRIMINAL JUSTICE. [PART IT.
Chap. 168. having the unlawful possession of any paper upon which
the whole or anj^ part of any instrument or thing shall have
been made or printed, it shall be sufiScient to describe such
instrument or thing by any name or designation by which
the same may be usually known, without setting out any
copy or/ac simile of the whole or any part of such instru-
ment or thing.
Description of 82. In all other cases, wherever it shall be necessary to
indictaent. '" make any averment in any indictment as to any instrument,
whether the same consists wholly or in part of writing,
print or figures, it shall be sufficient to describe such in-
strument by any name or designation by which the same may
be usually known, or by the purport thereof, without setting
out a copy or fac simile of the whole or any part thereof.
83. It shall be sufficient in any indictment for forging,
ocssary in tiie uttering, offering, disposing of, or putting off any instru-
ladictment. nient, or for obtaining or attempting to obtain any pro-
perty by false pretences, to allege that the defendant did
the act with intent to defraud, without alleging the intent
of the defendant to defraud any particular person, and on
the trial of any of the offences in this section mentioned,
it shall not be necessary to prove an intent on the part of
the defendant to defraud any particular person, but it shall
be sufficient to prove that the defendant did the act charged
with an intent to defraud.
Verdict of jury Si. If on the trial of any person charged with any
m oases wliere n ■, ■ ^ .iiii j_j.i' xi
offences are not iclony Or misdemeanor, it shall appear to tlie jury upon the
eompieted. evidence that the defendant did not complete the offence
charged, but that he was guilty only of an attempt to com-
mit the same, such person shall not, by reason thereof, be
entitled to be acquitted, but the jury shall be at liberty to
return as their verdict, that the defendant is not guilty of
the felony or misdemeanor charged but is guilty of an
attempt to commit the same ; and thereupon such per-
son shall be liable to be punished in the same manner as if
he had been convicted upon an indictment for attempting
to commit the particular felony or misdemeanor charged in
such indictment ; and no person tried as lastly mentfoned
shall be liable to be afterwards prosecuted for committing
or attempting to commit the felony or misdemeanor for
which he was so tried,
oovernor may 85. The govemor in council may order a special sitting
si'ttfngsfor trial of the Supreme court in any cf the counties of this pro-
of felonies. yince, for the trial of prisoners charged with felonies.
Particular day 86. Such Order shall appoint a particular day when the
tobe^app^o^inted court shall be held, and shall be published in the royal
gazette for at least three weeks before the day appointed
for opening the court — immediately upon the order being
made, the clerk of the executive council shall transmit
copies thereof to the chief justice, and to the prothonotary
and sheriff of the county wherein the special sitting of the
court is to be held.
TITLE XLII.] DUTIES OP MAGISTRATES IN CRIMINAL CASES. 651
87. Upon the receipt of the order by4he prothonotary, Chap. 169.
he shall issue venires for the grand and petit jury to meet s„n,„onin~
at the time specified therein, and the sheriff shall imme- jurors and°Tie-
diately summon such juries, with constables and other ""^^""^^ "'"°'"'^"
officers whose attendance is required at such sitting, who
shall be liable to the same penalties for non-attendance as
when summoned to attend the ordinary terms or sittings of
the court.
88. Any judge of the supreme court may preside at Presiding judge
such special sitting, and all trials, judgments, and proceed- to''haye''saSfl
ings thereat shall have the same force and effect as if such fo™e as if had
p.., , ,. ,^^ at ordinary
trials, judgments, and proceedmgs had jtaken place at one terms or sit-
of the ordinary terms or sittings of the court. *'"^^'
89. The presiding judge may adjourn the sittings from judge may ad-
day to day as occasion may require. ■'™™ ^'"'"ss.
90. The provisions of the last five sections may be Extended to
extended to the trial of criminals charged with misde- meanMs ™'^'^^"
meaner.
CHAPTER 169.
OF THE DUTIES OF JUSTICES OF THE PEACE IN CRIMINAL
MATTERS.
1. In all cases where a charge or complaint (A.) shall be Persons guilty
made before a justice that a person has committed or is an Sotabie"^
suspected of having committed any indictable offence apprehended.
within the limits of the jurisdiction of such justice, or that
a person has committed or is suspected to have committed
an indictable offence out of the jurisdiction of such justice
and is residing or is suspected to be within the limits of the
jurisdiction of such justice, if the person so charged or
complained against shall not then be in custody, such jus-
tice shall issue his warrant (B.) to apprehend such person,
to be dealt with as therein and thereby directed ; but in-
stead of a warrant in the first instance, the justice, if he
think fit, may issue his summons (.C.) requiring such per-
son to appear at a certain time and place therein mentioned
to answer to the charge preferred. If after being served
with such summons in manner hereinafter prescribed, such
person shall fail to appear in obedience thereto, such justice,
or any other justice of the county, may issue his warrant
(D.) to apprehend suoh person to be dealt with as in such
last mentioned warrant directed. But nothing in this sec-
tion contained shall prevent a justice from issuing the war-
rant hereinbefore first mentioned at any time before (sr
after the time mentioned in the summons for the appearance
of the accused party.
652 DUTIES OP MAGISTRATES IN CBIMINAL CASES. [PART IV.
Chap. 169. 2. In all cases of indictable offences committed on the
vfhen the of- high seas, or in any creek, harbor, haven or other place in
mlttedonthe ^hich the admiralty of England have or claim to have juris-
highsoaaor on diction, and in all cases of offences committed on land
the seas. beyond the seas for which an indictment may be preferred
within this province, a justice for any county in which any
person charged with having committed or being suspected
to have committed any such offence shall be or be suspec-
ted to be, may issue his warrant (B.) to apprehend such
person, to be dealt with as therein and thereby directed.
When an indict- 3. Where an indictment shall be found by the grand
S'nd'the'^a^ty J^^^ against a person then at large; whether such person
hath not ap- shall have been bound by recognizance to appear to answer
ofprocoedin^^'' the Same or not, the person acting as clerk of the court
where the indictment shall be found shall at any time after-
wards after the end of the same term or sittings, upon
application of the prosecutor or any person on his behalf,
and on payment of one shilling, if such person shall not
have already appeared and pleaded to such indictment,
grant unto such prosecutor or person a certificate (F.),
which being produced to a justice of the county where the
offence shall in such indictment be alleged to have been
committed or in which the person indicted shall be suspec-
ted to be, such justice shall issue his warrant (G.) to appre-
hend the party so indicted ; upon the party being appre-
hended and being proved to be on oath the same person
charged in the indictment, the justice before whom he is
brought shall without further inquiry or examination, by
warrant (H.) commit him for trial or admit him to bail as
hereinafter mentioned. If the person indicted shall then
be confined in jail for any other offence, then the justice,
upon it being proved before him upon oath that the person
indicted and the person so confined are the same person,
shall issue his warrant (I.) directed to the keeper of such
jail, commanding him to detain such person in custody until
discharged therefrom by due course of law.
Warrants may 4. A justice of the peace may grant or issue any such
issue on a Sun- ^g^^.j-^jj); qj. a,ny search Warrant on a Sunday as well as on
any other day.
whenawarrant 5- Whenever a charge or complaint for any indictable
shall issue for offence shall be made before a jiistice, if it be intended to
offence, infer- issuc a Warrant in the first instance against the party
in'^w'r?ti™g^un- charged, an information and complaint thereof (A.) in writ-
w'ise°°ffhoS*'r'^" i"g OJ^ *he oath of the informant or of some witness in that
summons shaU behalf shall be laid before the justice ; but where it is in-
issue; variances , i i , ■ ■ ii £ j. • j. J.^ ■ e
unobjection- tended to issue a summons m the first instance, the mtor-
°'^^^' mation and complaint need not be in writing, nor upon
oath, but may be by parol, and no objection shall be taken
or allowed to any such information or complaint tor any
alleged defect therein in substance or in form, or for any
variance between it and the evidence adduced on the part
yan-
TITLE XLII.] DUTIES OF MAGISTRATES IN CRIMINAL CASES. 653
of the prosecution before the justice who shall take the Chap. 169.
examination of the witnesses in that behalf.
6. Upon such information and complaint being so laid, Proooedings by
the justice receiving the same may, if he shall think fit, wTraSt'*;''™!'
issue his summons or warrant respectively, as hereinbefore a&all ZVs^-
directed, to cause the party charged to appear as therein journmcnt,
and thereby directed ; and every such summons (C.) shall
be directed to the party so charged in and by such infor-
mation and shall shortly state the matter of such infor-
mation, and shall require the party to whom directed, to
appear at a certain time and place therein mentioned, to
answer to such charge; and such summons shall be served
by a constable or other peace officer upon the person to
whom directed by delivering the same to the party per-
sonally, or if he cannot conveniently be met with, then by
leaving the same with some person for him at his last or
usual place of abode ; and the person who shall have served
the same, shall attend at the time and place and before the
justice in the summons mentioned, if necessary, to verify
such service upon oath ; and if the party summoned shall
not appear as required, the justice shall issue his warrant
(D.) to compel his attendance as therein and thereby pre-
scribed. If any variance, or alleged defect in substance
or in form between the summons or warrant, and the evi-
dence adduced in support thereof sliall appear to the justice
to be such that the party charged has been deceived or
misled thereby, such justice, at the request of the party
charged, may adjourn the hearing of the case to a future
day, and remand such party or admit him to bail as herein-
after mentioned.
7. It shall not be necessary to make a warrant (B.) re- ^otTe
turnable at any particular time, but it may remain in force ycuia*^°m|'*''
until it shall be executed. It may be executed by appro- how and where
bending the offender at any place within which the justice ftcsh^pursutt;
issuing it hath jurisdiction, or in case of fresh pursuit at "f variances.
any place in the next adjoining county or place and within
seven miles of the border of such first mentioned county,
without having such warrant backed as hereinafter men-
tioned. No objection shall be taken or allowed to any such
warrant for any defect therein in substance or in form, or
for any variance between it and the evidence adduced on
the part of the prosecution before the justice who sliall
take the examination of the witnesses in that behalf as
hereinafter mentioned ; but if it appear to the justice that
the party charged has been deceived or misled by any such
variance, at his request the justice may adjourn the hearing
of the case to a future day, and in the meantime remand
the party charged or admit him to bail as hereinafter men-
tioned.
8. If the person against whom any such warrant shall ^dm^sod^'^pro-
be issued shall not be found within the jurisdiction of the °^«'^'^f^ f^^"'
justice issuing the same, or if he shall be or be suspected prosecutor or
Warrant need
return-
654 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PART IV.
Chap. 169. to be in any place within this province, a justice of the
anj^f'tiie wit- ^o^^ntj Or placc where such person shall be or be suspected
iiesses aiiaii re- to be, upon proof made upon oath of the handwriting of
ty where tiio tlie justicc issuing the Warrant, may make an endorsement
yrahemiod! °'^'' (K.) upon such Warrant, signed with his name, authorizing
the execution thereof as thereon endorsed, and the carrj'-
ing of the person therein named, when apprehended, before
the justice who first issued the warrant or some other
justice of that county or place where the offence men-
tioned in the warrant appears therein to have been com-
mitted ; but if the prosecutor or any of the witnesses for
the prosecution shall then be in the county or place where
the person shall have been so apprehended, the party appre-
hending him, if so directed by the justice Ijacking the war-
rant, shall convey him before such last mentioned justice
or some other justice of the same county or place, and
thereupon such justice may take the examination of such
prosecutor or witnesses, and proceed in every respect in
manner hereinafter directed with respect to persons charged
before a justice with an offence alleged to have been com-
mitted in another county or place than that in which such
person has been apprehended.
Evidence for 9. If it shall be made to appear to any justice by oath
tfonTow^seou- *^'''* ^^V pcrsou within his jurisdiction is likely to give
I'ed.' material evidence for the prosecution and will not volun-
tarily appear for the purpose of being examined, such jus-
tice shall issue his summons (L. 1) to such person, requir-
ing him to appear at the time and place therein mentioned
to testify as therein directed. If without sufficient excuse
he neglect to appear at such time and place after proof
upon oath of such summons having been served upon such
person either personally or by leaving the same with some
person for him at his last or usual place of abode, the
justice before whom such person should have appeared
may issue a warrant, (L. 2) which warrant, if necessary,
may be backed as other warrants. If such justice shall be
satisfied by evidence upon oath that it is probable that
such person will not attend to give evidence unless com-
pelled, then, instead of a summons, he may issue a warrant
(L. 3) in the first instance, which, if necessary, may be
backed as above. If on the appearance of such person,
either in obedience to the summons or under the warrant,
he shall ijefuse to be examined upon oath concerning the
premises, or shall refuse to take such oath, or. having taken
such oath shall refuse to answer questions concerning the
premises without just excuse for such refusal, the justice by
warrant (L. 4) may commit such party so refusing to jail,
for any time not exceeding seven days, unless he shall in
the meantime consent to be examined and to answer,
ivoeeedings he- 10. Whenever any person shall appear or be brought
wiiere^r party before a justice charged with an indictable offence, whether
. .. ,a
TITLE XLII.] DUTIES OP MAGISTRATES IN CEIMINAL CASES. 655
committed within the province or. upon the high seas, or on Chap. 169.
land beyond the sea, whether such person appear volun- i^ciTarged with
tarily or be in custody for the same or another offence, the °e°c"*'-'°de*'!fsi''"
justice, before he commit the accused person for trial or tionsiiow taken
admit him to bail, shall in the presence of the accused per- u^dTif trial.'*'
son, who shall be at liberty to put questions to any witness
produced against him, take the statement (M.) on oath of
those who shall know the facts and circumstances of the
case, and shall put the same into writing; and such deposi-
tions shall be read over to *and signed respectively by the
witnesses so examined, and shall also be signed by the
justices taking the same. Before any such witness shall be
examined the justice shall administer the usual oath, and if
upon the trial of the person accused it shall be proved
upon oath that any person whose deposition shall have been
so taken is dead, or so ill as to be unable to travel, and also
that such deposition was taken in the presence of the per-
son accused, and that he, or his counsel or attorney, had
full opportunity of cross examining the witness, then if
such deposition purport to be signed by the justice by or
before whom the same purports to have been taken, it may
be read in evidence on such prosecution without further
proof, unless it shall be proved that such deposition Avas
not in fact signed by the justice purporting to sign the
same.
11. After the examination of all the witnesses on the Depositions to
part of the prosecution shall have been completed, the tobTo'!i,ut?one5
iustice shall, without requiring the attendance of the wit- and questioned;
J ' "1 °i , ,1 'J J.1, J ■ 1"S answers, it
nesses, read or cause to be read to the accused, tne deposi- any to be re-
tions taken against him, and shall say to him these words, f^o°''and°mIy "
or to the like effect : ^<'"='='^ °° '"*i
"Having heard the evidence, do you wish to say any-
thing in answer to the charge? You are not obliged to
say anything unless you desire to do so, but whatever you
say will be taken down in writing and may be given in
evidence against you upon your trial."
And whatever the prisoner shall then say in answer
thereto shall be taken down in writing (N.) and read over
to him, and shall be signed by the justice and kept with the
depositions of the witnesses, and shall be transmitted with
thein as hereinafter mentioned, and upon the trial of the
accused party the same may if necessary be given in evi-
dence against him without further proof thereof, unless it
shall be proved that the justice purporting to sign the same
did not in fact sign the same ; but before such accused per-
son shall make any statement, the justice shall state to him,
and give him clearly to understand, that he has nothing to
hope from any promise of favor and nothing to fear from
any threat which may have been holden out to him to in-
duce him to make any admission or confession of his guilt,
but that whatever he shall then say may be given in evi-
656 DUTIES OP MAGISTRATES IN CEIMINAL CASES. [PAET IV.
Chap. 169. dence against him upon his trial. The prosecutor may,
however, give in evidence any admission or confession or
other statement of the person accused or charged, made at
any time which by law would be admissable evidence against
such person.
RoomifThereex- 12. The room Or building in which the justice shall
taken noTne-'' take such examinations or statements as above shall not be
oMnoourS" deemed an open court for that purpose, and the justice at
his discretion may order that no person shall have access
to, or be or remain in such room or building without the
consent of such justice, if it appear to him that the ends of
justice will be best answered by so doing.
Recognizance 13. The justice before whom any witness shall be ex-
.nncF'^ffitneas"' amlncd may bind by recognizance (0.1) the prosecutor
pers'how and" ^'^d every such witness to appear at the next term or sit-
where returned, ting of the court in which the accused is to be tried, then
and there to prosecute, or to prosecute and give evidence,
or to give evidence, as the case may be, against the party
accused, which recognizance shall specify the profession,
mystery, art, or trade of every such person recognized,
together with his christian and surname, and the place of
his residence, and being duly acknowledged it shall be sub-
scribed by the justice before whom taken, and a notice
(0. 2) thereof shall at the same time be given to the person
bound thereby : and the several recognizances so taken,
together with the written information, if any, tlie deposi-
tions, the statement of the accused, and the recogoizance
of bail, if any in such case, shall be delivered by the justice
to the proper officer of the court in which the trial is to be
had, before or at the opening of the court on the first day
of term, or at such other time as the presiding judge there-
of shall order. If such witness shall refuse to enter into
such recognizance the justice by his warrant (P. 1) may
commit him to jail in the county where the trial is to be
had until after the trial of the accused party, unless in the
meantime he shall enter into such recognizance before some
justice of the county where such jail is situate. If after-
wards for want of sufficient evidence in that behalf, or other
cause, the justice before whom such accused party shall
have been brought shall not commit him or hold him to bail
for the offence with which he shall have been charged, 'the
same or any other justice of the county by his order (P. 2)
may direct the keeper of such jail to discharge him from
further custody, and such keeper shall forthwith discharge
him accordingly.
S'arty may be 14. If from the absence of witnesses, or for any other
furthOT^exami- reasonable cause, it shall become necessary or advisable
"iierefor ■"«!-" ^0 defer the examination or further examination of any
CTgnizance for witnesses for anytime, the justice before whom the ac-
a'«n'iiTfOT-°^' cused party shall appear or be brought may by his warrant
feitod. ^Q_ 1^ ^Yom time to time remand the party accused for
TITLE XLII.] DUTIES OP MAGISTEATES IN CRIMINAL CASES. 657
suoh time as to him shall seem reasonable, not to exceed Chap. 169.
eight clear clays, to jail or other place of security in the
county. If the remand be for a period not exceeding
three clear days the order therefor may be made verbally
to a constable or person to be named by the justice in that
behalf, with directions to bring tip the accused party again
at a time and place appointed for continuing the exami-
nation. But any justice may order the accused party to
be brought before him or any other justice for the same
county or place before the expiration of the time for
which the accused shall be so remanded, and the jailer or
officer in charge shall obey such order, and any justice
before whom the accused shall so appear or be brought,
may discharge him upon his entering into a recognizance
(Q. 2, 3) with or without a security or securities, at the
discretion of the justice, conditioned for his appearance
at the time and place appointed for the continuance of
such examination. If he shall not appear, then such jus-
tice or any other justice present, upon certifying (Q. 4)
upon the back of the recognizance, may transmit such re-
cognizance to the prothonotary of the court of the county
within which such recognizance shall have been taken, to
be proceeded upon as other recognizances, and such certifi-
cate shall be prima facie evidence of the non-appearance
of such accused party.
15. Whenever a person shall appear or be brought be- Procccding«
fore a justice charged with an offence alleged to have been ^n™ charged
committed within a county or place wherein such justice has been com-
• • T • 1 in • 1 • mitted in a
shall not have jurisdiction, he shall examine such witnesses county where
and receive such proof of the charge as shall be brought notjurisdletion.
before him, and if in the opinion of such justice the evidence
adduced shall be sufficient proof of the charge made against
the accused party, the justice shall thereupon commit him
to jail, or shall admit him to bail as hereinafter mentioned,
and shall bind over the prosecutor if he have appeared be-
fore him, and the witnesses by recognizance accordingly
as hereinbefore mentioned. But if the evidence shall not
in the opinion of such justice be sufficient to put the accu-
sed party upon his trial for the offence with which he is
charged the justice shall bind over such witnesses as he
shall have examined by recognizance to give evidence as
hereinbefore mentioned, and he shall issue his warrant (R. 1)
in that behalf, and at the same time deliver the informa-
tion and complaint, and the depositions and recognizances
so taken by him, to the constable having the execution
of the last named warrant, to be by him delivered to the
justice before whom he shall take the accused, and the de-
positions and recognizances shall have the same validity
and effect as if taken before such last mentioned justice ;
and they, with such depositions and recognizances as the
last mentioned justice shall take in the matter, shall be
658 DUTIES OP MAGISTRATES IN CRIKINAL CASES. [PAET IV,
Chap. 169. transmitted to the court where the accused party is to be
tried, if he shall be committed for trial or admitted to bail.
ft)r°e°tho'°SHo6 ^^' ^^ *^'® accused party shall be taken before the justice
havingjurisdio- last mentioned by virtue of such last named warrant, the
piMo'whM-ethe psrson SO conveyiug him shall be entitled to be paid his
Stted^exp°en-' '^osts and expenses for that service, and upon his produ-
sesofo&oer, cing the accused party before such justice, and delivering
defray^ed!' ^" him into custody as such justice shall direct, and deliver-
ing his warrant, the .information, if any, depositions and
recognizances, and proving- by oath the hand-writing of
the justice subscribing the same, such justice to whom
the accused party is produced shall forthwith ascertain
the sum which ought to be paid for such service, and for
his reasonable costs and expenses of returning, and shall
thereupon make an oi'der (R. 2) in favor of such person
upon the county treasurer for payment thereof, and the
treasurer upon production of the order shall pay the
same in the usual course. If the justice last named shall
not think the evidence against sucli accused party suffi-
cient to put him upon trial he shall discharge him without
bail, and the recognizances taken by such first named
justice shall be void.
Justices may 17. Where a person shall appear or be brought before
offences'; trea- ^ justioe, charged with any ofi'ence other than treason, or a
punfshaMe""'*' f^lony punishable with death, he may in his discretion ad-
Tcitii death ex- mit such persou to bail upon such surety or sureties as he
"^^ ^ ' shall think sufficient to ensure the appearance of the person
accused at the time and place for the trial of such offence,
and he shall take the recognizance (S. 1), and notice thereof
(S. 2) shall be given.
Parties, how ad- 18. In all cases where a person charged with an indict-
after commit- able offence shall be committed for trial, the justice who
"'^°'' shall have signed the warrant for his commitment, may at
any time before trial, at his discretion, admit such accused
party to bail as above, if he shall be of opinion that such
accused party ought to be admitted to bail, he shall in such
case certify (S. 3) on the back of the warrant of commit-
ment his consent to such party being bailed, stating. the
amoi:nt of bail which ought to be required, and thereupon
any justice attending, or being at the jail where such accu-
sed party shall be in custody, on production of such certifi-
ficate shdl admit him to bail in manner above mentioned, or
if it shall be inconvenient for the surety or sureties in such
case to attend at such jail to join with the accused person
in the recognizance the committing justice may make a du-
plicate of such certificate (S. 4), and upon the same b>jing
produced to any justice for the same county or place he
may take the recognizance of the surety or sureties in con-
formity therewith.
Same si^bject. 19. Upon such recognizances being transmitted to the
keeper of such jail, and produced, together with the cer-
TITLE XLII.J DUTIES OP MAGISTRATES IN CRIMINAL CASES. 659
tificate on the warrant of commitment, to a justice attend- Chap. 169.
ing or being at the jail, he may thereupon take the recogni- ^^^ ^ .
zance of the accused party and order him to be discharged out "ow transmit-
of custody as to that commitment as hereinafter mentioned, p^ *oVoct ;''""
20. In all cases where an accused party in custody shall loS^punih!"
be admitted to bail by a justice other than the committing able with death
justice, such justice so admitting him to bail shall forth- by'the lupeme
with transmit the recognizance of bail to the proper officer j°idgl'"^ *
or to the committing justice, to be transmitted by him, with
the examinations, to such officer. 'But no justice of the
peace shall admit any person to bail for treason, or a felony
punishable with death, nor shall such person be admitted to
bail except by the supreme court or by one of the justices
thereof
21. In all cases where a justice shall admit to bail a Warrants of de-
person who shall then be in prison charged with the offence su™'where a'^"
for which he shall be so admitted to bail, such iustice shall K^'^^^™^*
send to or cause to be lodged with the jailer a warrant of de-
liverance (S.5),andthereuponsuch jailer shall obej' the same.
22. When all the evidence offered upon the part of the n the eTidenoe-
prosecution shall have been heard, if the justice shall be the'party shall
of opinion that it is insufficient to put the accused party otheiwl'se'^ffo'''
upon his trial for any indictable offence, he shall forthwith shaii be com-
order such accused party, if in custody, to be discharged muted to ban..
as to the information then under inquiry ; but if he shall think
the evidence sufficient to put the accused party upon his
trial for an indictable offence, or if the evidence given raise
a strong or probable presumption of the guilt of the accu-
sed party, then the justice shall by his warrant (T ].) com-
mit him to jail until he shall be delivered by due course of
law, or admit him to bail as hereinbefore mentioned.
23. The constable or person to whom the warrant of Jailer to give
commitment shall be directed shall convey the person accu- recefpt°for the*'
sed to jail as therein dii'ected, and there deliver him to- Fngfcrt'hh""
gether with such warrant to the jailer, who shall thereupon |':§^jj^°'' ™°-
give a receipt (T 2) for such prisoner, setting forth the
state and condition in which such prisoner was when he was
so delivered into custody.
24. The several forms in the schedule to this chapter f^''^\jj^"™j'jf -
contained, or forms to the same effect, shall be valid. duie annexed.
SCHEDULE.
(A.)
Information and complaint for an indictable offence.
County of , )
to Avit: j"
The information and complaint of C. D., of , [yeo-
man,'] taken this day of , A. D. 18— ,. before the
undersigned, who saith that [cfcc, stating the offence.]
42
660 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PAET IV.
Chap. 169. Sworn before me, the day and year first above men-
■ ~ tioned, at .
J. S., J. P.
(B.)
Warrant to apprehend a person charged with an indictable
offence. •
To any constable or peace officer of the county of :
Whereas A. B., of , [laborer,] hath this day been
■charged upon "oath before the undersigned, for that he on
the day of , at , did [d:c. stating shortly
the offence .•] These are therefore to command you forth-
with to apprehend the said A. B., and to bring him before
me or some other of her majesty's justices of the peace in
and for the said county, to answer such charge, and to be
further dealt with according to law.
Given under my hand and seal at , this day
of at , A. D. 18—.
J. S., J. P. (seal.)
(0.)
Summons to a person charged ivith an indictable offence.
To A. B., of , [laborer. ■]
Whereas you have this day been charged before the un-
dersigned for that you on the day of , [d:c.
■stating the natii,re of the offence .•] These are therefore to
command you to appear before me on the day of
, at o'clock in the noon, at , or be-
fore some other justice or justices of the peace as may then
be there, to answer such charge, and to be further dealt
with according to law. Herein fail not.
Given under my hand and seal, at , this
,day of A. D. 18—.
J. S. J. P. (seal.)
(D.)
Warrant where the summons is disobeyed.
To any constable or other peace officer of the county of
Whereas on the day of , last past, A. B., of
-, [laborer^ was charged before the undersigned for that
[&c. as in summons .•] and whereas I then issued my sum-
mons to the said A. B., commanding him to appear before
me on the day of , at o'clock in the
noon, at , or before such other justice or' justices of
the peace as might then be there, to answer such a charge.
YITLE XLII.] DUTIES OV MAGISTRATES IN CRIMINAL CASES. '6'61
tind to be further dealt with according to law ; and whereas Chap. 16D.
'the *aid A. B. hath neglected to appear at the time and
place appointed by such summons, although it hath now
been proved to me upon oath that such summons has
been duly served upon the said A. B. : These are therefore
to command you forthwith to apprehend the said A. B. and
bring him before me or some other justice of the peace, to
answer such charge, and to be further dealt with according
to law. Herein fail not.
Given under my hand and seal, at , this
day of , A, D. IS—.
J. -S., J. P. (seal.)
(E.)
Warrant to apprehend a person charged wiih an indictable
offence committed on the high seas or abroad.
For offences committed on the high seas the warrant may
be the same as in ordinary cases, but describing the offence to
have been committed " on the high seas, out of the body of
any county of this province, and within the jurisdiction of
the admiralty of England."
For offences committed abroad for which the parties may
be indicted in this province, the warrant also may be the same
as in ordinary cases, but describing the offence to have been
committed " on land out of the province, to wit : at- — ■ ,
in the kingdom of , or " at , in the island of
, in the West Indies," or "at , in the East fo-
dies," ©r as the case may be.
(F.)
Certificate of indictment being found.
I hereby certify that at a court of oyer and terminer ahd
general jail delivery, [or a court of general sessions of the
^eace,] ' holden in and for the county of , at ,
in , a bill of indictment was found by the grand jury
against A. B. therein described as A. B. late of -^ '— ,
\laborer,] for that he [(fee, stating shortly the offence,] and
that the said A. B. hath not appeared and pleaded to the said
indictment.
Dated this day of ■ — , 18 — .
J. D.
Clerk [or deputy cleric] of the
crown, [or cleric of the peace.]
(G.)
Warrant to a2)prehend a person indicted.
To any constable or peace officer of the couty of-
Whereas it hath been duly certified by J. D., clerk [or
662 DUTIES OF HAGISTSATES IN CEISTmAX CASES. [PAET IT,
Chap. 169. deputy cleric] of the crown [or clerJc of the peace] that [&c,
stating the certificate r] These are therefore to coHimand yois
forthwith to apprehend the said A. B. and to bring him
before me or some other jiTstice or jiastices of the peacej,
to be dealt with according to law.
Given under my hand and seal^ at ^this day
of . — ,A. D. 18— .
J. S. J. P. (seal.)
(H.)
Warrant of comraitment of a person indicted.
To any constable of — , and to the keeper of the jail of
the county of :
Whereas, by warrant under my hand and seal,, dated the
-day of , after reciting that it had been certified
by J. D. [&c. as in the certificate,] I commanded the con--
stables and all other peace officers of the said county, forth-
with to apprehend the said A. B. and bring him before me
the undersigned, or before some other jmstice or justices of
the peace, to be dealt with according to law : and whereaS'
the said A. B. has been apprehended under such warrant,.
and being now brought before me, it is proTed upon oath
that the said A. B. is the same person who is named and
charged in and by the said indictment : These are therefore
to command yoia the said coBstable, forthwith to take and
safely convey the said A. B. to the jail at , in the
said county, and there to deliver him to the keeper thereof,,
together with this warrant ; and I hereby command you the
said keeper to receive the said A. B. into your custody iu
the said jail, and him there safely to keep until he shall be
thence delivered by due course of law.
Given under my hand and seal, at ^this day
of , A. D. 18~.
J, S., J, P. (seal.)
(I.)
fVarrant to detain a person indicted ivho is already in cus-
tody for another offence.
To the keeper of the jail at , in the county of -
Whereas it hath been duly certified by J. D., clerk [or
deputy clerk] of the crown [cyr clerJc of peace] for the county
of , \&c. stating the certificate :] And whereas I am
informed that the said A. B. is in your custody in the said
jail at , aioresaid, charged with some offence or other
matter ; and it being now proved upon oath before mo that
the said A. B.- so indicted and tlie said A. B. so in your cus-
torly.are one and the same person: these are tlierefore to
command you to detain the said A. B. in your custody
in the jail aforesaid,, until by writ of habeas corpus he
iriTLB SLII.J DUTIES •05' MAGISTRATES IS CRIMINAl, CASES. 663
flhall be removed therefrom for the purpose of being tried Chap. 1 09.
'upon the said iadietment, or until he shall be otherwise re-
moved or discharged oat of your custody by due course of
law.
Given under my hand and seal, at ^ this day
of — ■-, A. D. 18—.
J. S.,J.P. (seal.)
(K.)
Endorsement in bacJcing a warrant
Coimty of
to wit :
Whereas proof upon oath hath this day been made before
me, a justice of the peace for the said county of ,
that the name of J. S. to the within warrant subscribed, is
•the handwriting of the justice of the peace within men-
tioned, I do therefore hereby authorize W. T., who bringeth
-to me this warrant and all other persons to v/hom the same
was originally directed, or by whom it may be lawfully ex-
ecuted, and also all constables and other peace officer's of the
-said county to execute the same within the last mentioned
■county*, and to bring the said A. B., if apprehended within
the same county, before me, or before some other justice
or justices of the peace of the same Gounty^ to be dealt
with according to law.
Given .under my hand this day of ^ 18. — ■
J. S., J. P.
* The words foUomng the asterisk are to be used-oiily where the justice haclticg
ithe warrant shaU think lit.
(L. 1.)
Summons to a witiiess.
"To E. P. of , \ldborer :]
Whereas information hath been laid before the under-
signed that A. B. \_d:c.a.s in .the summons o?' warrani against '
ihe accused'] and it hath been made to appear to me upon
oath that you are likely to give material evidence for the
prosecution, these are therefore to require you to appear
before me on the — — day of ^ next at o'clock
in the noon, at , or before such other justice or
justices of the peace as may then be there, to testify what
you shall know concerning the said charge so made against
the said A. B. as aforesaid. Herein fail not.
Given under my hand and seal, at this day
oi , A. D. 1j8— . •
J, S., J. P. (seal)
664 duties op magistrates. in geiminal gases, [paet it-
Chap. 169.
(L. 2.)
Warrant where a lu'itness his^ not obeij&'i a summons.
To any constable or other peace officer of the county of
Whereas information having been laid before the under-
signed that A. B. [cfcc. as in summons'] and it having been-
made to appear to ifae upon oath that E; F. of , [Zo-
horer] was likely to give material evidence for the prosecu-
tion, I did issue my summons to the said E. F., requiring
him to appear before me at on the day of
, or before such other jiistice or justices of the peace
as might then be there^ to testify what he should know
I'especting the said charge against the said A. B. ; and
whereas proof hath this day been made before me, upo&
oath, of such summons having been served upon the said
E. F., and whereas the said E. F. hath neglected to appear-
at the time and place appointed by the said summons, and
no just excuse has been offered for such neglect : these are
therefore to command you to bring the said E. F. before me-
at ■ on the day of at o'clock in the-
noon, or before such other justice or justices of the
peace as may then be there to testify what be shall know
concerning the said charge so made against the said A. B'.
as aforesaid.
Given under my hand and seal, at this day-
of , A. D. 18—.
J. S., J. P. (seal.)
(L.. 3.)
Warrant for a witness in the Jirst instance^
To any constable or other peace offic-er of the county
of
Whereas information hath been laid before the under-
signed that [(fee. as in swinmionsy] and it having been made
to appear to me upon oath that E. F. of ■ [labo7'er~l
is likely to give material evidence for the prosecution, and
that it is probable that the said E. F. will not attend to give
evidence without being compelled so to do ; these are
therefore to command you to bring the^ said E. F. before-
me at , on the day of , at o'clock in,
the noon, or before such other justice or justices of
the peace as may then be there, to testify what he shall
know concerning the said charge so made against the said
A. B. as^aforesaid.
Given under my hand and seal, at , this day
of , A. D. 18— .
J. S., J. P. (seal.))
TITLE XLII.] DUTIES OF MAGISTBATES IN CRIMINAL CASES. 665
(L. 4.) Chap. 169
Warrant of commitment of a ivitness for refusing to be sworn
or to give evidence.
To any constable of , and to the keeper of the jail
at , in the county of :
Whereas A. B. was lately charged before the undersigned
for that [cC'c. as in the summons] and it having been made
to appear to me iipOn oath that E. F. of ■ — was likely
to give material evidence for the prosecution, I duly issued
my summons to the said E. F. requiring him to appear be-
fore me at ■ on the daj^ of , or before
such other justice or justices of the peace as should then
be there, to testify what he should know concerning the
said charge ; and the said E. F. now appearing before me
[or being brought before me by virtue of a loarrant in that be-
half to testify as aforesaid] and being required to make
oath or afSrmation as a witness in that behalf hath now re-
fused so to do [01^ being duly sworn as a witness doth noio
refuse to anstuer certain questions concerning the premises
which are here put to him] without offering any just excuse
for such his refusal : these are therefore to command yoxi the
said constable to take the said E. F. and him safely convey
to the jail at ■ — , in the county aforesaid, and there de-
liver him to the keeper thereof, together with this warrant ; •
and I do hereby command you the said keeper of the said
jail to receive the said E. F. into your custody in the said
jail, and him there safely keep for the space of days,
for his said contempt, unless he shall in the meantime con-
sent to be examined and to answer concerning the premises,
and for so doing this shall be your sufiicient warrant.
Given under my hand and seal, at , this day
of A.D.I 8—.
J. S., J. P. (seal.)
(M.)
Depositions of witnesses.
County of-
to wit :
1
The examination of C. D. of \_farmer,] and E. F. of
[laborer,] taken on oath this day of , A.D.
18 — , at , in the county aforesaid, before the under-
signed, in the presence and hearing of A. B., who is charged
this day before me, for that he the said A. B. at , on
the day of , [c6e. describing the offence as in a
laarrant of commitment.]
This deponent, C. D. on his oath saith as follows : \_&c.
stating the deposition of the witness as nearly as possible in
the words he uses. When his deposition is complete let him
sign it.]
666 DUTIES OP MAGISTRATES IN CRIMINAL •CASES. [PART IV.
Chap. 169. And this deponent, E. F. upon his oath, saith as follows:
-^ [dc.-]
The above depositions of C. D. and E. P. were taken
and sworn before me at — ■, on the day and year first
above mentioned.
J. S., J. P.
(N.)
Statement of the accused.
A. B. stands charged before the undersigned, one of her
majesty's justices of the peace for the county of ,
this day of A. D. 18 — , for that he the said A.
B. at , on the day of , [dc. as in the cap-
tion of the depositions ;] and the said charge being read to
the said A. B., and the witnesses for the proseciition, C. D.
and E. P. being severally examined in his presence, the said
A. B. is now addressed by me as follows : " Having heard
the evidence do you wish to say anything in answer to the
charge ? You are not obliged to say any thing unless you
desire to do so ; but whatever you say will be taken down
in writing, and may be given in evidence against j^ou upon
your trial," whereupon the said A. B. saith as follows :
[^Here state ivhatever the prisoner may say, and hi Ms very
ivords, as nearly as possible, — get him to sign it if he ivill.']
A. B.
Taken before me at , on the day and year first
above mentioned.
J. S., J. P.
(0. 1.)
Becognizance to prosecute or give evidence.
-\
County of —
to wit :
Be it remembered that on the day of , A. D.
18 — , C. D. of . in the said count)', [farmer] person-
ally came before me, a justice of the peace for the said
county, and acknowledged himself to owe to oiir sovereign
lady the queeh, the sum of pounds, to be levied of
his goods and lands, to the use of our said lady the queen,
her heirs and successors, if he the said C. D. shall fail in the
condition hereof
Taken and acknowledged the day and year first above
mentioned, at , before me.
J. S., J. P.
Condition to prosecute.
The condition of this recognizance is such, that whereas
one A. B. was this day charged before me, J. S., a justice of
TITLE XLII.] DUTIES OF MAGISTEATES IN CBIMINAL CASES. 667
the peace for that [d:c., as in the caption of the depositions.] Chap. 169.
If, therefore, he the said C. D. shall appear at the next court
of oyer and terminer or general jail delivery, [or at the next
court 0/ general sessions of the peace,] to be holden in and
for the cotinty of ,* and there prefer, or cause to be
preferred, a bill of indictment for the offence aforesaid "
against the said A. B., and there also duly prosecute such
indictment, then the said recognizance to be void.
Condition to prosecute and give evidence.
Same as in the last form to the asterisk (*), and then thus :
"and there prefer, or cause to be preferred, a bill' of indict-
ment against the said A. B. for the offence aforesaid, and
duly prosecute such indictment and give evidence thereon,
as well to the jurors who shall then inquire of the said of
fence as also to those who' shall pass upon the trial of the
said A. a., then the said recognizance to be void."
Condition to give evidence.
Same as in the last form hut one to the asterisk [*), and
then thus : " and there give such evidence as he knoweth
upon a bill of indictment to be then and there preferred
against the said A. B. for the offence aforesaid, as well to
the jurors who shall there inquire of the said offence as
also to the jurors who shall pass upon the trial of the said
A. B., then the said recognizance to be void."
(0. 2.)
Notice 0/ the recognizance to he given to the prosecutor and his
witnesses.
County of ^ )
to wit : j
Take notice that you, C. D. of , are bound to ap-
pear at the next court [where the offence is to he tried] to be
holden at , in the said county, and then and there
[prosecute and] give evidence against A. B. ; and unless
you then appear there and [prosecute and] give evidence
accordingly, the recognizance entered into by you will be
forthwith levied on you. Dated this day of ,
A. D. 18—.
J. S., J. P.
(P. 1)
Commitvfient of a witness for refusing to enter into the
recognizance.
To any constable of , and to the keeper of the jail at
, in the county of :
Whereas A. B. was lately charged before the under.^igned
for that [&c., as in the summons to the witness,] and it having
668 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PART IV.
Chap. 169. been made to appear to me upon oath that E. F. of ■
■ was likely to give material evidence for the prosecution, I
duly issued my summons to the said E. ¥., requiring him to
appear before me at , on the day of , or
before such other justice or justices of the peace as should
then be there, to testify what he should know concerning
the said charge made against the said A. B. ; and the said
E. F. now appearing before me [or being brought before me
by virtue of a warrant in that behalf] to testify as aforesaid,
hath been now examined by me touching the premises, but
being required by me to enter into a recognizance condi-
tioned to give evidence against the said A. B. hath now re-
fused so to do : these are therefore to command you, the
said constable, to take the said E. F., and him safely convey
to the said jail at , in the county aforesaid, and there
deliver him to the keeper therepf, together with this war-
rant ; and I do hereby command you, the keeper of the said
jail, to receive the said E. F. into your custody in the said
jail, and safely keep him until after the trial of the said A. B.
for the offence aforesaid, unless in the meantime he shall
duly enter into sucTi recognizance as aforesaid in the sum
of pounds, before some justice of the peace for the
said county, conditioned in the usual form to appear at the
next court of {oyer and terminer or general jail delivery, or
general sessions of the peace) to be holden in and for the
county of , and there to give evidence before the
grand jury upon any bill of indictment which may then and
there be preferred against the said A. B. for the offence
aforesaid, and also to give evidence upon the trial of the
said A. B. for the said offence, if a true bill should be found
against him for the same.
Given under mv hand and seal at , this day
of , A. D. 18—.
J. S., J. P. (seal.)
P. 2.)
Subsequent order to discharge the witness.
To the keeper of the jail at , in the county of-
Whereas by my order dated the day of , A.
D. 18 — , reciting that A. B. was lately charged before me
for a certain offence therein mentioned, and that E. P. having
appeared before me and being examined as a witness for the
prosecution in that behalf, refused to enter into a recogni-
zance to give evidence against the said A. B., and I therefore
committed the said E. F. to your custody, and required you
to safely keep him until after the trial of the said A. B. for
the offence aforesaid, unless in the meantime he should enter
into such recognizance as aforesaid ; and whereas for want
of sufficient evidence against the said A. B. he has not been
committed or holden to bail for the said offence, but on the
TITLE XLII. DUTIES OP MAGISTHATES IN CRIMINAL CASES. Gt)!)
contrary thereof has since been discharged, and it is there- Chap. 16&.
fore not necessary that the said E. F. should be detained'
longer in your custody : These are therefore to order and
direct you the said keeper to discharge the said E. F. out of
your custody as to the said commitment, and suffer him to
go at large.
Given tinder my hand and seal, at , this d^ay
of , A. D. 18—.
J. S., J. P. (seal.)
(Q. 1.)
Warrant remanding a prisoner.
To any constable of and to the keeper of the jail at
■ , in the county of :
Whereas A. B. was this day charged before the under-
signed for that [<£c. as in the luarrant to apprehend,~\ and it
appears to me to be necessary to remand the said A. B. r
These are therefore to command you the said constable
forthwith to convey the said A. B. to the jail at , in
the said county, and there to deliver him to the keeper
thereof, together with this warrant ; and I hereby command
you the said keeper to receive the said A. B. into your cus-
tody in the said jail, and there safely keep him until the
(ky of r^i^*^*^'^t, when I hereby command you to have
him at , at o'clock in the nooit of the same-
day before me or before such other justice or justices of the
peace as may then be there, to answer further to the said!
charge, and to be further dealt with according to law, unless
you shall be otherwise ordered in the meai>time.
Given under my hand and seal, at ,this day
of , A. D. 18—
J. S., J. P. (seal.)
(Q. 2.)
Becognkance- of bail instead of remand on an adjournment of
examination.
County of , I
to wit : ]
Be it remembered that oh the day of ,, A. D.,
18— , A. B. of , [laborer,'] L. M. of , [grocer,]
and N. 0. of , [butcher,] personally came before me
and severally acknowledged, themselves to owe to our lady
the queen the several sums following, that is to say : the said
A. B. the sum of , and the said L. M. and N. 0. the-
sum of each, to be levied of their several goods and
lauds respectively to the use of our said lady the queen, her
heirs and successors,, if he the said A.. B. fail in the condition
SkereofL
670 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PABT IV.
Chap. 169. Taken and acknowledged -the day and year first above
mentioned, at , before me.
J. S., J. R
(Condition.
The condition of this recognizance is such, that whereas
the said A. B. was this day, [or on the day of
last past, '\ charged before me for that \_&c. as in theioar-
rant ;] and whereas the examination of the witnesses for
the prosecution in this behalf is adjourned until the
day of A. D. 18 — , if therefore the said A. B. shall
ajjpear before me on the said day of , at o'clock
in the noon, or before such other justice or justices of
the peace as may then be there, to answer further to the
said charge, and to be further dealt with according to law,
then the said recognizance to be void.
(Q. 3.)
J^oiice of recognizance to be given to tlie accused and his
sureties.
Take notice that you A. B., of , are bound in the
sum of , and your sureties L. M. and N. O., in the sum
o*f each, that you A. B. appear before me J. S., at
, on the day of A. D., 18 — , at
• o'clock in the noon, or before such other justice
or justices of the peace as may then be there, to answer
further to the charge made against you by C. D., and to be
further dealt with according to law ■; and unless you A. B.
personally appear accordingly, the recognisances entered
into by yourself and sureties, will be forthwith levied on
you and them. Dated this day of , A. D. 18 — .
J. S., J. P.
(Q- 4.)
{Jertificaie qf yuon-appearance to he endorsed on ilie recog-
nizance.
I hereby certify that the said A. B. hath not appeared at
the time and place in the above condition mentioned, but
therein hath made default by reason whereof the within
written recognizance is forfeited.
X S., J. P.
(E. 1.)
Warrant io corwey ilve, accused before a Justice of ilie county^
dec. in which the offence was committed.
To any constable or peace officer of the county of :
Whereas A. B. of , {laborer,'] hath this day beeiii
changed before the .undersigned, for that [&c. as inthewar-
TITLE XLII,] DUTIES OP MAGISTRATES IN CRIMINAL CASES. 671
rant to apprehend :'] and whereas I have taken the deposi- Chap. 169.
tiou of C. D., a witness examined by me in this behalf; but
inasmnoh as I am informed that the principal witnesses to
prove the said offence against the said A. B. reside in the
county of , where the said offence is alleged to have
been committed : these are therefore to command you
forthwith to take and convey the said A. B. to the said
county of , and there carry him before some justice
or justices of the peace in and for that county, and near
where the offence is alleged to have been committed, to
answer further to the said charge before him or them, and
to be further dealt with according to law ; and I hereby
further command you to deliver to the said justice or jus-
tices the information in this behalf, and also the said depo-
sition of C. D. now given into your possession for that pur-
pose, together with this warrant.
Given under my hand and seal, at , this day
of ,A.D.18— .
J. S., J. P. (seal.)
(R. 2.)
Order for payment of the constable's expenses.
To R. W., esquire, treasurer of the county of ■
Whereas W. T., constable of , in the county of
hath, in obedience to a certain warrant of J. S.,
esquire, a justice of the peace for the county of •
taken and conveyed one A. B., charged before the said J.
S. with having [tC'c, stating shortly the offence,'] from ,
in the said countj^ of , to , in the said county
of , a distance of — — miles, and produced the said
A. B. before me, S. P., one of her majesty's justices of the
peace in and for the county of- , and delivered him
into the custody of by my direction 'to answer to
the said charge, and further to be dealt with according to ^
law ; and whereas the said W. T. hath also delivered to me
the said warrant together with the information in that be-
half, and also the deposition of C. D. in the said warrant
mentioned, and hath proved to me iipon oath the hand-
writing of the said J. S. subscribed to the same ; and where-
as I have ascertained that the sum which ought to be paid
to the said W. T. for conveying the said A. B. from the said
county of to the said county of and taking
him before me is the sum of , that the reasonable
expt'nses of the said W. T. in returning will amount to the
further sum of , making togetlier the sum of :
The-^e are therefore to order you as such treasurer of the
said county of , to pa^y unto the said W. T. the said
sum of , for which payment this order shall be yo;;r
sufiicient voucher and authority.
672 DUTIES OP MAGISTRATES IN CRIMINAL CASES. [PART IV.
Chap. 169. Given under my hand, this day of A.
D. 18—.
J. S., J. P.
(SI.)
Recognizance of bail.
Be it remembered that ' on the day of ^ , A.
D. 18 — , A. B. of , (laborer,) L. M. of ■ — , (grocer,)
and N. 0. of , (butcher,) personally came before me,
the undersigned, a justice of the peace for the said county,
and severally acknowledged themselves to owe to our lady
the queen the several sums following, that is to say : the
said A. B. the sum of , and the said L. M. and N. 0.
the sum of each, to be levied of their several goods
and lands respectively, to the use of our said lady the queen,
Ler heirs and successors, if he the said A. B. fail in the
condition hereof
Taken and acknowledged the day and year first above
mentioned, at , before me.
J. S., J. P.
fyr
on ol
'ndition in ordinary cases.
The condition of this recognizance is such, that whereas
the said A. B. was this day charged before me, the justice
therein mentioned, for that [c&c. as in the warrant ;'\ if thei-e-
fore the said A. B. will appear at the next session of oyer
and terminermnd general jail delivery, [or court of general
sessions of ihm]peace,'\ to beholden in and for the county
of — , afd there surrender himself into the custody
of the keeper of the jail there, and plead to such indictment
as may be found against him by the grand jury, in respect
of such charge, and take his trial upon the-^me, and not
depart the court without leave, then the said recognizance
to be void.
(S. 2.)
Notice of the said recognizance to be given to the accused and
his baiL
Take notice that you A. B. of , are bound in the
sum of ■, and your sureties L. M. and N. 0. in the sum
of each, that you A. B. appear, [tfic. as in the condi-
tion of the recognizance,'] and not depart the said court with-
out leave; and unless you the said A. B. personally appear
and plead, and take your trial accordingly, the recognizance
entered into by you and your sureties shall be forthwith
levied on you and them.
Dated this day of- , A. D. 18—.
J. S., J. P.
TITLE XLII.] DUTIES OF MAGISTRATES IN CRIMIXAL CASES. 673
(S.3.) Chap. 169.
Certificate of consent to hail hy the committing fUsMce
endorsed on the commitment.
I hereby certify that I consent to the within named A. B.
being bailed by recognizance, himself in and [two']
sureties in each.
(S.4.)
J. S., J. P.
TJie like on a separate paper.
Whereas, A. B. was on the -— — ■ day of , A. D.
18 — , committed by me to the jail at — -, charged with
[naming the offence shortly.'] I hereby certify that I consent
to the said A. B. being bailed by recognizance, himself in
and [two] sureties in each. Dated this
day of , A. D. 18—.
J. S.. J. P.
(S. 5.)
'Warrant of deliverance on hail being giym for a prisoner
already committed. A
To the keeper of the jail at , in the <iiunty of — :
Whereas A. B. late of , {laborer,) hath before me a
justice of the peace for the said county, entered into his
own recognizance, and found suflScient sureties for his ap-
pearance at the next court of oyer and terminer and gene-
ral jail delivery, (or court of general sessioi^ of the peace,)
to be holden in and for the county of >, to answer our
sovereign lady the queen, for that {dc. as in the commit-
ment,) for which he was taken and committed to your said
jail : these are thei;efore to command you, that if the said
A. B. do re^in in your custody in such jail for the said
cause, and im ao other, you shall forthwith suffer him to
go at large. / t,- i
Given under my hand and seal at , this day
of , A.D. 18—.
J. S., J. P. ' (seal.)
(T.)
Warrant of commitment.
To any constable of , and to the keeper of the jail at
, in the county of :
Whereas A. B. was this day charged before me J. S., a
justice of the peace in and for the said county, on the oath
of C. D. of , (farmer,) and others, for that {d;c. sta-
ting shortly the offence :) These are therefore to command
you the said constable to take the said A. B. and him safely
674 DUTIES OF MAGISTRATES IN CEIMINAL CASES. [PAET V.I
Chap. 169. convey to the said jail, and there deliver him to the keeper
thereof, together with this warrant; and I do hereby com-
mand you the keeper of the said jail to receive the said A.
B. into your custody in the said jail, and there safely keep
him until delivered by due course of law.
Given under my hand and seal, at , this day
of , A. D. 18— .
J. S., J. P. (seal.)
(T. 2.)
Jailor's receipt to the constable for the prisoner, and justice's
order thereon for payment of the constable's expenses
in excuting the commitment.
I hereby certify that I have received from W. T., con-
stable of , the body of A. B., together with a warrant
under the hand and seal of J. S., esquire, a justice of the
peace for the county of , and that the said A. B. was
[sober, bruised, or as the case maybe'] at the time he was so
delivered into my custody.
P. K., jailer.
675
APPENDIX.
AN ACT TO AMEND THE ACT TO ESTABLISH A MORE EQUAL
AND JUST SYSTEM OP ASSESSMENT, AND THE ACT IN
AMENDMENT THEREOF.
(Passed the 7tli day of May, A. D. 1868. )
Be it enacted by the governor, council, and assembly, as
follows :
1. For the present year the assessment for county and Assessments for
poor rates in all the counties of this province, which have poor rates'to be
not carried out the provisions of the act hereby amended, ^p'Jf 46°and 89
shall be made and collected under chapters forty-six and "^- ^'^'■
eighty-nine of the revised statutes, and in the same manner
as if the act hereby amended had not passed : and in such inoaseprooeed-
counties all proceedings of the court of sessions and of act hereby
county and town officers, already taken in conformity with b^iftaken*^*
such chapters, are legalized and confirmed. And the as-
sessment for poor and county rates in the counties in which
such assessment shall have been made only partially in con-
formity with such act, shall, as to the remaining provisions
of such act, be made and collected under such clauses of
said chapters forty-six and eighty-nine, as it shall be neces-
sary to resort to for the purpose of completing and collect-
ing such assessment. And in the last mentioned counties
such assessment, and the proceedings thereunder are legal-
ized and confirmed.
AN ACT TO AMEND CHAPTER TWO OF THE REVISED
" OP EXECUTIVE AND LEGISLATIVE DISABILITIES."
(Passed the 7th day of May, A. D. 1858.)
Be it enacted by the governor, council, and assembly, as
follows :
1. In addition to the persons named in the said chapter, and ^Sdges' or
the following persons holding the situations hereinafter P.™^*'e lisqua
mentioned within this province, by themselves or deputies, ooming'^Sem-*
or by others in trust for them or for their benefit, shall be gfs7atiye*or*exe
incapable of being appointed to, or holding seats in, the ex- ""'i^e council,
,K ., ° ^S , . ' • , 1 ,° /. •.,• or house of as
ecutive council ; or of being apppomted to, or of sitting or sembiy.
43
676 APPENDIX.
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,
aetf when uf ^' ^^^^ ^^^ shall not come into operation until the disso-
eommence, &c. lution of the present house of assembly shall have been no-
tified by proclamation in the royal gazette, and thereafter
no person holding either of the offices mentioned in the pre-
ceding section shall continue to hold a seat in the legisla-
tive 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 can-
didate at such election, resign such of the above named
offices as he may then hold, and shall signify such resigna-
tion to the provincial secretary.
AN ACT TO ESTABLISH THE BOUNDARY LINE BETWEEN THE
PEOVINCES OF NOVA SCOTIA AND NEW BEUNSWICK.
1 (Passed the 7th day of May, A. D. 1858.)
Be it enacted by the governor, council, and assembly, as
follows :
ijineofdiTisioni 1. The line of divisiou 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 Eiver 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 eighty-
eight 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 de-
grees 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 ninety-four chains
and forty links to Tidnish bridge ; thence following the
several courses of the Tidnish river along its northern up-
land 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-
APPENDIX. Q'J'J
gable waters and control of the Tidnish river. Provided Proviso,
that nothing in this act shall in any way affect any suits at
law pending foror in respect of lands which have heretofore
been deemed within the province of Nova Scotia.
AN ACT TO AMEND THE JURY LAW.
(Passed the 7tli day of May, A. u. 1858.)
Be it enacted by the governor, council, and assembly, as
follows :
1, All jury panels, whether grand or petit, drawn from ^", J"''^ p^*""'^
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 pro-
thonotary 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 : •
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 ^oTTsum'^no't
borrow and receive from such banks such sums of monev exceeding
, J? XI r J.1 • ■ 1 £30,000.
as may be necessary lor the use oi the province, in such
amounts as may from time to time be required, under, such
conditions and upon such terms, stipulations, and agree-
ments 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 aliy 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 Money how
to time in such sums and under such restrictions and regu- drawn.'
lations as may be prescribed by the governor in council, ^
with the consent of the lenders thereof.
3. For the repayment of all monies borrowed under this J^epayment.
act and for the final payment and discharge of the balance
which shall be remaining due and unpaid on the final closing
678 APPENDIX.
of the accounts with such lender, with interest, the public
funds, monies and credits of this province, are hereby
pledged and rendered liable,
fo'belaidbffore ^" -^° accouut of jail sums borrowed or repaid under
Committee of this act, with the date of the loans and repayments respec-
Legisiature. tively, 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.
INDEX
TO THE
REVISED STATUTES
[SECOND SEBIBS.l
ABATEMENT. See limitation of actions.
in suits against joint debtors,
replication to plea of— in joint debtor suits,
in indictments against criminals,
in cases in the supreme court,
ABDUCTION of girls under sixteen years,
ABSENT OR ABSCONDING DEBTORS—
writs of summons and attachment may issue for £5 and
upwards,
what affidavit to contain — how sworn — declaration how and
when filed and served,
writ to be endorsed with sum in words at length and signed, —
before whom affidavit is made,
sheriff to levy for thirty pounds in declaration suits, and seven
pounds in summary suits,
goods in agents hands bound by service of process for debt
and costs,
good&exhibited to sheriff to be appraised, and so much as may
be sufficient to pay debt and costs levied on,
perishable goods may be sold by order of a judge or prothono-
tary unless security for their value be given,
a subsequent attacher or otherwise may contest the attach-
ment on certain grounds, «..
attachment may beset aside on application of objecting party
on affidavit setting out facts and circumstances on which
motion is made — and of merits,
court.may direct a trial by jury of disputed facta, and may
order attachment to be set aside in whole or in part,
proceedings between two adverse claimants not affected by
any plea or act of defendant in prior suit, nor by a judg-
ment therein,
court may order security for costs — ^may award Costs to either
party and execution therefor,
defendant may appear to action any time during first term,
giving notice to plaintiff but not after, without leave of
court or judge,
assessment of damages, how and when made.
Cap.
Beo.
Pagk
153
3
600
142
6
574
142
7
574
168
7
631
134
41
492
162
18
619
141
1
569
141
2
570
141
3
570
141
4
670
141
5
570
141
6
570
141
7
570
141
8 570
141
9
570
141
10
571
141
11
571
141
12
571
141
13
571
141
14
571
680
INDEX.
ABSENT OR ABSCONDING DEBTORS, {Continued)
damages claimed under twenty pounds, how assessed
agents filing declaration and submit to examination, which
if satisfactory, to be discharged with reasonable costs, to
be taxed, &c.
in summary cases agents, only entitled to costs of travel and
attendance, &o.
agent or trustee when to appear,
proceedings where agent fails to appear,
special bail may be put in, and property relieved from attach-
ment,
no trial to be had unless real estate or goods be attached, or
unless agent or truBtee admit goods or credits in his pos-
session or control,
defendant entitled to a rehearing within three years,
execution may issue against agent who has acknowledged
having goods and credits — after judgment against absent
or absconded debtor,
security to be given before execution issue against absent or
absconded debtor,
agent not liable to principal for value of goods taken under
process of law,
sections 14, 15 and 17, not to apply to cases pending on 18th
April, 1856,
companies or bodies corporate doing business out of the pro-
vince how to \)e sued,
agent may be allowed time to communicate with principal,
judgment against company or body corporate — liability of
agent to respond — agent if required to disclose on
oath,
agent may be examined,
plaintiff may proceed by attachment, if he desire security
previous to judgment — mode of proceeding in such case,
nothing in last five sections to prevent judgment from having
the same efiect as a judgment or execution in other cases.
ACCESSORIES. See post office,
criminal justice,
factors and agents,
ACTS—
all deemed public,
commencement of,
evidence of,
may be repealed and altered in same session,
revived by express enactment only,
repealed, proceedings under, may be continued under new,
construction of — rules to be observed, meaning of terms,
and words therein,
how penalties to be recovered when no mode prescribed
therein,
power in — to appoint includes filling vacancies.
Cap.
141
141
141
141
Sbc. Fagb.
15 571
16
30
571
141
16
571
141
17
571
141
18
572
19 572
141
20
572
141
21
572
141
22
572
141
23 •
572
141
24
572
141
25
572
141
26
572
141
27
573
141
28
573
141
29
573
573
141
31
573
23
—
85-89
168
—
630
80
12
307
1
2
2
2
3
2
4
2
5
2
6
2
1
7
4
60
—
209
161
1
616
161
2
616
161
3
616
161
4
616
161
5
616
161
6
616
161
8
617
143
—
575
1
7
4
INDEX. 681
Cap. Seo. Page.
ACTS, (Continued) '
effect of declaration in — that any matter is to form a county
charge, — effect of deviation of forms prescribed by,
ACADEMIES. See public instruction,
ADMINISTRATION OF JUSTICE ; offences against,
punishment for assaulting a peace or revenue officer,
aiding the assaulting party,
resisting the apprehension of a party by shoot-
ing at, stabbing, &c.,
perjury or subornation of perjury,
rescue or breach of prison,
false orders, certificates, &c. , of public records,
stealing or injuring documents connected vfith
the administration of justice, 161 7 617
corruptly taking any revrard for helping a
party to a chattel, security, &c., except
such person shall cause offender to be
apprehended, &c.
ADMINISTRATORS. See executors.
AFFIRMATION ; Quakers and Moravians may affirm.
AGRICULTURE and Rural Economy-
central board of agriculture how appointed 96 I 360
board of agriculture to dravr money — application of money
and accounts,
duty of board,
amount granted to each county — how to be divided in county
and what conditions,
application of grants,
account of societies to be rendered to board under oath,
destruction and growth of weeds to be regulated by gessions,
inspectors to be appointed by sessions to carry out rules and
regulations in last section — sessions to make rules and
regulations applicable to lands, highways, streets, lanes
and cemeteries, whether owned by trustees, &c., present
or absent from the province, 96 8 362
duties of inspectors — district to be fixed and penalties on
inspectors,
remuneration of inspectors,
fines to be paid Into county treasurer.
ALIENS—
may be naturalized by act of assembly — oath, 32 1 148
copy and duplicate of oath to be filed by officer of supreme
court, 32 2 148
certificate that oath of allegiance has been taken, to be
given by officer of court, 32 3 148
may take, hold, convey and transmit real estate, 32 4 148
title to real estate not to be invalid on account of alienage
of former ovfner, 32 5 148
provisions of this chapter 32 not to validate title or claim
of alien previous to 31st march 1854, 32 6 148
96
2
360
96
3
360
96
4
361
96
5
361
96
6
361
96
7
362
96
9
362
96
10
362
96
11
362
682 INDEX.
Cap. Sec. Pam.
ANIMALS, noxious — destruction of :
sessions, with grand jury's approval, may make rules and
establish rewards for killing of bears, wolves, loup-
cerviers, &c. 93 1 354
proceedings necessary to be taken before obtaining bounty
for killing wolf — no bounty for wolf takep from mother's
womb,
justices if satisfied shall deliver certificate to party entitled
after burning ears and scalp of wolf,
bounty of £5 shall be paid from treasury to party entitled, on
production of necessary certificate and affidavit,
ANfflGONISH ; towpath at — how kept in repair.
APPEALS ; to be granted in all cases except otherwise provided.
APPRENTICES. See masters, apprentices and servants.
ARBITRATION—
when power of arbitrators irrevocable — judge may enlarge
time for award,
attendance of witnesses how enforced,
person not compelled to produce any document which he could
not be compelled to do at a trial ; nor to attend more than
two days consecutively,
arbitrators may administer oaths to witnesses,
arbitrators appointed under a naked submission, justice of
peace may administer oaths in presence of one or more of
them,
award how enforced under submission by rule of court,
judge may allow reasonable fees to arbitrators when taxing
costs, 146 7 580
ARMY AND NAVY ; offences relating to-
procuring or soliciting desertion from her majesty's service or
knowingly concealing deserters, punishable by fine or
imprisonment for want of payment, 156 1 610
buying, exchanging or detaining regimental necessaries, &c.,
punishable by fine or imprisonment, in default of pay-
ment,
penalty for receiving necessaries from marines and seamen,
except in Haliflix, forfeitures under preceding sections recover-
able by summary process before two justices — appropri-
ation of forfeitures,
appeal allowed — examination of witnesses about to leave the
province,
apprehension of persons suspected of being deserters — and
examination of,
a warrant necessary before any building can be entered in
search of deserters,
justice of peace to issue warrant,
ASSESSMENT, county— '
mode of appointment of county treasurer — shall continue to
hold office until successor appointed, 46 1 170
93
2
354
93
3
354
93
4
354
78
30
299
1
7
4
125
—
406
146
1
580
146
2
580
146
3
580
146
4
580
146
5
580
146
6
580
156
2
610
156
3
611
156
4
611
156
5
611
156
6
611
156
7
611
156
8
612
46
4
171
46
5
171
46
6
171
46
7
171
46
8
171
INDEX. 683
Cap. Sec. Page
ASSESSMENT , ( Continued. )
grand jury to present sums necessary for public purposes —
may include remuneration for their own attend-
ance and travel, , 46 2 170
upon certified petition of twenty freeholders, may
make presentments for local and special pur-
poses— such sums when confirmed by sessions
to be added to assessment ; sessions may make
regulations for and appoint keepers of public
buildings and property, 46 3 170
in case of neglect of grand jury to make presentments for
specified purposes, the justices in session shall
amerce county,
apportionment of assessment upon townships and places,
amount to be assessed on Halifax city to be collected as other
city rates, and be held payable to order of sessions — city to
be exempted from operation of certain sections of chapter,
mode of appointment of assessors and collectors,
to be appointed by the sessions in cases of amercement,
assessors to be notified of appointment, and fined for refusing
to act, 46 9 172
assessors shall return with roll the time spent in their duties,
and shall receive compensation to form a county charge,
what property and persons shall be liable to taxation,
definition of terms " land " and " real estate,"
" personal estate," " personal property,"
and " property,"
what property shall be exempt from taxation,
poll tax to be levied in what proportions and upon whom —
shall not exceed one shilling and sixpence on any indi-
vidual,
rules for guidance of assessors in making up assessment rolls,
time within which assessment roll is to be made,
lands of non-residents — how to be designated,
all real and personal property to be estimated at its full value,
rolls to be completed on or before the 10th January annually, •
and certified by assessors or a majority of them, 46 20 174
certified roll to be forwarded to dark of the peace, and a certi-
fied copy to be posted up in townships or districts,
rules for making county and poor rates from roll,
clerk of peace to make out county rate, and when in each year,
part of roll applicable to poor-rate to be transmitted to clerk
of each poor district, to make out poor-rate from,
when clerk of poor district to make out poor-rate,
particulars required to be set down on assessment roll,
roll to be delivered to collectors by clerk of the peace,
collectors' roll of poor-rates to be delivered to collectors by town
clerk or clerk of poor district, 46 28 175
collectors of poor-rates and clerk of poor district to be chosen
by inhabitants under section 15 of chap. 89, 46 29 175.
44
46
10
172
46
11
172
46
12
172
46
13
172
46
14
172
46
15
172
46
16
173
46
17
173
46
18
173
46
19
173
46
21
174
46
22
174
46
23
174,
46
24
174-
46
25
174
46
26
174-
46
27
175
684
INDEX,
Cap. Sec. Page.
ASSESSMENT. (Continued.)
collectors of poor or county rates shall receive taxes assessed on
property of non-residents if tendered in time, 46 30 175
when non-resident owner is known, collector to transmit by
post a statement and demand of taxes, 46 31 175
if taxes unpaid within twenty days, jufitices on application of
collector shall issue warrant to sell materials on land, 46 32 175
when non-resident owner is unknown to collector, mailing of
notice and demand not required, and warrant may issue, 46 33 175
where no property exists to satisfy collector, justices to certify
fact, and no further steps to be taken, 46 34 175
collector to levy warrants by selling sufficient to pay rates and
expenses, having reference to proprietor's advantage, 46 35 175
. purchasers under such sale to have a right of entry to remove
materials within one year, 46 36 176
public notice of sale and description of property to be given by
collector, 46 37 176
if surplus remain, to be paid to county treasurer, 46 38 176
if collector unable to collect amount under warrant, the same
to be returned to county treasurer, 46 39 176
collector to return to county treasurer so much of roll of lands
of non-residents as relates to unpaid taxes or surplus with
certificates given to him under 34th section, 46 40 176
county treasurer to keep record of description of such lands
with charges "thereon, which shall be a lien on lands at
certain per-centage, 46 41 176
book containing such entries to be laid annually before
sessions who shall have power to order sale of land
sufficient to pay lien — no sale to take place until rates
unpaid three years, 46 42 177
■when sale ordered, sheriff to sell under warrant from clerk of
peace, 46 43 177
sheriff to sell sufficient to pay taxes and expenses, in same
1 manner as sales under judgment in supreme court, and to
return warrant and pay over proceeds in one month,
■ sheriffs deed to be prima facie evidence of title conveyed
to grantee, 46 44 177
county treasurer to note surplus in book and add same to
general fund to be paid to order of party entitled, 46 45 177
.county treasurer on receipt of taxes of non-residents to pay
•I .over to overseer of poor their proportion, 46 46 177
no icagessor of poor rates to be chosen after assessment roll
sn^de up, 46 47 177
collectors to pay over monies to treasurer who may maintain
.action therefor before two justices subject to appeal —
.ge^e^al return of defaulters to be made by collector to
j justice,
'< general warrants of distress to issue against defaulters
constable's duty under such warrant,
commiisiou to collectors not to exceed five per cent,
46
48
177
46
49
178
46
50
178
46
51
178
46
53
178
46
54
178
46
55
178
46
56
179
46
57
179
INDEX. 685
Cap. Sec. Page.
ASSESSMENT, (Continued.)
collector neglecting to be swcrn into office to be fined, 46 52 178
if sessions neglect to make presentment supreme court may
amerce county for sum, proved on affidavit to be necessary
under 4th section,
treasurer to receive and pay all county monies,
treasurer to make up his account annually to be laid before
grand jury arid sessions to be audited ; justices may order
account to be made out to other period,
Halifax county accounts, when audited to be published,
treasurer to be allowed 5 per cent on all monies received,
appeal may be had to sessions who may set aside or lower rate,
or finally determine appeal, 46 58 179
if so ordered by session, money paid by appellant shall be
repaid by treasurer — appeal not to delay collection of
sum assessed, 46 59 179
overseers of .work and distributor of money shall produce ac-
counts on oath if required with vouchers to the sessions,
and pay over money on hand — on default shall be imprisoned, 46 60 179
overseers, distributors of work and constables, to have compen-
sation, 46 61 179
forfeitures and penalties, how collected and disposed of, 46 62 179
no action shall be commenced after six months, and venue
shall be where cause of action arose, 46 63 179
certiorari, when to be moved for and how granted — not allowed
until bond given — rates when quashed, 46 64 180
over-payments not recoverable from collectors, but refunded
by treasurer,
word "county" to mean "district" in certain cases,
meaning of "court of sessions" and "grand jury" when used
in respect* to corporate counties or districts,
city of Halifax exempted from sections 11 to 47 inclusive,
' proceedings necessary to be taken when amount to be contri-
buted by each district in county of Halifax is ascertained, 46 69 180
if inhabitants decline to appoint assessors and collector, presi-
ding justice shall appoint, 46 70 180
duty of assessors and collectors defined, 46 71 181
time within which assesment must be made and roll furnished
to collector, and his duty thereunder, 46 72 181
in case of non-payment of assessment in 30 days after notice,
warrant of distress to issue against defaulter,
penalty on justice for neglect under preceding sections,
justice to make return of his proceedings — penalty for not
doing so,
penalty on assessors and collectors for neglect of duty,
clerk of peace to transmit appraisement rolls, &c. to justices,
and when — proof of mailing to be prima facie evidence of
receipt,
collectors to return assessment rolls to clerk of peace and when ,
— mode of appointment of assessors and collectors, in case qf
those first appointed refusing to act, 46 79> 182
46
65
180
46
66
180
46
67
180
46
68
180
46
73
181
46
74
181,
46
75
181;
46
76
]^L
46
77
181:
46
78
182
46
81
182
46
82
182
46
83
182
46
84
183
46
85
183
46
87
183
46
88
183
46
89
183
_
1
675
121
2
403
152
14
594
113
884
686 INDEX.
Cap; Sbc. Page.
ASSESSMENT, {Continued.)
balance of assessment uncollected in district to be added next
year, 46 80 182
proceedings to be taken when no assessment is made or
collected,
sessions may remunerate collectors and assessors,
compensation for collectors appointed under 69th section,
expenses of justices under last fourteen sections to be paid
by county if approved by grand jury and sessions,
penalties recovered under such sections to be paid to treasurer,
clerk of the peace must enforce penalties for breach of any of
last sixteen sections under penalty for neglect, 46 86 183
the last seventeen sections to apply to county and not to
city of Halifax,
mode of appointment of local and general assessors,
clerk of peace to notify their appointment,
schedules of forms annexed, page 183 to 186,
for county and poor rates to be made under chapter 46 and
89, see appendix.
ASSIGNMENT OF INTEREST IN LANDS ; how to be made,
ASSYLUM. See lunatics.
ATTACHMENT AGAINST LANDS. See reffistry of deeds.
AVERMENT—
of election on information for treble value of goods or penalty
sufficient proof of the fact, 15 10 45
of place in any information, &c., under revenue laws, pre-
sumptive evidence of fact, 15 20 47
BAIL IN CIVIL ACTIONS. See supreme court pleadings and
practice,
BAIL BONDS. See supreme court pleadings and practice
BANK NOTES. See currency,
BARRISTERS AND ATTORNIES—
attornies and barristers to be admitted, 132 1 456
month's notice to be posted up in prothonotary 's office if inten-
tion to apply for admission, 132 2 456
term of service of clerkship preparatory to admission as an
attorney,
term of service to commence from filing articles,
qualifications required for admission — attorney's oath,
ibarristers of Great Britain and Ireland entitled to admission
on production of satisfactory certificate, 132 6 457
colonial barristers and attornies, and attornies of Great
Britain and Ireland admitted under certaio rules,
attormies of one year's standing may be admitted barristers,
no other than articled clerk or other attorney to sue in
another attorney's name,
barrister's privilege and precedence,
practising barristers only to take articled clerks,
not to take more than two articled clerks,
134
—
487
134
—
487
83
310
132
3
456
132
4
457
132
5
457
132
7
457
132
8
457
132
9
457
132
10
457
132
11
458
132
12
458
INDEX, 687
Cap. Sec, Page.
BARRISTERS AND ATTORNIBS, (Continued.)
voting at elections or paying poor and county rates a qualifi-
cation to any person to plead and reason in court, 132 13 458
BASTARD CHILDREN, maintenance of—
woman pregnant shall make oath in writing before justice of
thp fact, and who is father — warrant to issue thereupon
against reputed father, to apprehend him, 91 1 345
reputed father to enter into bond until after birth— in default,
to be committed to jail until hearing had, or bond given, 91 2 345
after birth two justices shall issue warrant to bring mother
and reputed father before them — shall hear evidence, except
of reputed father, and make order of filiation if evidence
warrant it, 9I 3 345
where person against whom warrant issues is not found in
jurisdiotionofjusticei8Suing,warrantmaybeendorsedover, 91 4 345
reputed father shall give bond to obey order of filiation or pay
£20 to overseers of poor, or in default shall be imprisoned
for six months, 91 5 345
if information is not made before birth, any justice may
take the same within three months after birth, and war-
rant may issue as in case of information before birth, 91 6 346
if reputed father conceal himself, justices may make order of
filiation in his absence, and proceed subsequently by war-
rant, 91 7 346
justices may confirm, reverse, modify, or make new order of
filiation — reputed father liable to same penalties for default
as in case of first order, 91 8 34G
reputed father may appeal from order to supreme court, except
in Halifax, where appeal lies to sessions, when matter may
be tried by jury — deciaon oa appeal to be final — no
appeal granted until security given, 91 9 346
justices upon hearing may direct mother to bear part or whole
of the expense of maintenance of child, and may make
further order relative thereto, , 91 10 346
overseers may sue in their own names on bonds given under
this chapter, whether given to them or their j)redecessors
in office — suit not to abate by reason of death or removal
&om office,
prescribes the forms to be used and adhered to as nearly as may be
BAWDY HOUSES. See offences ngninst public morak.
BEEP. See inspection of provisions.
BENEFIT OF CLERGY ABOLISHED. See criminal justice.
BIGAMY. See marriage.
BILLS OP EXCHANGE.— PROMISSORY NOTES—
damages and interest on protesled bills of exchange, 81 1 308
promissory notes assignable and endorsable as inland bills of
exchange — who may bring action thereon, 81 2 308
notes not payable in money presumed to be for a consideration
but not negotiable — payable unconditionally in money., 81 3 309
amount of noie recoverable without damages, 81 4 309
91
11 347
91
11 347-52
187
— 613
85
— . 312
168
12 632
159
1 614
G88 INDEX.
Cap. Sec. Page.
30
1
146
30
2
146
30
3
146
80
4
146
BILLETTING OF TROOPS—
troops and militia, how, by whom, and where billetted,
officer giving false certificate to be cashiered and fined £50,
expencea for — to be paid by warrant on treasury,
certificates under first section how payable,
where houses not sufficient as in first section, billett may be
made on other housekeepers, 30 5 146
how baggage to be conveyed — conveyances provided — and
rates of charge, 30 6 146
fines for refusing to furnish horses, carts, &c. 30 7 147
fine on commanding offioto for illegal conduct in respect of
conveyances, 30 8 147
what horses and carts exempted from liability to be taken for
purposes under cap. 30, 30 9 147
BIRDS AND ANIMALS, preservation of—
partridge, snipe or wood cock not to be killed, sold, bought, or
in possession of any one between the 1st March and 1st
September — ^Indians and poor settlers may kill for their
own use at any time, 92 1 352
offender shall forfeit 10s. for each ofience, 92 2 352
moose not to be killed, taken, sold, or in possession of any
one between 1st February and 1st September, under
penalty — and in case of non-payment party may be
imprisoned for six days, 92 3 352
no person shall take or kill pheasant, or buy, sell, or have in his
possession, any dead pheasant so taken or killed, 92 4 352
dead pheasant in possession of any one shall be presumed to
have been taken or killed by him, unless he give proof to
'"* ■the contrary,
ofiender against 4th section shall forfeit 40s for each offence,
sessions may make orders for snaring and preservation of moose,
snares made in violation of such orders may be destroyed,
where fines are not paid under certain sections party may be
imprisoneck for period proportionate with amount, 92 9 353
owner of dog accustomed to worry sheep, &c. liable to owner
and also subject to penalty, 92 10 353
duration of sections 4, 5, and 6, to be 5 years from 18th April,
1856, &c. 92 11 353
oysters placed in beds for propagation not to be disturbed &c.
— penalty for breach of section, 92 12 353
penalty recoverable by any person and appropriated to prose-
cutor's use, 92 13 353
sections 12 and 13 to be in force until 1st May, 1860, and from
thence, &c., , 92 14 353
sessions may regulate taking of oysters generally, and impose
penalty not exceeding 20s. for each offence, 92 15 353
penalties recoverable by any one and appropriated to prose-
cutor's use, " 92 16 353
Beottons 15 and 16 to be in force until 12th April, 1861, and
from thence, &o. 92 17 353.
92
5
352
92
6
353
92
7
353
92
8
353
INDEX. 689
Cap. Sec. Page.
BIRTHS. See registry of. 123 1 404
BOARD OP HEALTH AND INFECTIOUS DISEASES—
governor in council may make eanitory orders — how to be
notified — evidence of publication, what sufficient, 54 1 200
governor in council may appoint health officers and boards of
health, and prescribe their duties, 54 2 200
vessels liable to examination not admitted to entry until exhi-
bition of certificate, and payment of authorised feos,
health wardens how appointed, and their duties defined,
may, by order in writing, cause purification of buildings, &c.,
violation of orders made a misdemeanor subject to penalty,
health wardens refusing to accept oSice or discharge duties,
subject to penalty and loss of office — duration of,
cases of plague or imminent danger, how provided against,
persons sick with contagious or infectious diseases may be
removed, and . houses may be vacated under certain
restrictions,
general vaccination may be ordered — expense how borne,
return of vaccinations under preceding section to be made to
seaeions — accounts when examined to form county charge,
fish markets may be opened under certain restrictions,
BONITRES, See firearms and fireworks.
BONDS ; by public officers to be in the name of her majesty if not
otherwise directed,
BOOKS. See copyrights.
BOTTOMRY. See interest,
BOUNDARIES OF CONTIES—
confirmed,
how county lines to be run,
how county lines to be run on adjoining county,
disa,greement of surveyors provided for,
BOUNDARY LINES ; between Nova Scotia and New Brunsvpick
established. Appendix.
BOUNDARIES OF TOWNSHIPS. See townships.
BREAD. See inspection of provisions.
BRIBERY AND TREATING AT ELECTIONS. See elections.
BRIDGES AND PUBLIC LANDINGS—
sessions shall have control over public wharves and landings,
drawbridges, and certain other bridges, and may regulate
same, but so as not to affect rights conferred by act of
incorporation, 71 1 270
draws may be ijiada in bridges by sessions on recommendation
of grand jury. 71 2 271
BUILDINGS, county and jail-
jails, court houses and session houses, how erected and repaired
spirituous liquors forbidden within jail limits,
jailor on second conviction in addition to fine to lose office,
prosecution to be ia name of clerk of peace,
liquors prescribed medicinally, may be introduced,
54
3
201
54
4
201
54
5
201
54
6
201
54
7
201
54
8
201
54
9
201
54
10
202
54
11
202
54
12
202
100
2
372
1
7
4
119
—
397
82
3
309
S9
39
1^162
2 162
39
3
162
39
4
162
1
676
48
—
188
85
—
312
6
»^
12
47
1
187
47
2
187
47
3
187
47
4
187
47
'5
187
90
INDEX,
BUILDINGS, (Continued.)
when jail limits extend beyond jail yard, above regulations
only to extend to prisoners in jail or limits,
supreme court may fix jail limits in the different counties, and
make regulations in connection therewith
sessions may regulate in certain eases,
jailer's fees and salary, how regulated,
orders 'of sessions to be submitted to supreme court,
copy of jail regulations to be posted up in jail building.
BUOYS AND BEACONS. See pilotage.
BURNING WOODS. See woods and marshes.
BYE-LAWS—
powers to make, &c., — extension of,
repugnant to law, void.
CANDIDATES. See ekctimi.
CATTLE AND HORSES, straying—
cattle, &c. , straying into enclosure may be detained by owner
if not claimed in twenty-four hours — description to be
sent to town clerk,
town clerk to file description, &c., and post up copy in office —
fee thereon,
if not claimed in ten days, animal may be sold by order of
justice, on application of finder — sale not to take place
within certain periods,
after deducting expenses, proceeds of sale shall be paid toover-
seers of poor, except when claimed by owners of animals
within twelve months,
if property claimed before sale, finder's reasonable expenses to
be paid,
if dispute arise as to ownership or expenses, two justices to
decide,
finder not forwarding description, &c., to town clerk, shall in-
cur a forfeiture for each animal detained by him,
CATTLE, INFECTED ; going at large. See sessions.
CENSUS AND STATISTICS—
board of statistics, by whom appointed,
forms to be prepared by board — how distributed — table ac-
cording to schedule,
duties and powers of board,
secretary, who may be — appointment of,
times of taking first and succeeding census,
division of counties into districts — enumerators of districts to
be appointed,
two justices and clerk of the peace to prepare abstracts —
return to be made to board,
enumerators to be sworn,
enumerator's duty,
power of enumerators — penalty for obstructing,
setuvns how prepared — to be filed,.
Cap. Sec. Page.
47
106
106
106
33
33
187
47
7
187
47
8
187
47
9
187
47
10
188
47
11
188
78
—
295
102
—
373
1
7
4
1
7
4
5
—
7
1 375
2 377
3 377
106
4
377
106
5
377
106
6
377
106
7
377
107
—
378
149
33
2
149
33
3
149
33
4
149
33
5
149
149
33
6
150
33
7
150
33
8
150
33
9
150
33
10
150
INDEX. G91
Cap Sfp p v (^ ' r*
'CENSUS ANB STATISTICS, {Continued.)
justices and clerk of the peace to examine and correct returns
and prepare abstracts for legislature,
enximerator'a remuneration and mode of obtaining,
clerks of the peace how remunerated,
enumerators neglecting duties to be fined,
persons offending against this chapter, guilty of a misdemeanor,
schedule— questions
CERTIORARI, Writ of—
before writ issue, bail to be filed and endorsed,
court may enquire anew into facts and order a trial by jury,
■CHIMNEY SWEEPERS. See fire andfirewards.
CHRISTMAS DAT ^ act to be done on — to be done the day after,
CHURCH OF ENGLAND—
licensed clergymen only to officiate,
no license to be refused without cause shown in writing,
piirishea established remain- — new parishes may be allotted —
may be divided on application of parishioners,
church wardens and vestry how elected, and their powers,
church wardens and vestries constituted corporations — their
powers, 50 5 194
parishoners, who shall be c'eemed — their power of granting
money, and mode of its assessment and collection poin-
ted out, 50 6 191:
church wardens and vestry may abate and compromise
assessment, 50 7 194
meetings for business, when and how to be called, 50 8 194
if church wardens and vestry refuse to act, others may be
named, 50 9 105
glebe lands, for what period leased- — may be sold with concur-
rence of bishop, 50 10 195
CLAPBOARDS. See inspection, ^c. 85 — olH
33
11
150
33
12
150
33
13
151
33
14
151
33
15
151
33
li
51-155
148
1
585
148
2
585
99
—
365
1
7
4
50
1
193
50
2
193
50
3
193
50
4
194
42 1 UJ
CLERKS OF THE PEACE—
how appointed and sworn,
office of — to become vacant on death or removal of custos or
vote of majority of sessions — to hold office till successor
appointed,
to engross in a book indexed, all rules, &o.,
to make annual return in triplicate to board of statistics of all
convictions had, and fines and penalties imposed and col- •
lected,
not to receive fees except in cases of licences,
may appoint deputies in certain cases, with consent of custos,
CLERK OF LICENCES. See intoximlinf/ liquors. 22 — 71
CLERK. OF THE CROWN, to include deputy, 1 — 3
45
42
2
165
42
b
165
42
4
16G
42
5
166
42
6
1(6
692
INDEX.
Cap. Sec. Pace.
27
8
100
27
9
100
27
10
100
COAL MINES— Part the Fikst.
proceedings preparatory to opening of, on private grounds,
with sanction of government, 27 1 98^
lands to be laid off by jury and damages assessed — manner of
proceeding, 27 2 99"
verdict of jury to be confirmed by court of sessions, and an
order made and bonds given party to talce possession, 27 3 99
bond to be made to the queen, without designating person
entitled to the rent, 27 4 100
how and to whom rent to be paid when rent in dispute or
owner uncertain or unknown, 27 5 100
payment to wrong party how protected — damages or rent
wrongfully paid may be recovered in value for money
had and received against party to whom paid, 27 & 100
title to damages disputed — amount and annual rent to be paid
to county treasurer — order of court of sessions on annual
rent disputed — how made, 27 7 100
parties to whom land laid off, not to be implicated in contro-
versy between claimants,
costs on -conflicting claims to be summary costs,
decisions in sessions subject to appeal — bond to be given,
bonds although to the queen, to enure for benefit of party enti-
tled, and party to be liable to costs as if prosecuted in
his own name, 27 li 101
proceedings not to be set aside for irregularity or informality,
but the same may be rectified by court, 27 12 101
lands laid off, how to be wsed by party for whom laid off, but
to be so used doing the least injury to owner of soil and
lands contiguous, 27 13 101
railways, &c. may be laid down, &c. 27 14 101
houses and buildings, &c. erected on lands not to be consi-
dered attached thereto, 27 15 101
owners of land may take possession, if the working of the
mines shall have ceased for six months, first giving rea-
sonable notice to remove effects, &c, 27 15 101
provisions for renewing works or altering quantity of land
set off, 27 16 102
new bonds to be entered into incase of death of sureties . and
other cases — on default possession restored to owner,- 27 17 102
costs in carrying out provisions of sees. 16 and 17 to be paid
by party authorized to open mines, 97 18 102
lease of mines how applied for — application to be advertized
in royal gazette, &e. 27 19 102
after notice for 12 months, if mines not opened and worked,
lease may be granted to any other person, 27 20 102
mine opened and abandoned for 12 months, governor in
council may grant lease thereof, 27 21 102
mines only colourably worked, proceedings by attorney gene-
ral, to obtain judgment of forfeiture of lease, '27 22 102
INDEX.
693
27
27
27
COAL MINES, (Continued.)
royalties reserved on leases under cap. 27, to be uniform, and,
such leases not to extend b'6yond 1886,
juries under cap. 27, not authorized to determine disputed
titles.
Part the SeconI).
leases, agreements, &c. when confirmed— operation and effect
of — proviso,
sections 19, 20, 21, 22, and 23, of cap. 27, part the first, not
to apply to lands demised by lease, 1st Jan'y, 1858,
schedule to be taken and"read as part of cap. 27,
indentures of lease vrhen and where to be recorded,
certified copies of indentures to be evidence,
indentures of 1st Jan'y. 1858,
construction of grants as to mines and minerals reserved in
them,
constructions of conveyances of lands as to mines and minerals
reserved in them,
sections 5 and 6 not to apply to mines and minerals not
invested in crown or under controul of legislature,
COAL AND SALT. See inspection.
COAST FISHERIES. See fisheries.
COASTING ON HIGHWAYS. See highways.
COIN AND BULLION ; may be landed without entry or permit,
and see currency.
COIN. See forgery and offences against.
COLLECTORS OF CUSTOMS. See officers of customs.
COMMISSIONERS OF PUBLIC PROPERTY—
governor in council to make regulations for superintending
and managing the public buildings, property, light
houses, &c.,of province— expence for conducting limited —
legislature to revise regulations,
powers of board of works transferred to commissioners,
former acts of commissioners ratified,
lands required by commissioners for erection, &c. of light
houses, &c., may by them be appropriated to and vested
in the public appraisement,
government, if appraisement extravagant, may order new
appraisement.
COMMISSIONERS OP STREETS. See streets.
COMMONS—
commons to be under management of sessions,
except where regulated by special act, as in Halifax.
CONSTABLES, protection of—
demand of perusal and copy of warrant to be served on con-
stable before action brought, 151
Cap. Sec. Paqe.
24
23 108
24 103
1 105
27
2
106
27
3
106
27
4
106.
27
4
106.
27
— 106-123 .
27
5
123;
27
6
123-
27
7
124
85
—
312r
94
—
354
109
—
378*
16
2
4»>'
165
—
624
14
42..
24
I
^2
24
2
92
24
a
92
92
24
5
93
64
—
232
74
1
280
74
2
280
590
694 INDEX
Cap. Seo. Pagis.
CONSTABLES, (Continued.)
if after demand and compliance, if justice be not joined in
action, on proof of warrant, &c., judgment to be given
for constable although justice had not jurisdiction, 151 2 590
in joint action against constable and justice, on proof of war-
rant judgment for constable, and if verdict against justice
full costs against justice, including costs of constable,
limitation of action against constable, &c.
CONTRACTS. See frauds and perjuries.
CONTAGIOUS DISEASES. See boards of health, ^-c.
CONTROVERTED ELECTIONS—
member before betakes seat, if required, to deliver schedule of
qualification, and take oath,
proceedings on petition against a return,
petitioner to enter into recognizance,
proceedings on undefended return,
mode of proceeding at time for considering petition,
comm.ittee how drawn in cases of,
names of member voting at election or petitioned against, to
be set aside if drawn,
members drawn how excused,
member drawn excused if serving on another election com-
mittee,
another name to be drawn for excused member,
committee how struck,
committee to be sworn — how adjourned,
committee how appointed and struck, sitting member not
appearing,
chairman how selected,
powers and duty of committee,
committee may report specially,
member not to absent himself without leave of the house,
committee dissolved if reduced to less than five for three days,
— new committee to consider evidence given before dis-
solved committee, 9 17 29
•witnesses disobeying summons, prevaricating or misbehaving,
committee to report to house,
committee may direct room to be cleared,
majority to decide,
how oaths administered,
[ committee not dissolved by prorogation,
petition may be reported frivolous,
expenses recoverable if petition frivolous,
expenses recoverable if opposition frivolous,
expenses how taxed,
expenses how recovered,
party paying expenses may recover rateably from others liable,
the words " sitting member " explained.
151
2
590
151
3
590
121
3-4
403
54
—
200
9
1
26
9
2
26
9
3
26
9
4
26
9
5
27
9
6
27
9
7
27
9
8
27
9
9
27
9
10
27
9
, 11
28
9
11
28
9
12
28
9
13
28
9
14
28
9
15
28
9
16
29
9
18
29
9
19
29
9
20
29
9
21
29
9
22
29
9
23
29
9
24
29
9
25
29
9
26
30
9
27
30
9
28
30
9
29
30
INDEX. 695
• Cap. Sec. Page.
CONVICTS. See penitentiary, 25 — 93
COPARCENERS. See lands-partition of, 139 — 562
COPYRIGHTS AND PATENTS—
copyrights of authors how secured. 119 1 397
penalties for infringing copyrights by printing or importing
works, &o. 119 2 398
penalties by infringing copy rights by imitations, &o. 119 3 398
printed copy of title of all works, &c. to be registered in pro-
vincial secretary's office before publication — duty of pro-
■vincial secretary on such registry, 119 4 398
penalty for illegally inserting an entry as registered according
to law, 119 5 399
limitation of actions, 119 6 399
printing or publishing any manuscript without author's con-
sent, actionable, 119 7 399
copies of all works, &c. to be furnished to legislature by pro-
prietor, 119 8 399
all books admitted duty free, except reprints, copyright of
which protected by acts of imperial parliament, 119 9 399
duty on importation of reprints bound in covers, of which
copyright protected, to be 20 per cent ad valorum — not to
extend to newspapers, &c. — how duty disposed of, 119 10 399
fine for improperly importing, selling or having dutiable re-
prints, how recovered and applied,
reprints imported to be stamped, &c.
CORPORATIONS, agricultural and land-
agricultural corporations how organized,
formation of land companies, &c.,
power of company over land,
land companies may contract for railways running through
land. 88 4 336
CORPORATIONS; general provisions respecting —
powers and privileges of corporations,
may make bye-laws — proceedings to be regulated thereby,
when bye-laws to be in force — effect of registration— how
shares transferred, &o.
first meeting how called,
how meeting to be called in special cases,
powers and duties of corporations when assembled,
shares to be personal property,
real estate to be sold as personal property,
duration of acts respecting corporations,
corporations to continue, after three years to close concern,
trustees may be appointed to wind up affairs, notwithstan-
ding corporations may have expired,
officers and members, how liable and sued,
liability of individual members,
liability of directors or board of managers for overtrading.
19
11
400
19
12
400
88
1
335
88
2
335
88
3
336
87
1
330
87
2
330
87
3
330
87
4
331
87
5
331
87
6
331
87
7
331
87
8
331
87
9
332
87
10
332
87
11
332
87
12
332
87
13
332
87
14
333
696
INDEX,
CORPORATIONS, (Continued.)
authentication of acts by seal not necessary,
no company to engage in banking or insurance business, unless
authorised by act of incorporation,
mode of conducting arbitration under act of incorporation,
abstract of receipts, expenditures, &c., to be filed annually
in provincial secretary's office, as also when required,
bye-laws, &e.,
penalty of refusing or neglecting to file abstract, &c.,
insurance companies to make annual returns in provincial
secretary's office,
acts of incorporation of wharf, pier, or breakwater companies,
whether temporary or perpetual, to continue in force till
31st December, 1875 and no longer,
CORONERS—
how appointed and sworn,
to return inquisition to clerk of crown, and clerk of crown
to give certificate of filing,
juries how summoned, inquest may be held on Sunday,
fee for inquisition, how drawn and appropriated
extra charges to be defrayed by county,
justices may amerce county for extra charges,
appeal from assessment, and how,
justices to sit in absence of,
to make return in triplicate of inquests to board of statistics
Cap:
87
Page.
15 333
87
16
333
87
17
333
87
18
334
87
19
334
87 20
87
41
21
334
335
164
COSTS AND FEES—
fees to be as prescribed in this chapter,
person taking greater fees to forfeit £10 to party aggrieved, to
be recovered in an action for debt,
actions for such forfeitures must be brought in county where
offence committed, within six months,
fees at provincial secretary's office,
sheriff's fees,
appraiser's fees,
juror's fees,
witnesses' fees,
crier's fees,
constable's fees, (supreme court,)
coroner's fees,
arbitrator's fees, under rule of court,
fees in court of marriage and divorce,
fees in court of probate,
fees in magistrate's court,
• fees in bastardy cases,
fees of registrar of deeds,
fees in distress for rent.
COSTS OF PROVING DOCUMENTS. See evidence.
COUNTY RATES. See Msessment.
41
2 164
41
3 165
41
4 165
41
5 165
41
6 165
41
7 165
41
8 165
tistics, 41
9 165
■^^^
^' /f3~^
154
1 601
154
601
154
3-
601
154
—
601-2
154
—
602-3
154
—
603
154
—
603
154
—
603
154
—
603
154
—
603
154
—
603-4
154
—
604
154
—
604-5
154
—
605-7
154
—
607-8
154
—
608
154
—
608
154
—
609
135
—
538
46
170
Cap.
Sec.
Page.
39
—
162
47
—
187
4S
—
170
ICS
1
630
168
2
630
168
3
631
168
4
631
INDEX. , 697
COUNTIES. Sue boundnnes of.
flOUNTY BUILD [NGS AND PROPERTY. See huildings, dfc.
COUNTY TREASURER. See assessment.
CRIMINAL JUSTICE, administration of—
arrests how made for offences under title forty-two,
no imparlance allowed in misdemeanors except in cause shown,
not guilty pleaded in treason or felony, its effect,
standing mute, proceedings thereon,
challenges in treason limited to thirty-five, and in felony to
twenty — challenges beyond void, 108 5 031
plea of attainder in bar of judgment to be for same offence as
charged in indictment pleaded to, < 108 0 631
indictment or informal iun not to abate by reason of dilatory
plea— court may amend, if satisfied of truth of plea, by
affidavit, 108 7 031
jury not to enquire concerning lands, &c., in treason and
felony, 108 8 631
-counsel allowed in felony, IO3 9 031
prisoners, &e., entitled to copies of examination of witnesses —
when to be applied for, 168 10 631
prisoners, at time of trial, entitled without fee to inEpect all
depositions taken agiiinst them, and returned,
bejiefit of clergy on conviction for felony abolished,
Accessories before the fact, who may be deemed — ibid how and
where tried,
'^accessories after the fact, how, when and where tried,
accessories may be convicted and punished, although the prin-
cipal may not have been attainded, 168 15 633
accessories before the fact in felony, may be tried and punished
as principals, 168 16 633
charge alleging former conviction, without more, in second
indictment for felony, not punishable with death —
sufficient, ■ 168 17 633
tiigamy, in what county may be tried and punished, 168 18 633
indictment for feloniously stealing or receiving property how
drawn, and proceedings thereon, 108 19 633
felonies and misdemeanors committed near boundries of coun-
ties, or begun in one and completed in another, may be
tried and punished in either county, 168 20 634
felonies committed in coach, &c., or on board of boat or ves-
sel, &c., passing through, or on a voyage, &c., bow and
whei-e tried, and punished,
altering deeds, forgery for, where tried and punished,
forged or altered instruments how described — indictment,
ownership of joint property, how to be described,
public property, how to be described,
property in possession of public officers, how to
be described,
fioibazzlement howio belaid, charged and proved,
163
11
632
168
12
632
168
13
632
168
H
C33
108
21
634
168
22
634
168
23
635
168
24
635
168
25
035
108
20
C35
168
27
030
698
INDEX
Cap. Sest. Facs,.
CRLMINAL JUSTICE, (Continued.)
injuries to person feloniously committed in province, and death
out of, or vice versa, where tried and punished, 168 28 63&.
indictment for robbery, assault may bo found, 168 29 636>
on trial for misdemeanor, if facts amount to felony, jury may
be discharged, and party tried for felony, 168 30 &3%
person on trial for embezdement not to be acquitted, but may
be found guilty of larceny, 168 31 631
on indictment for receiving stolen gooda against two. or moie
persons, jury may find one or more guilty, 168 32 631
any number of accessories or receivers may be joined in
indictment without indicting principal felon, 168- 33 63T
several counts for distinct acts of stealing, not exceeding three,
may be inserted in indictment against the same person,, 108 S4 OSS-
prosecutor, wlien bound, to elect upon which taking, he will
proceed, except in certain cases, 168 35 63S-
bank or treasury notes and money, how to be described in
indictment for stealing and embezzlement, 168 36 638
punishment for an assault with intent to commit a felony, 168 37 638-
in prosecutions under section 12 ehaptei 164, no allegation if
property in any person necessary^ 168 38 638-
what allegations requisite and sufficient under section 13 chap-
ter 161, 168 39 639»
receivers of stolen good, &c., how indicted, eonwcted and
punished, 168 -lO 639"
receivers of stolen goods, &o., where indicted, txied, and pun-
ished,
stolen goods, when and to whom restered,
•'ertificate of conviction for previous felony, how given and
proved — punishment for giving false certificates,
form of solemn affirmation by Moravian or Qaalier,
judgments not to be reversed or stayed for want of formal aver-
ments unnecessary to be proved, or for other slight imper-
fections, 168 45 640i
judgment after verdict not to be stayed or reversed for want of
similiter — wrong award of jury — process — ^return of pro^
cess, &c., 168 40 64B
sentence for a felony when party in prison for another felony
to commence from expiration of first sentence,
pillory and whipping abolished,
persons convicted of murder, how to be kept and fed after
judgment,
pnrdon of felons, effect as to subsequent convictions,
punishment endured for felonies, not punishable with death,
to have the efi'ct of pardon, 168 51 642
julges may direct prosecution for perjury, against persons
guilty thereof in giving evidence, &o., before thenx, 168' 52 642
substance of offence may be fet forth in indictment for
perjury^ 16S 53 643-
mode of alleging offence in indictment for subornation for
perjury, 163 54 64a
168
41
639!
168
42
63S>
168
43
640
168
44
64ft
168
47
641
108
48
641
168
49
641
168
50
642
168
58
64i
1G8
59
644
1G8
60
645,
168
61
645.
168
63
645
168
64
646
168
65
646
168
66
64(i
t INDEX. 699
„ Cap. Sec. Page*
CRIMINAL JUSTICE, {Continued.)
competency of witnesses on trial for forgery, ifcc, 168 55 643
aniendments of indictments or informations allowed, 168 56 643,
on indictment for child murder, jury mvy find mother guilty
of endeavouring to conceal the birth, 168 57 644
proceedings when sentence of death commuted by the
governor,
prisoners when of ability, to pay charges for conducting to jail,
if prisoner not able to pay charges of constable and other offi-
cers, payable by county treasurer,
poor witnesses — expenses of, how paid,
such expenses to be paid out of public treasury, if county trea-
surer have no funds, 168 62 64-S
witnesses on criminal trials attending for prosecution entitled
to fees, &o., — mode of payment, &o.,
eounty treasurer to pay amount of fees,
court in absence of attorney and solicitor general, may ap-
point counsel to conduct crown prosecutions — ^remune-
ration,
costs when taxed, how paid,
party convicted, if of ability, may be directed to pay all
expenses, 168 67 646
certificate of clerk of crown of substance of indictment, &c.,
sufBcient evidence of the trial of said indictment,
no venue necessary to be stated,
when indictment not to be held insufficient,
objections to indictment, when to be taken,
not entitled to traverse indictment, but court if proper ma/
postpone trial,
plea'of autre-fois conv' ct,
definition of the word indictment,
criminals may be sentenced by a single judge at sittings,
amendments of indictments at trial,
force of verdict after amendments made,
records after amendments to be in form of indictment, as
amended, 168 78 649
what statements unnecessary in indictment for murder or
manslaughter,
what description sufficient in indictment for forgery, &c.,
in indictments for engraving, mode of describing the instru-
ment or thing used,
ibid,
allegations necessary in indictment for certain offences,
in trials for felony or misdemeanor, jury may acquit for the
felony or misdemeanor and find party guilty of an attempt
to commit offisnce,
governor in council may order special sittings of supreme
court for trial of felonies,
order to name a particular day, and published in royal
gazette,
168
68
046
168
69
647
168
70
647
168
71
647
168
72
647
168
73
648
168
74
648
168
75
648
168
76
648
168
77
649,
168
79
649
168
80
649
168
81
649
168
82
650
1G8
83
650
168
84
6-50
168
85
650
168
86
65ti
TOO
mBES.
Cap. Sec. ^age.
1G8
88
651
168
•89
651
108
90
651
28
1
124
28
2
124
28
5
125
28
6
125
28
7
126
28
8
12G
28
9
126
28
10
126
28
11
126
28
12
126
CRDIINAL JUSTTCB, (Continued)
mode of summoning juries, &c., 168- 87 651
any judge of supreme court may preside, and the proceed-
ings to have the same force and effect as if -at ordinary
term or sittings,
judge may adjourn sittings,
last five sections extended to misdemeanors,
CROWN LANDS—
title of commissioner of,
duties of commissioner of,
governor in council may modify regulations ia section number
two, 28 3 125
■commissioner of, and any deputy surveyor commissioned for
that purpose, guardian of yoang immigrants, &c., 28 4 125
governor in council may direct other lands than those
mentioned in section two, to be laid off,
<3uty of deputy surveyors,
affidavit to be sent by deputy surveyors with their return,, to
crown land commissioner,
price of ungranted lands to bo settled by governor in council,
grants of — by whom and on what terms obtained,
when grants may be declared void,
governor in council may at any time sell or lease lands,
reservation of lands for Indians,
c'eputy surv(yors may administer oath to their chaiamen —
form of, 28 13 127
principal deputy surveyor authorized as in section 29, cap.
147, may pass over, &c., any lands, for certain purposes, 28 14 127
commissioner of — see also surc.yor-general, <Sfc., cap. 37.
CURRENCY—
what coins shall be a legal tender, 83 1 310
amount of British silver which may be a legal tender at one
time, 83 2 810
banker's notes, or bills designed to serve the like purpose,
whether made payable in gold or silver, may demand full
payment in gold or silver money, and in default of pay-
ment interest recoverable at 12 per cent, per annum, 83 3 310
every such note tranferable by delivt;ry, and may be recovered
as a promissory note, 83 4 .311
holder may tender such note to maker as a payment, 83 5 311
bank notes under five pounds, issuer subject to penalty of ten
pounds — persons issuing or circulating bank notes, pro-
missory notes payable otherwise than in gold or silver
money, to forfeit ten pounds, 83 6 311
treasury notes and undertaking, or order on banker excepted
— promissory notes less than five pounds for debts,
excepted, 83 7 311
CUSTOMS, laws of—
papers and proceedings connected with entry and clearance to
be as heretofore, unless altered by board of revenue, 15 1 44
15
2
44
15
3
44
15
4
41
15
4
44
15
5
44
15
6
45
15
7
45
15
8
45
15
9
45
15
10
45
15
10
45
15
10
45
INDEX. 701
Cap. Sec. Page.
CUSTOMS, (Continued.)
bonds for duties to be in her majesty's name, and if not in
«uit, to be void and cancelled after three years,
revenue officers may take samples,
time of importation of goods to be time of report,
time of shipment, to be time of exportation — time of arrival
and time of departure shall be deemed time when report
should be made and time of last clearance,
by what law duties to be computed and penalties recovered,
duties overpaid or improperly charged not recoverable after
three years,
penalties for counterfeiting documents under revenue laws,
agents to produce written authority if required,
penalty for false declarations,
boats, carriages, and cattle, used in removing goods liable to
forfeiture, to be forfeited, 15 10 45
persons knowingly assisting in such removal, or having the
goods in possession, to forfeit treble the value, or £100 at
election of prosecutor,
averment of such election in information proof thereof,
forfeiture of a ship to include guns, tackle, &c.,
vessels and boats in which goods imported, &c., may be
seized, &c., 15 11 45
boats and vessels may be levied on and sold, on judgment
against master — exception, ' 15 11 45
who may seize — fine for obstructing officer, , 15 12 45
goods, vessels, &c., seized, may be restored on security given —
bonds to be taken in her majesty's name, 15 13 46
goods, ships and boats seized, may be restored by board of
revenue,
ship liable to forfeiture, and goods of trifling value — board of
revenue may restore same or remit penalty, 15 15 46
officer may be placed on board ship in limits of port — accomo-
dation to be furnished by master,
penalty for throwing goods overboard whilst hovering,
limitation of suits for penalties or forfeitures,
actions in whose name to be brought,
averments of place sufficient presumptive evidence of fact,
proof of payment of duties, on owner or claimant,
claim, how to be made,
certificates and copies of official papers duly certified, &>o.,&c.,
^ to be received as presumptive evidence on the trial in
respect of revenue laws, 15 23 47
a month's notice to be given previous to bringing an action
against any pe*on acting under revenue laws, 15 24 47
action to be brought within three mpnths after cause of action
accrued,
collusion, how punished,
penalties, how applied, except specially provided for,
15 14 46
15
16
40
15
17
40
15
18
46
15
19
47
15
20
47
15
21
47
15
22
47
15
24
47
15
25
48
15
26
48
702
INDEX.
CUSTOMS, (Continued.)
appeals, when and how to be prosecuted,
appeal not to stay execution in certain cases,
operation of regulations may be suspended,
rules for construing revenue laws,
DAMAGES. See supreme court.
DAMS. See malicious injury to property.
DAYS, how computed. See supreme court.
DEALS. See inspection, <^c.
DEBTORS. See absent or absconding, t^c.
DESCENT OF REAL AND PERSONAL ESTATE—
rule of descent of undevised real estate among issue of deceased
owner,
rule when he leaves no issue,
in other cases — and as to collaterals,
rule in case of unmarried deceased minor children, being bro-
thers and sisters, or children of deceased brothers and
sisters,
how property to be divided under section 4,
mode of computing degrees of kindred,
intestate, having no, kindred, widow to take,
lands held in trust for deceased, in fee simple, to descend and
be chargeable with debts,
personable estate — how distributable,
posthumous children — how provided for when no provision
for them by will,
advancement — how considered on division,
advancement on real estate, to be considered part of the estate
to be divided,
what gifts or grants shall be held advancements,
value of estate advanced — stated by intestate to be conclusive,
advancement among grand children, how apportioned,
tenancy by curtesy in dower, not affected by chapter 115,
lands in dower, how divided after death of dower'ess,
estates, real and personal, not devised in will, to be distri-
buted as if no will made.
DECEASED PERSON'S ESTATE. See probate court,
descent of real and personal property,
wills.
DEEDS BY MARRIED WOMEN—
deeds executed by married women, under power of attorney or
otherwise, shall be as effectual as if made by single women,
if acknowledged before judge or justice to have been exe-
cuted without compulsion from her husband, and so certi-
fied,
Cap.
Sec.
Paoe.
15
27
48
15
28
48
15
29
48
15
30
48
134
—
487
166
—
625
134
—
487
85
—
312
141
569
115
1
391
115
2
391
115
3
391
115
4
391
115
5
391
115
6
392
115
7
392
115
8
392
115
9
392
J 15
10
392
115 11
-12
393
115
13
393
115
14
393
115
15
393
115
16
393
115
17
393
115
18
393
115
19
394
130
428
115
—
391
114
—
386
111
380
INDEX. 703
Cap. Sec. Page.
DEEDS BY MARRIED WOMEN, (Continued.)
if resident ivithout the province, aclmowledgment must be
made before mayor or judge of court of record, authenti-
cated by notary public. If resident in foreign country,
must be made before minister, ambassador, consul, or
vice-consul, certified by him under hie hand and seal. 111 2 380
such acknowledgment and certificate must be registered vpith
instrument, 111 3 380
deeds, &c., executed and acknovcledged by married women in
foreign countries before mayor or judge, as in section 2,
valid to bar dower. Ill 4 381
DEEDS, i^istry of, and incumbrances affecting l&,nds — •
registrar may be appointed by governor in council for county
and district where now appointed, — in case of absence &c.
deputy appointed, 113- 1 381
fire proof safes for preservation of records, &c., shall be pro-
vided, 113 2 381
safe keeping of books of registry &c., to be provided for by
grand jury and sessions, who shall assess county for ne-
cessary expenses, 113 3 381
in case of non-compliance with 3rd section, sessions may
amerce, 113 4 382
registrar to give bonds before entering on discharge of his
duties, 113 5 382
registrar shall furnish books for registry of deeds &c., to be
approved by governor in council,
double index to be kept of books of registry,
double index to be kept of books of entry,
deeds, &c. affecting lands shall be registered in counties where
lands lij, 113 9 382
deeds shall be copied so as to be transcript of originals, and
copies of plans annexed shall also be entered, 113 10 382
deeds within province may be proved by a subscribing witness
or acknowledgement of parties underneath, 113 11 382
oath may be administered by registrar, judge, or justice, and
so certified on instrument, 113 12 382
in case of death or absence of subscribing witness, deed may be
recorded in proof of such death or absence, and of hand
writing,
deeds may be proved out of the province as in 11th section —
oath to be administered by judge, mayor, justice, or
notary, and duly certified — when proved in foreign
country oath administered by ambassador, minister, con-
sul or vice consul, 113 14 383
deed &c., duly proved and lodged, considered as registered
from that date — instruments to be registered in order as
proved,
if deed executed under power of attorney, such power must
be recorded, 113 16 383
113
6
382
113
7
382
113
8
382
113 13 382
113 15 383
704 INDEX.
Cap. Sec. Paqe,
DEEDS, (Continued.)
subpoena may issue to compel attendance of witness on pro--
duction of deed for proof and registry — disobedience of
subpojna punishable, 113 17 383
certificate of registry to be taken as evidence of such registry, 113 18 383
deeds, &e. executed but not registered shall be void against
subsequent purchaser for valuable consideration first re-
gistering his conveyance, 113 19 383
no incumbrance affecting-elands to have priority by being
vested in persont holding previous incumbrances of prior
date or registry, 113 20 384
mortgages not to be released by. certificate, but release to be #•
recorded as other deeds, and marginal notes made on re--
gistry of mortgage by registrar, 113 21 384
judgments shall bind lands from date of registry — deeds exe-
cuted but not registered shall be void against judgment
creditor first recording judgment, 113 22 384
contents of docket of judgment specified — 'to be recorded vpith-
out proof, 113 23 384
writ of attachment levied, shall bind lands from date of re-
gistry of writ, description and valuation, and until 30 days
after final judgment, 113 24 384
judgment and attachment shall be discharged by filing of re-
lease, and marginal note on registry or certificate of pro- ,
thonotary, ll3 25 384
leases for more than three years, if not registered, and reasona-
ble rent reserved, void against subsequent purchaser,
mortgagee, or judgment creditor, 113 26 384
grants after 31st March, 1854, must be registered where lands
lie, 113 27 384
duplicate originals of grants shall be signed hereafter by the
provincial secretary, 113 28 385
separate books for grants to be furnished to registrars — grants
to be transmitted by surveyor-general with duplicate plan,
and recorded with plan attached and double index—fees
paid by province, 113 29 385
in Halifax county registrar may keep contemporaneous books, 113 30 385
township partition plans returned to and certified by protho-
notary at Halifax as original, shall be transmitted to
registrar for county where such township lies,- 113 31 385
registry books, except in Halifax, must be kept in safes pro-
vided— registrar violating rule shall incur penalty, and be
incapable of holding office, 113 32 385
DEFINITION OP TERMS IN TITLE XLI.—
terms in this title defined,
officer,
woman,
grievous bodily harm,
■writing,
167
1
628
167
2
628
167
3
628
167
4
628
167
5
628
^Mx. jy/
705
Cap.
Sec.
Page.
167
6
628
107
7
628
167
8'
628
167
9
620
107
10
029
167
11
629
167
12
629
167
15
629
167
14
629
167
15
630
73
—
272
DEFINITION OF TERIMS IN TITLE XLI. (Coniinued.y
testamentary instruiljent,
moveable thing,
valuable security,
muniment of title,
cattle,
term cattle to mean living animals named, unless otherwise
provided,
night time and day time,
imprisoned and imprisonment to mean in provincial peniten-
tiary,
custody or possession under title 42— meaning and applicatiou
of terms,
terms defined in title to be understood' in defined sense, unless
otherwiue provided.
DIKES. See sewers, commissioners of.
DISABILITY—
certain officers disabled from being appointed to, or holding
seat, either in executive, legislative council, or house of
assembly,
penalty for.
See Appendix.
DISEASES. See board of health, S,rc.
DESERTERS. See army and navy, offences relating to.
DESECRATION OP LORD'S DAY. See religion, offences'
against.
DISORDERLY HOUSES, See public morals, <^c.
DISTILLERIES, regulation of—
governor in council may grant licences for distilling intoxica-
ting liquors — form of license, 20 1 68
annual charge for licences to be settled by governor in coun-
cil,
when licences to expire — not granted for less than a year,
one quarter of the duties to be paid down—bond to be given —
form,
licences granted after 1st July — how balance of duties to- be
2
2
5
2
2
5
—
— ■■
675
54
—
200
156
— -
610
157
-^
612
158
613
one month's notice in writing to be given of intention not to
renew licence — forfeiture for neglect,
liquors on hand at expiration of licences, to be taken posses-
sion of by board of revenue, and warehoused,
such liquors to be liable to duties as on importation, and may
be exported,
persona distilling without licences liable to penalty,
illicit distilleries to be taken possession of — suspected places to
be searched,
distillers to make monthly returns— penalty,
20
2
68
20
3
60
20
4
69
20
5
69
20
6
69
20
7
69
20
7
69
20
8
69
20
9
69
20
10
69
706
INDE^.
DISTILLERIES, {Continued.)
stills not to be enlarged without consent of board of revenue,
under penalty,
board of revenue to make regulations to carry out chap. 20,
and to prevent frauds, <&o.
licences increased 30 per cent, after 24th March, 1858
continuance of this chapter,
forms,
DISTRESS FOR RENT. See rent.
DISTRICT, meaning of. See election.
DESTRUCTION OF NOXIOUS ANIMALS. See mimah.
DESTROYING BUOYS AND BEACONS. See pilotaffe.
DESTROYING TREES, &c. See malicious injury to properti/.
DETAINER. See forcible entry.
DEVISES See wills.
DOCUMENTS, cost of proving. See evidence.
DOGS GOING AT LARGE, See sessions,
DOWER, writ of—
widow entitled to sue for dower within one month after
demand, if not assigned,
writ to be in form prescribed by this chapter,
damages may be assigned for withholding dower,
form of writ of seizin,
mode of setting forth dower,
when property not divisible by metes and bounds, widow may
be endowed in a special manner by one-third of rents or
otherwise,
widow not to commit or suffer waste, but keep premises in
repair.
DRAWBACKS. See goods, importation and drawbacks.
DRUNKENNESS. See public morals, offences against.
DURATION OF GENERAL ASSEMBLY. See assembly.
DUTIES, customs — Pakt the First.
operation of cap 12,
goods brought into province by sea or land — duties thereon,
animals for improving breeds, exempted from,
goods in table of exemptions, free of duty,
standard for collecting duties,
collection and application of duties,
when and how received,
how paid in — to what account — how applied— and how drawn,
articles of other provinces exempted from, by proclamation of
governor,
articles exempted from duty in case of reciprocity with United
States,
Cap.
Sec. Page
20
138
11
69
20
12
69
20
13
69
29
14
70
20
—
70
145
—
578
5
—
7
93
1
354
78
—
295
166
—
625
140
—
569
114
—
386
135
—
538
107
—
378
138
1
561
138
2
561
138
3
561
138
4
662
188
5
562
502
138
7
562
18
—
61
158
—
613
4
—
7
12
1
33
12
2
33
12
3
38
12
4
34
12
5
:^4
12
6
34
12
7
34
12
8
34
12
9
34
12
10
34
12
11
35
12
12
35
12
—
35
12
—
3a
12
1
40
12
2
40
12
3
40
12
40-1
INDEX. 70!jr
DUTIES, (Cominued.) ''^"- ^'"'- '"'=■
other foreign nations, may by treaty, be put on same footing
■with United States,
Canada flour thro' United States or British provinces, admit-
ted as if imported direct,
table of duties,
table of exemptions.
Part the Second.
produce of United States admitted free, so long as treaty in
force,
governor in council by any orders to give extended effect to
treaty with United States,
first eighteen sections of 94th cap. " of coast and deep sea fish-
eries" suspended, as regards the United States,
schedule of articles exempted under treaty.
DWELLINGS. See habitation. 163 — 619
EDUCATION. See public instruction. 60 — 209
EJECTMENT. See sale of lands under foreclosure of mortgage,
supreme court.
ELECTIONS—
qualification of electors at,
paupers and Indians not to vote on residence qualification,
titles of electors at — to be registered six months previously to
teste of writ,
qualification of candidates at — on titles
fraudulent conveyances to vote at — absolute against grantees,
penalty for making or voting under,
penalty for making or voting under a fraudulent deed, grantor
having no title to subject-matter,
prosecutions under sections 5 and 6, when to be commenced,
judgment for any penalty under cap. 5, how levied — impri-
sonment for,
persons voting at, on residence, to be sworn — form of oath, &c. ,
unnecessary questions prohibited,
duty of sheriff when qualification deficient,
mode of proceeding when unqualified person persists in voting,
residence not lost in certain cases,
a residence of three months in county necessary to give right
to vote,
oath number five to be taken by voters,
a non-resident voting, penalty for,
mode, and by whom recovered,
schedule of oaths at,
BRIBERY AND TREATING AT.
entertainment furnished for — ^not recoverable,
penalty for furnishing liquors at,
penalty for asking or receiving bribes,
46
117
—
394
134
'^. —
487
5
1-2
7
5
2
S
5
3
8
5
4
8
5
5
8
5
5
8
5
6
8
5
7
8
5
8
9
5
9
9
5
9
9
5
10
9
5
11
10
5
12
10
5
13
10
5
14
10
5
15
10
5
15
11
5
—
11-12
6
1
12
6
2
12
6,
3.
la
Cap. Seg. Page.
708 INDEX.
ia.ECTIONS, (Voniinued.)
penalty for offering bribea,
penalty how recovered,
limitation of actions under cap. 6,
BANNER or CONDUCTING.
eleetoral districts and polling places to remain as established.
(N. B.— Altered by acts of 1859),
electors near Windsor and Falmouth, where to vote,
writs for — how transmitted — their contents,
sheriff's duty on receiving the writ,
" county and township to be conducted together,
sheriff's duty on opening his court at,
sheriff's duty at his court at,
mode of proceeding at, if candidate's gualiflcation disputed,
candidate at, ineligible if qualification not verified,
unless candidate's name entered on pcdl book, no votes to be
taken for him,
hours of opening and closing poll at,
booths to be erected by sheriff at,
sheriff to appoint presiding officer and poll clerks at,
sheriff may act as presiding officer,
duty of presiding officer — his oath and that of poll clerk,
appointment of presiding officer, agent and clerk of candidate,
— oath,
electors at, how and where to vote,
non-resident township electors at, where to vote,
lines in dispute, reputed residence to be the,guidej
presiding officers, &c. at, may vote where acting,
voter's property to be described — manner of objecting,
presiding officers at — shaU administer oaths taken by electors,
elector at,'refusing oath, vote to be expunged, ]
manner of voting at,
duty of presiding officer at close of poll at,
duty of clerk at close of poll at,
penalty for misconduct of presiding officer,
penalty for presiding officernot returning poll books,
penalty for poll clerk's misconduct,
penalty for voting in a wiong district at,
penalty for twice voting— or under false or other name,
sheriffs and presiding officers conservators of the peace,
poll clerk to act as presiding officer, in case of death or acci-
dent,
poll clerks place how supplied in case of accident,
sheriff's duty on re-assembling his court,
{)enalty for misconduct of sheriffs at,
scrutiny at, demanded— duty of sheriff,
sheriff's duty when poll books not returned,
proceedings against presiding officer for not returning precept
and poll books, 7 39 21
6
4
12
6
5
12
6
6
12
7
1
13
7
2
13
7
3
13
7
4
13
7
5
. 13
7
6
13
7
7
14
7
8
14
7
9
15
7
10
15
7
11
15
7
12
15
7
13
16
7
14
16
7
15
16
7
16
16
7
17
17
7
18
17
7
19
17
7
20
17
7
21
17
7
22
17
7
23
18
7
24
18
7
25
18
7
26
18
7
27
18
7
28
18
7
29
19
7
30
19
7
31
19
7
32
19
7
33
19
7
34
20
7
35
20
7
36
20
7
37
21
7
38
21
INDEX.
ELECTIONS, (Continued.)
candidates remedy where aggrieved at,
judgments for penalties under cap. 7 how enforced,
penalties under cap. 7 how recovered,
sheriffs fees and charges at,
meaning of terms in cap. 7,
schedule of oaths at,
controverted. See controverted elections.
scrutinies at. See scrutinies.
ESCAPE. See administration of justice, offences against.
ESCHEAT, COURT OF—
notice of inquest of office, how published and given,
inquisition to be returned to surveyor general, and traversable
in supreme court, on removal by judges order,
tenant neglecting to notify landlord, shall forfeit £100,
escheated lands, not to be granted, except to original owner,
within a year.
ESTATES' TAIL—
estates' tail abolished, and hereafter to be adjudged, fee
simple.
ESTATES OF DECEASED PERSONS. See probate court—descent
of property, and wills. pp. 428, 391, 386
EQUmr, PROCEEDINGS IN—
chancery jurisdiction transferred to supreme court,
practice of supreme court, to be observed except when altered
or modified by this chapter,
court of chancery abolished, and business transferred to the
supreme court,
mode of proceedings in. suits heretofore cognizable in chan-
cery,
mode of pleading therein,
either party may demur — how heard,
judge to settle issue, when facts complicated or obscure,
trials of issues in fact, and new trials to be governed by same
rules as in supreme court,
judgment to be given according to very right of cause and
matter in law, upon principles of court of equity,
judge may order disputed facts to be tried by a jury, and to di-
rect inquiries by a master as to matters of account — re-
port of master to be submitted to a judge, and may be
heard, modified, or set aside, after hearing parties — no
written exceptions to be filed,
rules for practice of court to be made by judges — to be pub-
lished in royal gazette,
MORTGAGES.
suits for redemption and foreclosure, to be brought on same
principle as in court of chancery,
Cap.
Sec.
Pace.
7
40
21
7
41
21
7
42
22
7
43
22
7
44
22
7
—
23
9
—
26
8
—
24
161
616
129
129
129
129
112
127
127
127
427
428
428
428
381
127
1
413
127
2
413
127
3
413
127
4
413
127
5
413
127
6
414
127
7
414
127
8
414
127
9
414
10 414
11 414
12. 414
710 INDEX.
Cap. Sec. Page.
127
19
415
127
20
415
127
21
416
EQUITY, PROCEEDING IN, (Continued.)
SPECIFIC PERFORMANCE.
suits for specific performances, may be brougkt, and court
may determine according to justice of ease, and principles
of court of equity, 127 13 414
a master to execute deeds, where party refuses to execute same, 127 14 414
in actions for return of chattels, court may order execution
for return of chattels — if chattels cannot be found and not
otherwise ordered by court, execution may issue to levy on
defendant's lands and chattels, &c. — plaintiff may levy for
damages, costs, and interest, 127 15 415
WRITS OF MANDAMUS.
mandamus may issue in certain cases, either with or separately
with summons, in any action for fulfilment of any duty, 127 16 415
what writ shall set forth, 127 17 415
pleadings and costs in mandamus, same as in other action for
recovery of damages, 127 18 415
if judgment given that mandamus issue peremptory, manda-
mus may issue,
form of execution — to whom directed, &c.
force and effect of mandamus,
act may be ordered to be done by plaintiff, or some other ap-
pointed by court at expense of defendant, 127 22 416
amount of such expense to be ascertained by writ of enquiry
or a master— same to be enforced by execution, 127 22 416
jurisdiction of court to issue mandamus as heretofore prescri-
bed— nor shall writ of mandamus issued as heretofore be
affected by action for mandamus under chapter 127, 127 23 416
application by motion for vrrit of mandamus in supreme court
— rule absolute if court thinks fit — writ to bear date on
day of issuing — returnable whether in term or vacation —
time allowed to return it by the court or a judge, with or >
without terms, 127 24 416
WRITS OS INJUNCTION.
writs of injunction may issue as in writs of mandamus, under
chapter 127, 127 25 416
writs of summons in actions for injunction, to be in same
form as summons in personal actions — notice to be en-
dorsed thereon, 127 26 418
proceedings in injunction, to be same as in action for manda-
mus— obedience to injunction may be enforced by attach-
ment, 127 27 416
•writs of injunction — when and how issued — how enforced, 127 28 417
defendant may plead any defence, which would entitle him to
have perpetual injunction, 127 29 417
ia actions in which right involved, injunction may be granted
by summary order in nature of injunction to restrain
such right — mode of obtaining same and proceedings
therein, 127 30 417
INDEX. 711
Cap, Sec. Page.
EQUrrY, PROCEEDINGS IN, (Continued.)
EQUITABLE DEFENCES.
in actions where equity would afford relief to defendant, he
may plead such equitable grounds, 127 31 418
facts or equitable grounds may be replied, 127 32 418
particulars of demand and set off, may be obtained as in other
cases, 127 33 418
in ejectment — defendant may set up defence on equitable
grounds, which would be available in chancery — tender
payment, set off may be pleaded in such actions — particu-
lars of demand and set off may be obtained as in other
cases — mortgage may be redeemed on payment of debt and
costs and lessor compelled to reconvey, 127 34 418
distribution of proceeds may be ordered by court, 127 35 418
if conveyance not made by plaintiff or defendant, sheriff may
make same by order of court or judge, 127 36 419
in proceedings under three last sections, writ of possession not
to issue without leave of court or judge, 127 37 419
defendant availing himself of equitable defence under sec. 34,
not to apply for relief in equity without leave of court, 127 38 419
REAL ESTATE OF INFANTS.
court or judge on application of infant by next friend, may
order sale or disposal of real estate in such manner as may
seem best — necessity for such sale or disposal to be summa-
rily enquired into on affidavit — bond to be given by next
friend, &c., 127 39 419
conveyances made in pursuance of the above section to be valid
— party making sale to file report in prothonotary's office
in county where land lie, 127 40 419
court or judge may direct mode of investment, &c. of proceeds
of sale for infant's benefit — principal not disposed of, if net
income £100, 127 41 420
infant to have no greater interest in proceeds than he had in
estate sold, * 127 42 420
registered conveyance as above, to be presumptive evidence of
regularity of proceedings. 127 43 420
PERPETUATING TESTIMONY.
persons desirous of perpetuating testimony may issue sum-
mons containing particulars, &c., which shall be served
on parties interested — notice of examination of witnesses
must be served ten days previously, 127 44 420
witnesses shall be examined before commissioner de bene esse,
or before a special commissioner, 127 45 420
examination shall be subscribed by witness and certified by
commissioner, 127 46 420
■deposition so certified, with copy of notice, &c., shall be filed
in prothonotary's office in county, within ten days there-
after, 127 47 421
712
INDEX.
Cap; Seo. Page.
EQUITY, PROCEEDINGS IN, (Continued.)
deposition may be issued in any suit pending or to be com-
menced between parties interested or notified to attend
examination, 127 48 421
attendance of witnesses may be enforced by subpoena, 127 49 421
costs in first instance to be paid by party seeking perpetuation,
and if subsequently used shall be in discretion of court or
jury, ■ 127 50 421
ASSIGNMENT OP CHOSES IN ACTION.
assignee of chose in action founded on money contract, and his
executor or administrator entitled to sue in hja own name
in as full manner as person originally entitled —defendant
may plead assignment to action brought by assignor — not
to affect collateral securities, or covenants running with
land, 127 51 421
right assignor tO' release or sue, after assignment shall
wholly cease, if more than one assignment, the first to ope-
rate unless second bona fide with possession of instrument .
and without knowledge of first, 127 52 422
fourteen days' notice of assignment must be given to defendant
before action brought, 127 53 422
in case of release by or payment to assignor without notice,
party liable may set up release or payment as defence to
action by assignee, 127 54 422
defence available against assignor, available also against
127 55 422
PRACTICE.
hearing may be had on writ and plea, after notice to defendant
that plaintiff does not intend to produce evidence, 127 56 423
issues to be tried by jury, to be determined by court or judge, 127 57 423
interlocutory proceedings shall be decided bv court or judge
at chambers, where proceedings must be by summons and
order, ^ 127 58 423.
appeal granted against judge's order on security ; but not to
stay proceedings under order, 127 59 423
obedience to judgment, &o., enforced by attachment or exe-
cution, 127 60 423
defendants residing out of province may be summoned as if
resident, subject to conditions as to time. &c., to be fixed
by court or judge, 127 61 423
in foreclosures absent defendants may be summoned by gazette
notice, • 127 62 423
court to have discretion aa to costs, now exercised by chancery
court, 127 63 424
hearings and arguments to be governed by rules prevailing in
supreme court, 127 64 424
m default of appearance, &c., or admission by defendant of
material facts, court or judge empowered to make order
as-to relief, &e., 127 65 424
127
68
425
127
69
425
127
70
425
127
71
425
127
72
425
127
73
425
127
■74
425
127
75
425
127
76
425
127
—
426
INDEX. 713
f^ip Sbo Pace
EQUITY, PROCEEDINGS IN, {Continued.)
legal and equitable causes of action may be united in same
writ if accruing in same right, and triable at same place, 127 66 424
rules regulating parties to suits defined — as to defendant
objecting, 127 67 424
court or judge may dismiss suit if not prosecuted by plaintiff
within reasonable time,
receiver may be appointed, when necessary, by order,
hearings may take place in vacation before three judges,
costs shall be taxed by judge,
former fees abolished — fees to be taxed according to schedule,
taking greater fees punished by forfeiture of ten pounds and
excess,
action under preceding section to be brought in six months,
office of master of rolls abolished,
chapter to come into operation on t'.e let August, 1855,
table of fees.
EXECUTIVE AND LEGISLATIVE DISABILITIES.
See disahility. 2 — 5
EXECUTOR'S, ADMINISTRATORS, AND TRUSTEES, SUITS
AGAINST—
executors or administrators within one year after death of a
party may maintain trespasss, or trespass on the case for
injury to real estate of deceased committed within six
months previous to his decease, 143 1 575
executors and administrators liable to action of trespass within
six months after death of party, 143 2 575
executors and administrators liable to action of debt on simple
contract,
legacies may be recovered by action at law,
residuary legatee being an executor may sue co-executora,
executors Tefusing to act and to whom probate not granted,
need not be named in any suit, 143 6 575
executors and trustees, unless otherwise directed by the will,
authorized to make investments in provincial debentures
or savings' bank,
trustees may be discharged from trusts, and the mode,
trustees may be removed, and the mode,
how new trustees to be appointed,
costs how to be paid.
EXHIBITIONS, PUBLIC—
licenses may be granted by clerk of licenses with consent of
two justices, upon payment 9f discretionary sum in
advance,
where clerk of license absent, or resident five miles off, two
justices may grant license and make return to clerk
of peace,
fee of two shillings and sixpence payable to clerk of license
on granting same,
143
3
575
143
4
575
143
5
575
143
7
576
143
8
576
143
9
576
143
10
576
148
11
576
1G5 1 376
105 2 376
105 3 376
714
INDEX.
Cap. Sec. Faqb
EXHIBITIONS, PUBLIC, (Continued.)
persons holding public exhibition without license, shall forfeit
five pounds per day; to be summarily recovered before two
justices and paid by them to clerk of licenses within thirty
days after receipt, 105 4 376
all monies received hereunder shall be paid over to county
treasurer by clerk of license ten days before meeting, of
sessions, 105 5 376
chapter not to extend to city of Halifax. 105 6 376
EVIDENCE, WITNESSES, AND THE PROOF OP WRITTEN
DOCUMENTS—
commissions for taking examinations of witnesses abroad, to
be issued on application by affidavit to court or judge, 135 1 53&
depositions of witnesses, aged, infirm, or about to leave the
province, may be taken before judge or commissioner —
attendance of unwilling witnesses how to be enforced, 135 2 538-
where witnesses reside out of county where cause is pending,
judge may order deposition to be taken by interrogatories
or otherwise, 135 3 538
twenty four hours notice to be given of examination where op-
posite party resides in same county, otherwise, at least
eight days notice, 135 4 539
witness refusing to obey order for his examination after notice
and tender of fees, deemed guilty of contempt, 135 5 539
witness not compellable to produce writings not liable to pro-
duction on trial, 135 6 SSO'
deposition not to be read in evidence, without proof of death
absence, or infirmity of witness — deposition duly certified
to be received, subject to just exceptions, 135 7 539
written or printed documents in continued causes, may be ex-
hibited by either jJarty for admission on trial — cost of pro-
ving same to fall upon party refusing, in certain cases, 135 8 539
cost of proving such documents to be disallowed when party
neglects to exhibit within reasonable time, escept on
cause shewn, 135 9 539
what costs to be allowed relating to documents, 135 10 539
in case of documents exhibited and not admitted, party pro-
ving, to pay costs, if they were not req,uired on trial, 135 11 540
when judge shall think there were good grounds for declining
to admit documents,, party declining not liable absolutely,
but costs shall be costs in cause, 135 12 540
witness not incompetent on account of crime or interest, 135 13 540
parties to suits, &c., competent witnesses except as hereafter
excepted, 135 14 540
in criminal proceedings the party charged not a competent
witness — husband or wife not competent witnesses for or
against each other on such proceedings,
communications between husband and wife privileged,
the last three sections not applicable to cases of adultery,
135
15
540
135
16
540
135^
17
541
INDEX. 715
Cap. Sec. Page,
EVIDENCE, &c. (Continued.)
proclamation, treaties, &c., of foreign state or British colony,
and British, foreign, or colonial judgments, decrees, &c.,
in what cases admitted as evidence, and how proved, 135 18 541
documents, &c., admissable in evidence in the United King
dom, without proof of signature, seal, &c., shall be
admitted to the same extent ia this province, 135 19 541
copies of documents filed in court duly certified, shall he
received as evidence to same extent as originals, 135 20 542
affidavits to hold to bail, &c., in this province made in United
Kingdom, colony, or foreign state, may be acted upon as
if made in province, provided they have proper authenti-
floation, 135 21 542
registers, &c., of British ships may be proved by production of
original or of an examined and certified copy, which copy
person having original, is required to give — fee for copy, 135 22 542
officer, &c., giving false extract or copy, guilty of misde-
meanor, 135 23 543
all parties authorised to hear &c. evidence, may administer
oath to witnesses legally called before them, 135 -24 543
person forging or tendering in evidence forged documents men-
tioned in chapter, liable to imprisonment — such forged
document, if admitted, maybe impounded at request of
opposite party — offence where triable — accessories may
be indicted in county where principal may be tried, 135 25 543
copies of grants or of minutes of council relating to title of
lands, duly certified, reoeiveable as evidence, 135 26 543
certified copy of deed receivable as evidence in absence of origi-
nal, upon affidavit that original cannot be procured, 135 27 544
probate of will or certified copy receivable as evidence, hut
court may order original will to be produced, . 135 28 544
ten days' notice to opposite party must be given of intention
to take advantage of two preceding sections, with sche-
dule of deeds, &c.: — notice may be dispensed with by
judge, 135 29' 544
certified copy of duplicate original of grant, receivable as evi-
dence, 135 30 544
plan of township returned under section 31 of cap. 113, cer-
tified by prothonofary, presumptive evidence of origi-
nality, and receivable as evidence, 135 31 544
when witness resides more than five miles from place of trial,
a justice may issue summons requiring his attendance, 135 32 544
no witness compellable to attend or give evidence until reason-
able charges tendered to him, 135 33 544
testimony of judge of supreme court may be taken before a
judge or commissioner, as in case of witness about to leave
province — may be used on trial, although judge not out of
province, if necessarily absent from county, 135 34 544
47
716
INDEX.
Cap. Sec.
■EVIDENCE, &c. (Continued.)
witness refusing to be sworn from scruples, may be affirmed by
qualified person— form — to have same eflfect as oath, 135 35 544
person affirming falsely to incur same penalties as are enacted
for punishment of perjury, 135 35 545
party producing witness not to impeach his credit by general
eridence of bad character, but may contradict him by
other evidence, or proof of his contradictory statement,
~-in last case, particulars to be stated to witness, 135 37 545
evidence of inconsistent statement to witness, when and how
to be proved, I35 33 545
"witness may be examined as to previous written statements
made by him without the same being shown to him — if
intended to contradict by such writing, the particular
parts must be mentioned to him — ^judge may order pro-
duction of writing, 135 39 545
if witness refuse to admit previous conviction for felony, &c.,
opposite party may prove same — what sufficient proof, 135 40 546
attesting witness not necessary to prove instrument to validity
of which attestation is not requisite — same may be proved
as if no attesting witness, 135 41 546
comparison of hand writings may be made by witness ; such
writings to be submitted to court and jury, 135 42 546
in motions on affidavits, new matter may be answered by leave
of court or judge, 135 43 546
on hearing motion of summons, production of documents, and
viva voce examination of witnesses may be heard by court
or judge, 135 44 540
court or judge may order mode by which such witnesses shall
be examined, and documents produced, 135 45 546
mode of compelling a party refusing to make an affidavit
required in proceedings in a civil suit — judge may make
order for production of papers, writings, or other docu-
ments, and may impose terms, &c., 135 46 547
how order of judge to be proceeded on, 135 47 547
a court or judge on affidavit, may order that party against
vvhom application is made, shall answer by affidavit,
stating what documents he or they has or have in his or
their possession, relating to the matter in dispute, and
his objection to the production ; and in hearing the case
may make such order as the justice of the case requires, 135 48 547
interrogatories may, by order of court or judge, be delivered
with declaration or plea, and party not answering in ac-
cordance with order, to be guilty of a contempt,
application for order, how .made,
in case of insufficient answer, party may by order be examined
orally,
oral e^minat'ion, how taken.
135
49
547
135
50
548
135
51
548
135
52
548
135
53
548
135
54
549
135
55
549
135
56
549
135
57
549
135
58
549
135
59
549'
135
60
549
135
61
550
INDEX. 717
„,„„„,,„„ . Cap. Seo. Page.
EVIDENCE, &c., (Continued.)
examination under sections 44, 45, 46, 47, 51, 52, to be retur-
ned to prothonotary of court, and office copies may be
given out, and may be used as depositions, de bene esse,
judge or commissioner may make a special report,
costs of order or report under sections 44, 45, 46, 47, 51, 52,
to be in discretion of judge, &o.,
term commissioner explained ,
examination of witnesses abroad by consent,
prothonotary may grant rules for commLssions,
examinations may be opened and copies given out,
no examination shall be set aside, unless by affidavit showing
grounds, &c.,
application of sections 14, 15, 16, and 17,
certificates and copies of official papers duly certified, presump-
tive evidence on the trial of any suit in reference to reve-
nue laws. 15 23 47
FACTORS AND AGENTS—
agents in possession of goods or documents of title thereto,
shall be deemed owner as regards contracts for sale, or by
way of pledge for advances, altho' known only as agent, 80 1 306
agents contracts for pledge &c. of goods, or the documents of
title thereto in consideration of delivery of other goods or
documents of title, to be as valid as if consideration had
been advance of money, — lien acquired not to exceed
value of goods &c. at time of delivery, 80' 2. 300
contracts made in good faith and without notice of agents
acting in bad faith, alone to be valid and binding on
parties interested, 80 3 306'
sale, lien, or pledge for antecedent debt due by agent, not
valid, or authorize deviation from owners orders, 80 4 306
definition of documents of title, 80 4 306
agent deemed possessed of goods represented by document in
his possession, 80 5 307
pledge or lien on document deemed a pledge or lien on goods,
to which document relates, 80 6 307
agent deemed possessed of goods or document, whether the
same be in his custody or subject to his controul, 80 7 307
advance made to an agent on faith of contract to consign, &c.,
and goods, &c. received under such advance without no-
tice, shall be deemed an advance on security of such goods,
although goods, &c. not received previously to advance, 80 8 307
contract whether made direct with such agent or other on his
behalf, shall be deemed to be made with agent, 80 8 307
payment whether by money or negotiable security, deemed an.
advance, 80 9 307
agent in possession of goods or documents of title, deemed en- '
trusted by owner, unless evidence to the contrary, 80 10 307
agent pledging goods unauthorized or contrary to good faith,.
guilty ot misdemeanor, 80 11 307
718
INDEX.
Cap. Sec. Page.
Factors, (Continued.)
punishment therefor, 80 11 307
accessories who — and how punished, 80 12 307
agent not liable for misdemeanor where goods pledged by him
for advances or acceptances previously made, 80 13 307
conviction of agent not evidence against him, &c., 80 14 308
■agent not liable to conviction, if he had previously made dis-
closure on oath, under process of any court in an action
by party aggrieved, 80 15 308
provisions of cap. 80 or judgment under them, shall not affect
remedy at law or equity of party aggrieved.
False pretence. See fraudulent appropriations,
FARMS, GARDENS, AND ORCHARDS. See malicious injury
to property,
FEES. See costs and fees,
FENCES, FENCE VIEWERS, AND IMPOUNDING OF
CATTLE—
fences of enclosed lands how to be constructed
height of fences established,
damages by cattle — by and from whom recoverable,
damages to be ascertained by appraisment,
amount appraised may be recovered as debt after notice,
partition fences, how to be erected — in case of differeoce
nearest fence viewer to decide,
fence viewers remuneration — penalty for neglect,
owner of improved land, having made his proportion of fence
between adjoining proprietor, not required to keep fence
in other places,
justices of peace to determine sufficiency offences,
appeal allowed from decision of justices to sessions,
.titles to lands on which fences stand, not affected,
owner of unimproved land not compelled to fence,
•cattle trespassing on enclosed lands may be impounded,
duty of pound keeper in such cases,
ifees payable to pound keeper — surplus, if not claimed within
30 days, how disposed of,
fines for rescue and pound breach, how recovered, &o.,
what water boundaries deemed lawful fence,
.parties aggrieved may. appeal to sessions,
.damages recoverable, if portion offence broken lawful,
owner liable for damage, if his cattle break through his por-
tion of division fence, ' 49 20 193
person destroying railing, stone wall, or fence, on side of
jpublic square, &c., liable to penalty. 49 21 193
FERRIES—
sessions .may establish ferries and regulate ferriage,
Lennox Passage and Gut of Canso, to have ferrymen each side,
good boats to be kept, and passengers readily attended to,
80
16
308
164
—
621
166
625
154
—
601
49
1
190
49
2
190
49
3
190
49
4
191
49
5
191
49
6
191
49
1
7
191
49
8
191
49
9
191
49
10
191
49
11
191
49
12
192
49
13
192
49
14
192
49
15
192
49
16
192
49
17
192
49
18
192
49
19
193
72
1
271
72
2
271
72
3
271
AP.
Sec,
Pagb
72
4
27]
72
5
27:
75
1
28(]
75
2
28(
75
3
28C
75
4
28]
75
5
28]
75
6
281
75
7
28]
75
8
28]
INDEX. 719
PERRIES, {Continued)
neglect of duty punishable by fine, and action for damages,
interference with the rights of licensed ferryman how punish-
able.
FIELDS, COMMON—
lines of unfenced or common lands how run and kept up,
proprietors to meet annually and make regulations,
regulations to be recorded — entry sufficient evidence of same,
fine for non-compliance with regulations,
proprietor neglecting to obey regulations after notice, to pay
double the expense to fence viewer,
brands for cattle adopted by proprietor, to be recorded,
penalty for entry of similar brand or mark in book,
fine for branding animals with unrecorded brand or mark,
proprietors of lands adjoining common fields, to make division
fence good, if defective — forfeiture for neglect, 75 9 281
proprietor desiring to have his land separately fenced, to bear
w^hole expense unless two-thirds in interest assent, 75 10 281
annual committee of management, how appointed, 75 11 281
assessment for making or repairing roads across, how to be
made and apportioned, 75 12 281
Grand Prairie and Wickwire dykes exempt from section 12 —
powers of committee respecting such dykes, 75 13 282
collectors may be appointed by committee — their duties defined, 75 14 282
allowance to committee may be included in sum to be as-
sessed, 75 15 282
FINANCIAL SECRETARY—
to give bonds and hold office during pleasure, 36 3 158
to have clerk — bond by clerk — his salary — by whom to be
appointed — duration of his office,
to be a member of provincial administration,
duties of,
to examine and certify all accounts before warrant issue for
payment,
to examine and check receiver general's accounts,
management of his office under direction of governor in council,
his salary ; see salaries.
FIRES AND FIREWARDS—
places to which provisions of this chapter shall extend,
limits of towns and places for purposes of this chapter defined,
provisione of chapter how carried out in city of Halifax,
firewards how appointed — to be sworn and have a badge of
office,
duty of firewards on breaking out of fire — their powers,
buildings may be pulled down in certain cases — order therefor
— contribution — damages and mode of recovery,
word " sessions " to mean general or special,
fire-proof buildings, &c., how taxed,
36
4
158
36
5
158
36
8
158
36
9
159
36
10
159
36
11
159
99
1
365
99
2
365
99
3
365
99
4
365
99
5
365
99
6
366
99
7
307
99
8
367
720 INDEX.
Cap. Sec. Page
99
11
367
99
12
367
99
13
368
99
14
368
99
15
368
99
J6
368
99
17
368
99
18
368
99
19
368
99
20
368
99
21
368
99
22
369
99
23
369
99
24
369
99
25
369
riRE AND FIREWARDS, (Continued.)
fine for breaking open buildings without proper authority, 99 9 367
duty of firewards as regards implements — sessions to order
such as may be necessary, 99 10 367
districts and implements to be numbered — provisions for safety
of implements,
appointment of firemen — their duty,
a fireman to have powers of fireward,
fire constables how appointed — their duty and powers,
general sessions may assess for fire engines,
mode of assessment of fire engines,
assessment to be enforced as county assessment,
collectors to pay over monies collected to county treasurer,
forfeiture for neglect by collectors,
enginemen how appointed — their duties,
one of tlie enginemen to have the power of a fireward,
firemen and enginemen exempt from certain public duties after
sixteen year's service and certificate,
vacancies how supplied,
chimney sweepers how appointed and licensed — penalty for
acting as such without license,
chimney sweepers to give bond — penalty, &c.,
firewards to make regulations for sweeping chimneys — fines for
neglecting regulations against occupiers, 99 26 369
fireward's power to enter buildings to inspect chimneys, stoves,
stove pipes, &c., 99 27 369
powers of firewards to remove combustible materials, &c., 99 28 370
provisions respecting gunpowder — penalty and mode of
enforcing, 99 29 370
warrants to issue— places broken open, if necessary, to search
for dangerons quantities of gunpowder, 99 30 370
sessions empowered to make regulations and orders relative to
fires, 99 31 870
wilful destruction or injury to pumps, wells, engines, or fire
implements, punishable by fine or imprisonment in default
of payment, 99 32 371
chairman to be appointed annually by firewards, who shall act
as treasurer and account annually, 99 33 371
penalties to be applied in purchase and repair of implements —
sessions may direct procuring new engines, &c. — expense
to be assessed in same manner as poor rates, and paid to
county treasurer, 99 34 372
origin of fires may be investigated, where cause not known, by
municipal authorities or justices — proceedings filed in
prothonotary's office, 99 35 371
" firewards " shall include one or more, if not otherwise
expressed. 99 36 371
100
3
372
85
—
312
85
312
INDEX. 721
FIRE ARMS AND FIRE WORKS- ^^"^ ®'"'- ^'"'''•
unnecessary discharge of fire arms within certain limits
punishable by fine, or imprisonment for twenty four
hours in default of payment, 100 1 372
■wanton throwing of fire works into streets or buildings, or
making bonfires within 100 yards of buildings, punish-
able by fine and imprisonment in default of payment, 100 2 372
prosecution must be commenced within eight days from
offence.
FISH OIL. See inspection of provisions.
FISH, PICKLED. See inspection of provisions.
FISHERIES, COAST AND DEEP SEA—
revenue officers, sherifis, magistrates, &c. may board vessel or
boat in harbor, or hovering within three miles of shore,
and may remain on board while within suoh distance, 94 1 354
proceedings to be taken when master bound elsewhere, refuse
to depart after notice, 94 2 354
foreign vessel or boat not navigated according to laws of Great
Britain and Ireland, found fishing or preparing to fish or
to have fished three marine miles of such coast or harbor,
shall be forfeited with cargo, 94 3 355
vessels and boats liable to forfeiture may be seized by com-
missioned officers, &c. — opposing officer or aiding opposi-
tion, to forfeit £200, 94 4 355
officers of colonial revenue to have custody of vessel and goods
seized, &o. — to be secured, &c. as other vessels by officers
next to place of seizure, 94 5 355
condemned vessels how disposed of, and the proceeds how
applied, 94 6 355
penalties and forfeitures, how and when prosecuted, 94 7 355
judge of vice admiralty, with consent of parties seizing, may
order re-delivery of goods, vessel, or boat, on security, 94 8 355
suits how brought, and in whose name — if dispute as to person
being authorized to seize, oral evidence may be heard
therein,
onus probandi of illegality of seizure on, owner or claimant,
claim to be on oath, with name of owner, residence, occupa-
tion, and description of property,
security to be given before claim entered,
one month's notice to be given to officer before action brought-
amount, &c.
action to be brought within three months, &c.
certificate of probable cause — clainmant not to receive costs, &c.
amends may be offered and pleaded,
limitation of actions for penalties,
no appeal unless inhibition applied for within twelve months,
coasting vessels under 60 tons burthen to have a narrow piece
of plank or iron affixed to bottoms of keel, &c., — excep-
tion, 94 19 S57
94
9
355
94
10
356
94
11
356
94
12
356
94
13
556
94
14
356
94
15
356
94
16
356
94
17
356
94
18
356
722
INDEX.
Cap. Sbc. Page.
94
23
357
94
24
357
94
.
358
FISHERIES, COAST AND DEEP SEA, (Continued.)
owner or master of coasting vessel not so provided running
foul of nets, to forfeit £5, to be recovered as a private
debt, with damage, under common law rights, 94 20 357
definition of terms, 94 21 357
first eighteen sections suspended as regards citizens of the Uni-
ted States, so long as treaty between her majesty and that
country, signed on fifth day of June, 1854, shall continue
in force, 94 22 357
agreement to be entered into between master and crew in deep
sea fishery — terms of agreement,
penalty for desertion the same as under chap. 76,
schedules.
FISHERIES, RIVER—
fine for taking salmon, 95 1 358
fisheries on rivers running through private lands, to be regula- ■
ted by sessions — exception, 95 2 358
sessions order to have force and efiect only to centre of channel
or river, being such dividing line, 95 3 359
orders respecting the setting of nets, &c., to be made by
sessions, 95 4 359
regulation of salmon fishery and protection of, 95 5 359
•fine and forfeiture for violation of last section — trial of offen-
der and appeal. 95 6 359
persons equipped for fishing by night to be construed as in the
act of fishing,
appointment of wardens, and how sworn,
compensation for wardens, &c.
FORCIBLE ENTRY AND DETAINER—
warrants to issue and party held to bail,
in what cases warrant may issue,
complaint to be summarily tried — possession when to be gi-
ven— damages, 140 3 569
what sufficient notice to quit in tenancy for year, month, and
week,
FORECLOSURE OF MORTGAGES. See lands, sale of, under.
See also equity, proceedings in,
FORGERY AND OFFENCES RELATING TO THE COIN—
punishment for forging public seals, &c.,
for forging or altering a writing,
definition of word " writing" in section two,
" person" in section two,
punishment for forging muniment of title,
counterfeiting coin,
FORMS — slight deviations from, not to vitiate,
FORTIFICATIONS, PUBLIC—
private property may be appropriated for, or other military
purposes — mode of obtaining, 31 1 147
95
7
359
95
8
360
95
9
360
140
1
569
140
2
669
140
4
569
117
—
394
127
—
414
165
1
624
165
2
624
165
3
624
165
4
624
165
5
624
165
6
624
1
7
4
31
2
147
31
3
147
21
1
402
.21
2
403
121,
3
403
121
4
403
121
5
403
121
G
403
164
1
621
164
2
621
INDEX. 723
S'ORTIFIOATIOjSTS (Continued.) ^'^' ^°' ^^"^'
value of private property when required, how and to whom
paid — in case of minors,
fines on sheriff and jury neglecting duty.
FRAUDS AND PERJURIES, PREVENTION OP—
leases and estates in land not in writing, to be estates a.t will,
except leases under three years,
interest in lands not assignable except by deed ot note in wri-
ting,
no executor or administrator, or other person, chargeable with
debt, &c., out of his own estate ; or any defendant for
the debt, default, or miscarriage of another person ; or in
consideration of marriage ; or on contracts on sale of
lands, or agreement not to be performed within one year ;
unless "reduced into writing,
contract for goods above ten pounds not valid unless reduced
into writing, part payment accepted, or earnest given,
no trusts save implied, or resulting trust valid, except in writ-
ing,
assignment of trust to be in writing,
FRAUDULENT APPROPRIATIONS—
punishment for robbing the person,
assault with intent to rob,
robbing the person, and causing grievous •
bodily harm, 164 3 621
against a person armed with any offensive weapon,
or together with one or more who shall assault,
with intent to rob, and cause grievous bodily
harm, 164 4 621
for demanding property with menace or violence
or force, with intent to steal, 164 5 621
stealing from, or plundering a wreck, 164 6 621
accusing or threatening to accuse, &c., with
an abominable offence, and thereby extort-
ing money, 164 7 621
a theft committed by accusing or threatening
^0 accuse a person of felony, 164
attempting to commit a theft by sending
threatening letters, &c.,
what shall be held sending threatening letters, &o.
punishment for larceny,
destroying or concealing wills,
stealing muniments of title,
stealing valuable securities,
stealing or killing cattle with intent to steal, &c
last four sections not to affect civil remedies,
punishment of a clerk or servant stealing from his master,
for obtaining articles by false pretences,
a false pretence — what shall be,
frauds in games, bets, or wagers, held a false pretence,
48
622
164
9
622
164
10
622
164
11
622
164
12
622
164
13
622
164
14
622
164
15
622
164
16
622
164
17
622
164
18
623
164
19
623
164
20
623
724
INDEX.
Cap: Sbo. Pase,
164
24
623
164
25
623
17
15
60
38
8
161
38
9
161
158
—
613
164
20
623
166
—
625
107
—
378
44
—
168
1
7
4
FRAUDULENT APPROPRIATIONS, (Continued.)
when the offence proved is a larceny, in what case it shall be a
defence or a charge of false pretence, 164 21 623
punishment for clerk or servant embezzling masters property, 164 22 623
receiving stolen goods, knowing them to be
stolen, or obtained by false pretence or
embezzled, ' 164 23 623
'regulations to be comformed to by all dealers in marine
stores, &c.
punishment for secreting stolen marine stores,
IFREIGflT, goods in warehouse liable for,
iFUNDED DEBT—
not due to savings' bank may be paid off as governor in coun-
cil shall think prudent, 38 7 161
•loan certificates may issue — their form, and transferable by en-
dorsement,
interest on loan certificates, how and when payable,
GAMBLING HOUSES. See public morals, offences against.
GAMES, BETS AND WAGERS. See fraudulent appropriations.
GARDENS. See malicious injury to property.
GEESE. See
GENERAL SESSIONS OF THE PEACE. See sessions.
GOOD FRIDAY ; act to be done on, to be done the next day.
GOODS, EXPORTATION OF AND DRAWBACKS—
drawbacks allowed on certain goods, and under what circum-
stances, 18 1 61
goods warehoused on importation, may be exported without
payment of duty, 18 2 61
goods intended to be exported from warehouse, or otherwise
where drawback claimed, shall not be laden until entry
outwards made and permit granted, &c. — nor except in
presence of an officer, under penalty of forfeiture, 18 3 61
by whom and in what manner entry to be made, 18 4 61
bond to be given by exporter, &c. of goods from warehouse,
to land them at place for which entered, 18 5 61
penalty against persons making entry outwards, other than
proprietor or master of vessel,
what shall be a valid permit,
on what goods drawback allowed, and quantity,
shipping permit for goods not exported from warehouse to be
certified by guager 18 9 62
affidavit to be made by exporter of goods not exported from
warehouse, and value of, 18 10 62
bond given on exportation of goods to be cancelled on produc-
tion of certificate from certain persons at place to which
goods were entered for exportation, 18 11 62
how drawback obtained on goods sent coastwise, 18 12 63
master delaying to unload goods or proceed on voyage, to pay
tide-waiter his daily wages, 18 13 63
18
6
61
18
7
61
18
8
62
18
14
63
18
14
63
18
15
63
18
16
63
INDEX. 725
Cap. Sec. Page
GOODS, EXPORTATION OF, &c., (Continued.)
articles for army and navy exempt from duties, but they must
be warehoused,
mode of entry on delivery from warehouse,
how to be obtained from warehouse,
drawbacks how obtained on shipment of such goods,
goods guaged and weighed for duty, drawback to be ascer-
tained and paid by same mode, 18 17 64
articles for army and navy on which drawback has been paid
if fraudulently relanded, tot)e forfeited,
persons concerned in such re-landing to forfeit £50,
board of revenue may authorize purchase of supply of wines
for three months, for use of officers of any ship of war,
bonds for such wines cancelled, or if duties paid, drawback
allowed,
agent may make entry, and ship and clear goods, owner being
over ten miles from collector,
no drawback allowed after two years,
agents may export goods and receive drawbacks for persons
abroad,
board to make regulations respecting exportation of liquors
on which drawback claimed,
goods entered for exportation from warehouse or for drawback,
forfeited if not forwarded as cleared, or if relanded,
penalty for giving false documents to get drawback,
operation of cap. 18 may be suspended by governor in council,
GOODS, WAREHOUSING OF—
warehouses established confirmed, but may be altered by board
of revenue, 17 1 58
board of revenue may establish warehouses, declare what goods
may be warehoused, annul any order establishing ware-
houses, &c., 17 2 58
all such orders to be transmitted to governor in council, and
published,
goods and liquors may be warehoused on bonds given —
proceedings where part of goods sold,
goods entered for warehouse forfeited if not deposited, or if
taken out without entry,
duty of officer on entry of goods for warehouse,
goods warehoused to be stowed at charge of owner — manner of
stowing,
samples may be taken by permission of collector,
what acts owner may perform in respect of goods, whilst in
warehouse, 17 8 59
goods may be removed from one warehouse to another, under
authority of collector, 17 9 59
goods warehoused to be cleared for exportation or entered for
home use within two years, or sold — disposition of pro-
ceeds, 17 10 60
18
18
64
18
18
64
18
19
64
18
20
64
18
21
64
18
22
64
18
23
64
18
24
65
18
25
65
18
26
65
18
27
65
17
2
58
17
3
58
17
3
58
17
4
58
17
5
58
17
6
59
17
7
59
726
INDEX.
Cap. sec. PkCK
GOODS, WAREHOUSING OF, (Continued.)
mode of transferring goods when in warehouse, 17 11 60
goods forfeited if fraudulently concealed or removed from
warehouse with owner's sanction, 17 12 60
proprietor or other person with his knowledge, fraudulently
opening warehouse or gaining access to goods, or adulte-
rating, or reducing, or increasing strength of any liquois,
to forfeit £100, 17 12 60
duties on goods entered for warehouse, remitted or returned in
certain cases, » 17 13 60
goods entered for warehouse may be re-entered and delivered
for home use as constructively warehoused, 17 14 60
warehoused goods to continue liable for freight, 17 15 60
GOODS, mPORTATION OF—
all goods liable to duties subject to provisions of cap. 16, 16 1 49^
no goods to be unladen or bulk broken, within three leagues
of coast, before report, entry, and permit granted, and
except in conformity with cap. 16, 16 2 49'
goods unladen contrary to cap. 16, forfeited — if bulk be bro-
ken contrary to sec. 2, cap. 16, master to forfeit £50, 16 2 49>
what shall be deemed breaking bulk, 15 2 49i
•fresh fish, coin, bullion and goods, stranded or wrecked,
may be landed without entry or permit, 16 2 49i
goods in stranded or wrecked vessel, when deposited on shore,.
to be reported, and entry made,. 16 2 49t
the landing of such goods to be in presence of an officer, 16 2 45)'
clearance of vessel, carrying goods coastwise, to be obtained
by master — what clearance to contain, 16 ' 3 49>
master subject to a penalty of 10s. for neglecting to obtain
such clearance, \Q 4 50
in certain oases masters may substitute a written manifest for
clearance, 16r 4 50
the master of every vessel arriving coastwise, having dutiable
articles on board, and the master of every vessel from
parts beyond seas-, to make report,
the particulars of such report,
penalty against masters for non-compliance with sec. 5, cap. 16",
duty of collector when contents of any package unknown,
live .stock may be unladen before report — in what oases,
goods by steamers may be placed in warehouse of owners or
agent, after report made by master, 16 8 51
collector or other proper officer to attend when steamboat
arrives at night, until all the goods warehoused, 16 8 51
rum, brandy, gin or alcohol, not to be imported in casks under
100 gallons, 16- 9 hi
or be exposed for sale in smaller casks,, unless imported previ-
ously to June, 1859,
proof on party in possession,
penalty against offender,
16
5
50
16
5
50
16
5
50
16
6
50
Ifr
7
51
16
9
51
16
9
51
16
9
51
16
9
51
16
10
51
15
10
52
16
10
52
16
11
52
16
11
52
16
12
52
16
12
52
16
13
53
INDEX. 727
Cap. Seo. Page.
GOODS, IMPORTATION OF, {Coniinuei,)
liquors to bo forfeited, 16 9 51
cap. 16 not to apply to liquors imported from Europe, British
West Indies, or British possessions in America,
revenue officers may board vessels, and powers while on board,
goods found concealed on board, forfeited,
master to pay £50 if any mark, lock, or seal, placed on goods
by the officer, be altered, broken, or opened, or if goods
be conveyed away, or hatchways opened by master, or
with his assent,
how entry to be made in cases of partial entry,
importers of goods to make entry inwards of all goods, three
days after entry of ship,
mode of entering goods inwards,
if importers do not make such entry within three days after
twenty-four hours' notice to importer, collector may have
the goods landed and warehoused-at expense of owner,
what a valid entry or permit,
permit not to be granted until duties paid, or if entered for
warehouse, bond given, 16 14 53
if duties not paid or bond given, goods to be sold after twenty
days, on four days' notice given of time and place of sale, 16 14 53
application of proceeds of sale, 16 14 53
person unauthorised ' by importer making fraudulent entry,
liable to penalty of £50, 16 15 53
no goods except such as are chargeable to duty, according to
number, weight, guage or measure, to be landed without
entry or permit, 16 16 53
to be landed at a place where an officer is appoihted, unless
authorised by permit, and in the presence of an officer, 16 16 53
all goods unladen contrary to law, shall be forfeited, 16 17 53
how goods chargeable with duty by number, weight, guage
or measure, to be unladen, 16 18 53
goods removed from place named in permit, without removal
permit, forfeited, 16 18 53
entry by bill of sight, in certain cases, 16 19 54
written notice of abandonment of goods to be given to collec-
tor— goods to be sold thereupon — after charges and duties
paid, balance of proceeds to be paid into treasury, 16 20 54
abatement of duties allowed to be made on certain goods when
damaged, 16 21 54
mode of obtaining abatement, 16 21 54
duties of officers in respect of damaged goods on which abate-
ment is required to be made, 16 21 54
value of goods chargeable with duty, to be certified on oath by
importer or agent,
what to be sworn to, or subscribed,
when goods appear to be undervalued, collector's duty,
appraisers to be paid ten shillings each,
16
22
54
16
22
54
16
23
«5
16
23
55
728
INDEX.
16
24
55
16
25
55
16
25
55
16
16
16
30
31
32
Cap. Sko. Pase.
GOODS, IMPORTATION OF, (Conlinvigd.)
prize or forfeited goods, if ralue cannot be ascertained, to be
valued according to gross price at sale, 16 24 55
all such goods to be sold at auction within two years after
importation,
surplus stores of vessels from parts beyond seas, liable to ,duty,
exception when not excessive, or unsuitable for voyage,
goods composed of different materials to be charged with the
highest duty of any one or more of the materials, 16 26
goods from Great Britain or British possessions, if any advan-
tage claimed therefrom, must have been duly cleared out-
ward from such places, and advantage claimed stated in
cocket, 16 27
goods brought by land, liable to duty, 16 28
vessels entering Gut of Annapolis, may pay duties either at
Digby or Annapolis, 16 29
vessels having dutiable goods on board, entering port to repair
damage, how goods to be landed and warehoused, and
regulations respecting such,
goods saved from sea and sold to pay salvage, board of revenue
may allow such goods to be sold free of duty to amount
of salvage, or to such other amount as they may think
proper,
wrecked goods liable to duty,
penalty for having wrecked goods liable to duty in possession
without having given notice, or not paying duty on de-
mand, &c. 16 32
penalty for altering or opening any package of wrecked goods
or abetting the act, 16 32
if duties not paid within eighteen montl^^ goods may be sold, 16 32
provisions where wrecked goods cannot be sold for enough to
pay duty, 16 32
owners of goods having possession thereof may retain the
same, on giving bond to pay duties within a year, 16 32
goods, how, when and where, to be landed, 16 33
expenses connected with the landing, removing, and weighing,
to be barne by the importer, 16 34
no vessel to pass into Bras d'Or Lake without anchoring at
entrance and paying duties,
GOVERNOR— word how construed,
GRAIN AND CORN. See inspection of provisions,
GRAMMAR SCHOOLS. See public instruction,
GRAND JURY. See juries,
GRANTOR — meaning of word,
GUAGERS AND WEIGHERS. See officers of customs,
GUARDIANS AND WARDS—
guardians may be appointed by father of children unmarried
and under twenty-one years of age — mode of appointing, 124 1 405
55
55
56
56
56
56
57
57
57
57
57
57
57
16
35
58
1
7
2
85
—
312
60
—
209
136
—
550
1
7
3
14
42
124
2
405
124
3
405
124
4
405
INDEX. 729
GUARDIANS AND' WARBS, (Coni!mue(i.) '^^^^ ^^''' ^''^'''
judges of probate may appoint guardians to minors, when
none appointed by father — who may be appointed — at
age of fourteen years, appointment in child,
powers of guardians,
guardian to give bond — condition.
Letters of guardianship how applied for, and guardian may
be appointed in a suit pending in probate court, without
bond, 124 5 406
this chapter not to affect apprenticeship legally entered into
by minor or overseer or commissioners of poor, 124 6 406
GUNPOWDER, TRANSPORTATION OF—
not more than lOOOlbs. of gunpowder shall be conveyed by
land at once, 101 1 372
if more than fifty pounds, placed in one cart, it must be
covered with woollen or hair cloth, 101 2 372
carriage conveying gunpowder not to be stopped less than
twenty rods from any dwelling, 101 3 372
metallic substances not to be placed in carriage conveying
above fifty pounds, 101 4 373
quantities over fifty pounds must be in barrels and properly
hooped, 101 5 373
quantities over twenty-five pounds, not to be carried except
in packages well hooped, and sufficiently wrapped in
woollen or hair cloth, 101 6 373
offences against this chapter, punishable by fine under £20, 101 7 373
carriage of gunpowder for her majesty's service, not affected
by this chapter. 101 8 373
HABITATION, OFFENCES AGAINST THE—
punishment for burglary, 163 1 619
breaking out of a house in the night, having entered with
intent to commit a felony, to be burglary, 163 2 619
proviso respecting buildings in which burglary may be com-
mitted, 163 3 619
punishment for burglariously entering a house, and assaulting
a person with intent to commit murder, 163 4 620
punishment for entering by night any building, &e., not
being part of dwelling house, according to the provision of
third section, for the purpose of burglary, 163 5 620
night defined for settling questions of burglary, 163 6 620
penalty for entering any building, &c., public office, or public
building, or any building for business, or barn, stable,
&c., in day time, to commit felony, 163 7 620
punishment where breaking proved, but felony not clearly
proved, 163 8 620
when defence of a burglary committed, shall not be a defence
to a charge of breaking, &c. 163 9 620
piinishment for maliciously firing a dwelling house, a person
being therein, 163 10 621
punishment for destroying or damaging a dwelling house
with powder, &c., a person being therein, 163 11 621
730
mo EX.
HARBORS-
HARBOR MASTERS-
HAY. See inspection of provisions,
HAY SCALES. See assessment, county.
HEALTH. See board of health.
HERRINGS, SMOKED. See inspection of provisions.
HIGHWAY LABOR IN THE CITY OF HALIFAX—
labor of teams, carts, or trucks, defined' — penalty for neglect,
persons who are liable to perform two day's labor,
who are liable to perforin six day's labor,
who are exempted from performing labor,
over sixty years of age liable to labor for teams, &c.,
day's labor under this chapter to be ten working hours,
commissioners may order winter labor when necessary— penalty
for non-performance of, after notice,
labor of men may be substituted for teams, if commissioners
see fit,
where more than two horses kept, additional labor to be per-
formed,
horses not employed with carts, &o., how to be rated,
persons not performing labor, to forfeit three shillings for each
day's labor,
monies and forfeitures, how to be recovered and applied.
HIGHWAYS, COASTING ON—
sessions may make regulations respecting coasting, and impose
fines for breach thereof,
parents and masters liable for penalty imposed on minors and
apprentices.
HIGHWAY LABOR IN GENERAL. See roads, expenditure on.
HIGHWAYS, STREETS AND BRIDGES. See surveyors of
highways, ^"C.
HORSES INFECTED. See sessions.
HOUSE OF ASSEMBLY. See assembly.
HYPOTHECATION OP VESSELS. Bi% interest.
ICE, ROADS OVER, Ac-
sessions may make regulations respecting tracks and roads over
the ice, and afiix penalties for breach thereof — to be ap-
plied one half to prosecutor and one half to county
purposes,
expense of making, &c., — such roads shall be a county
charge,
IMPARLANCE. See criminal justice.
IMPOUNDING CATTLE. See/ences.
INCENDIARISM. See malicious injury to property.
INCEST. See public morals, offences against,
INCUMBERANCES AFFECTING LANDS. Seerfeerfs, registry of.
Cap.
SEO.
PAtJB.
78
—
295
78
295
85
89
325
46
^-
170
54
—
200
85
—
325
65
1
239
65
2
239
65
3
239
65
4
239
65
5
240
65
6
240
65
r
240
65
8
240
65
9
240
65
10
240
65
11
240
65
12
240
109
110
378
100
2
378
66
—
241
63
.
227
107
—
378
3
—
6
82
309
379
110
2
379
108
—
630
41
—
190
166
—
625
158
—
613
113
.«*
381
INDEX. 731
Cap. Sec. Page.
INDIANS—
chief commissioner and deputies, how appointed, 58 1 207
instructions to be issued by governor in council, 58 2 207
commissioner's duties defined, 58 3 207
persons, having improved on Indian lands, how compensated, 58 4 207
prosecutions for encroachments to be by information, 58 5 207
duties of commissioner specially defined, 58 6 207
education of children provided for, 58 7 207
mode of providing permanent fund, 58 8 208
deputy commissioners to furnish report, 58 9 208
annual grant, how to be apportioned, 58 10 208
disabled from voting at elections on residence qualification, 5 2 8
INFECTED CATTLE AND VICIODS ANIMALS. See sessions. 107 — 378
INFECTIOUS AND CONTAGIOUS DISEASES. See loaris of
health. 54 — 200
INSOLVENT DEBTORS, RELIEF OF—
how commissioners appointed, 137 1 558
prisoner to exhibit petition and schedule, 137 2 558
summons to issue thereupon, 137 3 559
service of copy of summons and schedule — time to be propor-
tioned to distance, 137 4 559
oath to prisoner, if i-equired, 137 5 559
order for discharge on assignment and oath, &o., confession
may be required in case of mesne process, 137 6 559
debtors at suit of crown how discharged, 137 7 559
prisoner may be remanded on affidavit, 137 8 560
in case of fraud, prisoner may be remanded for one year, 137 9 560
two justicesmayrelievein caseof process out of justice'scourt, 137 10 560
appeal given to either party, 137 11 560
supreme court or special sessions to be court of appeal, 137 12 560
powers of court of appeal, 137 13 561
papers to be returned to supreme court, 137 14 561
prisoner to be discharged by order, 137 15 561
property subsequently acquired, liable for the debt, 137 16 561
party at whose suit person has been taken, to be liable for
sheriffs fees. 137 17 571
INSPECTION AND REGULATION OF PROVISIONS, LUM-
BER, FUEL, AND OTHER MERCHANDIZE-
all fish to be inspected,
governor in council to appoint inspectors- bond to be given
by inspectors, and to be sworn,
appointment of deputies— chief inspector to be responsible for
their acts,
persons branding casks offish without having been duly appoin-
ted and sworn, liable to a penalty,
PACKAGES.
dimensions of barrels, &c., and of what material to be made —
barrels, &e., to be branded by maker,
49
85 1 312
85 2 312
85 3 312
85 4 312
85 5 313
732
INDEX.
Cap. Sec. Fasjs.
INSPECTION OF PROVISIONS, &c., {Continued.)
SALMON, &C.
qualities of pickled fish — salmon — mackerel, •
herrings and alewives,
fish to be well salted— 'how fish to be packed — casks to be filled
up with pickle,
fish to be weighed,
what to be branded on casks,
fees,
inspection to be done in sight of inspector— penalty for
neglect,
repacking to be done in presence of ofiScer,
inspector or deputy to inspect without delay, under penalty —
proviso,
penalty for shifting fish, altering brand, &c.
penalty for exporting fish not branded — vessel not to be cleared
until unbranded fish be relanded,
deputies to account to chief inspector,
chief inspector to make return to provincial secretary, of fish
inspected by him or deputies,
costs for re-inspection offish, to be paid by deputy in fault,
penalty or damages how recoverable against inspector or
deputies, and recovery over by inspector,
penalties, how recoverable,
venne of action against inspectors,
SMOKED HERRINGS.
appointment of inspectors of smoked herrings,
smoked herrings must be weighed, &c., in inspectors sight,
quality of No. 1, 2, &c.
materials and dimensions of boxes,
boxes how branded,
fees of inspectors and deputies,
persons acting as inspectors, not duly appointed — penalty,
penalty for using, counterfeiting, or intermixing smoked her-
rings, or altering brands, &c.,
penalty for exporting fish not branded,
penalty for inspecting and branding contrary to this chapter,
PISH OIL.
fish oil — how branded,
guager's duty and fees,
fine for misconduct,
fine for acting as a guager without authority,
SALa'ED BEEF AND PORK.
qualities and description of salted beef and pork, 85 36 318
quality and dimensions of casks for packing salted beef and
pork in,
quantity of salt and meat each cask to contain,
duty of inspectors and packers — mode of branding,
no beef or pork to be repacked until it shall have been in salt
14 days, 85 40 319
85
6
313
85
6
314
86
7
314
85
8
315
85
9
315
85
10
315
85
11
315
85
12
315
85
13
315
85
14
316
85
15
316
85
16
316
85
17
316
85
18
316
85
19
316
85
20
317
85
21
317
85
22
317
85
23
317
85
24
317
85
25
317
85
26
317
85
27
317
85
28
318
85
29
318
85
30 ■
318
85
31
318
85
32
318
85
33
318
85
34
318
85
35
318
85
37
319
85
38
319
85
39
319
85
41
320
85
42
320
85
43
320
85
44
320
85
45
320
85
46
320
85
47
321
85
48
321
85
49
321
85
50
321
85
51
321
85
52
321
85
53
321
85
54
321
86
55
321
85
56
321
INDEX. 733
Cap. Sec. Paqe.
INSPECTION OF PROVISIONS, &c. {Continued.)
fees of inspectors,
fine for misconduct,
fines for importing uninspected beef or pork,
mode of proceeding where suspicion that uninspected beef and
porlt has been shipped,
forfeiture for shifting and intermixing repacked beef and pork,
FRESH BEEF^
■weighing of fresh beef regulated,
■exception in favor of live cattle and government contracts,
fees on inspecting li.ve cattle,
fine for negleot of duty,
BREAD.
bread for sale — how marked,
weight of loaves,
fine for selling unmarked bread,
scales and weights to be kept by sellers of bread,
unmarked bread may be seized by justices, or constables
authorized by justices,
ifine for obstructing officer^
for selling bread short of weight,
against servant or journeyman offending against pro-
visions of this chapter, 85 57 321
"baker relieved against penalties by justice on jwoof of wilful
neglect of servant or journeyman,
exception where loaves made to order, &c. — prosecutions limited,
GRAIN AND CORN.
weight of graiji or corn, per bushel
wheat and barley not produce of province to be sold by
weight — standard regulated,
grain io be delivered from vessel to be measured by sworn
measurer — exceptions as to grain sold in store,
lieated and unmarketable grain not to be taken account of,
fees of measurer — how grain, &c. to be measured,
€nes against persons violating provisions of this chapter,
ifines on measurers for misconduct,
FLOUR AND MEAL.
barrels of flour and meal &c. brought into the province,
shall, before offered for sale, or carried out of city or
county, &c. be weighed by weigher of flour — each barrel
to contain 1961bs. nett, 85 67 323
barrels how branded, 85 68 323
barrels, half-barrels, &c. deficient in weight, or not having
been branded, offered for sale or sent from city of Halifax
or county — persons offending liable to penalty not exceed-
ing twenty shillings for barrel, ten shillings for half bar-
rel, and 6d. for every pound weight deficient,
fees of weighers,
"barrels emptied of contents, brands to be erased before same
re-filled for sale or exportation— persons offending liable
to penalty,
85
58
322
85
59
322
85
60
322
85 61 322
85
62
322
85
63
322
85
64
322
85
65
322
85
66
322
85 69 823
85 70 323
85 71 323
734
INDEX.
INSPECTION OF PROVISIONS, &c. {Continued.)
tare of barrels, how ascertained,
fine on weighers for misconduct,
flour and meal manufactured in province exempt from proTi-
sions of chapter 85, under exceptions — penalties on pro-
prietors of mills for selling flour, &c., without complying
with this section,
wheat flour warehoused for exportation, not subject to pro-
visions,
weighers, how appointed — their returns,
potatoes and all edible roots to be sold by weight — 60 lbs.
potatoes and turnips — all other edible roots, 401bs.,
SUGAR.
tare on sugar how ascertained,
fine on persons not allowing full tare on sugar,
COAL AND SALT.
coals from shipboard by retail to he sold by the ton weight,
coal and salt to be measured,
coal liable to forfeiture if sold without being measured or
weighed,
fees of measurers of coal,
fines upon measurers for misconduct,
SOLE LEATHER.
inspectors of sole leather shall keep scales and weights —their
duty on inspection — rmarks and numbers to be impressed,
inspector authorised to make deduction from weight in certain
cases,
fine for ofiering unstamped leather for sale,
fine against inspector for violation of duty,
HAT.
hay how weighed — weigher's fees,
COKDWOOD.
quality and dimensions of cord wood;
cordwood from shipboard to be measured — measurer's fees,
fine for selling without being measured,
sticks of wood not of requisite length rejected by measurer,
mode of piling wood — rotten wood, &c.,
fine on measurer for violating his duty,
LUMBER.
quality and description of boards,
dimensions — deals defined,
plank for exportation, their size and quality,
size and quality of ton timber,
size and quality of merchantable spruce, pine, and hardwood,
qualities and description of shingles,
length and description of clapboard,
description and measurement of lathwood,
description and mode of calculation of staves,
Cap. Sec. Page.
85
85
85
85
85
85
85
72
73
75
76
85 85
89
323
323
74 323
324
324
77 324
85
78
324
85
79
324
85
80
324
85
81
324
85
82
324
85
83
325
85
84
325
325
85
86
325
85
87
325
85
88
325
325
85
90
326
85
91
326
85
92
326
85
93
326
85
94
326
85
95
326
85
96
326
85
97
326
85
98
326
85
99
327
85
100
327
85
101
327
85
102
327
85
103
327
85
104
32T
85
105
327
85
106
3281
85
107
828
85
108
328
85
110
329
85
111
329
85
112
329
85
113
329
85
114
329
85
115
329
INDEX. 735
INSPECTION OF PROVISIONS, {Continued) ^'"^' ^^'^' ^^'"''
timber, lumber, and shingles contracted for, for exportation,
sball be as in this chapter described,
duty of measurers of lumber on survey,
fees of surveyor of lumber,
effect of surveyor's certificate, and expense thereof,
seller liable for surveyor's fees — purchaser in certain cases
liaWe, 85 109 328
timber, lumber and shingles, if sold without survey, liable to
forfeiture — cargoes in city of Halifax, sea borne,
exempted,
shingles, clapboards and staves found defective, to be rejected,
shingles and clapboards forfeited if exposed for sale deficient in
number,
fines for destroying surveyor's marks on timber,
fine on surveyor for violating duty,
limitation of actions.
INTERPLEADER—
in certain actions, defendant may allege interest in a third
party, and may, before plea pleaded, apply for a rule or
order on a party claiming interest in subject matter — pur-
pose of rule, 149 1 585
court or judge may hear case and stay proceedings in mean
time,
power of court or judge on hearing parties,
rules and orders may be made as to costs,
judgment on an issue, or action and decision of court or
judge, shall be final, 149 5 586
if such third party do not appear, court or judge may, by rule
or order, declare him barred from claim against original
defendant, reserving his right against plaintiff, and may
make order as to costs,
order of a judge may be reviewed by court,
a judge may, at any stage, refer matter to the court,
provisions of this chapter made applicable to sheriff's con-
stables, &c., 149 9 586
rules, orders, &o., to be entered of record, and have effect of a
judgment, except as to being a charge on lands — may be
enforced by execution. 149 10 587
INTEREST—
contracts for a higher rate of interest than six per cent, void —
persona contracting for more than six per cent, to forfeit
treble value of the monies or goods in such contract or
security contracted for or secured, 82 1 309
contracts for grain or livestock may be on halves, or otherwise,
lender taking all risk, borrower to make good to lender full
value, if same or any part thereof, perish by wilful neglect, 82 2 309
on hypothecation of vessels, cargo or freight excepted, 82 3 309
interest payable on sums certain, or by written instruments,
at a certain time, or, if payable otherwise, then from de-
mand in writing that interest will be required, 82 4 309
149
2
586
149
3
586
149
4
586
149
6
586
149
7
586
149
8
586
736
INDEX.
Cap Sec. Piaa.
22
1
71
22
1
71
22
1
71
INTEREST, &o. (Continued.)
in trover, or trespass de bonis asportatis and policies of insu-
rance, jury may give interest in nature of damages, 82 5 309
prosecution for taking illegal interest, limited -to twelve
months. 82 6 510
INTOXICATING LIQUORS, LICENSES FOR THE SALE OF—
clerks of license appointed liy sessions on recommendation of
grand jury — to give bond and be sworn,
clerks of license to be appointed although no licenses, granted,
in case of death, &o., others appointed by special sessions,
not to be sold without license, except in original package, or
above ten gallons — penalty, 22 2 72
licenses may be granted by sessions optional, on recommen-
dation of grand jury, except in Halifax and Yarmouth,
where granted agreeably to acts of incorporation, 22 3 72
no license to be granted to keepers of brothels or houses of ill-
fame, 22 3 72
licenses shall be tavern and shop — in Halifax and Pictou gene-
ral licenses may be granted, 22 4 72
form of license, 22 5 72
duty on granting licenses — fees of clerks of peace and licence,
and commission on paying — how and by whom fixed in
the counties and in Halifax and Yarmouth, 22 6 72
duty to be paid before receiving license, and bond to be given
— by whom bond prepared,
persons living on unfrequented roads, exempt from duty,
no justice of the peace to hold tavern license,
licenses to be registered — mode of registering — to whom and
when registry to be exhibited, 22 10 72
persons holding tavern license to put up a sign — penalty for
neglect — every ten days' neglect a new offence, 22 11 73
any person putting up sign not having license, liable to a
penalty, 22 12 73
persons holding tavern licenses to maintain good order on pre-
mises, prevent gambling, and persons remaining about
premises drinking on Sundays, 22 13 73
persons not holding a general license not to permit any goods
• .her than victuals and drink, to be exposed for sale on
premises,
persons holding tavern licenses to have reasonable accommo-
dation for travellers, their horses, &c., 22 13 73
forfeiture of license, and penalty for breach of sec. 13, 22 13 73
liquors not to be sold on Sundays except by tavern keepers to
lodgers on premises, on forfeiture of license, and penalty
on conviction, 22 14 73
restrictions on sale of liquors by persons holding shop licenses
—penalty, 22 15 -73.
Bale of liquor under one gallon not recoverable — exceptions, 22 16 73
no person holding tavern license to receive goods, implements
of trade, &c. , from servants or common laborers — penalty
— form of proceeding, 22 17 74
22
7
72
22
8
72
22
9
72
13 73
22
21
74
22
22
75
22
23
75
22
23
75
22
23
75
22
24
75
INDEX. 737
INTOXrCATIXG LIQUORS, &e.. {Continued.) ^'^^' ^''°' ^^'"'°
mairied women and servants liable as principals, unless hus-
bands or masters before prosecuted — not liable for same
offence after conviction of veife or servant, 22 18 74
clerks of license may visit premises of persons holding tavern
licenses, and prosecute for any breach of this chapter, 22 19 74
penalty for obstructing clerk of license in execution of his duty
— party obstructing may be indicted for a misdemeanor,
fined and imprisoned at discretion of court, 22 19 74
clerks of license, except in Halfax, to render half-yearly
accounts of duties &o. collected, to county treasurer, and
pay over, on receipt of duties &c., less commissions, to
county treasurer, 22 20 74
mode of recovering penalties — form of summons and conviction
— either party may be a witness — prosecutor a witness, not
called by either party, not entitled to any part of penalty,
penalties, including Halifax and Yarmouth, how disposed of,
appeals under this chapter, hovr granted — mode of proceodure
under — effect of and bond,
in case of certiorari, bond same as in ordinary appeals,
if nfew trial granted, court may impose terms on either party,
form of bond on appeal and certiorari,
witnesses subpoenaed and not attending liable to penalty —
how to be levied — not bound to attend, unless expenses
first paid them, 22 25 75
costs and expenses of clerks of license to be amerced on county,
if judge certify reasonable ground for prosecution, 22 26 75
no judgment affected by variance between proof and summons
— cause may be continued for another day, 22 27 75
variance or formal objection no ground for setting aside
judgement, 22 27 76
wife, child, or servant selling liquors on premises, husband
liable for — proof of innocence on husband, 22 28 76
mail carriers not knowingly to carry liquors under
penalty, 22 29 70
for selling to minora, forfeiture of license, 22 30 76
after notice no person to sell liquors under ten gallons, to a
person addicted to intemperance — penalty and punish-
ment for, ' 22 31 76
Summons for breach of provisions of cap. 22, need not state
that liquor was not contained in original package, or sold
without license, or less than ten gallons,
exceptions must be proved by defendant if set up,
no particulars necessary on summons, &c.
not necessary to prove name of party in summons to whom
liquor sold — proof of sale to another sufficient,
defendant may obtain a continuance for eight days,
prosecutor after continuance not to prove case again — may
bring additional evidence to establish or rebut, 22 33 77
persons imprisoned under cap. 22, not entitled to jail limits,
or benefit of insolyent debtors act, eap. 137— exception, 22 34 77
22
32
76
22
32
76
22
32.
76
22
33
77
22
33
77
22
35
77
22
36
77
.20
400
1
7
3
1
7
3
142
6
574
142
7
574
142
8
574
142
9
575
738 INDEX.
INTOXICATING LIQUOES, &e. {Continued.) ^^'' ^""^ ^^''"'
prosecutions limited to six months,
personal service not necessary, if affidavit of concealment made,
schedules, pp. 78 to 80.
INVENTIONS. See patents, ^c.
ISSUE, vrord defined.
JAIL, meaning of word,
JOINT DEBTORS, SUITS AGAINST—
one of several defendants, joint debtors, may be arrested, 142 1 574
one or more defendants served may be proceeded against
although others from being absent cannot be served, 142 2 574
joint debtor served may obtain continuance on cause shewn 142 3 574
absent joint debtor may be let in to defend at any time before
judgment on application, 142 4 574
declaration against defendant served to be filed, suggesting
names of such defendant as may have been absent when
writ served, 142 5 574
plea of abatement to be disallowed unless under special circum-
stances duly verified,
replication of bankruptcy or insolvency to plea in abatement,
scire facias may issue against joint debtor returning after final
judgment,
on what property execution may be levied,
JOINT TENANCY, AND TENANCY IN COMMON—
an estate to two or more persons shall be a tenancy in common
unless otherwise expressed, and except to trustees or
executors, 116 1 394
JUDGES—
must have been barristers of ten years standing,
not to hold any other ofSce — exception,
their tenure of office,
their removal — how aifected,
bow to be appointed,
travelling expenses. See salaries.
JUSTICE CHIEF. See talaries.
JUSTICE, ASSISTANT. See salaries. 34 — 156
JUDGMENT FOR PENALTY UNDER CHAPTER ^5, how
levied. 5 8 9
JURIES—
qualification of grand juries,
qualification of petit juries,
exemption of persons liable to serve on juries,
mode of appointing committee for preparing and revising
jury lists,
duty of committee — access to public papers,
lists valid, though the whole committee do not act,
lists of grand juries to contain names and additions,
lists of petit juries to contain names and additions,
35
1
157
35
2
157
35
3
157
35
4
157
35
5
157
34
—
156
34
156
136
1
550
136
2
550
136
3
650
136
4
551
136
5
551
136
6
551
136
6
551
136
7
551
136
10
155
136
11
552
136
12
552
136
13
552
INDEX. 739
JURIES, iX^ontlnned.) '""• ^^^ ^""^
general sessions to determine the number of jurors to be sum-
moned annually, 136 9 551
copy of lists of jurors to be given to clerk of peace and pro-
thonotary — to be posted up for one month — mode of revi-
sing lists — objections to be decided by sessions,
when lists corrected, same to be returned to prothonotary,
lists to be posted in prothonotary's office — names to be marked
when last served,
remuneration to committee for revising lists,
penalty against a justice inserting, or omitting the name of any
person qualified as a juror, 136 14 552
mode of proceeding where jurors have not been drawn for the
the current year,
form of revised lists,
designation of jurors to be written on tickets,
revising committee to be drawn annually — duration of,
list of petit jurors in Halifax — how prepared,
exemption from distance from Halifax,
St. Mary's grand jury list — how revised,
liability of persons resident in St, Mary's to serve as grand
jurors,
St. Mary's grand jury list — how drawn,
prothonotary after return of lists of grand and petit jurors to
place them in separate boxes,
grand jury — how drawn and summoned, •
Guysborough grand jury — how drawn,
foreman of grand jury — how chosen,
petit jurors, how drawn and summoned,
mode of obtaining a special jury,
how drawn, struck, and summoned,
return of panel of special jurors,
Halifax to have two panels of petit jurors for each term,
Pictou and Cumberland to have two panels; as in Halifaxf at
the long terms, .136 33 555
when jury empannelled not to be discharged although term of
service expired, 136 34 555
panel to be called on first day of term, and absent jurors fined, 136 35 555
second panel, if not called upon to serve, to be returned into
boxes as if not drawn, 136 36 555
grand or petit jurors not attending, names to be returned into
box, and others summoned forthwith,
grand jurors fineable for non-attendance,
fines how levied — how, when, and to whom payable,
number of jurors in civil cases,
jurors not to be deprived of food,
pay of jurors,
prothonotary to prepare list of jurors, and of their attendance
and travel, and be paid out of county funds,
a fund for payment of jurors to be raised by fees,
50
136
15
552
136
16
552
136
17
552
136
18
552
136
19
552
136
20
553
136
21
553
136
22
553
136
23
553
136
24
553
136
25
553
136
26
553
136
27
554
136
28
554
136
29
554
136
30
554
136
31
554
136
32
554
136
37
555
136
38
555
136
39
555
136
40
555
136
41
556
136
42
, 556
136
43
556
136
44
556
740
INDEX.
Cap. Seo. Page.
136
46
556
136
47
556
136
48
557
136
49
557
136
50
557
136
51
55T
136
52
557
136
53
557
136
54
557
136
55
558
may be performed
136
56
558
A, 45, 46, 48, 49
136
57
558
136
558
JURIES, {Continued.)
fines on jurors how collected, 136 45 556
county treasurer to keep account of receipts and payments
under sections 44, 45, &e.,
jurors how relieved from fines,
pay of talesmen,
challenge on part of crown,
proceedings in case of illness of juror,
amendment of jury list — mode of
special jury how drawn and called on trial,
petit jurors how drawn and called on trial,
a tales may be prayed by either party,
challenges without cause may be allowed,
duties of prothonotary under this chapter
by clerk of peace — in what case,
duration of sections 31, 40, 41, 42, 43, 4
and 50,
schedule A.,
all jury panels declared legal. See Appendix. — — 677
JUSTICES OF THE PEACE, PROTECTION OP—
actions against justices to be actions on the case — malice and
want of probable cause must be alleged and proved, 150 1 587
malice and want of probable cause not to be alleged, if justice
had no jurisdiction, 150 2 587
if justice had no jurisdiction, cottviction must be quashed
before action brought, 150 2 587
no action will lie against justice if no conviction follow war-
rant, or if party do not appear, 150 3 58T
eonviction by one justice and warrant of distress or commit-
ment by another, such other justice not liable to an
action, 160 4 587
•where warrant of distress for poor or county rates shall issue,
justice issuing same not liable for irregularity or defect in
rate, 150 5 588
supreme court may compel a justice to perform duties of his
office by rule — proceedings defined, 150 6 588
BO action shall be brought against a justice for a defective con-
viction, when confirmed on appeal, 150 7 588
actions forbidden by this chapter, if brought, may be set aside
by judge of court wherein brought on affidavit, with or
without costs, 150 8 588
ft month's notice of action to be given to justice — contents of
notice — limitation of action, 150 9 588
may tender amends or pay money into court — proceedings in
such cases, 150 10 588
proof required to be given by a plaintiff in actions against
justice, 150 11 589
if plaintiff on trial of action, against justice be proved guilty
of offence for which he was convicted, &c., he shall reco-
ver nominal damages only, 150 12 589
131
3
446
131
4
44.7
131
5
44r
INDEX. 741
JUSTICES OF THE PEACE, &c. {Continued.) ^^^' ^"'' ^^^
if plaintiff recover a verdict, or judgment pass by default,
plaintiff entitled to costs as if this chapter had not
passed, 150 13 589
if malice and want of probable cause be alleged in declaration
and plaintiff recover any damages, entitled to full costs, 150 13., 589
JUSTICES OF THE PEACE, JURISDICTION OF IN CIVIL
CASES—
■where whole dealing does not exceed three pounds, one jus-
tice, and when it does not exceed ten pounds, two justices
to have jurisdiction — empowered to sue executors or ad-
ministrators, 131 1 446
suit to be conducted in summary form as in the supreme court, 131 2 446
in cases over five pounds, jury may be obtained — writ not to
issue unless statement or note filed, and copy furnished to
defendant if required; on final judgment, statement, note,
&c., to be returned by justices, &c., on appeal,
particulars shall be annexed to summons and copy,
writs shall be directed to and served by county constables,
copy of writ shall be served on defendant five days before
return day, 131 6 447
writs shall be returned to justice by constable, and if required,
make oath of manner of service, 131 7 44f
when defendant does not appear, affidavit of service of writ
must be made, 131 8 447
no arrest for debt under twenty shillings, nor for less than £5
but on special affidavit,
females or minors not to be arrested under capias,
persons arrested shall be admitted to' bail in usual manner,
causes shall be tried between 10 a, m. and 6 p. m.,
if necessary, justices may continue cause for limited periods,
and notify parties,
if jury demanded, venire shall issue for three petit jurors,
juror not attending when summoned, to forfeit five shillings,
to be levied by warrant,
jurors shall be sworn, hear evidence, retire and return verdict,
juror may be challenged, and deficiency supplied by other
qualified person, 131 17 44S
where action not confessed, claim must be proved under oath,
although defendant does not appear, 131 18 448
plaintiff's proof to be confined to statement filed by him, 131 19 448
defendant relying on a set off to file same, or serve opposite
party two days before return of summons, and to be con-
fined to its contents, 131 20 448
if defendant prove set off equal to plaintiff's claim, he shall
have judgment ; if less than plain tiff^s claim, plaintiff to
have judgment for residue only, with costs ; if set off
more than plaintiff's claim, and not exceeding ten pounds,
defendant to have judgment for excess, 131 21 448
131
9
447
131
10
447
131
11
44T
131
12
447
131
13
447
131
14
447
131
15
448
131
16
448
742
INDEX.
JUSTICES or THE PEACE, &e. {Continued.)
if defendant tender money before suit, he may pay in same
before trial, and be entitled to his costs, to be deducted
from sum paid in,
the successful party in all cases to have costs,
when judgment recovered execution may issue to enforce the
same,
executions shall be returnable in thirty days,
execution not to issue after year from judgment, except on
affidavit of a balance due on judgment,
constable to levy on personal property, and advertise same for
sale for five days,
sale how conducted — execution to be returned and money paid
over to plaintiff — constable may adjourn sale of goods
unsold,
constable selling not to be a purchaser, or sale void,
for want of goods constable to take body, unless otherwise
directed,
appeal to be allowed on affidavit of dissatisfaction of party with
judgment, and bond in double amount, &c., to be prepared
by justice — appeal to be applied for within ten days from
judgment — execution stayed — bail to be liable until ren-
der or appeal bond filed,
justices, on appeal, to return all papers to protbonotary before
first day of term, except notified to the contrary by both
parties,
constable not serving or returning mesne process to forfeit
twenty shillings, besides liability to action for damages,
fine and' proceedings where constable neglects to return exe-
cution,
schedule of forms.
JUSTICES OF THE PEACE, DUTIES OF IN CRIMINAL
MATTERS—
persons guilty or suspected of an indictable offence — how to be
apprehended,
may issue warrant to apprehend persons who have or may be
suspected to have committed offence on the high seas, or
on land beyond the seas,
manner of proceeding when indictment found and party does
not appear,
warrants under section three, and a search warrant may issue
on Sunday,
information in writing on oath to be first made before
warrant issue in first instance, but not requisite if a
summons only issue — no objection for a variance avail-
able,
proceedings by warrant and summons — variance may be cause
of adjournment,
warrant need not be returnable at any particular time — when
and how executed — effect of variances.
Cap._
Sec.
Pasb
131
22
449
131
23
449
131
24
449
131
25
449
lai
25
449
131
27
449
131
28
449
131
29
450
lai
169
169
169
169
169
169
169
30
450
131
31 450
131
32 450
131
33 450
131
34 450
131
35 450-56
1 651
2 652
3 652
4 652
5 652
6 653
T 653
INDEX. 743
JUSTICES OF THE PEACE, &c. {Continued.) ^^''- ®^"- ''^*'^-
•warrants how endorsed — proceedings when the prosecutor or
any of the witnesses reside in the county where prisoner
apprehended, 169 g 653
evidence for prosecution how secured, 169 9 654
proceedings how conducted, when a party is charged with
an indictable offence — depositions how taken, and when
used on trial, 169. iQ 654
deposition to be read over to prisoner — to be cautioned before
he says anything— form, 169 11 655
room where examination taken not deemed an open court, 169 12 656
recognizance of prosecutor and witness to be taken, and how,
— papers how and where returned, 169 13 655
party may be remanded for further examination — order there-
for— recognizance for his appearance — and how for-
feited, 169 14 656
proceedings where offence committed in a county where justice
has not jurisdiction, 169 15 657
proceedings before justices having jurisdiction — expenses of
officer, how taxed and defrayed, 169 16 658
justices may take bail for all offences — treason and felony
punishable with death, excepted, 169 17 658
after commitment, how party admitted to bail, 169 18 658
same subject continued — other than committing justice admit-
ting to bail — recognisance to be transmitted to proper
officer or committing justice, 169 19 659
treason and felony punishable with death — bailable only by
supreme court or judge, 169 20 659
warrant of deliverance to issue when a party bailed from
prison, 169 21 659
if evidence insufficient in opinion of justice, party may be dis-
charged, otherwise to be committed or admitted to bail, 169 22 659
jailor to give constable a receipt for the prisoner, setting forth
his state and condition, 169 23 659
forms in schedule to be valid, 169 24 659
schedules, from page 659 to page 674.
LABOR, HIGHWAY, EXCEPT IN HALIFAX. See surveyors
of highways, 63 — 227
LANDING WAITERS, GUAGERS AND WEIGHERS. See
officers of customs. 14 — 43
LANDS, SALE OF, UNDER FORECLOSURE OR MORT-
GAGES—
amount due on mortgages, with costs, may be paid into court
—effect of, 117 1 394
one or more mortgagors absent may be proceeded against as in
cases of absent or absconding debtors — mode of proceeding
— not necessary to wait two terms, 117 2 394
parties who, if proceedings were in chancery would be defen-
dants, to have notice — mode of giving notice, &c., 117 3 395
proceedings to obtain sale of mortgaged premises, 117 4 395
744
INDEX.
Cap. 8eo. Pagk.
117
6
395
117
7
395
117
8
395
127
12
414
139
1
562
139
2
562
139
8
562
139
4
562
139
5
562
139
7
563
139
8
563
139
9
563
139
10
563
139
11
563
LANDS, SALE OF, &o. (Continued.)
re-hearing, in case of absent or abaconding debtor defendant, 117 5 395
effect of sheriff's deed — when recorded conveys title of mortga-
gor— writ of possession may issue on judgment,
proceeds of sale how applied,
supreme court invested with powers of court of chancery as to
proceedings and adjustment of equities between parties,
and see equity.
LANDS, PARTITION OF—
partition may be as at common law or under this chapter,
proceedings to be commenced by petition to supreme court,
by whom petition to be maintained,
tenant for term of years, unless &e., not to maintain petition,
duration of partition between tenant for years,
what petition shall set forth — may be amended at any
stage, 139 6 562
petition to be filed — summons to issue, &c., with copy of
petition, &c., as a declaration,
mode of proceeding where some parties are absent,
a party failing to appear, court may order further notice,
mode of proceeding when it appears that a party out of pro-
vince has not had an opportunity of appearing,
guardians may be appointed for infant or insane party,
defendants against whom partition is prayed may appear jointly
or separately and may so plead, and further pleading may
be had, 139 12 563
if a party appear and plead, who is not named in petition,
petitioner may reply — and mode,
proceeSing on such replication,
costs of trial regulated,
proceedings in case of default,
when rule for partition passed, commissioners to be appointed
— their duties,
partitioners may have their shares set off jointly or separately
how commissioners to be sworn,
notice of partition to be given by commissioners,
acts of two commissioners valid,
mode of partition when premises cannot be divided,
ibid,
tenant under occupancy as by section 23, liable for injury to
premises by misconduct,
remedy of occupant against co-tenant for trespass on premises,
commissioners to make return — to be confirmed by court — and
regulated,
return may be set aside and new proceedings had,
parties and privies to judgment bound thereby,
parties absent from province whose share reserved may within
three years from judgment, apply to court for new par-
tition,
order for new partition discretionary with court,
139
13
564
139
14
564
139
15
564
139
16
564
139
17
564
139
18
564
139
19
564
139
20
564
139
21
564
139
22
565
139-
23
565
139
24
565
139
25
565
139
26
565
139
27
566
139
28
566
139
29
566
139
30
666
139
34
567
139
35
567
139
36
567
INDEX. 745
LANDS, PARTITION OF, {Continued.) ^''^' ^^°- ^^°"-
commissioners duty on new partition, 139 31 566
improvements after first partition to be allowed for, to party
who made them, if land taken from him under new par-
tition, 139 32 566
person not having appeared and claiming to hold premises in
severalty, not bound by judgment, but may have his
action against any of the parties lo partition, 139 33 566
right of action reserved to a party who has not appeared and
answered petition for a right to share assigned,
against whom action to be brought,
proceedings where two claim the same share before division,
defendant against whom judgment on partition may be given
not precluded from contesting right with another defen-
dant, 139 37 567
party not having appeared, &c., to partition, not precluded
from suing person holding any share or part of premises
under the judgment, 139 38 567
redress under section 38 — how obtained, 139 39 567
heir or devisee of deceased claimant in writ of partition to stand
in loco parentis, or testator, 139 40 568
remedy where a party is evicted by a person having a para-
mount title,
lien by mortgage or attachment, how affected by partition,
suit not to abate by death of a party in a petition,
expenses of commissioners to be allowed, and costs to be taxed
as in other cases,
title under judgment of partition,
orders of a single judge may be rescinded or altered by court,
LANDS, SALE OF TO SATISFY EXECUTION DEBTS—
real estate bound by judgement from time same recorded in
county where lands lie — not to be levied upon till expira-
tion of one year from registry, 118 1 396
beneficial interest in lands held in trust may be taken in exe-
cution, 118 2 396
executions against lands may issue within five years from sign-
ing judgment without scire facias, 118 3 396
plaintiff may direct whole or portion of land to be levied upon, 118 4 396
subsequent judgment creditors may, after one year, compel
prior judgment creditor to levy, 118 5 396
neglect to levy after notice, prior judgment creditor to lose
priority, 118 6 396
lands to be levied on, without appraisement, at expiration of
one year — mode of proceeding after levy, 118 7 396
copies of advertisement to be posted in township or settle-
ment, &c., for at least twenty days previous to sale —
lands to be sold at public auction to highest bidder, 118 8 396
defendant may, by notice, select any portion of advertized
lands to be first sold, 118 9 396
sheriff to deliver deed to purchaser — its effect, 118 10 397
139.
41
568
139
42
568
139
43-
568
139
44
568
139
45
568
139
46
568
118
14
397
113
—
381
121
—
402
85
—
325
143
—
575
2
4
5
2
5
6
746 INDEX.
Cap: Sec. Paqb.
LANDS, SALE OF UNDER EXECUTION, {Continued.)
sheriffs deed presumptive evidence of title, 118 11 397
purchaser to become landlord of tenants in possession at time
of sale, 118 12 397
surplus from sale to be disposed of by court, 118 13 397
titles to land made by sheriff previous to 10th day of April,
1841 , not invalidated by any irregularity or defect in pro-
ceedings under statute for sale of real estate, provided
party has been in possession one year previously, and paid
purchase money.
LANDS, INCUMBERANOES AFFECTING. See deeds, registry of,
LEASES AND ESTATES IN LAND. See frauds and perjuries,
LEATHER. See inspection of provisions, <^c.
LEGACIES. See executors.
LEGISLATIVE COUNCIL—
No one holding any office of emolument under provincial
government to continue to hold seat in — proviso,
member on accepting office to vacate seat in,
LICENSES FOR SALE OF INTOXICATING LIQUORS.—
See intoxicating liquors, 22 — 72
LIGHT HOUSE DUTIES—
payable on first voyage of vessels registered in the province,
new vessels exempt from, on conditions,
vessels cleared on first voyage after Ist Sept. exempt from,
until 1st April, on payment of half duty,
on other vessels than those in section No. 1,
on vessels passing through Straits of Canso,
this chapter not to extend to her majesty's vessels or steamers,
private steamers carrying mails, subject to,
commission on receiving,
masters of vessels liable to — on refusing or neglecting to pay,
penalty for, 21 6 71
vessel may be seized and detained until duty and penalty
paid, 21 7 71
duration of chapter, 21 8 71
LIGHT HOUSES ON ST. PAUL'S AND SCATERIE. See
Sable Island. 26 6 98
LIMITATION OF ACTIONS—
what actions shall be brought within six years, 153 1 599
promise to pay must be in writing to take case out of the sta-
tute ; joint contractors, executors, &c., how to be affected
by promise of , other contractor, &c., 153 2 599
plaintiff, if barred as to one contractor, may recover against
other, 153 2 600
in plea of abatement for non-joinder, on proof at trial that
action could not be sustained against omitted &c. person,
issue shall be found against party pleading, 153 3 600
21
1
70
21
1
70
21
1
70
21
2
71
21
3
71
21
4
71
21
4
71
21
5
71
INDEX, 747
Cap. Sec. Page,
LIMITATION OP ACTIONS, {Continued)
endorsement of payment by payee not sufficient to take case
out of statute, . 153 4 600
set-ofi' due on simple contract within tlie statute, 153 5 600
promise after full age to pay debt contracted during minority,
must be in writing, 153 6 600
provisions of five last sections not to apply to actions com-
menced before 1st April, 1853, 153 7 600
in case of mutual accounts current, cause of action shall be
taken, to accrue from date of last item proved, 153 8 606
■what actions require to be brought within one year, 153 9 600
within what time actions by or against minors, married
women, insane persons, &c., must be brought, 153 10 601
if judgment for plaintiff be reversed or arrested, plaintiff may
commence de novo within one year, 153 11 601
entry into lands or action therefor, must be made or brought
within twenty years, 153 12 601
minors, married women, and others under disability, may make
such entry or bring action within ten years after disabili-
ty removed,
no such action can be brought after forty years,
actions and claims of her majesty must be made or brought
within sixty years after right,
of actions against a constable,
of actions against a magistrate,
of prosecutions for petty offences under cap. 147.
for penalties under cap. 6, must be commenced within three
months after the offence,
LOTTERIES, OR RAFFLES, See pvhlic morals, offences against,
LUMBER. See inspection of provisions, <5fc.
LUNATICS, CUSTODY AND ESTATES OF—
guardians, how appointed for insane persons,
allowance for expences incurred by ward,
power of guardian to pay debts of ward out of personal and
real estate, &c. &c. 152 3 591
guardian to manage estate of ward and supply necessaries out
of profits, for ward and family, and may sell or mort-
gage real estate after licence,
deeds to be executed by guardian in name of insane person,
guardians may be removed and new ones appointed — mode
prescribed,
guardians to give bonds — conditions prescribed,
finding by jury on trial of insane persons — how to be disposed
of if found insane, 152 8 592
if on trial for any offence, party found to be insane, court to
order such person to be kept in custody, till pleasure of
governor in council known, 152 9 592
apprehension, committal and disposal of insane persons, 152 10 593
51
153
13
601
153
13
601
153
14
601
151
3
590
150
9
588
147
30
584
6
6
12
158
—
613
85
—
326
152
1
590
152
2
591
152
4
591
152
5.
591
152
6
591
152
7
591
748
IHDES.
Cap. Seb. Tahw
152
12
594
1&2
13
594
1&2
14
594
152
15
594
152
17
595
152
17
59&
152
18
595
152
19
595
152
20
sga
LUNATICS, &o. (Continued.)
overseers of poor of place of settlement of insane person, nnder
order of two justices, to pay all expenses &o. , and where no
settlement gained, county treasurer to pay — relations &c.
may have charge of insane persons, &c. — aippeal against
order, 152 11 598
expenses to be repaid to overseers of poor and county trea-
surer, out of estate of insane person,
physicians when qualified to act under this cap.
LUNATIC ASYLUM.
title and object of asylum,
management of, in whom vested — term of office,
treasurer to be elected at first meeting of commfesioners — to
give bonds — salary, how regulated, 152 1& 595
medical superintendent to be appointed by governor in coun-
cil— salary defined with board and lodging,
subordinate officials how to be appointed,
commissioners may make bye laws, subject to approval of
governor in council,
duties and powers of commissioners defined,
commissioners may hold in trust, grants and donations,
commissioners not to receive compensation as such, or hold
offices of emolument connected with hospital, 152 21 595
medical superintendeat to be chief executive officer, and reside
on premises, 15>2 22 59&
duties of medical superintendent defined, 152 23 595
admission of insane persons to be in. ratio, of insane population
in counties, 152 24 596
mode of admission of insane paupers regulated — their main-
tenance, how provided for, 152 25 596'
if expenses of insane paupers are not paid, commissioners may
collect the same by legal process, 152 26 596
justicesmay enquire into insanity of person for whose admission
application is made, and may commit to hospital if satis-
fied of such insanity, provided there be a vacancy, 152 27 597
patients may be admitted as vacancies occur, under special
agreement — preference how regulated, 152 28 597
if friends of indigent patients are unable to continue to pay af-
ter six months, overseers of poor on proof under oath,
shall pay expense for limited period, 152 29 597
indigent persons to be charged only actual cost of medical atten-
dance, &c,, and when not chargeaWe upon township, &c-,
shall pay according to arrangement, 152 39 597
commissioners may discharge patient on certificate of medical
superintendent, except in criminal cases, 152 31 597
bonds for expences of insane patients must be given by parties
committing them to hospital — ^bond, how to be sued, 152 32 598
medical certificate necessary before admission of patient, stating
examination and belief of insanity, 152 33 598
medical man not to be responsible for such certificate, 152 34 598
INDEX,
749
LUNATICS, &c., iContinued.)
resident officers of hospital, &o., exempt from militia and other
duties,
commissioners authorized to obtain a supply of water for hos-
pital—may break up streets, &c., for such purpose,
proceedings where commissioners require to enter on private
lands and cannot agree with proprietors,
appraisers to be appointed on application to supreme court or
two judges— their duties in that capacity,
MADMEN AND VAGRANTS—
madmen may be apprehended under warrant, and secured ia
the place of his last legal settlement ; expences to be paid
out of property if he have any, if not by inhabitants of
poor district,
who shall be deemed common vagrants— may be summarily
convicted and imprisoned for one month,
MAILS. See post office,
MALICIOUS INJURIES TO PROPERTY—
punishment for maliciously firing a building,
setting fire, or casting away, a vessel,
exhibiting false lights,
destroying any part of a vessel wrecked or in
distress, or goods belonging thereto,
setting fire to coal mines,
setting fire to stacks, coals, or cordwood,
placing gunpowder, &c., near buildings, ves-
sels, machinery, &c.,
breaking down saw-mills, dykes, mill-dams,
or bridges,
damaging trees or plants in gardens, fields, or
streets,
eutting, carrying away corn or grain, robbing
gardens, &c., breaking down hedges, &c.,
vehicles, &c.,
damaging glass, wood, metal work, &>c., in
any public square or street,
killing or maiming cattle,
wantonly and cruelly beating cattle,
setting fire to corn, grain, or hay,
damaging articles in a museum,
damaging mines, &c.,
provision of section 16 not to extend to any damage committed
under ground by owners of an adjoining mine, in working
same,
punishment on second conviction for felony,
principals in the second degree, and accessories ia felony, how
punished,
destroying buoys, beacons, &c., how punished,
making vessels fast to buoys, beacons, &c., penalty for,
Cap. Sec. Page.
152
152
152
152
35
598
36
596
37
598
37
598
104
1
375
104
2
375
23
—
80
166
1
625
166
2
625
166
3
625
166
4
625
166
5
625
166
6
625
166
7
625
166
1
8
625
166
9
626
166 10
626
166
11
626
166
12
626
166
13
626
166
14
626
166
15
626
166
16
626
166
17
627
166
18
627
166
19
627
166
20
627
166
21
627
750
INDEX.
Cap. Sec. Page.
166
22
627
166
23
627
166
24
627
166
25
627
162
—
617
108
1
378
108
2
378
98
2
364
98
3
364
98
4
365
159
1
614
159
2
614
MALICIOUS INJURIES TO PROPERTY. {Continued.)
damaging real or personal property where no specific remedy
provided — punishment for,
aiders and abettors in offences under chapter 166, punishable
as principal offenders,
trespasses under section 22, done under belief of right, or not
being wilful or malicious, not within that section,
fines under section 22, how appropriated.
MANSLAUGHTER. See person, offences against the.
MANURE, SEA, GATHERING OP—
sessions may make regulations for gathering sea manure —
transgression of orders punishable by fine,
private rights or interest not to be affected hereby.
MARKETS, PUBLIC—
existing public markets confirmed — sessions may establish other
markets, 98 1 364
sessions to make bye-laws, appoint officers, and generally con-
trol the markets,
application of penalties,
accounts to be rendered annually.
MARRIAGE, OFFENCES AGAINST THE LAW OF—
punishment for bigamy,
cases excepted out of section 1,
any person not being thereto duly authorized and solemnizing
marriage, or assist or officiate in such celebration, to for-
feit not more than £100, or less than £25. 159 3 614
MARRIAGE AND DIVORCE, COURT OF—
governor to be president, chief-justice or judge vice-president, 128 1 426
vice-president a member of court when governor present, and
to preside in his absence, 128 2 427
president, vice-president, and executive council to compose
court — vice-president and two councillors a quorum,
jurisdiction of court defined,
court may annul marriage, grant alimony, pendente lite, awaxA
costs, &c.,
sentence may be enforced by execution as in supreme court,
process, &c., may be signed by registrar.
MARRIAGE AND THE SOLEMNIZATION THEREOF—
every resident, ordained, officiating minister, may solemnize
marriage by license, although not settled minister of con-
gregation— every duly ordained minister of any congre-
gation of christians, may solemnize marriage by bans or
by license, 122 1 403
marriage licenses to issue as heretofore by governor, to marry
without bans,
penalty for solemnizing marriage without bans or license,
penalty against minister refusing to publish bans,
disposal of penalties.
MARRIED WOMEN. See deeds by.
128
3
427
128
4
427
128
5
427
128
6
427
128
7
427
122
2
404
122
3
404
122
4
404
122
5
404
111
—
380
Cap.
Sec.
Page.
73
—
272
125
1
406
125
2
406
125
3
406
125
5
407
125
6
407
125
7
407
125
8
407
125
10
407
125
11
407
125
12
407
125
13
408
INDEX. 751
MARSH AND DIKE LANDS. See sewers, commissioners of.
MASTERS, APPRENTICES AND SERVANTS—
minors may be bound apprentices or servants,
how bound under fourteen years of age,
how bound above fourteen years of age,
indentures to be of two parts, sealed, delivered and certified in
certain cases by justices, 125 4 406
parents, guardians, or justices entitled to custody of minor's
part of indenture,
overseers of poor may bind out pauper minors,
terms of contract — its duration and conditions,
mode of binding out minors by overseers,
all monies, &c., paid by master, to be paid or secured for sole
use of minor, 125 9 407
duties of parents, guardians, and overseers, in respect of chil-
dren bound out,
proceedings in case of misconduct of master,
justices after hearing on neglect of master to attend, may dis-
charge minor, with costs against master and award execu-
tion therefor — minor may be bound out anew,
proceedings when complaint dismissed,
party aggrieved thereby may appeal to supreme court at next
term, 125 14 408
apprentice absconding or guilty of misconduct — how pun-
ished, 125 15 408
MEETING HOUSES, ASSESSMENT FOR THE REPAIRS
OF—
funds for repairs of churches or meeting houses, to be provided
for by assessment, and apportioned on pewholders,
if assessment not paid in three months, pew may be let,
possession of leased pews given by committee — who may sue for
the rent,
if rent of pew not sufficient, second assessment may be made,
places of worship of church of England, and of Wesleyan me-
thodists excepted from operation of chapter, 52 5 199
MILITIA—
persons liable to be enrolled in,
how regiments and battalions formed,
battalions to be formed into companies — how officered,
limits of districts of battalions and companies — how formed,
appointment of adjutant — his duties,
adjutant, how remunerated,
salary of adjutant and quarter-master general — exemptions
from civic office and postage, 29 7 128
additional firearms and accoutrements, by whom and in what
cases provided, 29 8 128
unserviceable arms to be sold, &c. — by whose order, 29 9 128
improved arms, by whom and to what amount purchased or
imported, 29 10 128
52
1
199
52
2
199
52
3
199
52
4
199
29
1
127
29
2
127
29
3
127
29
4
127
29
5
127
29
6
128
752 INDEX.
Cap. Sec. Page.
29
11
128
29
12
128
29
13
128
29
14
129
29
15
129
29
16
129
29
17
129
29
18
129
29
19
129
29
20
129
29
21
129
29
22
129
29
23
129
MILITIA. (Continued,)
small companies may be formed and officered,
limits to remain unaltered,
flank companies to consist of light infantry,
governor may establish artillery companies and troops of
cavalry,
limits wherein flank companies to be formed,
duration of enrolment in certain companies,
formation of grenadier, light infantry, or rifle companies and
troops of cavalry,
volunteer companies to be first furnished with arms,
volunteer companies, first for active service,
provisions of cap. 29 to extend to volunteer companies,
dress and horses of volunteer companies and troops of cavalry,
by whom provided,
volunteer companies what exempted from,
no fees on militia commissions,
artillery, (fee. companies, may make rules for their own go-
vernment, and fine for breach, 29 24 129
trooper not to dispose of his horse without consent of captain
— penalty for, '•'!„■;,
captain to enroll men — penalty for not giving in name, "'- •,,
removing out of limits of company — name to be enrolled in',
district removed to,
how to prove age if disputed,
fine for not enrolling and non-attendance,
men in Halifax regiments, in what company to do duty,
notice of removal to be given,
clerks of companies, sergeants, &c. how appointed,
not obliged to serve out of regimental limits,
clerks to take oath — form,
clerks exempt from drafts for actual service, and their duties,
fine for neglect of duty by clerks,
sergeant-major, regimental and additional clerks, how ap-
pointed, 29 37 131
sergeant-major and regimental clerk exempt from actual ser-
vice— clerk to be sworn into office,
returns to be made by captains and colonels
adjutant-general to prescribe forms of returns,
fine for false return,
fine on colonel neglecting to make return,
how and to whom arms to be distributed,
bond to be given for arms — its form
bonds to be lodged with captain — fine for not receiving or
providing arms and give bond,
fee for filling up bond,
persons of age to give bond with one surety — minor with two,
arms to be returned when required by captain,
ammunition &o. to be provided by men when ordered by
governor, 29 48 132
29
25
130
29
26
130
29
27
130
29 .
28
130
29
,29
130
29
30
130
29
31
130
29
32
130
29
33
130
29
34
130
29
35
130
29
36
131
29
38
131
29
39
131
29
40
131
29
41
131
29
42
131
29
43
131
29
44
131
29
44
182
29
45
132
29
46
132
29
47
132
INDEX.
MILITIA. (Continued.)
ammunition and accoutrements to be furnished by men when
required by governor,
fine for appearing at muster -without arms, ice.
arms for persons unable to give security, how provided— fine
on captain not preparing lists, &c.
colonels and captains responsible for arms distributed to
them,
arms to be marked on butt with letter M.
where arms to be lodged,
fine for selling or receiving arms,
persons about to remove with arms, &c., may be arrested,
persons charged restoring arms, &e., to have half the fine or
term of imprisonment remitted,
colonel to order arms, &c., to be inspected at stated times,
arms to be returned to captain before removing out of limits of
company,
fine for arms, &c., being dirty, &c., at muster,
storing and keeping arms before distribution,
discipline, drill, and assembling, under orders of governor,
fine on colonels and captains for disobedience of training
orders,
fine for non-attendance or refusing to do duty,
clerk to give notice of sitting of board of appeal,
boards of appeal — how formed,
power and duty of boards of appeal,
notice of muster to be given \j clerk, &e.
notice of re-assembling — how given,
captain to report excuse made to him, if required,
fine for non-attendance of officers,
may be called into actual service in case of invasion,
any portion of militia may volunteer for defence of New
Brunswick,
in sudden attacks — how called out,
when on actual service, duties to be regulated by rosters,
men to be classed for service,
on deficiency of arms, men of first class to be first provided,
roster to be formed of first class by ballot, for actual service,
how cavalry and artillery companies to be drafted and classed,
men for actual service how furnished^ and drawn,
rotation of service,
provision in case of Quakers,
men removing from limits of one company, how to fall into the
ranks of another,
more than one son in a family, one exempted,
son, or supporter of aged or dependent persons, exempt whilst
living with and supporting family,
assessment on certain persons in army or navy employ in
Halifax, when regiment called into active service,
how assessment levied,
753
Jap.
Sec.
Page.
29
49
132
29
50
132
29
51
133
29
52
133
29
53
133
29
54
133
29
55
133
29
56
133
29
57
133
29
58
133
29
59
134
29
60
134
29
61
134
29
62
134
29
63
134
29
64
134
29
65
134
29
66
134
29
67
134
29
68
135
29
69
135
29
70
135
29
71
135
29
72
135
29
73
135
29
74
135
29
75
136
29
76
136
29
77
136
29
78
136
29
79
136
29
80
136
29
81
137
29
82
137
29
83
137
29
84
137
29
29
29
85 137
86
87
137
137
754
INDEX.
Cap Sec. Paqs.
MILITIA. {Continued.)
fine for non-oompliance with orders in case of actual service,
pay of officers and men on actual service,
if pay below rates given , treasury to make up same,
watching and warding regulated by roster,
pay provided for extra labor,
fine for false alarm,
districts exposed to attacks by water, defence of provided for,
in cases of invasion, articles of war operative as governor may
order, and to be judicially noticed,
no officer in regular forces to sit on courts martial,
corporal punishment forbidden — sentence of court martial to
be approved by governor,
general courts martial how constituted,
oath of officers on general courts martial,
twelve officers to concur in sentence of death,
judge-advocate how appointed — his oath,
sentence of death inoperative without governor's warrant,
warrant to direct whether to be hung or shot,
warrant sufficient authority — to be read at execution,
field officer's trial, who to sit on,
general courts martial a court of appeal,
if appeal without cause, court may increase punishment,
regimental courts martial, who may order — how many to con-
sist of— rank of president,
regimental courts martial may fine and imprison,
officer commanding, to approve of sentence,
courts martial may administer oaths — fine for contempt or
disobedience of orders,
relations of prosecutor or prisoner ineligible to sit,
accuser not to sit on court martial,
expenses of courts of enquiry, how drawn for and paid,
in cases of emergency, colonel to furnish drafts,
officers for drafts how selected — power of governor,
power of governor, in case of disability of men drafted,
men called into actual service to supply themselves with
necessaries,
desertion how prevented and punished,
powers of governor over drafts, without calling them into
actual service — drill limited,
drill and squad drill defined,
fine for non-attendance,
commanding officer may fine and commit for misbehavior at
meeting or on duty — form of commitment,
fines for refusal to convey, receive, or detain offenders,
fees of non-commissioned officers for conveying offenders to jail
— mode of payment, 29 125 142
power of commanding officer over pesrons interrupting militia
men on duty, 29 126 142
29
88
137
29'
89
138
29
90
138
29
91
138
29
92
138
29
93
138
29
94
138
29
95
138
29
96
138
29
97
139
29
98
139
29
99
139
29
100
139
29
101
139
29
102
139
29
103
139
29
104
139
29
105
139
29
106
139
29
107
139
29
108
140
29
109
140
29
110
140
29
111
140
29
112
140
29
113
140
29
114
140
29
115
140
29
116
140
29
117
140
29
118
141
29
119
141
29
120
141
29
121
141
29
122
141
29
123
141
29
124
142
29
127
142
29
128
142
29
129
142
29
130
142
29
131
143
29
132
143
29
133
143
29
134
143
29
135
143
INDEX. 755
..T. Tm-r. ,„ f'AP. Sec. Page.
MILITIA, (Continued.)
men exempt from ferriage .and arrest going to, and returning
from duty,
persons exempt from enrolment,
persons exempt from muster except on actual service,
sickness or infirmity, mode of enquiry into — if proved, per-
sons exempt on account of,
fine on medical men giving false certificates,
quarter-master to give bonds — commissions on fines,
quarter-master to render accounts if required by colonel,
quarter-master sergeant, hovr appointed,
meetings of officers to make regulations,
disobedience of ofiicers to orders or regulations, punishable by
fine— exception, 29 136 146
accounts of fines and appropriations to be lodged in secretary's
office by colonel,
■what rules require governor's sanction,
fines on officers for not attending meetings,
field officers removing or unattached, liable to certjiin duties,
officers cashiered, resigning or dismissed, to lose rank and lia-
ble to be enrolled,
officers neglecting to take out commissions to be superseded,
governor may appoint inspecting officers,
adjutant and quarter-master general exempt from serving on
juries,
persons of colour may be formed into companies,
provision for the wounded in actual servics,
provision for widows of officers and men killed in actual ser-
vice,
fines, how recovered and enforced,
justices not entitled to fees under cap. 29,
process under this cap. may be amended until final judgment,
appropriation of fines,
fees on commissions issued since 1st Jan. 1853, to be refunded,
limitation of actions,
definition of terms,
limitation of chapter 29,
old arms may be sold at public auction,
no money to be paid out of treasury for services under cap. 29
after 1st August, 1857— exception. 29 157 145
MILLS AND MILLERS—
tolls for grinding wheat, &c., regulated,
tolls for hulling barley, bolting flour, &c., regulated,
quantity of grain how ascertained,
fine for taking or demanding illegal toll,
millers refusing to grind, &c., to forfeit forty shillings— pro-
prietors of steam mills may refuse to receive grain, &c. —
60 doing shall not be subject to forfeiture,
millersto keep scales and weights under penalty of £5.
MINES. See coal mines.
52
29
137
*143
29
138
143
29
139
143
29
140
143
29
141
144
29
142
144
29
143
144
29
144
144
29
145
144
29
146
144
29
147
144
29
148
144
29
149
145
29
150
145
29
151
145
29
152
145
29
153
145
29
154
145
29
155
145
29
156
145
84
1
811
84
2
311
84
3
311
84
4
311
84
5
312
84
6
312
27
_
98
756
INDEX
MINISTERS. See marriage and solemnization thereof,
MOOSE. See hirds and animals, preservation of.
MUNICIPALITIES—
any county desiring to hare municipal gorefnment, how
testified,
county incorporated under thia chapter, tO' be a body cor-
porate &o. &c.
council, \Yho to consist of,
time of elections — mode of— districts to form separate coun-
ties,
f ten days' notice to be given by sheriff and presiding ofBoer, o-f
I time of holding elections,
division of councillors,
time of election of councillors for each section,
mode of holding and conducting elections,
notice to councillors, how and by whom given,
presiding officer and clerk to be sworn,
vote must be given in district of voter's residence,
elector's qualification,
councillor's qualification,
persons disqualified, '^
persons exempted from being elected councillors,
qualification of warden,
votes for wai-den, how ascertained and how to qualify,
warden not having majority of votes or not qualifying, council
to choose warden,
duration of warden's office — vacancy how supplied,
power of presiding officer at elections,
councillor not to act until he takes oath of allegiance — before
whom oath to be taken — penalty — person not qualified as
councillor exempt from penalty,
how councillor elected in case of death or resignation,
how council organized,
time of meeting after first year,
majority of councillors in quorum — compelled to attend under
penalties provided by bye-laws — majority to decide all
questions,
two meetings of council in each year,
council may have other meetings, giving public notice thereof,
clerk and treasurer, how appointed,
clerk's duty defined,
treasurer's duty defined,
duration of clerk's office regulated by bye-laws,
bye-laws to regulate number of offices held by one person, &a.,
warden or councillor may resign on payment of a fine— war-
den or councillor elected to fill vacancy, to hold office for
residue of term — may be re-elected,
power of council to make and alter rules and make bye-laws,
auditors how appointed — their qualification,
Dap.
Se5.
FjiOiR.
122
-—
405
92
—
355
133
133
133
133
2
3
45&
459
45»
459
133
5
460
133
6
460
133
r
460
133
8
460
133
9
461
•133
10
461
133
11
461
133
12
461
133
13
461
133
14
461
133
15
462-
133
16
462
133
17
462
133
18
462
133
19
463
133
20
462
133
21
463
133
22
463
133
23
463
133
24
464
133
25
464
133
25
464
133
27
464
133
28
464
133
29
464
133
30
464
133
31
465
133
32
465
133
33
465
133
34
465
133
35
465
133
36
465
133
37
466
133
38
466
133
39
466
133
40
466
INDEX. 757
SIUNICIPALITIES, {Continued.) ^^"^ ^'''" ^^'"''
duty of oiEeea-a,
power and authority of auditors,
salary sf warden and councillors,
councillor's attendance ts be kept by clerk,
cfines for non-attendance, _
councillors to vote sums for the poor, appoint ovei-seers — may
alter poor districts, 133 41 466
overseers of poer to account to council instead of sessions —
functions of council to hear and determine appeal, 133 42 466
snay appoint committees of their owa body to carry out this
chapter, &c., 133 43 466
municipalities to have powers of grand jury imder chap. 46,
with respect to monies to be raised, levied and collected,
appointment of assessors — casual vacancies how filled,
■duration of effiee of treasurer, assessors, &c.,
termination of financial year,
road monies how distributed — appointment of commissioners,
appropriatioa ef road monies io be returned- to financial
secretary,
duties of commissioners,
account of commissioners to be returned to municipality clerk,
council may refer accounts to auditors for further exami-
nation,
appointment of school commissioners,
municipalities to have authority to purehasei, &c., all real
estate, &c., required for purposes of corporation, 133 54 468
jjound keepers, fence viewers, &c., to be appointed by munici-
pality,
l)oard of health hew appointed,
regulations in respect to rabid animals to be made by corpo-
ration,
also for settisg fire to woods, (fee,
also for prevention of firea, regulating stoves, &o.. and appoint
firewards, &c., 133 69 469
■council to have power given to general sessions under chapters
mentioned in this section, 133 60 469
.clerk of corporation to perform acts required by chapter 105
to be performed by clerk of licenses, 133 61 470
.-acts of town clerk under chap. 106 to be performed by officers
awthorized by council — municipality counoilior empow-
ered to act as justice of peace, 133 62 470
this chapter not to affect jurisdiction under chap. 157, 158,
and 160, 133 63 470
warden, in office, a justice of peace, with same powers, crimi-
. nai and civil, 133 64 470
.grand jury and sessions not required to meet in counties
where municipalties established — nothing in this chapter
to take away or abridge powers of justices of peace in
£ertain cases,
133
44
467
133
45
467
133
46
467
133
47
467
133
48
467
133
49
467
133
50
467
133
51
468
133
52
468
133
53
468
133
55
468
133
56
469
133
57
469
133
58
469
133 65 470
758
INDEX.
Cap. Sec. Page.
133
66
470-2
133
67
472
133
68
472
183
70
473
133
71
473
133
72
473
133
73
473
133
. 74
473
133
76
474
133
77
474
133
78
474
133
79
474
MUNICIPALITIES, (Continued.)
powers of council defined,
coroners to be appointed by council,
snow plough to be procured by council,
all powers vested in grand jury, sessions, &o. transferred to
municipal council, 133 69
all debts and liabilities to be assumed by council — not to
authorize or issue notes, or act as bankers,
powers and mode of assessing poor and county rates,
allowances or per centage to collectors, &c. to be continued to
be paid after incorporation of counties,
bye-laws to be submitted to legislature,
wardens to transmit account of receipts and expenditures to
governor,
provisions of this chapter not to extend to any toll bridge or
to any work under imperial or provincial governments, 133 75 473
penalties, how recovered — informer not a competent witness,
— members of council competent witnesses,
expenditures of road monies to be accounted for
sheriff's fees on first election — presiding officer's and poll
clerk's fees,
assessment, how recovered,
rates for public purposes to be continued until otherwise
directed by act of legislature, 133 80 474
this chapter not to repeal or affect provisions of any law now
in force, except same be inconsistent or repugnant to this
chapter,
returning officer may administer oaths,
every officer to be sworn,
persons elected under this chapter to take oath in schedule, and
annex qualification, 133 84 475
none but naturalized or natural born subjects qualified to vote
or be elected, 133 85 475
warden to administer oaths when no provision for administer-
ing same by provisions of this chapter, 133 86 475
penalty for refusing to take oaths — person not legally qualified
exempt from penalty,
affirmation to be made by certain persons,
city of Halifax exempt from provisions of this chapter,
actions against criminals how brought,
judgment against corporation to bear interest,
coroners to be sworn — this chapter not to affect coroners
already appointed, 133 92 476
jurisdiction of sessions and grand jury taken away where juris-
diction given to municipalities under this chapter, 133 93 476
powers of grand jury under certain chapters given to municipal
corporations,
wardens, officers and councillors entitled to protection afforded
justices of peace and constables, &c., 133 95 477
133
81
474
133
82
475
133
83
475
133
87
475
133
88
476
133
89
470
133
90
476
133
91
476
133 94 476
133
96
477
133
97
477
133
98
477
133
99
477
133
100
477
133
102
478
133
103
478
133
104
478
INDEX. 759
Cap Sec Paoe
MUNICIPALITIES, {Continued.)
formation of judicial districts, qualification of judicial com-
missioners,
duration of office of judicial commissioners,
judicial commissioners not to be appointed from council,
jurisdiction and authority of commissioners,
cause of action — one of party must reside in district,
place and time of meeting of commissioners — duration of
session and quorum of commissioners, 133 101 477
commissioners' powers to administer oaths — appeal from their
judgment,
appointment of clerk of districts,
fees of witnesses,
power of justices of peace to cease when court of judicial com-
missioners come into operation, 133 105
fees of judicial commissioner, constable and witnesses, pro-
vided for,
salaries of commissioners — not to be employed as attornies,
municipal corporations may make bye-laws,
powers — protection of justices transferred to commissioners,
council may alter district and number of councillors,
meeting of councillors,
right of warden to vote,
provisions of chapter 64 extended to municipalities,
provisions of chapter 33 extended to municipalities,
public property of municipality to be under management of
council,
assessment for payment of lands purchased,
election of warden and councillors by ballot,
commissioners of sewers to be appointed by council, as also
inspectors of lumber,
commons under control of council,
power and duties of municipality clerk,
powers &e. of judicial district commissioners,
continuance of clauses,
powers in respect of seamen,
votes of money other than poor and county rates, how made,
counties to be laid off in municipal townships, but not dis-
turb existing districts,
division of districts, when to be made,
number and limits, how decided,
inhabitants of municipal townships to be bodies corporate,
number of municipal council,
first election of municipal councillors, when held,
succeeding elections when held,
elections how and when held,
town reeves, how elected,
meetings of council, how summoned,
town reeves to preside at all meetings,
residence necesssary to qualify to vote,
133
106
478
133
107
478
133
108
478
133
109
479
133
110
479
133
111
479
133
112
479
133
113
479
133
114
479
133
115
479
133
116
479
133
117
480
133
118
480
133
119
480
133
120
480
133
121
480
133
122
480
133
123
480
133
124
480
133
125
481
133
126
481
133
127
481
133
128
481
133
129
481
133
130
481
133
131
481
133
132
482
133
133
482
133
134
482
133
135
482
133
136
482
760
IlNDEX.
MUJSrrCIPALITIES, (Continued.)
township council may divide township into electoral wards —
appoint polling places, &o.
overseers of poor, how appointed,
fees paid to officers presiding &c. at first elections,
clerk and treasurer to be appointed by each township munici-
pality— duties of clerk,
wliut portion of act for municipal government of counties are
to be applicable to township municipalities,
words applicable to county to be applicable to township,
on township municipalities coming in operation, certain
sections shall cease to apply,
CLAUSES FOR ADAPTING CODNTY MUNICIPALITY TO TOWNSHIP
INCORPORATIONS.
on adopting township incorporations, the following sections to
apply,
no election of county councillors shall take place,
town reeves shal constitute municipal council, and shall hold
office for two years,
election for wardens to be from town reeves — how regulated,
warden to have authority of county councillor — to serve for
two years — vacancy, &c., how iilled up,
time at which elections are to be held — relative duties of coun-
ty and township councils,
when election of township councillors is to take place — sepa-
ration of county and township affairs — duties of officers,
&c., consequent thereon,
schedule of oaths,
schedule A.
MURDER. Bsa person, offences against the.
NEW BRUNSWICK BOUNDARY LINE. See appendix.
NEWSPAPERS. See post office.
NORMAL SCHOOL. See public instruction.
NOXIOUS ANIMALS. See sessions:
NUISANCES—
health inspectors appointed by sessions — appointment not to
exceed one year — their jurisdiction,
special court how appointed under this chapter,
powers of health inspector defined,
shall execute and enforce all sanatory orders,
ehall receive compensation — allowed by sessions to form
county charge,
dwelling houses to bo provided with drains, &c., — penalty for
neglect,
privies and vaults, regulations for constructing of,
when offensive how to be cleansed — penalty for neglect,
only to be emptied at particular period — sexcept by order,
waste water to be disposed of as inspector shall direct,
special court may order vacating of dwelling house unfit for
occupation,
Cap.
Sec.
Page-
133
137
482
133
138
482
133
139
483
133 140 483
133
133
56
141
142
183 143
483
483
484
133
144
484
133
145
484
133
146
484
133
147
484
133
148
484
133
149
484
133
150
485
133
—
485-86
133
—
486
162
—
617
—
—
670
23
37
85
60
—
217
93
—
354
56
1
203
56
2
203
56
3
203
56
4
203
203
56
6
203
56
7
204
56
8
204
56
9
204
56
10
204
56
11 204
56
15
205
56
16
205
56
17
205
56
18
205
S6
19
205
56
20
205
56
21
206
INDEX. 761
NUISANCES, {Conlinued.) ''^^^ ^^'- ''^'"='
cellars or vacant gi-ounds to be cleansed after notice, under
penalty, 56 12 204
offensive matter — penalty for placing — how to be removed, 56 13 205
justices may make order for removal or destruction of offen-
sive matter, 5g 14 £05
unwholesome food not to be sold— penalty — health inspector
to destroy,
nncleaned fish and offal, orders against how made,
sessions may regulate limits for slaughtering cattle,
regulations for recovery of penalties— proceeds how disposed of,
penalties for breach of orders, or obstruction of officer,
action must be brought within six months — prosecution, &o.,
to ,be conducted by crown officers on removal or appeal to
supreme court,
fish may be sold anywhere, subject to provisions of this chap.
OATHS— justices may administer when no particular direction
given, 174
OFFICERS APPOINTED BY GOVERNOR— to remain in office
during pleasure, 17 5
OFFICERS OF THE CUSTOMS—
appointment of collectors — additional officers at out ports,
and how remunerated, 14 1 42
collectors to enter into bonds, and if lost certified copy evi-
dence,
board of revenue to require new bonds on death &c. of sureties,
regular sets of books to be kept by collectors — what to be en-
tered therein, and to be produced to financial secretary,
quarterly returns to be made to receiver general,
when accounts audited, ten per cent, allowed on amount re-
mitted,
collector not to deal in dutiable articles — penalty,
duty of collector on resignation or removal — penalty,
landing waiters, guagers, and weighers — -how appointed,
duty of guagers and their fees,
receiver general to superintend collection of duties at Halifax,
— allowed a clerk — to give bond — clerk's salary,
appointment and duty of clerk,
receiver general, his clerk and collectors may administer oath
under acts of colonial revenue,
penalty for neglect of duty by any officer of colonial revenue,
penalty for illegally performing the duties and exercising the
functions of an officer of colonial revenue,
ORDERS. See lye Jaws.
OVERSEERS OP POOR. See^^oor.
OYSTERS. See birds and animals, <^c.
PARDON TO FELONS. See criminal justice.
PARTITION. See lands, pariilion of.
14
2
42
14
3
42
14
4
42
14
5
42
14
6
42
14
7
42
14
8
43
14
9
43
14
10
43
14
11
43
14
12
43
14
13
43
14
14
44
14
15
44
1
7
4
89
—
337
92
12
353
16S
50
642
139
562
762 INDEX,
Cap. Sec. Page
79
1
301
79
2
301
79
3
802
79
4
302
79
5
302
79
6
302
79
7
302
79
8
302
79
9
302
79
10
302
79
11
303
79
12
303
79
13
303
79
14
303
PARTNERSHIPS—
on termination of partnership of two members only, one may
proceed in supreme court against other, and how,
copy of petition and summons to be served on other partner,
court on return of writ, may direct by rule selection of arbi-
trator by each partner, on proof of only two partners,
parties not selecting, court may name arbitrators,
arbitrators appointed to select umpire,
arbitrators to be sworn before proceeding — oath,
mode in which arbitrators are to proceed prescribed,
witnesses compellable to attend under subpoena,
partners and witnesses to be examined on oath — award to be
made by majority and filed — judgment how entered thereon,
execution may issue on judgment — costs taxed to be recoverable
as arbitrators direct — ^payment how enforced,
judgment of supreme court to be final — ^no suit in equity to
be brought,
conditions and liabilities under which limited partnerships
may be formed,
preliminary proceedings in cases of limited partnerships —
requisites of certificate — acknowledgment of same how
made — certificate to be recorded, and where,
certificate must be verified by affidavit of one or more general
or special partners — affidavit to be filed,
terms of such partnership when registered to be published in
newspapers and by handbills, otherwise partnership
general ; affidavit of publication &o. to be filed — evidence
thereof, 79 15 304
every renewal of such partnership to be certified, recorded,
proved, &c., as in case of first formation, otherwise a
general partnership, 79 16 304
every alteration to be a dissolution of partnership, unless re-
newed as in section 16, 79 17 304
partnership to be conducted in names of general partners only,
if name of special partner used in firm , deemed a general
partner, 79 18 304
actions to be brought by and against general partners as if no
special partners existed, 79 19 304
no part of capital of special partner to be withdrawn during
partnership — may receive interest and proportion of
profits, 79 20 304
special partner may examine into business and advise as to
management, but not transact business for partnership, 79 21 305
general partner to account to special partners, 79 21 305
fraud in special partnerships punishable criminally, and by
civil action by party injured. 79 22 305
preferential assignments &c. void, as against creditors of part-
nership— special partner violating provisions of cap, 79,
or assenting thtfeto, to be liable as a general partner, 79 23 &05
79
24
305
79
24
305
92
353
INDEX. 763
I
_ _ _ ^ Cap. Sec. Page.
PARTNERSHIP, {Continue'd.)
in case of insolvencj or bankruptcy, special partner not to
«laim as creditor, until creditors satisfied,
mode by which dissolution of special partnership effected,
PARTRIDGES* See birds and animals, preservation of.
PATENTS FOR USEFUL INVENTIONS—
letters patent how and by whom to be obtained — term not
exceeding fourteen years, 120 1 400
patentees of improvement not to make use of, or vend original
patented invention,
■changes of form or proportion not deemed an improvement,
fees on patents,
fees at secretary's office for copies of letters patent, &c.,
oath in writing preparatory to granting letters patent,
affidavit made in writing in colony where applicant resides,
■descriptions, explanations and models, to be deposited in pro-
vincial secretary's office before patent granted,
patentee may assign his rights — assignment to be recorded,
patentee to have right of action for illegally using or selling
the invention, &c., 120 10 402
chapter 120 and the special matter therein may be given in
evidence by defendant in action by patentee.
PAUPERS. See poor.
See elections.
120
2
401
120
3
401
120
4
401
120
5
401
120
6
401
120
7
401
120
8
401
120
9
402
120
11
402
89
337
5
2
8
151
—
590
161
—
616
25
1
93
25
2
93
25
3
93
PEACE OFFICERS. See constables.
See administration of justice.
PENALTIES—
how recovered and applied where no particular mode pre-
, scribed, 1 7 3-4
imposition of, not to relieve from liability for special damages
to injured party. 17 4
PENITENTIARY—
to be used as a prison for offenders
vested in her mnjssty,
officers dismissed from, mode of removal,
powers of board to hold meetings and make rules for govern-
ment of, ' 25 4 93
no rules, alteration or revocation of former rules, to be in force
until approved by governor in council, 25 4 93
appointment of visitors and their powers, 25 5 93
board may contract for clothing and maintenance of convicts,
and for implements, &c., and employ them in manufac-
tures, &c., and sell the manufactures, 25 6 93
board in each year, and oftener if required, to report to
governor, &c. under hands of three of them, state of
buildings, &c. — leport to be laid before legislature,
convicts, how received in, and removed from,
mode of proceeding in removing convict to,
63
25
7
94
25
8
94
25
8
94
25
10
94
25
11
94
25
11
94
25
12
95
764 IKDEX.
_ , ^ Cap. Sac. FASgy
PENITENTIARY, {Cmtiniced.)
keeper to giye receipt for conTict-«"espen8es of removal to be
paid by county, 25 '8 94
«on^ict to be examined by medical ofBeer and certificate given,
before received into, 25 9 94
convict not to be discharged if sick at expiration of term
of bis confinement, unless at his own request, 25 19 94
convict on dischargie to receive such clothing and money as
board shall think proper to give him,
days and number of hours convicts may be employed,
board, at request of convict, may allow him to work beyond
12 hotirs,
admission of persons in, restricted,
principal keeper, and officer under him, to have the same pow-
ers as sheriff or jailor, over convicts in custody, 25 13 95
keeper and officers under him, liable to same punishment for
misbehaviour or negligence to which a jailor is now liable, 25 13 95
'Convict assaulting keeper or officer under him, to be prosecuted
and imprisoned for any time not esceeding two years,
additional to term of confinement, 25 14 95
incorrigible convict may be removed to any other prison or
place of confinement, by order of governor, 25 15 95
insane convicts, how disposed of during and after insanity, 25 16 95
convict breaking prison or escaping, to be punished not exceed-
ing three years additional confinement, 25 17 95
convict guilty of felony after second escape or breach of
prison,
attempt to break prison, &c.., punishment for,
I rescuing onvict or aiding therein, felony,
, person having charge of convict, keeper or assistant wilfully
allowing convict to escape, though no escape be actually
made, guilty of felony, 25 18 95
; person aiding in rescuing convict, thoagh no rescue effected,
guilty of felony,
,paniishment of subordinate officers for misconduct,
'< convict or person for any offence under cap. 25, for which not
liable to summary convictioii, may be tried in supreme
. court in Halifax, or where taken,
: facts entered in register of, evidence,
€xpences of, how provided for,
board and, principal keeper protflcted in the same way as juB-
tices are by privisions of legislature,
limitation <&i actions — ^venue — trial where fact committed,
, persons convicted of felony under cap. 25, to be imprisoned not
more than' fourteen years nor less than one.
PENSIONS. See salaries.
.PERSON, OFFENCES AGAINST THE—
, punishment for murder, and acceeeoriee before the fact to mur*
■der, 162 1 617
25
17
95
25
17
95
25
18
95
25
18
95
25
19
96
25
20
96
25
20
96
25
21
96
23
22
96
25
23
96
25
24
96
34
_
155
162
2
617
162
3
617
162
4
617
162
5
617
162
6
618
162
7
618
162
8
618
INDEX. 765
PERSON. OFFENCES AGAINST THE, {Continued.) ^^''" ^^°' ^*°''
petit treason to be deemed and punished as murder,
punishment for manslaughter,
killing by misfortune or self-defence, &c., not punishable,
punishment for poisoning,
for attempt to commit murder fey any means other
than by poison or other destructive thing,
although no bodily harm caused,
for causing greivous bodily harm,
for attempting to cause grievous bodily harm,
for unlawfully setting fire to or in any way de- •
stroy a vessel with intent to commit murder,
or endanger the life of a person, 162 9 618
for impeding person on board endeavoring to save
life,
for attempting to procure abortion,
for endeavoring to conceal birth of a child,
for rape,
for abusing a female under ten years of age,
for abusing a female between ten and twelve years
of age,
for buggery,
carnal knowledge, what shall constitute,
punishment for abduction of girls under sixteen years,
for assault to commit felony,
conviction for assault on a trial for felony, party to be subject
to punishment by fine or imprisonment.
PERJUEY. See criminal juttice.
PETTY OFFENCES, TRESPASSES AND ASSAULTS—
larcenies under £10, and felonies not capital by juvenile offend-
ers, may be tried by sessions,
trials to take place at court house of county or place,
mode of proceeding after arrest of prisoner,
punishment for,
appeal given — informality not to affect proceedings — affidavit
required, 147 4 581
mode of proceeding up to hearing before general or special
sessions to be as by sec. 1, cap. 169, and subsequent pro-
ceedings same as in civil cases, except to be in queen's
name,
writs, by whom executed,
conviction, how made and disposed of,
no fees to be paid to officers and witnesses, but to be remune-
rated as in criminal cases, 147 8 582
powers to be exercised by monthly municipality courts in in-
corporated counties,
foregoing sections not to extend to city of Halifax,
sessions to make regulations respecting horses, &c., going at
large,
penalty for violating regulations.
162
10
618
162
11
618
162
12
618
162
13
618
162
14
618
162
15
619
162
16
619
162
17
619
162
18
619
162
19
619
162
20
619
168
—
630
147
1
581
147
1
581
147
2
581
147
3
581
147
5
581
147
6
582
147
7
582
147
9
582
147
10
582
147
11
582
147
12
582
766
INDEX,
Cap. Sec. Pagb.
147
13
582
147
14
582
147
15
582
147
17
582
147
18
58a
147
19
58a
PETTY OFFENCES, &c. (Continued)
one justice to have jurisdiction over trespasses by horses, &c.,
to extent of Ji3,
replevin may be granted by a justice on security,
form of writ,
cause in replevin to be tried by justice, as in ordinary cases of
debt, 147 16 582
persons injuring the pasturage of a coramon oy defacing the
ground, to forfeit not more than twenty shillings,
penalty for injuring ornamental trees in public squares, &o.,
for trespassing on cultivated enclosures,
for cutting down or injuring trees on crown or piivate
lands, 147 20 583
any person imprisoned under section 20, not entitled to jail
limits or benefit of insolvent act, until after five days foB
first, and ten days for second offence, 147 20 583
nothing in sections 19 and 20 to take away from party injured
his civil remedy, 147 21 585
offences under sections 7, 8, 9, 16, under jurisdiction of one
or more justices of the peace, according to amount of
penalty, 147 22 583;
two justices of the peace may hear and determine in a sum-
mary way all common assaults and batteries — forfeiture
not to exceed forty sliillings — how and to whom paid, 147 23 685
executions may issue for fines and costs — imprisonment not
. excesding thirty days may be ordered,
justices may dismiss complaint and give a certificate thereof,
justices may give or withhold costs from either party,
when offence aggravated, justices may bind over to supreme
court, 147 27 584
compliance with justice's judgment exoneration of party from
further criminal proceedings,
interrupting an authorised surveyor, penalty for,
surveyor's civil remedy preserved,
prosecutions under this chapter to be commenced within three
months after offence committed,
proceedings to be by summons — form prescribed,
PHYSIO AND SURGERY, REGULATIONS CONCERNING
PRACTICE OF—
persons entitled to recover fees under this chapter,
credentials of practitioners to be registered,
practitioners previously to 1821, entitled to license on- proof,
•• provincial appointments to be held by licensed practitioners,
penalty for breach of provisions of this chapter,
certified copy of credentials receivable in evidence,
PILOTAGE, HARBORS AND HARBOR MASTERS—
commissioners of pilots to be appointed for certain ports — to
be sworn — three to form a quorum, 7S 1 295>
pilots to be examined and selected by commissioners, and receive
certificate revocable at pleasure — form of, 78 2 295.
147
24
58a
147
25
583
147
26
583
147
28
584
147
29
584
147
29
584
147
30
584
147
31
584
57
1
206.
57
"2
206.
57
3
206.
57
4
206
57
5
206
57
6
20&
78
5
29S
78
6
29(>
78
7
296
78
8
29(>
78
9
295
78
10
297
78
13
297
78
14
297
78
15
297
78
16
297
INDEX- 767
PILOTAGE, HARBOKS, &c. {Continued.) ' ^''^' ^'"' ^^""'•
certificate to be numbered, registered, and annually renewed —
fees thereon — penalty for transfer, 78 3 295
commissoiners may make bye-laws for certain purposes, to be
sanctioned by governor in council, 78 4 295
regulations respecting flags and boats, &e. — penalty for diso-
beying,
penalty for taking pilot to sea against his will,
pilot entitled to wages if detained after anchorage, &c.
unlicensed pilots required to surrender vessel to licensed pilots,
within certain distances — penalty,
licensed pilots hailing and not accepted, entitled to certain fees,
vessels hailed to shorten sail — penalty for not doing so,
fl.ag to be hoisted by vessel requiring pilot — if no licensed pilot
offer, unlicensed one may be taken, 78 11 29'
such unlicensed pilot to surrender to first licensed pilot
offering, 78 12 29'
pilot inwards, if offering to same vessel outwards, to be pre-
ferred to other pilot — if declined, entitled to fees,
what vessels exempt from pilotage,
any one acting in absence of licensed pilot may receive fees,
harbor master, how appointed,
harbor master's fees determined by sessions, except in respect of
navigable river dividing counties, 78 17 298
harbor masters for Bridgeport and Spanish River, to be ap-
pointed by governor in council, 78 18 298
harbor masters already appointed to continue in office, 78 19 298
sessions may make regulations for anchorage, &c., of vessels
— discharge of ballast, &c., — and affix penalties, 78 20 298
wharfage may be established by sessions, and recovered as a
private debt, • 78 21 298
sessions to make regulations respecting buoys, &c. — penalties
for breach of, 78 22 298
buoys to be placed, kept in repair, &c., by part of fees collec-
ted by harbor masters, under direction of sessions,
harbor masters fineable for neglect of duty,
mode of raising funds for purposes of section 22, at St. Mary's
and Antigonish,
certain vessels at St. Mary's exempt from last section,
harbor master to prosecute for violation of harbor regulations,
regulations to be approved by governor in council,
party aggrieved may appeal to supreme court,
tow-path in Antigonish, how kept in repair.
Fish-point Bar, county of Yarmouth, protected,
harbor master at Spanish River to furnish copies of regulations
to licensed pilot,
rates of pilotage regulated by schedule A.
harbor master's fees regulated by schedule B. according to
tonnage — exception ,
county of Halifax excepted from operation of certain sections,
schedules A. and B.
78
23
298
78
24
299
78
25
299
78
26
299
78
27
299
78
28
299
78
29
299
78
30
299
78
31
• 299
78
32
299
78
33
299
78
34
299
78
35
300
78
—
300-1
Cap.
Sec.
Page.
134
—
487
162
5
617
89
1
337
89
2
337
89
3
337
89
4
337
89
5
337
89
6
337
89
7
337
89
8
338
89
9
338
89
10
338
768 INDEX.
PLEADING AND PRACTICE. See supreme court.
POISONING. See person, offences against the.
POOEr-
deflnition of word township,
overseers of poor how appointed,
settlement how gained — what persons entitled to settlement —
persons under age,
settlement of children regulated,
settlement of married women regulated,
legal settlement to cease when new one acquired,
settlement regulated where poor district divided or new dis-
trict erected,
proceedings preparatory to removal of a pauper regulated,
overseers of place of settlement refusing to remove pauper, a
warrant for his removal may issue,
persons near of kin to pauper and able, bound to maintain,
persons forsaking their families having property, such proper-
ty may be seized and sold for maintenance, 89 11 338
children to be supported by township where parents have
gained a settlement, 89 12 338
appeals by parties aggrieved, 89 13 338
on appeal concerning settlement of pauper, justices may order
payment to appellants of outlays and expenses, if they
decide removal undue, 89 14 339
costs on appeal or on notice given and not prosecuted, may be
taxed by justices and to be paid by unsuccessful party, 89 15 339
if sum taxed be not paid after service of order, it may be
recovered as private debt — what sufficient proof, 89 16 339
every township liable to defray expense incurred for relief of
pauper by person not liable, after notice to overseer, 89 17 339
penalty for bringing pauper into township not liable to sup-
port him, with intent to charge such township, _
two meetings shall be held annually in township,
meetings to be notified by overseers, by advertisement,
power of inhabitants present at such meetings in voting
money, choosing collectors and clerk of poor districts,
if business cannot be completed, meetings may be adjourned,
if money voted be insuffiicent, deficeincy may be made up at
next meeting, 89 23 340
poor houses maybe erected or hired, and money voted therefor
at such meetings — titles to vest in overseers, who shall
have control of buildings and submit accounts annually, 89 24 340
rates shall be collected by general warrant of distress, founded
on return of defaulters to be made by collectors — warrant
how executed — fees payable thereunder, 89 25 340
appellants may be relieved by justices and excess refunded, 89 26 341
no person shall be assessed unless able to pay one shilling
annually, 89 27 341
persons thinking themselves overrated may appeal to sessions, 89 28 341
89
18
339
89
19
339
89
20
339
89
21
339
89 >
22
340
INDEX. 769
__ _ Cap. Sec. Pagb.
POOR. {Continued.)
all monies received by overseers shall be applied to purposes
specified — collectors overholding monies may be sued, 89 29 341
overseers to render their accounts to clerk of peace within one
month after going out of office — provision if no district
clerk, 89 30 341
accounts so rendered shall be audited by sessions, 89 31 341
overseer appointed and refusing to serve, shall forfeit five
pounds, 89 32 341
overseers negl^ting to render accounts, &c., shall forfeit five
pounds, 89 33 341
in case of neglect to assess for support of the poor, townships
may, on application of overseers, be amerced by the
sessions, 89 34 341
collector appointed and refusing to serve, shall forfeit forty
shillings, 89 35 342
collector to account with overseers quarterly, and pay over '
his receipts, and on default, money may be recovered as
private debt, 89 36 342
collector neglecting duty for thirty days after appointment, to
forfeit five pounds, 89 37 342
persons obtaining relief may be compelled to refund the same
if able to do so, and the amount shall be accounted for as
other money, 89 37 342
assessor shall not be exempt from assessment, and on neglect-
ing to assess himself in a just proportion, shall forfeit
five pounds, 89 39 342
commission to collectors settled by sessions— not to exceed five
percent. 89 40 342
forfeitures recovered shall be applied to support of poor of
township, 89 41 342
district clerk and treasurer may be appointed— must give
bonds,
clerk's duties defined,
treasurer's duties defined, not to receive any commissions,
chapter to extend to city of Halifax, except where inconsistent
with incorporation act passed in 1851,
same person may be appointed clerk and treasurer,
form of warrant of distress given in schedule.
POOR DISTRICTS—
established districts confirmed until altered by law, 90 1 344
on application of twenty or more rate-payers for division into
districts, sessions may pass order calling on parties inte-
rested, 90 2 344
copies of such order setting forth proposed boundaries shall be
posted up in township sought to be divided, thirty days
previous to ensuing sessions,
89
42
342
89
43
342
89
44
342
89
45
343
89
46
343
89
—«
343
90 3 344
at such sessions township may be divided and name gircD, 90 4 344
90
5
344
90
6
344
90
7
344
23
4
81
23
4
81
23
5
81
23
6
81
23
7
81
23
8
81
23
9
81
23
10
81
770 INDEX
' Cap. Sec. Page,
POOR DISTRICTS. (Continued.)
sesstons may, by order, apportion expenses of present paupers
among such districts — future paupers to be chargeable
where settlement gained,
expenses may be readjusted by subsequent orders of sessions,
rates pending at date of first order not to be affected thereby.
POST OFFICE—
control of, under governor in council, 23 1 80
officers of, and posts, to be appointed and established by go-
vernor in council, 23 2 80
postmaster general and deputies to give bonds — in what amount
and how, 23 3 80
governor in council may make orders in conformity with cap.
23, for carrying out same, &c.
limitation of penalty for breach of orders,
orders in council to be published in royal gazette, and laid
before legislature,
rates of postage regulated,
prepayment of provincial postage optional,
postage to be retained where received,
disposition of British and packet postage,
franking abolished,
provincial stamps may be prepared, issued, and sold under
orders of governor in council, 23 11 81
stamps of other British North American Colonies, evidence
of prepayment,
postage on newspapers abolished,'
postage on books, printed publications and pamphlets, regu-
lated— ^may be altered &o. by governor in council,
packet postage regulated and apportioned,
packet postage received, how paid over,
colonial postage to be paid to receiver general quarterly,
postmaster general to return to financial secretary quarterly
accounts of the whole revenue received, 23 15 82
expense of express mails, subject of agreement between respec-
tive governments, •. • 23 16 82
conditions and provisions may be altered and modified by go-
vernor in council, 23 17 82
government or parliamentary papers free of postage within
this province, 23 18 82
conditions to be observed in forwarding printed papers per-
mitted to be sent by post, 23 19 83
printed papers may be examined, to ascertain whether condi-
tions complied with, 23 20 83
postage to be charged if conditions not complied with, 23 20 83
printed papers may be detained and postage charged thereon,
if conditions infringed, 23 20 83
postmaster general, with concurrence of governor in council,
to decide whether printed papers entitled to privilege of
this cap. 23 21 83
23
11
81
23
12
82
23
13
82
23
14
82
23
15
82
23
15
82
INDEX. 771
Cai?. Sbo. Faoe
POST OFFICE, {Continued.)
provisions for forwarding printed papers in case party to whom
addressed has removed, 23 22 83
masters of ships, other than post office pacl^ets, allowed IJd.
for every letter they deliver to post office at first port of
arrival, 23 23 83
if circumstances preyent receipt of money at pjace of delivery,
an order on postmaster general to be given to master, 23 23 S3
master to make declaration at place of arrival, 23 23 84
no vessel permitted to enter or report until declaration made
and produced to ofBcer of colonial revenue, ' 23 24 84
all letters to be delivered before bulk broken or entria^ade—
exceptions — vesselsjin quarantine how letters d^osed of, 23 24 84
letters on board contrary to cap. 23, to be seized^— officer entitled
to half penalties, 23 24 84
agents by whom appointed to demand letters— master to deli-
ver all letters on being demanded, 23 24 84
postmaster general, &c., to appoint way offices — way office
keeper liable to penalties, 23 25 84
post accommodation may be extended on terms, 23 26 84
governor in council, by order in council, may make arrange-
nfents with North American colonies or foreign countries
for transmission of foreign or colonial newspapers, 23 27 85
post mark evidence of postage payable — postage recoverable
as due to her majesty, 23 28 85
officers of post office and carriers exempt from juries, inquest,
militia, and town and city offices, 23 29 85
acts of misconduct — what shall be, and how punished, 23 30 85
mail carriers not liable to ferriage — ferrymen refusing to con-
vey mail carriers, liable to a penalty, 23 31 85
abettors of ofiences under cap. 23 punishable as principals, by
summary conviction, 23 32 85
letters to be forwarded only by mail — exceptions — proviso, 23 33 85-6
letters sent in contravention of cap. 23 seizable — how disposed
of, 23 34 86
by whom and to»whom postage payable — recoverable with
costs by civil action, 23- 35 86
powers and duties of postmaster-general — who deemed depu-
ties— suits to be brought in name of postmaster-general,.
&c. — appointment not traversable except on part of the
crown,
soldiers' and sailors' letters privileged,
property in letter vested in person to whom addressed, &c..
postmaster general not liable for lost letter, except by his own
default,
offences against post office defined and mode of punishment for
offenders — how indicted, tried and punished,
property in letter, &c., to be laid in postmaster general —
value of letter &c., not necessary to be stated ia indict-
ment, or proved, 23 12 90
54
23
36
87
23-
37
87
23
38
88
23
38
88
23
40
88-9
23
41
89-90
772 IKDEX.
Cap. Sze. Fagb;
POST OFFICE, (Continued.)
in indictment against a person in employ of post office, under
cap. 23, particulars of employment not necessary — that
he was employed in post office at time of commissicm of
offence sufficient, " 23 42 90
postmaster general, with sanction of governor in council, may
compound suits, 23 43 90
all pecuniary penalties imposed by cap. 23, or by any ol-der
of governor in council, recoverable with costs by post-
master general by civil suit, 23 44 91
penalties to be sued for within one year, 23 44 91
if penalty exceed £20, offenders may be indicted foy a mis-
demeanor, 23 44 91
on conviction to be punished by fine or imprisonment or both,
at discretion of court, 23 44 91
any postmaster or other officer or servant, a competent witness
— burthen of proof of act done in eonformity with cap.
23, on defendant,
pay of postmaster general and other officers,
definition of terms,
PRINCIPALS AND ACCESSORIES. See criminal justice.
PROBATE COURT—
judge and registrar how appointed and sworn,
judge for county where deceased dwelt last, to grant probate,
where death occurred out of province, probate to be granted
where estate lies,
judge may order division of real estate among next of kin,
where division cannot be made without prejudice, whole may
be offered to sons, &c,, and how,
order for division, how made — guardian appointed for minor,
dower may be assigned and set off to widow,
division to be made, when ordered, by five freeholders, under
oath,
division not valid unless three concur and judge approve,
. before judge approves, parties interested must be notified,
' judge may confirm, reject, or amend division, and award and
apportion costs to be enforced as in section 45,
plaiis of division may be ordered by judge,
in case of insufficiency of personal estate to pay debts, &c.,
license may be granted to sell, mortgage, or lease real
estate,
such license not be in force beyond one year, .
license to be entered in registrar's book, and recorded in re^s-
try of deeds where lands lie, certified copy to be evidence,
security for license to be by bond with two sureties,
if executor or administrator do not give such security within
reasonable time, judge may appoint other person to sell,
&c., 130 17 430
vindevised real estate shall be first sold to pay debts, &c., un-
less when not in conformity with provisions of will, 130 18 430
23
45
91
23
46
91
23
47
91
168
—
630
130
I
42&
130
2
42S
130
3 '
428
130
4
428
130
5
428
130
6
429
130
7
429
130
8
429
130
9
429
130
10
429
130
11
429
130
12
429
130
13
429
130
14
429
130
15
429
130
16
430
INDEX. 773
Cap. -.Smi. Fagi:.
PROBATE COURT, (Continued.)
judge may issue compulsory process, &c., and punish for con-
tempt as in court of law, 130 19 430
letters ad colligendum not to be granted without security, 130 20 430
when judge interested in estate to particular amount, &c., case
to be transferred to judge of adjoinilig county — certified
copy of proceedings to be transmitted on settlement, 130 21 430
KO judge or registrar to fee professionally employed in liis
court, 130 22 431
aregistrar to have custody of records, temporary registrar may
be appMnted during absence or sickness, ' 130 23 431
registrar shall keep separate books for registering wills,
decrees, &c. of sale of real estate, and abstracts of pro-
ceedings of court, 130 24 431
■executor, or administrator to subscribe oath administered to
him, ' 130 25 431
an registering wills, all interlineations &c. not noticed in at-
testation, are to be noted at foot so as to make exact
transcript, 130 26 431
original wills not to be taken from office except for produc-
tion in supreme court, and on security for safe custody
and return,
-decrees to be regularly filed and registered,
letters of guardianship, and ad colligendum, to be registered,
Application for probate, &c., may be verbal — other acts,
&c., in writing, 130 30 431
application when verbal, to be made to registrar, who
shall enter same and obtain signature of party, and
submit it to judge, ' 130 31 431
■on application for recording copy of will proved out of
province, judge shall order gazette noti^ce of appli-
cation and time of hearing same, 13© 32 431
an applications for administration, &c., rights of absent
parties t© be reserved, 130 53 432
•compulsory process to be directed to sheriff, deputy sheriff,
or coroner, 130 -34 432
proceedings where executor, &c., required to render
account — creditors, &c., of deceased, how cited —
citation to be published in gazette, 130 35 432
■citation need not fee served on certain parties, unless judge
so order, 130 36 432
-any person may serve citation — affidavit of service filed to fee
sufficient, 130 37 432
ifinal settlement of estate may be contested fey any one inter-
ested,
.€xecutor, &c., must produce vouchers for all payments over
40s. and may fee examined under oath as to estate- of
deceased,
^iroctor need net fee employed, feut parties may act for them-
130
27
431
130
28
431
130
29
431
130 38 432
130 39 432
130 40 433
774
INDEX.
Cap. Sec. Page,
PROBATE COURT, (Continued.)
testimony adduced before judge must be reduced to writing
and filed, 130 41 433:
when witnesses to will are distant, absent, sick or
aged, deposition taken by authorized person shall be
sufficient, 130 42 433-
hearings may be adjourned and auditors appointed if
necessary, 130 43 438
final settlement to be conclusive as to certain specified
facts, 130 44 433
costs may be taxed and mode of payment specified — taxatian
may be reviewed by supreme court or judge after notice
without appeal, 130 45 433
value of estate in reference to fees ascertained at first by oath
of executors, &c. 130 46 434
appeals to supreme court in county or at Halifax provided
— appeal to be entered within thirty days, and state-
ment filed in court of probate — bond to be filed in
penalty of £60 — perfected appeal a stay of proceedings, 130 47 434
cause may be remitted for further investigation, if court so
require it, 130 48 434
appeal may be heard before two judges at chambers, upon rule
nisi — if decision confirmed it shall be final — if judgment
reversed or altered, party dissatisfied may enter same and
argue it before court, 130 49 434
if appellant neglect to enter appeal after fourteen days' notice,
respondent may enter same, and shall be entitled to rule
nisi thereon, 130 50 434
judge of probate upon appeal perfected and fees paid, shall
transmit to court to determine appeal, certified copies of
all papers connected therewith, 130 51 434
on neglect of judge to transmit appeal papers, court may en-
force same by attachment, 130 52 435
on special cause shewn appeals may be allowed by supreme
court or judge six months after usual time limited there-
for, 130 53 435
costs may be allowed by court on appeal, and mode of pay-
ment— payment may be enforced by suit or execution — no
suit to be commenced without leave of court of appeal or
judge, 130 54 435
court of appeal may order feigned issues and direct mode of
trying same — ^final determination to be conclusive as to
facts, 130 55 435
executors neglecting to prove will or to refuse executorship, to
forfeit £5 per month after first month — mode in which
same is recoverable, 130 56 435
where executor refuses to act, administration may pass wilfi
will annexed, 130 57 435
upon proof of waste, executor may be ordered to give bonds,
and for not complying, his authority may be cancelled,
and another executor appointed, 130 58 435
INDEX- 775
PROBATE COURT, (Continued.)
order in which and to whom administration shill be granted,
judge, if next of kin desire it, may aBSooiate another person in
the administration,
administrator of person dying out of province applying to ad-
minister on estate of deceased in province, shall be prefer-
ably entitled thereto,
a previous executor, (fcc, may be cited to account by his suc-
cessor,
administrator shall give bonds before entering on duties,
administrator, on death or insolvency of bondsman, required
to give new bond, and for non-compliance new adminis-
trator may be appointed,
bond on new administration to be as nearly as possible in form
now used,
inventory of real and personal estate of deceased to be filed
within three months after letters granted,
if any property come to knowledge of administrator or execu-
tor after that period, further inventory to be filed,
neglect to file an inventory, a forfeiture of five pounds per
month,
certain articles are to be omitted in making inventory,
estate of deceased to be appraised by two or more disinterested
persons appointed by judge — their fees while employed,
appraisers to assist in making inventory — appraisement war-
rant to be returned and filed with inventory,
appraisers to be sworn before entering on duties, and fact
certified,
advertisement to be published in royal gazette before payment
of debts or distribution of estate — demands to be attested
as in form, but not to be rejected for mere informality
unless creditors notified, 130 73 438
if executor or administrator a creditor, his account to be filed
a month before distribution, verified under oath as in
schedule, 130 74 438
naming a person executor shall not discharge debt due by him
to testator, but he shall be liable therefor as for so much
assets of estate, 130 75 438
after eighteen months, payment of just debts, &c. shall be
made by executor or administrator, and surplus distribu-
ted as directed herein or by will, 130 76 438
esecutor or administrator may be cited after eighteen months
to account and to settle estate of deceased, and judge may
adjust claims subject to appeal — costs on citation not to
be allowed against executor or administrator until after
notice, _ 130 77 439
after eighteen months, executor or administrator may cite
co-executor or co-administrator to account, 130 78 439
in settlement of account, &c., probate court to have powers of
chancery court,
Cap.
Sec.
Page.
130
59
436
130
60
436
130
61
436
130
62
436
130
63
436
130
64
436
130
65
437
130
66
437
130
67
437
130
68
437
130
69
437
130
70
437
130
71
438
130
72
438
130 79 439
776 INDEX.
Cap. Sbo. Paob
PKOBATB COURT, {Continued.)
judge may order distribution of Surplus assets among parties
entitled, 130 80 439
judge, on application, may order money in hands of executor
or administrator to be paidinto bank to credit of the es-
tate— not to be paid out except by order of court, 130 81 439
where deceased had contracted for sale, &c., of any estate,
judge may declare administrator, trustee to carry out such
contract, and execute conveyance accordingly, 130 82 439
estate may be declared insolvent on oath of executor or admi-
nistrator by order of judge, such order to be pleaded in
bar to any action — judge empowered to adjust creditoi's
claim on petition, subject to appeal, 130 83 439
order of distribution of insolvent estate — what claims pre-
ferred, 130 84 440
mortgages and judgments not affected by 84th section as to
J value of lands bound thereby — holders thereof to rank on
estate for balance as creditors — widow's dower and certain
other claims not affected, 130 85 440
where estate divisible among collateral heirs and division
will cause prejudice to estate, judge may order whole
to heirs in rotation of seniority, on giving security to pay
portions to others entitled, 130 86 440
proceedings as to order, &c., to be as in section 6 — ages
of heirs, how ascertained, 130 87 441
administrator de boms non may execute conveyance of
lands agreed to have been made by deceased executor or
trustee, &c., 130 88 441
if action brought by such deceased executor, on such agree-
ment, and judgment obtained, administrator de bonis non
may recover sum due thereunder, 130 89 441
when license to sell real estate obtained, thirty days' notice
must be given in gazette and by handbills, of time and
place of sale, 130 90 441
executors may adjourn sale for thirty days, and put up notices
thereof, 130 91 441
affidavit of executor, &c., filed one year after sale, to be evi-
dence of time, place, &c., 130 92 441
deeds, &c., made under license, to have same effect as if made
by deceased, 130 93 441
after year from probate, schedule of desperate debts may be
filed by executor with afiidavit — same to be distributed
equitably among creditors, 130 . 94 442
conveyance under this chapter registered, to be presumptive
evidence of regularity of proceedings on which it is
founded, 130 95 442
commissions may be allowed to executors or administrators,
and adjusted by court, 130 96 442
specific legacy to executor, unless renounced by him, shall be
in lieu of commission, 130 97 442
130
99
442
130
100
442
1
675
158
—
613
81
—
308
43
1
166
43
2
166
INDEX. 777
PROBATE COURT, {Continued.) ^^^' ^'"'- ^^''''•
judge of probate may appoint surrogate, during absence, 130 98 442
oath required to be taken before judge or register, may be ad-
ministered by person authorized by judge, if witness sick,
aged, or living thirty miles distant,
forms in schedule to be observed as nearly as possible,
schedule of forms from page 443 to page 446.
disqualified from holding seats in legislative or executive coun-
cil or house of assembly — appendix.
PROFANE SWEARING. See public morals, offences against.
PROMISSORY NOTES. See bills of exchange.
PROTHONOTARIES AND CLERKS OF THE CROWN—
office of, for whole province, abolished,
J. W. Nutting to continue to hold office for Halifax county,
to be appointed for each county except Halifax, by governor
in council, 43 3 166
to make annual return of fees to receiver general, and pay
over one third to him, to be paid to J. W. Nutting
during his incumbency, provided he receive no more
in any one year than with his emoluments amount
to £500, 43 4 166
preceding proviso not to apply to his salary as clerk of
crown,
to give bonds,
duties of, in crown cases defined,
may retain £10 annually as compensation for such services,
monies paid into treasury from Cape Breton, under fourth sec-
tion ^ to whom to be paid over, 43 9 167
salary of J. W. Nutting not to be afiected by seventh and
eighth sections, 43 10 167
disqualified from becoming members of legislature or executive
council or house of assembly, and from what period,
appendix. 1 675
PROVINCIAL LOAN, appendix, page 677.
authorized,
, money how drawn,
how repaid,
accounts to be laid before committee of legislature,
PROVINCIAL SECRETARY, See salaries and costs and fees,
PUBLIC ACCOUNTS, See receiver general and financial secre-
tary,
PUBLIC PROPERTY, See commissioners of
PUBLIC PROPERTY, TRUSTEES OF—
trustees of public property to be appointed by sessions — record
to be kept — trustees a body corporate, 97 1 363
land and property conveyed, vested, or dedicated for twenty
years before passing of this chapter, &o., to be vested in
trustees, 97 2 363
43
5
167
43
6
167
43
7
167
43
8
167
1
677
2
677
3
677
4
678
34
—
155
36
— .
158
24
92
778
INDEX.
PUBLIC PROPERTY, (Continued.)
all such lands to be leased by trustees subject to control of
sessions,
leases limited to seven years,
bye-laws how made,
accounts of trustees to be rendered annually to sessions,
penalties and rents how recovered,
expense of trustees to form a county charge,
what lands and buildings exempt from this chapter,
sessions to appoint trustees of school lands, &c.,
vacancies how filled.
PUBLIC INSTRUCTION-
PART FIRST.
governor in council to appoint superintendant of edu-
cation, commissioners of schools and trustees of aca-
demies, •
present school districts confirmed,
school districts may be formed, sub-divided, and altered,
and may lie in two counties and be partially assisted by
each,
schpol trustees to be elected by rateable inhabitants of
district,
commissioners to appoint clerk — to give bonds — his duty and
fees,
what schools, entitled to be entered for participation in
grant,
commissioners shall examine teachers and grant licences,'
trustees accounts, how to be rendered to obtain allowance,
penalties on trustees or teachers for rendering false returns,
if majority of inhabitants agree to raise money for school pur-
poses, trustees to appoint assessors to levy same on district
in manner prescribed in case of poor rates,
amount of public allowance for academies, grammar, and com-
mon schools,
mode in which grammar school allowance is to be divided,
mode in which common school allowance is to be drawn and
apportioned by commissioners,
poor scholars, not exceeding eight, to be taught gratuitously
commissioners to make annual returns to governor, of receipts
and disbursements duly certified, and report of their pro-
ceedings,
conditions under which alone allowance is payable,
higher branches of education required to be taught at grammar
schools, \
amount of contribution and number of scholars necessary to
entitle grammar school to allowance,
schools where instruction is in foreign languages, may parti-
cipate in grant,
academies receiving assistance, required to teach certain
branches,
)AP.
Sec.
Page,
97
3
363
97
4
363
97
5
363
97
6
363
97
7
363
97
8
364
97
9
364
97
10
364
97
11
364
60
1
209
60
2
209
60
3
209
60
4
209
60
5
209
60
6
209
60
7
210
60
8
210
60
9
210
60
10
210
60
11
211
60
12
211
60
13
211
60
14
211
60
15
211
60
16
211
60
17
212
60
18
212
60
19
212
60
20
212
INDEX. 779
PUBLIC INSTRUCTION, (Continued) *'^''" ^^°- ^^^"^
trustees of academies may make bye-Jaws, to be approved by
governor in council,
returns required to be made by trustees of academies,
public examination to be held by trustees half yearly,
■what necessary to entitle academy to participate in grant,
trustees of academies incorporated — their name of office,
duty of superintendent of education defined,
shall hold annual meetings at which commissioners and
licensed teachers may attend — proceedings at such meet-
ings,
clerks to keep lists of licensed teachers — distinction of merit,
further duty of superintendent, and instructions for his gui-
dance,
academies may be visited by superintendent, inspected, &c.,
money to purchase books, &c., may be advanced on requisition
of superintendent — how books, &c., shall be distributed,
money for establishment of school libraries granted,
contingencies and travelling expenses of superintendent fixed,
real estate may be hdd by commissioners in trust, for erecting
school houses, &c.,
clergy and magistrates of county, visitors of schools therein,
commissioner not to be teacher or clerk while in office,
superintendent, teachers of academies and licensed teachers,
exempt from certain public duties,
chapter 60 how long to continue in force,
schedule A., distribution of grammar school monies, pp. 214 to
216,
schedule 7?., distribution of common school monies, pp. 216 to
217.
SECOND PART. NORMAL SCHOOL
shall be founded in central and convenient locality,
buildings to be erected by commissioners — cost provided for,
superintendent and teachers how appointed — their salaries,
annual allowance for fuel, books, &c., how drawn and ex-
pended, ^
shall be under the management of fiv5 directors,
boards of commissioners to have the right to send pupils, and
to afford them pecuniary aid — qualification of pupils,
additional number may be received under certain conditions,
pupils not intending to teach in the provincemay be admitted,
pupils to be examined and when — scale of certificates as gra-
duates— conditions with reference to certificate,
holder of certificate entitled to license, if not ef bad character,
principal may send three graduates as free students,
annual public examination established,
principal and assistants exempted from certain public duties,
model schools at Truro to be considered part of normal school,
Buch model schools to be considered as schools of district in
Colchester, 00 53 219
55
60
21
212
60
22
212
60
23
212
60
24
212
60
25
213
60
26
213
60
27
213
60
28
213
60
29
213
60
30
213
60
31
213
60
32
214
60
33
214
60
34
214
60
35
214
60
36
214
60
37
214
60
38
214
60
~ 39
217
60
40
•217
60
41
217
60
42
217
00
43
217
CO
44
218
60
45
218
00
46
218
00
47
218
00
48
218
60
49
218
60
50
219
00
51
219
00
52
219
780 INDEX.
Cap. Sec. Page.
60
54
219
60
55
219
60
56
219
60
57
219
60
58
219
158
1
613
158
2
613
158
3
613
158
4
613
PUBLIC INSTRUCTION, {Continued.) \
teachers of model schools to be chosen in same manner as
teachers of normal school, i
salaries of teachers settled, and the source of endowment,
code of rules to be drawn up by superintendent,
principal authorised to grant diplomas,,
amount and division of coramon school allowance,
when school district intersected by lines of educational district,
it shall be assisted by commissioners of educational
district, 60 59 220
the grant of three grammar schools in county of Cape Breton,
may be applied to two only, 60 60 220
all previous undrawn grammar school monies to revert to
revenue, as also all future grants undrawn during
year. 60 61 220
PUBLIC MORALS, OFFENCES AGAINST—
fine and punishment for drunkenness,
incest, punishment for,
keeping a gambling, bawdy, or disorderly house — punishment
for,
who to be deemed keeper of such houses,
keeper of such houses may be summarily tried and punished,
if in city of Halifax, before police court, 158 5 613
any justice of peace, or, if in city of Halifax, the mayor or any
alderman, may, day or night, enter any house, &c.
fine for profane swearing,
lotteries and raffles, penalties therefor.
PUBLIC PEACE, OFFENCES AGAINST—
twelve or more persona remaining riotously assembled after
proclamation made — punishment for,
form of proclamation,
punishment for opposing party making proclamation,
punishment for remaining together after proclamation ob-
structed, knowing of the same, 160 4 615
three or more assembled together with intent to execute com-
mon purpose with force and violence, or calculated to
cause terror, having no authority therefor, to be impri-
soned for a term not exceeding three years, 160 5 615
any persons unlawfully assembled together and damaging or
destroying churches, chapels, meeting houses, buildings,
erections, or manufactural machinery, to be imprisoned
not exceeding two years, 160 6 615
punishment for fighting in a public place likely to cause ter-
ror, to be imprisoned not exceeding three months,
punishment where two or more carry dangerous weapons,
penalty for discharging firearms, or by riotous or disorderly con-
duct in streets or highways disturb the peace or wantonly
and maliciously disturb inmates of any dwelling house,
PUBLIC RECORDS. See administration of justice.
158
6
613
158
7
613
158
8
614
160
1
615
160
2
615
160
3
615
160
7
616
160
8
616
160
9
616
161
—
616
INDEX.
J^
(^ »- *? .CL^
^:i^.
781
PUBLIC WORSHIP. See religion.
PUBLIC GROUNDS, SUPERVISORS OF—
PUBLIC LANDINGS. See hridges and public landings.
QUEEN, OR HER MAJESTY, how construed.
QUAKERS AND MORAVIANS. See affirmation.
QUARANTINE—
governor in council may make orders and affix penalties for
breach thereof — evidence of, what sufficient,
disobedience of orders a misdemeanor in addition to penalty.
RABID ANIMALS—
sessions may make orders for preventing dangers 'from,
found at large may be confined or destroyed,
RAILROADS—
lines to be public work — ^grades to be determined by governor
in council,
trunk line from Halifax northerly, to be first constructed,
after trunk completed, railways to be carried on as legislature
may direct,
to be under charge of three commissioners — their appointment
and duties — not more than one to hold seat in either
branch,
lines to be built by tender and contract — not bound to accept
tenders,
contracts to be carefully guarded so as to protect public in-
terests,
chief engineer to be appointed by governor in council — his
duties,
no payment to be made to contractors but on certificate of
chief engineer,
members of legislature not to hold office of emolument under
commissioners, or to be contractors or parties to contracts
connected with railroads,
no officer of government, or member of legislature, to be secu-
rity on contract,
power of commissioners in entering and taking lands required
for track or stations — quantity taken limited,
power of commissioners to enter on lands and deposit soil,
&c., or to dig and carry away materials — must first notify
proprietor,
commmissioners authorized to construct necessary works over
roads, &c.
may alter course of rivers, roads, &c.
may make conduits through lands to convey water to or from
railway,
shall have general powers to do all necessary acts, &c.
Cap.
Sec.
Fase.
157
—
612
68
—
246
71
—
270
1
*
7
2
1
7
4
53
1
200
53
2
200
55
1
202
55
2
202
70
1
251
70
2
251
70
251
70
4
251
70
5
251
70
6
252
70
7
252
70
8
252
70
9
252
70
10
252
70
11
252
70
12
253
70
13
253
70
14
253
70
15
253
70
16
253
782
IN0EX.
CAr. Ses Fags..
RAILROADS, (Continued.)
mode of ascertaining value of materials taken under sec. 12 —
arbitrators how to be appointed — their award and remu-
neration, 70 17 253-
damages awarded to be paid within a month — parties may
appeal, , 70 18 254
if appeal not asserted in 20 days, amount may be sued for, 70 19 254
damages under three last sections, chargeable and to be as-
sessed on county, 70- 20 254
persons entering under 12th section, except eoramissioners or
contractors, must furnish owner with written authority
from them — persona so giving authority liaMe to owner
at his option, 70 21 254
fruit and ornamental trees excepted from chapter, 70 22 254
monies payable for land and fencing to form county charge —
sessions to consider relative benefit to section and ap-
portion accordingly, 70 23 254
when lines on portion completed, governor in council may
make regulations for working them subject to approval
of legislature, 70 24 254
governor in council may inspect contracts and eommissioners'
proceedings, and suspend progress of work. 70 25 255'
governor in council to fix salaries of commissioners and chief
engineer, and approve of other salaries, subject to revision
of the legislature, 70 26 255-
expenditure and liabilities not to exceed £200,000 per annum, 70 27 255"
quarterly accounts to be rendered by commissioners, to be
checked by financial secretary, and audited by joint com-
mittee of legislature, tO 28 255»
commissioners, subject to sanction of governor in council, au-
thorized to make regulations and affix penalties, 70 29 255'
persons engaged in construction may be exempt from militia
duty,
loan may be contracted, not to exceed £200,000 in one year,
issue of debentures at six per cent, authorized,
form, mode of issue, amount of debentures, &c., regulated,
mode in which proceeds of tolls are to be applied,
credit and revenues of province pledged for redemption of de-
bentures and interest, subject to pre-existing liability,^
&c., 70 35 25(>-
monies borrowed to be paid to receiver-general — to be paid out
on warrant — ^fund how to be managed, 70 36 256
quarterly accounts of receipts and expenditures to be audited
by financial secretary, and laid before legislature, 70 37 256
city of Halifax to be a stockholder to the extent of £100,000,
and to participate in the profits — interest to be assessed
annually, 70 38 25T
if less than £200,000 borrowed in any one year, deficien-
cy may be added to next year, not to exceed £200,000
per annum, 70 39 25T
70
30
255
70
31
255
70
32
255
70
33
256
70
54
256
INDEX. 783
KAILROADS, {Continued.) *'^''' ^""- ^^'"^
debentures may be payable in currency or sterling, as gover-
nor in council direct, 70 40 257
provisions of chapter, except as modified by last two sections,
to extend to such debentures, 70 41 257
debentures to be valid although not verified by governor's
seal, 70 42 257
mode in which for assessing railway damage jury to be drawn, 70 43 257
jury to be struck by clerk of peace and claimants, to assess
damages, until number reduced to fourteen, 1^ 44 258
provision when same person is prothonotary and clerk of the
peace, as respects striking jury, 70 45 258
railway commissioners to furnish prothonotary before striking,
with lists of claimants' damages and plans explaining
same — further regulations regarding striking of jury, 70 46 25S
venire for summoning jury how issued and to whom delivered, 70 47 258
first seven jurors answering to be sworn — sheriff and jury to
proceed, if numbers not reduced below five by death , &c. —
duties of jurors defined in case of disagreement — majority
to return appraisement of damages — venire appraisment
and return to be filed by sheriff with clerk of peace
— what proceedings necessary if jury reduced below five, 70 48 259
sheriff and jury to have access to all papers, plans, and returns
in public offices — commissioners, &e., to give evidence
under oath if required, ■ 70 49 259
fees of prothonotary, clerk of peace, sheriff and jurors, for
their services, 70 50 260
appeal to supreme court or judge, how and when to be asser-
ted— damages may be confirmed, increased, or reduced
in discretion of the court or judge, or a jury empanneled
to try disputed facts, unless damage increased or reduced
one sixth, costs how to be borne — jury to be ordinary
petit jury, except otherwise specially ordered — railway
damages under appraisement not appealed against, to be
assessed, collected, and paid as soon as possible, 70 51 260
amount appraised shall be payable in two years with
interest for delay of payment on each year's instal-
ment, 70 52 261
custos, after notice required by 62 section, to prepare certifi-
cate, to be payable to order and negotiable, and entitle
the party to receive amount of appraisement and interest
when due,
damages to be apportioned by sessions, and to be levied as
county rates are now — proviso aa respects tenants for
term less than freehold,
if sessions neglect or delay to comply with preceding section,
supreme court may amerce county,
mode of collecting such amercement — assessors and other
officers to carry out provisions of this chapter, subject to
penalties.
70 53 261
70 51 261
70 55 261
70 56 262
784 INDEX
Cap. Sec. Page.
RAILROADS, {Continued.)
ofBcers employed as assessors, collectors, &c., to be compensa-
ted at rate to be fixed by sessions — such compensation to
be a county charge, TO 57 262
county treasurer to pay monies received under this chapter to
receiver general, who is to pay parties entitled — in case of
deficiency, new assessment, 70 58 262
Halifax sessions may assess to remunerate appraiser for ser-
vices in 1854, 70 59 262
certain parties who are to be entitled to benefit of chapter —
receiver general to deduct on payment of Messrs Piers'
sum already paid them, 70 60 262
proceedings may be amended &c., at any stage — technicalities
not to affect, 70 61 263
monies assessed under this chapter, not to be paid over until
after notice of amount, and description of land on which
assessment made, has been published — if objection made
on affidavit, payment not to be made without order of
supreme court or a judge, 70 62 263
appraisement in favor of Kenny and Davy, how to be levied,
collected and paid, 70 63 263
cost of fencing to be a county charge at rate of £50 per mile,
to be payable in two years according to appraisement, 70 64 264
advance to Messrs. Drillio to be repaid from assessment for
African settlement,
treasurers and collectors required to give bonds,
bell or steam whistle to be kept on locomotive under penalty,
proprietors of railways to. keep painted , boards at crossings,
with proper inscriptions to be always kept legible, 70 68 264
sessions, upon application and investigation, to order gates at
crossings, and keepers if they deem them necessary, after
due notice to proprietor or his agent, 70 69 264
violation of three preceding sections punishable by fine, 70 70 265
malicious obstruction of railroad or carriages, punishable by
fine, 70 71 265
going on railroad, or driving animals thereon, punishable by
fine, 70 72 265
owners of animals going at large on railroads punishable by
fine, 70 73 265
in default of goods to satisfy fine, party may be imprisoned, 70 74 265
special constables may be appointed to carry out foregoing re-
gulations— their daties — may wear distinguishing badge, 70 75 265
"proprietor" shall include agent and servants — "road,"
street, lane, &c. 70 76 266
obstruction of workmen on railroad punishable by fine. 70 77 266
wilful obstruction of carriages and injury to railroad, to be a
felony, punishable by imprisonment not to exceed four-
teen years, 70 78 266
Impeding or obstructing officers, trespassing on railway, or
destroying fences, sign-boards, &c., punishable by fine, 70 79 266
70
65
264
70
66
264
70
67
264
INDEX. 785
Cap. Sec. Page.
RAILROADS, (Continued.)
omission to shut and fasten accommodation gates, punishable
by fine, 70 80 266
going on railway, or driving animals thereon, punishable by
fine, 70 81 267
owner of animals found straying on railroad, and person cau-
sing same by neglect, to be fined, provided railroad duly
fenced, 70 82 267
refusing to pay fare, or to quit carriage &c., or riotous, dis-
orderly or indecent conduct therein, punishable by fine, 70 83 267
offenders under preceding section may be detained, and by
whom, 70 84 267
aquafortis, gunpowder, or other dangerous goods when sent
by railway, to be marked or contents notified — penalty
for not doing so, 70 85 267
commissioners may fix and levy tolls for traffic on road, pro-
vided the same are equal in their operation, 70 86 268
toUs must be paid in such manner as commissioners direct, 70 87 268
on failure to pay toll on carriage or goods, commissioners may
detain and sell same or qther goods of same person — pro-
ceeds how applied, 70 88 268
giving incorrect account of goods, &c., to evade payment of
tolls, punishable by fines proportioned to quantity of
goods, 70 89 268
damage to carriages — ^getting into train improperly, how pun-
ished,
rules for booking passengers at road stations,
commissioners not liable for injury to goods without special
bargain,
penalties for overloading carriage on railway, or obstructing,
persons convicted under sections 71 to 87, may be imprisoned
for want of payment of forfeiture,
period when certain sections come into operation,
schedules A. B. and C. to this chapter pp. 269 to 270.
RAPE. See criminal justice. ,
RATES. See assessment.
REAL ESTATE. See lands.
See also,
RECEIVER GENERAL—
to give bond, and hold office during pleasure,
clerk of, his duty — to give bond — his salary,
to be a member of provincial administration,
duties of,
to manage and superintend treasury notes, the funded debt
and savings' bank,
to furnish quarterly accounts of receipts and payments,
to pay warrants in gold and silver money if in treasury, or in
treasury notes issued since 1846,
to superintend savings' bank,
70
90
268
70
91
269
70
92
269
70
93
269
70
94
269
70
95
269
168
_
630
46
—
170
117
—
394
118
—
396
36
1
158
36
2
158
36
5
158
36
6
158
36
7
158
36
10
159
38
5
160
38
10
161
V86 INDEX.
RECEIVER GENERAL, (Continued.)
his accounts to be examined and checked by financial secre-
tary,
his accounts to be audited by committee of legislature,
his salary, see salaries.
REGISTRY OP BIRTHS, MARRIAGES AND DEATHS—
registry of births, marriages, and deaths, by whom and how
kept — returns to be forwarded to clerks of peace in dupli-
cate, and how disposed of — parents of unbaptized chil
dren to give notice to town clerk — register to be kept by
him,
forfeiture for neglect of duty
EEGISTRY OF SHIPS—
PAKT SECOND.
registrars of shipping how to be appointed,
surveyor of shipping how appointed,
registrars and surveyors may receive fees beside salary,
fees of surveyor regulated — to be paid by registered owner,
such parts of merchant shipping act of 1854 inconsistent with
this chapter, repealed,
if certificate of registry mislaid, lost, or destroyed, registrar,
on proof by aifidavit, may grant new certificate,
endorsement of change of master may be made by collector of
colonial duties under certain circumstances.
EEGISTRAR OF SHIPPING. , See reffisixy of ships. ^ _
REGISTRY OP DEEDS. Seed^, registry of. ^ ^_ ^
RELIGION. Bee churcK of England.
RELIGION, OFFENCES AGAINST—
any person disturbing any congregation assembled for public
worship, liable to a penalty,
fine for the desecration of the Lord's day,
penalty for disturbing peace and quiet of assembly for religi-
ous, social, or benevolent purposes, by riotous or disor-
derly conduct or language, &c., &c.
penalty for loosing or injuring horses, vehicle, or harness in
the vicinity of place where religious meetings, &c., are
being, or about to be held,
mode of arrest of persons offending against sections three and
four, and how to be disposed of.
RELIGIOUS CONGREGATIONS AND SOCIETIES—
may be formed by deed — mode of naming trustees and their
powers — other particulars provided for,
deed to be registered — property vested in trustees,
trustees may sue and be sued — action when not abated,
value of real and personal estate to be held by congregation,
meetings when to be held — regulations may be made— power
of majority thereat — proceedings to be recorded,
membership how regulated after registry of deed,
Cap, Sec. Pag8.
36
10
159
36
10
159
34
1
155
123
1
404
123
2
405
76 ■
1.
292
76
2
292
76
3
292
76
A
292
76
5
292
76
6
292
76
7
292
76
—
292
113
60
—
381
157
1
612
157
2
612
157
3
€12
157
4
612
157
5
612
51
1
195
51
2
196
51
3
196
51
4
196
51
5
196
51
6
197
AP.
Sec.
■lot
Page.
51
7
197
51
8
197
51
9
197
51
10
197
51
11
198
51
12
198
51
13
198
51
14
198
INDEX.
MLIGIOUS CONGREGATIONS AND SOCIETIES, (Continued)
real estate held by trustees not appointed under deed, to be by
them conveyed to new trustees, and how,
incorporated by special act or deed may avail themselves of
this chapter— provise,
trustees may sell or dispose of real estate as directed by vote
of majority of congregation — conveyance how to opei-ate,
congregation may sell building used for public worship under
certain restrictions,
when i)uilding vested in trustees not having legal power to
sell, what proceedings necessary,
land on which building situated not to be sold,
agreement for engagements of clergymen or ministers to be
made in writing by trustees,
agreement to be entered at length in con^r;..gation'8 books,
in case of deficiency of funds, trustees may sue for and recover
rateaMe share, and from whom, 51 15 198
rights of Church of England not to be affected by this chap-
4er — church discipline not to be interfered with beyond
provisions of deed. 51 16 198
RENT, DISTRESS FOR, AND REMEDY—
goods distrained to be appraised and sold within five days after
notice, if not replevied, 145 1 578
goods to be sold, and after paying rent and expenses, surplus
for owner's use, 145 2 578
grain in the straw, shqaves, or cocks, or in a hovel stack or
rick, how distrained, appraised, and sold, and proceeds
applied,
remedy in case of pound breach and rescue of goods '
distraiaed, 145 4 578
owner of goods distrained when no rent due, may bring
trespass or trespass on the case against party distraining, 145 5 578
^oods not liable to be removed afier execution until one year's
rent paid,
goods fraudulently removed to avoid distress, may unless
previously sold in good faith, be seized within twenty
days,
rent in arrear on a lease for life or lives, may be recovered
by action as if reserved on a lease for years,
rent may be distrained for within six months after determina-
tion of lease in certain cases, 145 9 579
executors may distrain for rent due deceased in certain
cases,
cattle, corn, fruits, &c., may be taken for distress forrentand
may be secured on premises,
distress if no barn on premises, may be secured in any place as
near as may be to premises, 145 12 580
notice of place of deposit to be given in one week after to
tenant.
EEPRESENTATION— how construed in acts.
56
145 3 578
145 6 578
M-S 7 579
145 8 579
145 10 579
145 11 579
145 13 580
1 7 3
788
INDEX.
REVENI]E,iBOARD OF—
who shall compose it,
powers and duties of,
the board may allow goods sold to pay salvage, to be exempted
from duty.
EEVENUE, CASUAL AND TERRITORIAL—
proceeds of to be paid into provincial treasury
of what it consists,
mines and minerals transferred to province as
management of revenues, &c.
collection of provided for,
proceeds of crown lands, how and where payable,
duration of cap. 11.
REVENUE, CUSTOMS AND EXCISE—
see customs,
see duties.
EEVENUE OFFICERS, ASSAULTING OF.
of justice, offences against.
RIOTS. See public peace, offences against.
RIVERS, CONVEYING OF TIMBER AND LUMBER ON,
AND REMOVAL OF OBSTRUCTIONS THEREFROM—
commissioners may be appointed by governor in council for
clearing and removing obstructions from rivers, on appli-
cation of twenty resident freeholders approved by grand
jury and sessions,
commissioners' powers defined — regulations may be made as
respects slabs and refuse from saw-mills, and penalties
imposed,
commissioners may borrow sum under £1,000 for. purposes of
appointment,
tolls may be collected under sessions' regulations, upon logs,
timber, &o., brought down rivers within commissioners'
jurisdiction, and applied to pay sum borrowed ; " no toll
shall be collected after amount of loan is liquidated,"
commissioners shall account annually to session,
no claim shall be made on revenue in respect of borrowed
monies, or navigation or fisheries affected, or private
rights injured,
sessions shall make regulations respecting rafting of logs, &c.,
and removing obstructions, and as to placing &c. of booms
and rate of boomage, and mode of collection, and may
impose penalties — removal of mill-dams not authorised by
this chapter,
logs, timber, &c., may be brought down rivers under regu-
lations, provided same be strictly adhered to,
" river " shall include streams running into it.
ROADS, PRESERVATION OF—
persons altering or encroaching on highways or roads to for-
feit £5,
AP,
Sec.
Paob.
13
1
41
13
2
41
16 31
103
103
103
103
103
103
103
103
103
67
56
lury.
11
1
31
11
2
31
as.
11
3
31
11
4
32
11
5
32
lyable,
11
6
33
11
7
33
15
,,
44
12
—
33
See administration
161
—
616
160
615
1 373
2 374
3 374
4 - 374
5 374
6 374
7 ■ 375
8 375
9 875
1 245
67 "
2
245
67
3
245
67
4
245
67
5
245
67
8
246
67
9
246
67
10
246
67
11
246
67' ■
12
246
67
13
246
INDEX. 789
Cap. Sec. Pase.
ROADS, PRESERVATION OF, {Continued.) x
fine for incumbering road maybe imposed by justice on his |
view, or on op.th of a witness,
eeissions to make regulations, except in Halifax, for the preser-
vation of side paths — penalties for breach thereof,
fine for destroying trees growing between waters and high-
ways,
provisions for protection of road round Bedford Basin,
all incumberances on Bedford Basin road forfeited and may
be sold, 67 6 245
penalty for disorderly riding or driving, to be recovered as in
section 16th, 67 7 246
horses not to be trotted or galloped over bridge more than
25 feet long,
carriages on runners must be furnished with bells,
carriages on runners for drawing loads not to be less than four
feet wide outside,
loads of hay or straw not to be wider than fourteen feet,
unloaded sleds not to have pointed stakes or projecting pieces
persons in driving to leave centre of road on the right hand,
persons in passing in same direction, to leave space on left
hand, 67 14 246
carriages standing not to be nearer the centre of road than
eighteen inches, 67 15 246
violations of above how punished — action to be commenced in
48 hours, 67 16 246
forefeitures, not specifically appropriated, to bo applied under
direction of sessions, to repair roads and bridges, 67 17 246
EOADS, CLOSING—
sessions, on application of proprietors of land adjoining
old road, may close up same — what proceedings
necessary,
persons not interested may be heard, and may appeal from
order of sessions, 69 2 250
who shall be considered proprietors of adjoining lands,
where owner dead and property not divided ^mong
heirs. 69 3 250
ROADS, EXPENDITURE ON—
commissioners how appointed — list to be furnished by provin-
cial secretary,
commissioners to give bonds where sum exceeds £20, 66 2 241
sums under £20 not to be drawn until expended, over £20
two-thirds to be retained until work performed, 66 3 241
monies to be expended by tender and contract, except when
day's work more advantageous — account of day's work to
be verified by oath,
mode in which contracts are to be advertised and entered
into-form, * 66 5 242
memorandum when sum to be expended is under £20 —
form,
69 1 250
1 241
66 4 241
66 6 242
790
INDEX.
Cjiv. See VAes,
66
7
243
66
8
243
C6
9
243
66
10
244
66
11
244
EOADS, EXEENDITURE ON, {Continued.)
return of expenditure to be made under oath, to provincial
secretary's office,
money not to be drawn if justices do not certify — proceedings
of sessions thereupon,
how materials are to be procured when owner of soil absent
or obstinate,
number of labourers under one commissioner limited — to be
paid in cash,
foreman to be employed with every ten men by commissioner,
per centage and pay of commissioners, foremen, labourers,
teams, &c. 66 12 244
labourers on breakwaters and other public works, to receive
5s. per day, 66 13 224
proceedings in case of encroachments and incumberances. 66 14 224
ROADS GREAT, LAYIJ^'G OUT OF CERTAIN—
roads to which provision of chapter shall extend, 61 1 220
commissioners authorized to make agreement with owners of
lands — ^requisites of agreement how confirmed,
mode of proceeding when agreement cannot be made,
after agreement to appraisement, commissioner may proceed,
no payment to be made for fences until erection in proper
manner certified by affidavit — to be claimed within a year,
compensation confined to roads specified in chapter,
width of road defined,
what shall be held surrender of site of road to public,
governor in council to take charge of certain great roads,
may divide same into sections and appoint supervisors,
duties and authority of supervisor defined,
they shall expend monies subject to apportionment by legisla-
ture, 61 12 222
in expenditure and accounting, to be guided by laws of pro-
vince, and to have authority of commissioners of high-
ways,
shall furnish annual report on subject of roads,
shall be guided by orders issued by governor in council,
rate of remuneration fixed,
road work to be by tender and contract, except when day's
work more advantageous. 61 17 223
ROADS, OTHER THAN CERTAIN GREAT ROADS, LAYING
OUT OE—
provisions to apply to roads other than those in last chapter,
mode of procedure in laying out new, or altering old roads,
the proceedings may be confirmed or disallowed by sessions,
where sessions meet but once a year, special sessions to act,
proceedings to be had on appeal from decision of sessions —
jury how summoned — bond to be given — its conditions,
penalty on juror not attending when summoned,
freeholders in making appraisement, may yalue and apportion
old road among proprietors, 62 7 224
61
2
221
61
3
221
61
4
221
61
&
222
61
6
222
61
7
222
61
8
222
61
9
t^ifjpf
61
10
222
61
11
222
61
13
22S
61
14
223
61
15
223
61
16
223
62
1
223
62
2
223
62
3
224
62
4
224
62
5
224
62
6
224-
INDEX.
791
ROADS, OTHER THAN CERTAIN GREAT ROADS, &e.,
{Continued.)
when proceedings finally confirmed, old road to be property
in fee of person to whom allotted — may be shut by order
of sessions,
damages to be appraised, and expenses to form county charge,
width of road to be sixty-six feet,
new road may be laid out of less width, if confirmed by
sessions,
compensation for fencing, when to be received by proprietors,
when roads have been altered without demand by proprietor
for compensation, it shall be held surrender of site to
public,
private roads, open or pent, how to be laid out,
gates and bars may be placed on private roads, by direction
of -sessions,
affidavit required before compensation made for fencing,
public landing established in same manner as roads made or
altered,
may include land necessary for purpose not exceeding one acre,
subscriptions in aid of public undertakings, held legally bind-
ing, and may be enforced notwithstanding want of con-
sideration,
mode in which such subscriptions may be recovered,
when recovered to be applied only to purposes subscribed for —
not to have retrospective operation,
ROADS OVER THE ICE.
ROBBERY, PUNISHMENT OF. See fraudulent appropriations.
RULES AND REGULATIONS. See bye-laws.
SABBATH—
acts to be done on days falling upon, when to be performed,,
coroners may hold inquisitions on,
desecration of, how punished,
justices may issue warrants on,
retailing intoxicating liquors on,
transmission of mails on,
SABLE ISLAND—
persons and property found on, how to be disposed of,
property cast on shores of, how disposed of,
board of works may make rules for regulation and manage-
ment, &c., of,
every member of the board, their superintendant and resident
keeper, to have on island, and in relation to wrecked
goods there and elsewhere, the powers of a justice of the
peace,
vSssel and goods wrecked on, by whom taken possession
of — how disposed of, and for whose benefit,
salvage, &c., on such vessels and goods, for benefit of island
unless otherwise ordered by board,
wrecked goods liable to duty
within the county of Halifax.
Cap. Sec. Page.
62
8
225
G2
»
225
62
10
225
62
11
225
62
12
225
62
13
225
62
14
225
62
15
225
62
16
226
62
17
226
62
18
226
62
19
226
62
20
226
62
21
227
11
1
379
164
—
621
1
7
4
41
3
165
157
2
612
169
4
652
22
14
73
23
4
81
26
1
97
26
2
97
26
97
26
3
97
26
4
97
26
4
97
26
4
97
26
5
. 98
792
INDEX.
SALARIES—
to certain public officers, mode of payment and amount,
of chief-justice and assistant justices, to be without fees,
of receiver-general, provincial secretary and financial secreta-
ry, to be clear of expenses of departments,
of chief-justice, assistant justices, provincial secretary, and
attorney and solicitor-general, to continue eighteen
months after demise of her majesty,
of certain persons, a charge on revenues of province,
retiring pensions to whom granted,
pensions to cease on acceptance of office of equal or greater
value,
pensions to Alex. Stewart and N. White, when to cease,
pension to Miss Cox, when to cease,
judges entitled to travelling expenses on circuit,
conveyances for judges to Cape Breton, how provided,
act 46 George III. cap. 13, repealed.
SALMON FISHERIES. See fisheries, river.
SALT. See inspection of provisions.
SALVAGE. See goods, importation of.
See wrecks.
SANITORY REGULATION. See board of health.
SAVINGS' BANK—
management of,
depositors in to be paid interest — deposit limited,
accounts of how kept — demands on provided for.
SCHOOLS. ^66 public instruction.
SCRUTINIES—
when persisted in, sheriff's duty,
sheriff and his assistant to take oath,
clerks to take oath,
sheriff and assistant to appoint time to proceed with,
to be continued from day to day,
evidence at, how received or rejected,
duty of clerk at,
votes unless marked objected, shall not be scrutinized,
votes may be scrutinized on any ground, if marked objected,
no person to be a witness at, touching his own vote,
witness at, to be sworn by sheriff,
protests may be filed at on behalf of candidate,
in certain cases deputy sheriff may hold,
sheriff's assistant not attending, another to be appointed,
.clerk not attending, another to be appointed,
return to assembly of proceedings at,
sheriff's fees on,
clerk's fees by whom paid,
candidate entitled to copies of minutes of,
abandoned, manner of recovering expenses,
misconduct of sheriff at — penalty for.
Cap. Sec
34
34
34
Page.
155
156
156
34
3
156
34
3
156
34
4
156
23
5
156
34
6
156
34
7
156
34
8
156
34
9
156
34
10
157
95
—
358
85
—
324
16
31
56
77
3
293
54
—
200
38
10
161
38
11
161
38
12
161
60
—
209
8
1
24
8
2
24
8
3
24
8
4
24
8
5
24
8
6
24
8
7
24
8
8
24
8
9
24
8
10
24
8
11
24
8
12
24
8
13
25
8
14
25
8
15
25
8
16
25
8
17
25
8
18
25
8
19
25
8
20
25
8
21
25
INDEX
793
SEA MxlNURE. See manure, sea, gathering of.
SEAMAN. See shipping and seamen.
SEATS IN ASSEMBLY, VACATING—
any member may vacate, on written notice to speaker,
offices, accepting of which vacates,
speaker to require writ to issue to supply vacant seat,
speaker may vacate as speaker and member.
SENTENCE OF DEATH— when commuted. See critninal justice.
SERVANTS. See intoxicating liquors.
See masters, apprentices, and servants.
SESSIONS, TIMES AND PLACE OF HOLDING—
when to be held for county of Halifax,
when to be held in the other counties,
duration of sittings and adjournment,
indictments may be found and tried at Halifax sessions, and
persons convicted, imprisoned in penitentiary,
clerk of peace may prepare case on question of law for argu-
ment at supreme court,
presiding judge may order case to be amended — -may hear the
same, or grant a rule nisi returnable at Halifax — -judg-
ment of court to be embodied in rule and returned to
sessions,
sessions shall make regulations respecting infected cattle,
dogs, vicious animals, geese, &c., and impose penalty for
breach,
party convicted and not having goods to satisfy penalty,
may be imprisoned.
SEWERS, COMMISSIONERS OF; DIKED AND MARSH
LANDS, REGULATING OF—
commissioners already appointed to contiune in office,
commissioners, how appointed and sworn in — clerk appointed,
commissioners to be selected by two thirds in interest of pro-
prietors, and may be dismissed in same manner,
powers of such commissioners defined — new works how to be
begun,
overseers may be appointed and sworn in by commissioners,
notice of place of labour to be given to proprietors for three
days, except in case of sudden emergency, where immedi-
ate attendance required,
commissioners may assess for certain specified purposes,
when rate exceeds 7s. 6d. per acre, assessors how to be
appointed and sworn — their duties and remuneration,
how commissioners of Wickwire dike may assess,
meadow and swamp land, how assessed for original
draining, &c.
if assessment unanimously agreed to, it shall be valid as other
rates,
Cap.
Sec.
Page.
108
— •
378
76
—
283
10
1
30
10
2
30
10
3
30
10
4
31
168
—
630
22
18
74
125
—
406
44
1
168
44
2
168
44
3
168
44
4
169
44
5
169
44
6
169
L07
1
378
-07
2
378
73
1
272
73
2
272
73
272
73
4
273
73
5
273
73
6
273
73
7
273
73
8
273
73
9
274
73
10
274
73
11
274
794
I1{DEX.
Cap. Sec. Pagb
73
16
275
73
17
275
73
18
275
73
19
275
73
20
275
73
21
275
73
22
276
73
23
276
73
24
276
73
25
276
SEWERS, COMMISSIONERS OF, &o. (Continued.)
fines, rates, and assessments, recoverable by commissioners—
what sufficient proof of assessment — no set off allowed, 73 12 274
in default of goods commissioners may lease lands to pay
rate, &c. 73 13 274
if rents not sufficient, lands may be sold, and in what manner
— school or glebe lands not to be sold under this
chapter, 73 14 274
when owner &c. has not agreed to work ; land &c. only to
be liable, 73 15 275
deficiency in amount of rate may be levied, &c., as original
rate,
commissioners when liable to action for work, &c.,
owliers &o. of lands to furnish labor when required,
mode in which damage for sods or soil is to be assessed,
record to be kept by clerk of commissioners, open to inspec-
tion— extracts to be furnished on payment of 6d. per
folio,
salt marshes if benfitted by break-water to contribute,
assessment to be only on portion of land benefitted,
competency of clerks, &c. as witnesses, except where inter-
ested,
commissioner not to act as clerk or collector,
mode of obtaining plans, when necessary to be provided,
when diked lands are protected by outer dikes, commissioners
shall call a meeting of proprietors- — two-thirds in interest
shall elect freeholders to proportion expense of repairs,
&c., and report proceedings, 73 26 276
on outer dikes ceasing to protect inner dikes, contributions to
cease, 73 27 276
proprietors of inner dikes, if apprehensive of safety of outer
dikes, may take proceedings to compel their repair —
expense how apportioned, 73 28 277
mode in which dikes injured by pasturage or roads are to be
repaired, 73 29 277
mode in which applications for drainage are to be made,' and
duty of commissioners thereunder — ^land benefitted may
be assessed, 73 30 277
roads and bridges through marsh lands, how made and re-
paired— owners to be assessed for expense according to
benefit derived, 73 31 278
on application for flowing diked lands, what proceedings
necessary, 73 32 278
proprietors of lands diked out and flowed, to repair dike cut
for purpose, 73 33 278
if proprietor is dissatisfied with rate assessors may be chosen,
whose decision or that of any three, shall be final, 73 34 278
what proceedings necessary, if provisions of last section not
carried out, 73 35 279
INDEX.
795
SEWERS, COMMISSIONERS OF, (Continued.)
•where lands of non-applieants are injured by drainage, the
damage shall be valued, assessed, &c. as expenses of drain-
age are,
cases of two proprietors not interested to extent of two-thirds,
how provided for,
proceedings may be removed to supreme court by certiorari^
clerks and other officers fineable for neglect of duty,
notices under this chapter may be verbal, unless otherwise
directed,
two-thirds in interest of proprietors may choose collector,
overseers, and assessors, settle wages, <feo.
commissioner not liable for predecessor's acts, except for
money collected by him on account of predecessor's
work,
SHERIFFS—
duty of, on receiving writ for election,
his duty on opening his court at elections,
his duty at his court at elections,
to erect booths at elections,
to appoint presiding officers and poll clerks at elections,
may act as presiding officer at elections,
conservator of the peace at elections,
duty on re-assembling his court at elections,
liable to a penalty for misconduct at elections,
duty of, when scrutiny demanded at elections,
duty of, when poll books not returned,
his fees and charges at elections,
his duty when scrutiny at elections persisted in,
and assistants at scrutiny to take oath,
to swear witnesses at a scrutiny,
to return proceedings under a scrutiny to house of assembly,
his fees on a scrutiny,
liable to a penalty for misconduct at scrutiny.
mode of selecting and pricking sheriffs,
commission of may issue in certain cases before bonds given,
fine for refusing to accept office,,-
■ re-eligible unless objected to by sessions,
dying, deputy shall act till another appointed — if there be no
deputy, governor in council to appoint,
bonds of, how given and registered — bonds lost, certified copies
evidence,
bonds of, how to be approved — whenbondof disallowed and
not giving satisfactory bond after resonable notice, may
be removed by governor in council — sheriff for prece-
ding year to continue to act,
old securities liable until new approved — securities of, may be
relieved by governor, and in one month new securities to
be given or sheriff removed,
oath of,
57
Cap. Sec.
73 36
Page.
279
73
37
279
73
38
279
73
39
279
73
40
279
73
41
279
73
42
280
7
4
13
7
6
18
7
7
14
7
12
15
7
13
16
7
14
16
7
32
19
7
35
20
7
36
20
7
37
21
7
38
21
7
43
22
8
1
24
8
2
24
8
11
24
8
16
25
8
17
25
8
21
25
40
1
162
40
2
163
40
3
163
40'
4
163
49
5
163
40
6
163
40
40
40
163
8 163
9 163
796 INDEX,
Ca7. Sis. Ease-
40
10
164
40
11
164^
40
12
164
49
13
164
49
14
164
?'j
_
32T
SHERIFFS, (Continued.)
neglecting to return tO' provincial secretary account on oath of
forfeitures and crown debts, fine for,
suits on bond of how brought — costs, &c.,
in suits against for escapes, how damages regulated,
to return and endorse all writs with items of fee*,
limitation of action against.
SHINGLES. See inspection of provisions,
SHIPPING AND SEAMEN—
examinations of masters and mates of foreign going ships, 76 1 SSS
local boards of examiners how appointed— rules prescribed for
their guidance — penalty for breach of same, 76 2 2-*3.
central board of examiners how appointed — ^their power, 76> 3 283-
local boards to examine applicants and grant testimonials
to entitle them to certificates of competency — privileges of
holders, 7& 4 283
after 7th May, 1859, ship not to go to sea unless masters
and mates possess certificates of competency — ships
exempted from operation of this section, 76 5 284
certificates to be in duplicate and recorded — penalty for frau-
dulently procuring, altering, or using, 76 6 284
fees payable by masters and mates, one half in. advance — for-
feited if applicant fail to pass on examination, 76 7 284
certificates may be suspended or cancelled on investigation
before justices — witnessea compellable to attend before
justices,
shipping articles when necessary, and their requirements,
forfeiture for shipping seamen, &c,, contrary to sec.. 9,
seamen's lien for wages not affected by clause in agreensent —
need not produce agreement to sustain action for wages, 76 11 285f
seamen having signed agreement and refusing to proceed to
sea, may be arrested and imprisoned or sent on board
75
»
284
76
9
284
75
10
28&
75
12
28&
75
12
285-
75
13
285
expense of proceeding to be deducted from wages to grow due,
sureties to pay advance on refusal of seamen to go to sea,
surety to subscribe agreement and be liable thereon — amount
how recoverable — what proof sufficient, 75 14 285
seaman absenting from ship without leave, to forfeit two
days' pay for each twenty-four hours absence — neglect of
duty liable to similar forfeiture — facta to be entered on
log, 76 15 285
mode of computing forfeitures in certain casea, 76 15 285
forfeiture for desertion, if facts entered in log and certified —
what absence constitutes desertion, 75 17 285
harboring or secreting seamen knowingly, punishable by fine —
debt due by seaman over five shillings when recoverable —
penalty for detaining effects, 75 18 287
seamen's wages, when and how payable — penalty for with-
holding portion of wages on discharge — how forfeiture
recoverable, 76 19 287
\ .
76
20
287
76
20
287
76
21
287
76
22
287
76
23
288
76
25
288
76
26
288
76
27
288
76
28
28'J
76
29
289
76
30
289
INDEX. V97
„„,. Cap, Sec. Page
SHIPPING AND SEAMEN, (Continued.)
payment|of wages to seaman valid notwithstanding assignment,
attachment, or incumberance,
assignment or sale of wages prior to being earned or irrevoca-
ble power of attorney to receive wages, invalid,
seamen on discharge, entitled to ■certificate — penalty for re-
fusing,
-payment of wages how enforced by seamen about to proceed to
sea,
mode of recovering wages, amount being under £20,
jury may be allowed in trials under this cap. according to
provisions of cap. 131, 76 24 288
if suit for wages be brought in admiralty or other court, no
costs allowed, if judge of opinion that party had as effec-
tual a remedy by complaint before justice,
■a. proper medicine chest to be kept on board by master,
•crews not to be discharged abroad without certificate of proper
authorities,
«rews not to be left abroad except for a cause duly certified,
ihe burden of proof as to certificate to be on master,
•entering the naval service not to be a desertion,
fieaman entering naval service, entitled to his effects and wages
earned — penalty for refusal, 76 31 289
penalties under this chapter ma,y be reduced — actions for, when
to be commenced, 76 32 289
coasting vessels not affected by provisions of this chapter, 76 33 289
schedule containing form of shipping articles, pp. 290-291.
SLAUGHTER HOUSES. See bmrds of health. 54 — 200
SMUGGLING, PREVENTION OF—
officers of revenue may board any vessel in any part of pro-
vince or within one league — remain on board, &c.,
master liable to penalty for not answering questions,
mode of proceeding to authorize revenue officer to enter build-
ings and search for smuggled goods,
writ of assistance by whom granted,
ooUectors may enter in day time any shops, and take account
of stock of person dealing in dutiable articles,
penalty for refusing to open door, or obstructing officer,
penalty for obstructing revenue officer,
•disposal of goods seized, and proceedings against,
appeal allowed,'
condemned articles how disposed of,
amplication of proceeds,
claimant not entitled to costs if judge certify probable cause
for seizure,
officer may tender amends one month after notice,
jpenalties on masters of vessels, owners, and others, fo^ non-
payment of duties, &C., &o.
operation of regulations may be suspended by governor in
council, 19 13 68
19
1
65
19
1
65
19
2
66
19
3
66
19
4
66
19
4
66
19
5
66
19
6
68
19
7
67
19
8
07
19
9
67
19
10
67
19
11
08
19 12 68
798 INDEX,
Cap. Sbo. Pagr.
SOLDIERS AND SEAMEN. See post office. 23 37 87
SPECIAL SESSIONS—
custos may, and on requisition of three justices, shall call spe-
cial sessions — advertisements of business to be transacted
at — when to be posted — no other business to be transacted
at but that advertised — in absence or illness of custos
three justices may call, 45 1 169
number of justices necessary to compose — ^records to be made
and filed in office of clerk of peace.
SPEAKER. See seats in assemble/, vacating of.
STATISTICS. See census.
STATUTES-
STATUTE LABOR. See surveyors of hiffhways, 4-c.
STAVES. See inspection of provisions, <SfC.
STEAM VESSELS. See goods, importation of.
STOLEN GOODS. See criminal justice.
STRAY CATTLE AND HORSES. See cattle and horses strayed.
STREETS, COMMISSIONERS OF—
limit vfithin which jurisdiction shall be confined, defined, 64 1 232-5
subsequent provisions of chapter to extend to city of Hali-
fax, unless excepted, 64 2 235
clerk and receiver to be appointed — districts subdivided and
45
2
170
10
—
30
33
—
149
1
1
2
63
—
227
85
—
327
16
8
51
168
—
630
106
—
377
64
3
235
64
4
235
64
5
235
64
6
235
duties of commissioners defined,
**'all keep and return annually to sessions, accounts of receipts
and expenditures, except in city of Halifax, under penalty,
further duties of commissioners pointed out,
persons to keep gutters and streets in front of premises clean —
penalty for neglect — commissioner may order removal of, 64 7 236
materials for building, &o. may be placed in streets by leave
of,
wells may be dug and pumps provided when necessary,
nuisances and encroachments may be removed or altered,
line of street how protected in case of new buildings,
in case of dispute, line to be settled by jury — mode of pro-
ceedings— return how to be confirmed — expense how to
be defrayed,
soil of street not to be broken up without written permission,
fine for riding or driving on side path,
three-fifths of duties on licensed houses and shops to be paid
by county treasurer to commissioners for street purposes, 64 15 238
Annapolis river bridge at Bridgetown, to be under care of
Bridgetown commissioners, 64 16 238
sessions to set oif district — mode of appointment of commis-
sioners— vacancy how supplied in case of death or re-
fusal— penalty for refusal, 64 17 238
sessions may include bridges over rivers dividing districts, 64 18 238
provisions of chapter to apply to commissioners appointed
under 17th section, ' 64 19 238
64
8
236
64
9
236
64
10
236
64
11
237
64
12
237
64
13
237
64
14
237
INDEX.
799
STREETS, COMMISSIONERS OP, {Continued.)
sectiona 15 and 17 not to apply to city of Halifax,
vacancies of commissioners under 1st section to be supplied
under 17th,
commissioners to have powers of surveyors of highways,
mode in which monies and fines are to be recovered and
applied,
limitation of action against commissioners — notice must be
given,
definition of terms used in chapter,
SuGAR, TARE OP. See inspection of provisions.
SUMMARY SUITS—
suits under five pounds not to be commenced in supreme court, 141
debts under twenty pounds to be recovered in a summary way
— judge may order trial by jury,
no bail to be filed,
no declaration or plea necessary — no costs therefor,
bail to the sheriff to stand in lieu of special bail,
appsllant to enter appeal cause or judgment confirmed,
appeal causes to be tried anew,
application to court for a jury made on affidavit,
judgment on appeal how given — what costs allowed,
respondent may have execution, or proceed on appeal bond,
summary causes in the country to be tried on first day of
term,
summary causes in Halifax to be tried on first day of sittings
and given to prothonotary the preceding Thursday,
notice of trial to be given in continued causes,
SUPERVISORS OF PUBLIC GROUNDS—
mode of appointment — made a body corporate,
title of all public grounds in township vested in them,
may lease lands for limited period and render annual accounts
of receipts and expenditures — balance how applied,
certain lands and property exempted from operation of chapter,
proceedings in case of encroachments or incumberances on
roads, and where line of road is in dispute,
disobedience of order punishable by fine — non-removal a new
offence,
expense of above proceedings how apportioned and recoverable,
what shall be sufficient proof of order to establish plaintiff's
claim,
record of proceedings and lines of road to be signed by super-
visors and filed with clerk of peace,
appeal may be had to supreme court — pending of appeal to
stay proceedings,
appellant to pay costs, if order confirmed,
order reversed, supervisors to pay costs, which are to form
county charge,
AP.
Seo.
Page
64
20
238
64
21
238
64
22
238
23
238
64
24
239
64
25
239
85 78
144
324
577
144
2
577
144
3
577
144
4
577
144
5
577
144
6
577
144
7
577
144
8
577
144
9
577
144
10
577
11 577
144
12
577
144
13
578
68
1
246
68
2
247
68
3
247
68
4
247
247
68
6
248
68
7
248
68
8
248
68
9
248
68
10
248
68
11
248
68
12
248
800
INDEX.
Cap. Sko. Paob
SUPERVISORS OF PUBLIC GROUNDS, {Continued.)
supervisors may make order to widen road laid off too narrow, 68 13 249
application for widening road to be submitted to sessions with
agreement with proprietors, if any — sessions, if they see
fit, may make order to widen, 68 14 249
when no agreement made three freeholders to be appointed —
their proceedings to be in accordance with chapter 61, 68 15 249
roads opened under three last sections not to be wider than
sixty-six feet, 68 16 249
what roads are to be affected by this chapter. 68 17 249
SUPREME COURT AND ITS OFFICERS—
powers of supreme court, 126 1 409
commencement and duration of terms in Halifax, and extension
thereof — commencement and duration of sittings in Hali-
fax, and extension thereof, 126 2 409
grand jury to attend at sittings and not at terms, 126 3 409
two sittings of supreme court in all other counties, viz.,
Lunenburg, Queen's, Shelburne, Yarmouth, Hants,
King's, Annapolis, Digby, Cumberland, Pictou, Cape
Breton, Victoria, Inverness, Richmond, Guysborough,
Sydney,
duration of terms or sittings,
adjourned sittings at Annapolis,
extension of sittings at Digby,
additional panels of jurors may be directed by judge,
judge not arriving on day appointed for sittings, sheriff to give
notice for following day, 126 9 411
on last day of sittings judge to exercise same powers as in
term — motions in business at sittings to have precedence, 126 10 412
original papers not to be taken out of custody of prothonotary
without judge's order, and to be filed, 126 11 412
original papers not to be sent to Halifax without order of
judge — prothonotaries may provide copies for suitors, to
be used as originals, if required, 126 12 412
prothonotary to furnish statement of fines on first day of term,
and of convictions, to board of statistics, 126 13 412
clerk of crown to send calendar of criminals and depositions to
grand jury — indictments not to be made out except in
Halifax, until grand jury direct, 126 14 412
prothonotary not bound to issue execution until fees on judg-
ment paid to him, 126 15 412
commissioners for taking bail and aflidavits to hold to bail, to
be appointed by governor in council, 126 16 412
powers of commissioners. 126 17 412
SUPREME COURT, PLEADINGS AND PRACTICE IN—
PART FIRST.
personal actions how commenced — forms to be observed as to
writs, 134 1 487
forms of action not necessary to be mentioned m writ, &c. 134 2 487
126
4
410
126
5
411
126
6
411
126
7
411
126
8
411
134
9
488-
134
10
489
134
11
489
134
12
489
134
13
489
INDSX. 801
Qjnp Sec Fagk
SUPREME COURT, &c., (^Continued.)
teste of writs abolished^ and writ to bear date when issued, 134 3 487
writ to contain declaration, 134 4 487
order to hoM to bail to be grounded on affidavit — requisites of
afBdavit-^capias to issue within limited time — forms of
bail bond to be modified if defendant has appeared, 135 5 487
defendan t may be arrested within one month from date of capias
— bail how given or deposit made — writ when returnable, 134 6 485
defendant if improperly described in affidavit or process, not
to be discharged if due diligence used to obtain proper
name, 134 7 48&
where defendant is- in custody and plaintiff does not proceed
to trial at first sittings, defendant discharged on certain
conditions, 134 8 48»
s-pecial return days for writ of summons, &b., abolished, and
writs to be returnable in limited time^ after service
thereof,
forms of writ of summons how altered,
writs how to be directed — concurrent writs may be issued,
sheriif to endorse on writ day of service, otherwise no fees,
no civil writ or process to be served or executed on Sunday,
service to be personal where practicable, unless on affidavit of
evasion by defenda,nt, when court or judge may direct
mode, &c,, ■ 134 14 489
writs against corporations may be served on president, secre-
tary, &c.,
plaintiff shall endorse on writ particulars of his claim,
for want of particulars, plaintiif not entitled to final judg-
ment on default,
credits must be given b,y plaintiff, where any exist,
notice of trial may be endorsed on summons,
set-off must be jjleaded, and particulars delivered vrith plea,
with credits, if any ; otherwise plea a nullity, 134 20 489
particulars not to be adapted by either party, esoept as a
whole, 134 21 489
summons for particulars how obtained — for further particulars
must be on affidavit, 134 22 490
defendant to plead after particulars delivered under order at
same time as at return of summons, when judgment
signed, 134 23 490
judgment by default may be marked for amount of parti-
culars, &c., on non-appearance, 134 24 490
appearance when to be made — if after appointed time no fur-
ther time for pleading, &c. to be allowed him, 134 25 490
defendant may be admitted to defend within a year after final
judgment on cause shown by affidavit, 134 26 490'
on judgment by default where particulars not given, no costs
to be allowed on assessing damages except in certain
cases, 134 27 490
damages how assessed on default and judgment entered, 134 28 490
134
15
489
134
16
489
134
17
489
134
18
489
134
19
489
802 INDEX.
Cap. Sec. Page.
J 34
30
491
134
31
491
134
32
491
134
33
491
134
34
491
134
35
491
SUPREME COURT, &c„ (Continued.)
damages may be assessed before court, jury, or single judge, 134 29 . 491
defendant must appear and plead within four days after limited
time,
notice to appear and plead must be endorsed on writ,
when defendant appears in person, address must be given,
proceedings when one of several defendants appears,
warrants to prosecute and defend, need not be filed,
common bail abolished — appearance to be in certain form,
joinder of too many plaintiffs not fatal — those entitled may
recover, 134 36 491
defendant pleading set off against plaintiffs improperly joined,
may obtain benefit on proving indebtedness, 134 37 491
non-joinder of plaintiff may be amended "at any time before
trial, 134 38 492
mode in which such non-joinder may be amended, 134 39 492
where too many defendants are joined, plaintiff may recover
against those liable, and the others shall be entitled to
their costs, 134 40 492
on plea of non-joinder by defendant, plaintiff may amend his
writ — service of amended writ on added defendant, to be
commencement of suit against him,
provisions as regards cost of original and added defendants,
in actions by husband and wife, claims of husband alone may
be joined,
death of parties not to abate suit,
on death of one of several plaintiffs or defendants, action to
survive and be prosecuted against survivor, 134 45 493
on death of sole plaintiff, legal representative may proceed
within two years — suggestion to be proved at trial, 134 46 493
proceedings in case of death of sole or sole surviving defen-
dant, 134 47 493
death of either party between verdict and judgment, effect of, 134 48 494
death of plaintiff or defendant between interlocutory and final
judgment not to abate suit — action how to be proceeded
with, 134 49 .494
marriage of plaintiff or defendant not to abate suit — judgment
may be executed against wife alone, or by suggestion or
revivor against husband and wife, 134 50 494
after trial questions may be stated for trial without pleadings
by consent of parties and leave of court or judge, 134 51 495
judgment may be entered and recorded on finding of jury, 134 52 495
after trial, questions of law may be stated for opinion of
court without pleading, as in questions of fact, 134 53 495
clear statements of necessary facts in pleading sufficient with-
out technicalities or form, 134 54 495
immaterial statements in pleading shall be omitted, and if
made shall be struck out, 134 55 495'
no plea in summary suits, but brief statement of defence to be
stated in appearance, 134 56 495
134
41
492
134
42
492
134
43
492
134
44
493
INDEX 803
^ Cap. Sec. Page.
SUPREME COURT, &c. (Continued.)
venue not to be changed ■without special order, except by
consent, 134 57 496
no venue need be stated in body of writ or other pleading, 134 58 496
demurrer to pleadings to be for asubstantial defect and not for-
mal merely, ' 134 59 496
pleadings not to be insufficient except in certain specified
cases, 134 60 496
duplicity, argumentativeness, &c., not to be grounds of
objection to a pleading, except where calculated to mislead
opposite party, who, on application, may obtain summons
to amend, 134 61 496
on hearing such summons judge may order amendment, and if
not made, other party may demur — if summons dismissed,
costs to follow,
court may exercise functions of judge under sections 61 and 62,
demurrer on such ground must state it is pleaded by leave,
■what judgment on such demurrer to be given,
form of demurrer,
form of joinder in demurrer,
matters of law must be stated in demurrer,
demand for joinder substituted for rule for joinder,
frivolous, vexatious, or colorably amended pleadings, may be
set aside by court or judge,
general issue by statute abolished,
forms in schedule B. sufficient, but may be modified,
in action on bills of exchange, &c., plea must traverse some
matter of fact — certain pleas inadmisaable, 134 73 497
in actions on contracts all matters in confession and avoidance
must be specially pleaded,
in actions on policies, interest of assured how averred,
in actions on specialties " non est factum' ' to be a denial only
of fact of execution of deed — other defences to be spe-
cially pleaded,
plea of " nil debet" abolished,
all matter in confession and avoidance must be pleaded
.specially,
payment must be pleaded in bar in all cases,
what must be pleaded specially in actions for wrongs indepen-
dent of contract,
effect of plea of denial in actions for trespass to land, plain-
tiff's possession, &c., must be specially traversed, 134 81 498
plea denying defendants having committed wrong alleged for
taking goods, &c., not to operate as a denial of property
— if intended to be denied, must be traversed specially, 134 • 82 498
no further pleadings after plea, except demurrer or replication
to plea of set off, &c., except by leave, 134 83 498
express colour, profert, oyer, and special traverses abolished, 134 84 499
any written deed, &c., referred to in pleadings may be
demanded — on refusal application may be made to a
judge, 134 85 499
58
134
62
496
134
63
496
134
64
497
134
65
497
134
66
497
134
67
497
134
68
497
134
69
497
134
70
497
134
71
497
134
72
497
134
134
74
75
497
498
134
134
76
77
498
498
134
134
78
79
498
498
134
80
498
804 INDEX.
Cap. Sec Faoz,
SUPREME COURT, &c. (Continued.)
such demand, summons or order, no stay of proeeedinga, unless
specially ordered, 134 86 499
a party in his pleadings may set out documents or any part
thereof material, and to be taken as part of pleadings, 134 87 499
performance of conditions precedent, may be generally averred
and denial must specify the conditions precedent the per-
formance of which he intends to deny, 134 88 499
general issue abolished, and facts denied to be pleaded par-
ticularly and concisely, 134 89 499
rule to plead and demand of plea abolished, 134 90 499
form of notice on amended declaration plea, or subsequent
pleading — default marlied for irant of plea or non pros if
defendant — at expiration of time in notice judge may
grant further time to plead, and may order default or
non pros to be set aside upon reasonable and just terms
— court or judge may give rule or order to plead or reply
in less time than ten days, 134 91 499
several counts, pleas and replications allowed in causes, but
if unnecessary in opinion of judge no costs for same to be
allowed — ^the cost of all issues to be borne by party fail-
ing— thejury to find issues separately, 134 92 500
no continuances by way of imparlance, &c., shall be made on
any record, &o. — plea oi puis darrein continuance may be
pleaded, 134 93 50O
defence arising after action, how pleaded, 134 94 500
in trespass quare clausumf regit, property to Ije "described by
metes and bounds, or other certain designations, 134 95 500*
in trespass to person or property, defendant may demand
particulars, and plaintiff particulars of justification —
judge may order plans of place in question to be
exchanged, 134 96 50O
new assignment not to be pleaded without leave of
court, 134 97 50a
plea to new assignment how pleaded — ^restricted except in
denial — ^leave of court necessary — how obtained, 134 98 509
how words in slander and libel to be averred, 134 99 500
how words in slander to be proved — unnecessary to aver or
prove special damage where words defamatory or spoken
maliciously, 134 lOr 501
in all personal actions, except for malicious arrest or prosecu-
tion, criminal conversation or debauching daughter or
servant, money by way of amends may be paid into court
by defendant without rule or judges order — exception,
payment of money into court to be pleaded — form,
mode of paying money into court, and how paid out,
replication to such plea — course to be pursued thereunder,
rule for further time to plead, how obtained,
pleadings how filed and delivered,
pleadings to be signed by party or his attorney,
• plea not to be waiyed without leave of court or judge.
134
101
501
134
102
501
134
103
501
134
104
501
134
105
501
134
106
501
134
107
502
131
108
502
134
109
502
134
110
502
134
111
502
134
114
502
134
115
502
134
116
503
134
117
503
134
118
503
INDEX. 805
SUPREME COURT, &o. {Continued.) ^'"'' ^'"'' ^'"'''''^
set off,
formal parts of plea abolished, except in estoppels,
no formal defeace necessary,
not necessary to state in second or third plea, that it is
pleaded by leave of court <sr in accordance with the form of
statute, 134 112 502
a, single plea may be pleaded to several counts for same cause
of action — ^such pleas er replications may be set aside
and by what mode, 134 113 502
■character in which nominal plaintiff's sue, not in issue unless
specially denied,
oiscontinuance, mode and rfTect,
party may plead and demur at same time by leave of court,
•different causes of action may be joined,
notices received in evidence on affidavit,
VIEWS.
views abolished unless judge order otherwise, 134 119 503
EXECUTION.
forms of execution and return,
officer to obey endorsement on execution,
■executions when to be issued, >
member of parliament released by reason of his privilege,
current gold and silver •coin may be taken in execution,
provincial bank notes and evidence of debt issued by any cor-
poration and circulated as money, may be taken in
execution and paid to creditor at his option, or sold as
chattels,
property lexempted from execution,
€xecution to bind goods from delivery to sheriff, and time of
delivery to be endorsed on writ by sheriff,
judgments to bear interest,
attorney's written order justification to sheriff for discharge of
debtor, unless notice to contrary be given by principal —
discharge no satisfaction of debt unless given by authority
of creditor — attorney not justified in giving such order of
discharge without authority of creditor,
■satisfaction pieces how sigaed, &c., and form,
SCIRE FACIAS.
scire facias not necessary within six years,
judgment how revived,
AMENDMENT.
defects and errors in civil cases, how amended,
party dissatisfied with amendment may apply for new trial,
amendments how made at trial,
EJECTMENT.
actions of ejectment how commenced — damages may be givai
therein, &c., 134 136 505
134
120
503
134
121
503
134
122
503
134
123
503
134
124
503
134
125
503
134
126
503
134
127
504
134
128
504
134
129
504
134
130
504
134
131
504
134
132
504
134
133
505
134
131
505
134
135
505
806
INDEX.
Cap. Sec. Page.
134
137
506
134
138
506
134
139
505
134
140
506
134
141
505
134
142
506
134
143
506
134
144
506
134
148
507
134
147
507
134
149
507
134
150
507
134
151
507
134
152
507
SUPREME COURT, &c. (Continued.)
description of property and parties andnotioe — service of writ,
and in case of vacant possession,
forms in ejectment,
who may appear in ejectment,
plea to part, no defence to whole of premises,
defence may be for part of premises,
substance and form of plea,
want of certainty in writ or plea not to nullify, but ground^
for application for better particulars,
judgment for part undefended,
on plea for whole or part, cause at issue, and trial to proceed —
mode of— damages may be recovered — cases excepted, 134 145 505
actions by joint tenants, tenants in common or coparceners,
and pleadings by, 134 146 507
plaintiff entitled to judgment and costs although title eitpired
before trial,
effect of non-appearance of plaintiff or defendant at trial,
execution in ejectment,
action not to abate by death of plaintiff or defendant,
proceedings to continue notwithstanding death of one of
several claimants — ^leaving a surviving claimant — sug-
gestion thereon,
proceedings where right does not survive,
proceedings on death of one of two or more claimants after
verdict and before execution, 134 153 508
proceedings on death of sole claimant or one of several whose
right does not survive,
proceedings in case of joint defendants, one dying,
proceedings on death of sole defendant or all defendants,
proceedings on same after verdict,
proceedings on death of one of several defendants defending
for part of property, 134 158 509
proceedings in case of death before trial of one of several
defendants who defend separately, 134 159 509
claimant may discontinue as to one or more defendants —
mode of, 134 160 509
discontinuance by one of several claimants, 134 161 510
defendant or defendants may confess action for whole or part
of property claimed — mode of, 134 162 510
one of several defendants defending separately for a part not
claimed by other defendant, may confess action — proceed-
ings thereupon, 134 163 510
one of several defendants defending separately for a part
claimed also by other defendants, may confess proceed-
ings thereupon against himself, 134 164 510
effect of judgment in action under this chapter, same as judg-
ment in present action of ejectment,
in ejectment jury may find special verdict,
judgment on verdict for claimants, and execution,
134
154
508
134
155
508
134
156
508
134
157
509
134
165
510
134
166
510
134
167
510
INDEX. 807
SUPREME COURT, &c. (Continued) ^^^- ^^°- ^''™-
security for costs to be given in second action of ejectment by
unsuccessful party in first, I34 les 510
verdict for defendant, execution may issue for costs, 134 169 511
court invested yrith same jurisdiction as previously exercised
^y tl^em, 134 ijQ 511
REPLEVIN.
replevin may be brought for unlawful detention, 134 171 511
no writ of replevin to issue, except for property distrained for
rent, or damage feasant, unless on affidavit filed in form
in Appendix A. number 19, 134 172 511
in replevin security to be given to sheriff, , 134 I73 511
defendant may retain goods replevied on giving security to
sheriff— security to be assigned by sheriff, 134 174 511
damages may be awarded to either party, 134 175 511
BAIL.
bail to sheriff to be bail to action — right of bail to render
defendant — form of bail bond, 134 176 511
bail when given to sheriff and justified if required, party to
defend without giving special bail, 134 177 511
•when bail to justify — sheriff liable for taking insufficient bail
— may render defendant and pay costs, 134 178 512
sheriff to return writ and bail bond with an assignment
thereon to plaintiff by endorsing his name thereon 134 179 512
return non est inventus bail may render in discharge, 134 180 512
bail may justify before judge or commissioner by affi-
davit if residing above twenty miles from place where
action brought, 134 181 512
loss of bill of exchange or other negotiable instrument not to
be set up if ordered by court or judge — indemnity to be
given, 134 182 512
MISCELLANEOUS.
distinction of suing or defending as attorney abolished,
notice of trial — time of giving, &c.
docket of civil causes for trial, how made up,
jury causes, when to be set down,
docket of jury causes for trial, when to be called, and conse-
quence of plaintiff's or defendant's counsel not answering,
docket to be called but once,
docket when to be called on circuit — to be continued if plain-
tifTs counsel does not answer — and plaintiff to have judg-
ment if defendant's counsel does not answer, 134 189 518
continuance of cause for absence of material witness on
affidavit — ifhat it shall state,
motions arising during trial — only one counsel to be heard,
address to jury, how conducted,'
new trial, when rule refused by judge,
new trial not to be granted on account of improper reception
of evidence, if other evidence sufficient to sustain verdict, 134 194 514
134
183
512
134
184
512
134
185
513
134
186
513
134
187
513
134
188
513
134
190
514
134
191
514
134
192
514
134
193
514
134
200
515
134
201
515
134
202
515
134
203
515
808 INDEX.
Cap. Sec Page.
SUPREME COURT, &c. (Continued.)
judgments to carry costs, 134 195 514
new trial granted for misdirection or that verdict against evi-
dence — costs to abide event unless otherwise ordered, 134 196 514
less than forty shillings recovered in certain cases, not to carry
costs, unless certified, &c., 134 197 514
one of several defendants entitled to costs when plaintiff does
not proceed to final judgment against him, or on verdict
in his favor, unless judge certify there was cause for in-
cluding him in action, 134 198 515
plaintiff not entitled to costs where claim might have been set
off in prior suit, but shall pay to defendant his costs, 134 199 515
defendant in action against acceptor of bill of exchange or
maker of promissory note, on payment of debt and costs,
may stay proceedings,
no costs to be allowed for excess in length of pleadings,
rule for new trial without mention of costs — successful party
not to have costs of first trial,
application for security of costs must be before issue joined,
orders to stay proceedings until security for costs, may be
granted by prothonotary — party dissatisfied may apply to
court or judge — plea, &c., filed meanwhile, not to pre-
judiceparty applying, 134 204 515
if security not given within a year, plaintiff to be out of
court, 134 205 516
costs shall be allowed to successful party on rules, unless
court direct otherwise,
costs of commissions and depositions to be costs in the cause,
costs relating to examinations de bene esse to be costs in cause,
costs to be examined by prothonotary and taxed by judge,
taxed costs to be filed,
notice of taxation of costs must be given to opposite party,
and bill with papers filed with prothonotary, at Halifax,
execution may issue for interlocutory costs, when taxed,
interest may be allowed by jury or judge, on sum certain,
damages in the nature of interest may be allowed in conversion
and seizure of goods above value of goods, &c., and on
insurance policies, 134 214 516
where set-off exceeds plaintiff's claim, defendant shall have
judgment for excess, 134 215 517
judgment of non-suit may J)e ordered, notwithstanding pre-
vious trial, 134 216 517
any judge may sign docket of final judgment — no marginal
note required on record,
judgment to hase reference only to day it was signed,
additions aj^^Iace of residence of the deponent to be inserted
in affidavits,
mode of computation of time as respects days,
when judges order made rule of court, costs of so doing to be
paid by party against whom it is made, 134 221 517
134
206
516
134
207
516
134
208
516
134
209
516
134
210
516
134
211
51*
134
212
516
134
213
516
134
217
517
134
218
517
134
219
517
134
220
517
134
227
518
134
228
518
134
229
518
134
230
518
INI>EX. 809
SUPREME COURT, &c. (Continued.) , *^''^' *'"'• ^''°'-
all causes for argument must be entered at Halifax on Tuesday
before first day of term, otherwise judgment, 134 222 517
rules nisi to set aside verdicts must be entered on Tuesday
preceding term by party obtaining same, 134 223 517
party against whom rule nisi has been obtained may enter
same, and no second entry required, 134 224 517
papers connected with argument, must be filed woek before
^erm, I34 225 518
rule nisi not to be argued unless judges report of trial filed
week before term — either party may apply to judge to
amend report, I34 226 518
court will grant rules nisi in first instance on sufficient
grounds shewn at Halifax,
business at Halifax on first day of term regulated,
priority of counsel as regards cases for argument duly entered —
exception in favor of continued causes — no concilium to be
moved for on demurrers,
mode in which arguments are to be conducted,
attornies must provide each judge with copies of all papers
necessary for purposes of argument, 134 231 518
one summons only necessary to attend before judgeat chambers
in same matter — order to be granted if party entitled,
judge instead of order may grant rule nisi,
mode of entering country judgments by prothonotary at
Halifax — transcript how made out and sent — effect of
entry thereof,
judgment after argument may be delivered at chambers,
interest may be allowed on verdict where judgment delayed by
rule nisi, unless otherwise ordered, 134 236 519
judges may make general rules to facilitate practice, to be
published in gazette before going into practice, 134 237 519
-, practice of superior courts previous to first year William IV.
to prevail in cases not provided for herein^— queen's
bench to be preferred,
fees to be as in table of schedule,
persons taking excessive fees to forfeit ten pounds and excess,
actions for such forfeitures must be brought in six months,
provision made for country judgments since September, 1851,
warrant of attorney and cognovit must be filed in prothono-
tary's office within ten day's from date, otherwise to be
void — defeazance must be endorsed on warrant, 134 243 520
prothonotary in each county shall enter warrants, &c., in a
book to be kept for the purpose — mode of entry — fees to
be paid for such entry and for searches, &c., 134 244 520
warrants, &c. previously to 7th May, 1858, to be filed within
ninety days from chapter going into operation, 134 245 520
issue of fact may, by consent of parties, be tried by presiding
judge, if he think fit to allow trial — effect of decision of
judge on such trial, 134 246 520
134
232
519
134
233
519
134
234
519
134
235
519
134
238
519
134
239
519
134
240
520
134
241
520
134
242
520
810 INDEX.
Cap. Seo. Page
SUPEEME COUET, &o. (Continued.)
writs of enquiry how returnable — ■judgment when to be
obtained, 134 247 521
iaile of fees in schedule, pp. 521 to 523.
appendix A., forms of writs, pleas, particulars of demand, sug-
gestions, bonds, &c., pages 523 to 531.
appendix B., specimens of forms of pleadings, &c. pages
531 to 534,
PART SECOND.
plaintiff may issue summons against British subject resident
out of province, and under what circumstances — what
requisites to be stated in affidayit and proved, 134 I &35
similar proceedings may be taken against foreigner residing
out of province — form of summons, 134 2 535
writ if irregular not to be void, but may be amended on
application to court or judge on terms, 134 3 536
substitution of forms no objection to writ, but may be amen-
ded by judge without costs, 134 4 536
current writs for service within or without the province may
issue, and be marked accordingly, 134 5 536
affidavits before whom to be sworn — persons knowingly ten-
dering affidavit with false signature, how punished, 134 6 536
schedules A. and B. containing forms of writs, notices, &c.
pages 536 to 538.
SUEGEONg. See physic and surgery. 57 — 205
SUEVEYOE GBNEEAL-AND COMMISSIONEE OF CEOWN
LANDS—
to be united in one person — duration of office, 37 1 159 _
his salary and clerks — salary of clerks, 37 2 160
salaries to be in current money of Nova Scotia, 37 3 160
SUEVEYOES OF HIGHWAYS AND HIGHWAY LABOE,
EXCEPT IN CITY OP HALIFAX—
not to extend to city of Halifax, 63 1 227
districts for statute labor, as established, confirmed, 63 2 227
sessions may erect new districts or alter established ones, 63 3 227
persons liable to perform statute labor, and the number of
days' labor which they shall perform, 63 4 227
additional labor to be performed by owners of cattle, &c., 63 5 228
owners of working oxen, when to be relieved, while pasturing
them, 63 6 228
penalty for neglecting to send teams when required, 63 7 228
householders over 60 years of age, owning cattle, &c. shall send
them to work when notified — penalty for neglect, 63 8 228
owners of cattle, &c. to send team, &o. if he own one^penalty
for neglect, 63 9 228
day shall mean eight working hours, 62 10 228
lists to be made out of persons liable to labor, and by whom, 62 11 228
time within which labor is to be performed — length of notice
to be given — surveyors and commissioners to attend and
oversee work, and to be excused from highway labor, 63 12 228
INDEX.
811
SUEVEYORS OF HIGHWAYS, &c., {Continued.)
seasons specified in certain counties for labor to be performed
absent persons liable to perform labor, to do so on returning,
unless on proof of performance of labor elsewhere,
in case of obstruction of roads or bridges, persons in district
to attend immediately on notice to remove the same,
persons may pay commutation for labor at rate of three
shillings per day,
person not laboring or paying commutation, to be fined,
justices may relieve poor persons from portion of labor to be
performed,
persons residing on islands not liable to labor on main land;
sessions may grant permission to perform labor on particular
roads,
surveyor not to alter highway without consent of two justices,
winter labor to be performed when deemed necessary,
surveyor to make annual return to clerk of peace of labor
performed,
statute labor may be remitted by justices under certain terms,
absent persons to be notified after return req[uired in section 14,
surveyors of highways to be paid for their attendance,
surveyor liable to pay double the amount of any labor lost by
negledt — application of penalty when recovered,
fines, &c., incurred by minors, recoverable from parents,
masters, or guardians,
forfeitures, how to be sued for, recovered, and apportioned,
appendices A. and B., page 232.
SURVEY OES OP SHIPPING. See registry of ships.
TELEGRAPH — Sworn operator exempt from certain duties.
TENANCY BY COURTESY. See lands, descent of, real and
pesoncd property.
TENANCY IN COMMON. See partition.
see joint tenancy,
TENANCY, JOINT. See joint tenancy.
TENANT. See distress.
TIMBER. See inspection, 4^c.
see rivers, <SfC,
TOWN CLERK. See stray horses and cattle,
TOWNSHIP AND PEACE OFFICERS, THEIR POWERS,
APPOINTMENT, QUALIFICATION, AND DUTIES—
established boundary lines of townships confirmed,
appointment of surveyors of lines and bounds — their duties,
town ofiScers, how nominated and appointed,
in case of omission of sessions, two justices may appoint,
ofBcers to be sworn — penalties upop,
penalty upon surveyor of highways, how enforced,
proof of appointment of surveyor of highways sufficient evi-
dence— mode of proof
59
CAP.
63
63
Sec. Faoe.
13 229
14 229
63 15
229
63
16
230
63
17
230
63
18
230
63
19
230
63
20
230
63
21
231
63
22
231
63
23
231
63
24
231
63
25
231
63
26
231
63
27
231
63
28
231
63
29
232
76
2^2
59
1
208
115
17
393
139
—
562
116
—
394
116
—
394
140
—
578
85
99
327
103
—
373
106
2
377
48
1
188
48
2
188
48
3
188
48
4
188
48
5
188
48
6
189
48
189
812
INDEX.
TOT\^NSHIP AND PEACE OFFICERS, &c„ (Continued.)
what persons exempt from being surveyors of highways,
in case of death or absence from township, successor how ap-
pointed,
clerk of township to have custody of plans, grants, &o., of
township — fee for' inspection,
constables to attend supreme court and sessions — how appointed,
mode of appointment of special constables,
by whom to be directed and controlled,
before whom to be sworn,
duration of their appointment,
in case of disorder at public meetings may be verbally ap-
pointed— and by whom^
penalty on special constables refusing to serve,
police constables, how appointed and paid,
funds to defray expense, how raised,
penalty for resisting constable in execution of his duty,
TREASON—
definition of treason — punishment with death and forfeiture,
acts of imperial parliament directing proceedings in England
for high treason to govern trials in this province.
TREASURY NOTES—
commissioners of, how appointed,
form and mode of issue of,
old to be replaced by new,
dated previously to 1846, to be defaced — lodged in provincial
secretary's ofBce — committee of public accounts to exa-
mine and destroy,
issued since 1846 may be applied in payment of warranto, and
. again received in payment of duties,
issued since 1846, if torn or defaced, may be replaced,
issue of limited,
further issue authorized — mode of issue and form of, and
receivable at treasury, and in payment of duties,
issued under acts to provide funds for the constr action of rail-
ways, payable in gold or silver on demand.
TREATY BETWEEN HER MAJESTY AND UNITED STATES
OF AMERICA.
TREES. See malicious injury to property.
TRESPASS. See petty trespasses and assaults.
TROOPS, BILLETTINQ OF. See bilkttins troops.
TRUSTEES—
removal of, &c.,
see executors, administrators, <f e.
USEFUL BIRDS AND ANIMALS. See birds.
USURY. See interest.
VACATING SEATS IN LEGISLATURE. See seats in assem-
bly, <f c.
Cap. Sec.
48 8
Paoe.
189
48
38
9 189
48
10
189
■48
11
189
48
12
189
48
13
189
48
14
189
48
15
189
48
16
190
48
17
190
48
18
190
48
19
190
48
20
190
155
1
610
155
2
610
38
1
160
38
2
160
38
3
160
160
/^^^^ />--^ /-t^^t-
38 5
160
38 6
160
38 6
160'
38 12
161
38 13
161
12 1
40
166 9
626
147 —
581
30 1
146
iy*z
576
576
92 —
352
82 —
309
10 —
30
I'-i^ ^
Cap.
Seo.
Page.
54
—
200
104
—
875
56
9
204
166
3-4
625
162
9
618
76
33
289
107
—
378
164
20
623
17
—
58
124
—
405
1
7
8
169
—
651
160
8
616
INDEX. 813
VACCINATION. See loard of health.
VAGRANTS. See madmen.
VAULTS. See nuisances.
VESSELS—
see malicious injury to property,
see person, offences against ,
see shipping and seamen.
VICIOUS ANIMALS, See sessions.
WAGERS AND GAMES. See fraudulent appropriations.
•WAREHOUSE AND WAREHOUSING. See goods.
WARDS. See guardians.
WARRANT— meaning of
see justices of peace.
WEAPONS. See public peace, offences against.
WEIGHTS AND MEASURES—
standard of weights and measures, 86 1 329
clerks of peace to be furnished by counties with setts of
weights and measures, 86 2 329
clerks of markets to keep stamped weights and measures, 86 3 329
aU weights and measures to be assayed and stamped — clerk's
fees, - 86 4 329
clerks may inspect all weights and measures — clerk may
seize all unstamped weights and measures, &c.,
penalty for selling by unstamped weights and measures.
WELLS AND PUMPS. Seejires andfirewards.
WESLEYAN METHODIST. See meeting houses.
WHARFAGE. See pilotage.
WHIPPING AND PILLORY. See criminal justice.
WILLS OP REAL AND PERSONAL ESTATE—
all estate, real and personal, may be devised by will,
no will valid made by person under 21 years of age,
win made by married woman after Ist of October, 1840,
not valid, except under circumstances detailed in
section, 114 3 386
will by married women not void on account of devise, &o., to
, or for use of husband, 114 4 386
will not to be valid except executed with certain formalities
— form of attestation not necessary, 114 5 386
soldiers and sailors may make wills of porsonal property as
heretofore,
power of appointment by will must be executed as will,
wills executed in manner required by previous sections of this
chapter valid,
incompetency of witness to prove execution not to render will
invalid.
86
5
330
86
6
330
99
32-4
371
52
5
199
78
21
298
168
48
646
114
1
386
114
2
386
114
6
386
114
7
386
114 _
8
887
114
9
387
814 INDEX.
€?Ap. Sec. Page.
114
12
387
114
13
387
114
M
387
114
15
387
114
16
387
114
17
388
114
19
388
114
20
388
114
21
388
114
22
389
114
23
389
114
24
389
WILLS OF REAL AND PERSONAL ESTATE," (Continued.)
a devise, &o., to attesting witness or wife or husband of such
person to be void and admitted to prove will or validity
or invalidity— devise not void if two other competent
persons to will, 114 10 387
creditor not disqualified to prove will charging debts on real
or personal estate, 114 11 387
executors may be witnesses to will, and may prove validity
or invalidity,
will revoked by marriage, except in certain cases,
wills not revoked by presumption of intention to revoke,
wills how revoked,
obliterations, interlineations, or other alterations, &c., in
what case and how far to affect will,
will revoked how revived,
conveyances and other acts how to affect wills previously
made, 114 18 388
wUls when to take effect — executors to be trustees to fulfil cer-
tain contracts made by testator,
lapsed legacies to be included in residuary devise, if any,
construction of wills of land,
general devises how construed,
devise of real estate without words of limitation, to be a fee
simple,
construction of words " die without leaving issue," &e.,
devise of land to trustees or executors to convey a fee simple,
unless otherwise expressly mentioned, 114 25 389
devise of estate's tail shall not lapse by death of devisee before
testator if devise leave issue, 114. 26 389
devises to testator's children, to go to the child or children of
devisee dying before testator,
penalty for suppressing a will,
definition of terms in chapter 114.
"WITNESSES. See evidence.
WOODS AND MARSHES, BURNING OF-
sessiona shall make regulations to prevent burning of ■woods
and marshes at unseasonable times, and affix penalties for
breach, 102 1 373
prosecution must be within three months from offence com-
mitted, 102 2 3TS
persons, convicted and not having goods to satisfy penalty,
may be imprisoned, 102 3 37S
WOODCOCK. See useful birds and animals. 92 — 353
WRECKS AND WRECKED GOODS—
wrecked ships and goods to be preserved for owners — ^finders
to give notice to certain officers — their duties, 77 1 293
search to be madejfor concealed goods, upon information and
warrant — offenders committed to jail, 77 2 293
114
27
390
114
28
390
114
29
390
135
538
INDEX. 815
Cap. Sec. Pagb.
WKECKS AND WRECKED GOODS, (Continued.)
regulations for assisting vessels in distress — penalty for dis-
obedience of orders — reward for salvage &e., how deter-
mined, apportioned and recoverable, 77 3 293
■where no claimant appears, goods 'to be sold, &o. — proceeds
how appropriated, 77 4 294
property in legal custody, penalty for molesting or obstruct-
ing officer in charge, 77 5 294
proceedings to be confirmed by supreme court, except for
wilful error, 77 6 294
and see goods, importation of. 16 32 57"
FINIS.
ERRATA AND CORRIGENDA.
Note. — On receiving this book the owner should note the following
corrections at the pages and sections referred to —
Page 10— Section 11 for " thirty sixth" read "thirty-fifth."
" 64 marginal note section 23, for " from" read " for."
" 72 marginal note section 3, insert " brothels."
" 79 schedule B., for " sucessor " read " successors."
" 79 ibid, for " peunds" read "pounds."
" 80 schedule E., for "hiers" read "heirs."
" 80 ibid, for '* licences" read " licenses,"
" 87 section 36, in third line, for " postmaster " read " postmaster general."
" 175 section 29, for "fifteenth" in first line read "nineteenth."
" 181 section 71, for " this act " read " all the sections of this chapter from 69
to 86 inclusive."
" " section 74, for "second" read "seventieth."
" 183 sections 84 and 85, for " fourteen" in these Sections read "fifteen"
" " section 87, for "seventeen" read ''eighteen."
" 205 section 46, for " bealth " read "health," and for " prevnfcing " read
" preventing."
" 207 section 3, for " bounderies " read "boundaries."
" 212 section 17, for "practical" read "practicable."
" 213 in chapter 60 passim, read "superintendent" for " superintendant."
" 269 section 94, for " 71 to 87 " read " 77 to 93."
" 306 section 4, for "transfer" read " transfer."
" 355 section 6, for " good " in first line, read " goods."
" 412 in marginal note to section 12, leave out the word " deputy," and instead
of words ^^ give certified copies of ," substitute the words "transmit
original."
" 416 section 25, for " comital" read "committal."
" 418 in section 34 insert a comma between the words '( tender payment" and
leave out the words "lesser of" and for "lease" read "release."
" 481 section 131, for "succeednig" read "succeeding."
" 496 in first line, for "sett" read "set."
" 502 section 112, after " that " in second line insert " it."
" 505 section 135, strike out the comma between " issue " and " roll " in both
2nd and 4th lines.
" 514 section 192, for " induce" read " adduce."
" 514 section 197, for " expressed" read " express" and for " equery " read
" enquiry."
" 575 section 2, for " snail" read " shall."
" 581 section 2, for "jurors" read "sessions."
" 583 in section 22, for " seven " " eight " " nine " " ten " read " seventeen' '
" eighteen" " nineteen" " twenty."
" 586 section 2, leave out the " as " after " well."
" 589 section 11, leave out the word " not " in third line.
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